Aug. 18.] THE NEW ZEALAND GAZETTE. 1323

Empowering Native Appellate Court to hear Appeal under Section 62 of “The Native Land Laws Amendment Act, 1895.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of August, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS by section sixty-two of “The Native Land Laws Amendment Act, 1895,” it is provided that in any case in which application has been or shall be made to the Chief Judge of the Native Land Court, under section thirty-nine of “The Native Land Court Act, 1894,” in respect of any order of the Court determining the succession to the estate of any Native deceased, the Governor, on being certified by the Chief Judge as in the said section is provided, may, by Order in Council, empower the Native Appellate Court to deal with such application as a valid appeal under “The Native Land Court Act, 1894”: And whereas the Chief Judge has, in respect of the application of Wiremu Teriu, under section thirty-nine aforesaid, which application bears date the second day of July, one thousand eight hundred and ninety-eight, certified as by the said section sixty-two is required: And whereas the said application in all other respects complies with the requirements of the last-mentioned section:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby empower the Native Appellate Court to deal with the said application as an appeal, under the provisions of “The Native Land Court Act, 1894,” from the order of Court hereinafter specified, that is to say:—

The order of the Court, dated the thirty-first day of January, one thousand eight hundred and ninety-six, appointing Mereana Patukino to succeed to the interest of Rumaki te Puke, deceased, in Waiwiri East, Section 1.

ALEX. WILLIS,
Clerk of the Executive Council.

Excepting Land from Operation of Section 117 of “The Native Land Court Act, 1894.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of August, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by section four of “The Native Land Laws Amendment Act, 1895,” and by and with the advice and consent of the Executive Council of the said colony, doth hereby except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894,” for the purpose of alienation by way of mortgage to the Public Trustee, the block or parcel of land known as Pahaoa No. 4b, situate in the Wairarapa District, containing seven hundred and seventy-one acres three roods and thirty-six perches, more or less, being the land comprised in a partition order of the Native Land Court dated the twenty-fourth day of November, one thousand eight hundred and ninety-seven, in favour of Rawinia te Huki and others.

ALEX. WILLIS,
Clerk of the Executive Council.

Conferring Jurisdiction on Native Land Court.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of August, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS by section fourteen of “The Native Land Court Act, 1894,” it is enacted that the Native Land Court shall, as regards all lands within the meaning of subsection ten of section fourteen aforesaid, have jurisdiction as in the said subsection mentioned: Provided that the Court shall not proceed to exercise such jurisdiction unless the Governor in Council shall by Order authorise the same to be done:

And whereas the land specified in the Schedule hereto is land in respect whereof the Court has jurisdiction as aforesaid, and it is expedient that the Court should be authorised to exercise the same:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby authorise the said Court to exercise in respect of the said land the jurisdiction conferred as aforesaid—that is to say, to determine whether or not the said land or any part thereof was, on the investigation of title thereto, intended by the Native Land Court, or by the nominal owner or owners of such land, to be held by such nominal owner or owners in trust for Natives not named in the title, and to determine who are the Natives (if any) entitled beneficially to such land, and to order the inclusion of such Natives in the title, either together with or in lieu of the nominal owners or any of them, and for the purpose aforesaid to order the cancellation or amendment of any existing instrument of title, and the issue of such new Crown grants or other instruments of title as may be necessary, and generally to exercise in respect of the said land all the jurisdiction and powers conferred on the Native Land Court by subsection ten of section fourteen of “The Native Land Court Act, 1894.”

SCHEDULE.

All those parcels of land, situate in the Provincial District of Otago, known as Sections 101 and 102, and Township Reserve, Block XII., Waikouaiti Native Reserve, being the lands comprised in orders of the Native Land Court dated 26th March, 1887.

ALEX. WILLIS,
Clerk of the Executive Council.

Powers delegated to the South Malvern Domain Board under “The Public Domains Act, 1881.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of August, 1898.

Present:

His Excellency the Governor in Council.

IN exercise and pursuance of the powers and authorities vested in him by “The Public Domains Act, 1881,” His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council thereof, doth hereby revoke a certain Order in Council, dated the twenty-fifth day of October, one thousand eight hundred and eighty-nine, making delegation of certain powers in manner as therein appears; and doth, with the like advice and consent, by this present Order, delegate, but only with respect to the piece or parcel of land described in the Schedule hereto, all the powers conferred by the Act aforesaid, except the powers under or conferred by sections five and twelve thereof, to the under-mentioned persons, who shall be known as the South Malvern Public Domain Board, namely,—

EDWARD MCMILLAN, Sen.,
PATRICK DOYLE,
PATRICK KING,
ALFRED PRUST WOODCOCK,
SYLVANUS HOWREE MORTIMER JONES, and
SAMUEL HALL

(hereinafter referred to as “the Board”), subject to the stipulations hereinafter contained, that is to say,—

1. The Board shall meet for the transaction of business on the first Tuesday in each month, at eight o’clock p.m., at South Malvern, or at such other time or place as may from time to time be fixed by the Board. The first meeting shall be held on Tuesday, the sixth day of September, one thousand eight hundred and ninety-eight.