145
has been heretofore paid, will not be required
to pay any fee before their Claims are heard.
shall be accounted for to the satisfaction of the
Court, an order may be made for the Grant to
be delivered up at some future time, and when-
ever it shall be produced the adjudication thereon
may proceed without further notice.

5. In the case of Original Land Claims, ad-
   vertised for hearing by former Commissioners
   but not heard, and in respect whereof no Grants
   were recommended by reason of the claimant
   failing to appear or produce evidence, it will be
   necessary, before filing any notification, to show
   that the claimant's right has not lapsed by his
   wilful default.

6. Where it can be shown that the claimant
   was unable to pay the fees of Court, or to
   produce evidence material to his case, or that
   other reasonable grounds existed for the claim
   not being prosecuted before former Commis-
   sioners, the claim will be admitted for hearing.

7. Original Land Claims in respect whereof
   no Grants were recommended by the first
   Commissioners after hearing, but which were
   subsequently re-opened by Government, and in
   which Grants or Scrip were awarded but not
   issued or exercised, will be admitted for in-
   vestigation in order to a final decision. Claims
   withdrawn or disallowed after hearing by
   former Commissioners and not subsequently re-
   opened by Government, will not be re-admitted
   for hearing.

8. All unsettled Pre-emptive Claims under
   the Proclamation of 10th October 1844, will
   be admitted for final investigation.

9. Claimants will be required to produce the
   originals of all Native Deeds of Sale, and
   certified translations of any documents that
   may be in the Maori language.

10. Claimants who cannot attend personally
    may appear by agent authorised in writing.
    Provided that at any time after the day
    appointed for the hearing, evidence may be
    taken and the investigation proceeded with in
    the absence of and without further notice to
    the claimant.

11. Any claimant, agent, or party interested
    in a claim may have copies of any evidence or
    documents in the Court having reference
    thereto, upon payment of sixpence per folio for
    copying the same.

12. When any Grant shall have been called
    in by notice from the Attorney-General, the
    only proof to be required of such notice shall
    be the production of the Government
    Gazette wherein the same was published.

13. When any Grant so called in shall not
    be produced at the time and place specified in
    the notice, and the non-production thereof

14. An order may at any time be made for
    the survey of the land comprised in any Grant
    called in for adjudication, whether such Grant
    be adjudged void or not.

15. Every survey made by a claimant must,
    wherever practicable, be connected with some
    neighbouring survey, and the position thereof
    fixed with reference to some known point or
    determinate natural feature: and the plans
    must in all cases give bearings and distances,
    show generally the principal features of the
    country with the Native names thereof, and
    clearly define the boundaries of the claim by a
    border in red colour.

16. Every plan must be accompanied by a
    written description of the boundaries, com-
    mencing from and closing upon some defined
    point, and stating bearings and distances; and
    also by a certificate from the surveyor that
    every boundary line shown on the plan has
    been properly cut on the ground, and that the
    survey has been completed without disturbance
    from the Natives.

17. As a general rule claimants will be
    required to survey the whole external boundary
    of their claim as the same was originally ac-
    quired from the Natives; but this will not be
    demanded in cases where the extent of the
    claim greatly exceeds the maximum quantity
    to be granted. The allowance for surveys
    will be calculated upon the area actually sur-
    veyed, whatever may be the amount awarded
    in the claim.

18. Where it becomes necessary, after a
    survey has been made, to run new boundary or
    other survey-lines in order to carry out any
    order of the Court, the allowance to be made
    in land for such additional lines will be calculated
    with reference to the contract prices at the
    time for work of a similar description executed
    for Government.

F. D. BELL,
L. C. C.

These Rules submitted to His Excellency
the Governor in Council, and approved this
eighth day of September, one thousand eight
hundred and fifty-seven.

F. G. STEWARD,
Clerk of Executive Council.