Nov. 10.] THE NEW ZEALAND GAZETTE. 1589

Extending Time for holding General Elections, Taranaki County Council.

GLASGOW, Governor.
By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of November, 1893.

Present:

HIS EXCELLENCY THE DEPUTY-GOVERNOR IN COUNCIL.

WHEREAS by section eighty-eight of “The Counties Act, 1886” (hereinafter termed “the said Act”), it is provided that the general elections of members of the various County Councils throughout the colony shall be held on the second Wednesday in November: And whereas owing to inadvertence due notice was not given of such election for the current year in the County of Taranaki, and such election cannot be held on the said date: And whereas it is desirable to extend the time for holding such election:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by his duly-appointed Deputy, Sir James Prendergast, Knight, in exercise of the powers and authorities vested in him by section three hundred and twenty-two of the said Act, and of all other powers in any-wise enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby extend the time for holding the general election of Councillors for the County of Taranaki, and doth hereby order and declare that the said general election shall be held and take place on Wednesday, the twenty-ninth day of November instant, in lieu of Wednesday, the eighth day of November, instant.

ALEX. WILLIS,
Clerk of the Executive Council.

Notice to be given under “The Native Claims and Trusts Definition and Registration Act, 1893.”

GLASGOW, Governor.
By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of November, 1893.

Present:

HIS EXCELLENCY THE DEPUTY-GOVERNOR IN COUNCIL.

WHEREAS by “The Native Trusts and Claims Definition and Registration Act, 1893” (hereinafter referred to as “the said Act”), it is among other things enacted that notice of the passing, and of the effect, of the said Act shall immediately be given to the Natives affected, in such manner as the Governor in Council determines:

Now, therefore, in pursuance and exercise of the power and authority conferred by the said Act, His Excellency the Governor of the Colony of New Zealand, by his duly-appointed Deputy, Sir James Prendergast, Knight, Chief Justice, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby order and determine as follows:—

1. As soon as conveniently may be after the making of this Order in Council, a notice in the form or to the effect hereinafter set forth shall be given to the Natives affected by the said Act, by publishing such notice in the New Zealand Gazette in the English language, and by publishing a like notice in the Kahiti in the Maori language.

2. The Native Minister shall also cause inquiry to be made as to what Natives are affected by the said Act, so far as the same can be reasonably ascertained, and shall cause a like notice in the Maori language to be given to every such Native, by delivering the same to him or her personally, or by leaving the same at, or addressing it by post to, his or her usual or last-known place of abode.

3. Every such notice shall be signed by the Native Minister, or by some other Minister, being a member of the Executive Council of the colony, acting for such Native Minister, and may, when addressed to one or more individuals, be varied or altered as circumstances may require.

FORM OF NOTICE.

To all Native persons interested in lands in the Bay of Plenty which are referred to in “The Whakatane Grants Validation Act, 1878.”

Notice is hereby given that the General Assembly of New Zealand has lately passed an Act the Short Title of which is “The Native Trusts and Claims Definition and Registration Act, 1893.”

Section 2 of this Act relates to lands in the Bay of Plenty which have been granted to trustees under the circumstances mentioned in “The Whakatane Grants Validation Act, 1878,” and a copy of the Schedule to the latter Act is set out in the First Schedule to this notice, showing what land was originally granted, to whom it was granted, and the nature of the trusts comprised in the grant. In “The Native Equitable Owners Act, 1886,” the preamble states that in many cases grants have been made to Natives as absolute owners, when in fact they were only intended to be trustees for themselves and others, members of their tribe, or hapu, or otherwise; and then, in sections 2 to 5, inclusive, provision is made enabling the Native Land Court to inquire into the nature of the title of any Native interested in any such land, to declare who are the persons beneficially entitled thereto, and empowering the Court to declare such beneficial owners to be tenants in common of the land, as if their names had been inserted in the grant or certificate affecting such land. These sections are set out at length in the Second Schedule to this notice. By “The Native Trusts and Claims Definition and Registration Act, 1893,” before mentioned, it is enacted that cestuis que trustent may apply to the Native Land Court to become certificated owners of the lands above-mentioned. The legal expression cestuis que trustent means persons for whom other persons are trustees. In this case the persons to whom the grant is made are the legal owners; and the persons who are entitled to the rents or proceeds of the land are the equitable owners. The effect, then, of the second section of the last-mentioned Act is that equitable owners of these lands mentioned in the First Schedule may apply to the Native Land Court, under “The Native Equitable Owners Act, 1886,” to ascertain who are the persons beneficially entitled to such lands and to be declared the owners thereof as therein provided. Every such application would of course be dealt with in accordance with the law affecting it. Section 2 of “The Native Trusts and Claims Definition and Registration Act, 1893,” is set out in the Third Schedule to this notice.