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33. Provided always, and notwithstanding anything in this
    Act contained, in any case not hereinbefore provided for, in
    which, under special circumstances, in the judgment of the Com-
    missioners, manifest hardship or injustice shall have been done
    or suffered, they may recommend to the Governor that such
    case be specially considered, and the Governor, if he shall think
    fit, may order the Commissioners to hear such claim, and the
    Commissioners shall hear it accordingly, and decide the same
    according to equity and good conscience, and may direct a
    grant of land, or compensation in land as they may think equi-
    table, according to the circumstances.

General power to
Commissioners to in-
vestigate cases of
proved injustice and
award compensation.

34. Derivative claims may be heard and decided under this
    Act, as well as original claims, and in all cases of dispute be-
    tween claimants, the Commissioners may decide the same ac-
    cording to their judgment, and such decision. shall be binding
    on the parties, subject to appeal as hereinbefore provided.

Derivative claims
may be heard under
this Act and in cases of
dispute, decision of
Commissioners bind-
ing.

35. No subdivision of an original claim shall entitle parties
    to a larger grant or more favourable terms of settlement than if
    the claim had remained entire.

No subdivision of ori-
ginal claim to extend
grant.

36. Where lands claimed or granted shall have been sub-
    divided, and shall be claimed by several parties, the
    Commissioners shall, in directing grants to be issued and com-
    pensation to be made under this Act, make such order and di-
    rection as to them shall seem best adapted to meet the justice
    of the case.

In cases of subdivi-
sion Commissioners to
make such award as
may seem fit.

37. No compensation shall in any case be given in money-
    scrip or land credits exercisable over unspecified or undefined
    lands.

No compensation to
be given in money
scrip or indefinite
land-credits.

38. No lands shall be included in any Grant under the pro-
    visions of this Act, over which it shall not be proved to the satis-
    faction of the Commssioners that the Native Title is extinguish-
    ed, or which shall be required for any purposes of public utility
    or convenience, and before any Grant shall be recommended it
    shall be the duty of the Commissioners to ascertain from the
    General Government and from the Government of the Province
    wherein such lands are situated, whether the lands proposed to
    be granted, or any part thereof are required for any such pur-
    pose.

No land over which
native title not extin-
guished or required by
General or Provincial
Governments for pub-
lic purposes to be
granted.

39. In any case of claim or Grant heard or examined by
    the Commissioners, under the provisions of this Act, in which
    the Native title shall not be proved to have been extinguished,
    over the lands comprised in such claim or Grant, or any part
    thereof, it shall be lawful for the Governor, on behalf of Her
    Majesty, on payment by the claimant of the estimated cost of
    extinguishing the Native title to such lands, or any part thereof,
    and all expenses incident thereto, to extinguish such title and
    obtain a cession of such lands to Her Majesty, and thereupon to
    make a grant of the same, in accordance with the provisions of
    this Act, and in like manner as if the Native title had been
    proved to have been extinguished.

Where Native title
not extinguished Go-
vernor may at cost of
claimant cause it to be
extinguished.