✨ Continuation of Land Claims Act




261
shall adjudge such quantity, with an addition not exceeding one-sixth, to be se-
lected by the Grantee out of the lands comprised within such boundaries.

B. If the boundaries described shall not contain the requisite quantity, the
Grant shall be adjudged for so much as the boundaries do contain, in satisfaction
of all claim.

c. Where there shall be several Grants of the same land, or of land within the
same boundaries, the Commissioners shall adopt such scheme of division, selection,
or apportionment, as shall, in their judgment be best adapted to meet the justice
of the case.

D. In no case shall any person be entitled to a new Grant of more than the
quantity expressed in the cancelled Grant, except that the Grant may be extended
to one-sixth more than such expressed quantity.

E. In all cases accurate maps of the lands to be granted shall be furnished
to the Commissioners, at the cost of the parties; such maps to be certified by
some competent Surveyor to be approved of by the Commissioners.

F. In any case not specially provided for, the Commissioners shall proceed ac-
cording to such rules as they may judge best adapted to meet the justice of the
case, but as near as may be in accordance with the provisions of this Act.

  1. Every new Grant shall be subject in equity to the same
    claims, rights, and interests, as the cancelled Grant, in lieu whereof
    such new Grant shall have been issued.

V.-PROCEEDINGS WITH RESPECT TO CLAIMS FOR WHICH NO GRANTS
HAVE BEEN ISSUED.

Old Land Claims.

  1. In respect of claims arising under purchases made from the
    Natives before the 14th of January, 1840, which, under the pro-
    visions of this Act, the Commissioners are empowered to investigate,
    the Commissioners, in order to ascertain and determine the quantity
    of land which may be granted to any claimant, shall, in every case,
    inquire into and set forth so far as it shall be possible to ascertain
    the same, the price or valuable consideration, with the sterling value
    thereof, paid to aboriginal owners of the land, the time, manner, and
    circumstances, of the payment, and the number of acres such pay-
    ment would have been equivalent to, according to the rates fixed in
    the Schedule C, appended to this Act. And the Commissioners
    shall direct the issue of a Grant to the person they, in their judgment,
    may deem entitled thereto, for the number of acres so to be ascer-
    tained as above mentioned.

  2. Provided, that in any case in which it may appear to the
    Commissioners that special hardship has been suffered by a claimant,
    by reason of delay in settling the claim, without default of the
    claimant, the Commissioners may increase the number of acres to
    be granted by not more than one-fourth. Provided, also, that no
    Grant shall be issued of land exceeding in extent the quantity
    orginally claimed.

  3. Provided, also, that no Grant shall be issued which shall
    convey more than the maximum of 2560 acres to any one claimant;
    but, under special circumstances, the Commissioners may recommend
    the Governor to extend the amount to be granted beyond the maxi-

To be subject to the
same equities as can-
celled Grants.

In claims prior to
January, 1840, Com-
missioners to ascertain
amount of acres to be
granted.

In cases of special
hardship Commission-
ers may increase
amount of acres in
grant.

Maximum of 2560
acres not to be exceeded
except in special
cases.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 32





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Act regarding settlement of Aboriginal claims and voidable grants (continued from previous page)

πŸ›οΈ Governance & Central Administration
16 August 1856
Legislation, Land Grants, Commissioners, Voidable Grants, Land Claims, Aboriginal Owners, Maximum Acreage