the advice of the Executive Council of the said colony, doth
hereby order as follows:

I. INTERPRETATION.

1. In this Order in Council, if not inconsistent with the context,

“Said Act” means “The Cook and other Islands Government Act, 1901,” or any Act to be hereafter passed in lieu thereof, or any Act or Acts amending the same respectively:

“Alienation” means any sale, lease, contract, or other disposition, absolute or limited, mortgage, charge, lien, or encumbrance :

“Certified plan” means a plan certified to by a duly authorised surveyor as correct for the purposes of the said Court:

“Chief Judge” means the Chief Judge of the said Court:

“Court” means the Cook and other Islands Land Titles Court:

“European” means a person other than a Native:

“Islands” means the islands situate within the boundary-lines set forth in the Schedule to the said Act:

“Judge” means a Judge of the Court, and includes the Chief Judge:

“Land” means any land in the said Islands owned, held, or occupied by any person, whether under Native customs and usages, or lease, or otherwise howsoever, and includes any estate or interest therein:

“Native” means an aboriginal native of the said Islands:

“Order” means order of the Court in the form prescribed for any proceeding by rules made under this Order in Council, or in any form approved of by the Chief Judge, or to the effect thereof respectively, authenticated by the signature of a Judge and the seal of the Court:

“Party” means any person or number of persons appearing to support or to oppose, or to protect his or their interests in respect of, any application made to or proceeding in or before the Court, and includes every applicant:

“Person” means any person, whether Native or European, and includes a corporation:

“Prescribed” means prescribed by rules or regulations under this Order in Council:

“Registrar” means Registrar of the Court, and includes a Deputy Registrar:

“Resident Commissioner” means the Resident Commissioner under the said Act:

“Successor” means the person who on the death of any Native is, according to Native custom, or, if there be no Native custom applicable to any particular case, then according to the law of New Zealand, entitled to the interest of such Native in any land or personal property.

II. CREATION AND CONSTITUTION OF COURT.

2. There shall be within the said Islands a Court of Record to be called “The Cook and other Islands Land Titles Court,” which shall have the jurisdiction and powers herein-after set forth.

3. The Court shall consist of such Judges, not less than two, as the Governor may from time to time appoint. One of such Judges shall be the Chief Judge, who shall be a European. There shall also be such Registrars, Deputy Registrars, Clerks, Interpreters, and other officers as may be required for the conduct of the business of the Court, and as may be appointed by the Governor under the provisions of the said Act.

4. The jurisdiction of any Judge other than the Chief Judge may, except in the case of a rehearing as hereinafter provided, be limited to any one or more of the said Islands.

5. The Chief Judge may from time to time appoint any fit and proper Native to act as Assessor for the assistance of the Court at any sitting or sittings of the Court, as the Chief Judge may determine.

6. The records, plans, and documents relating to the business of the Court shall be deposited, and the official or administrative work carried on, at such place or places in the said Islands as the Chief Judge, with the approval of the Resident Commisioner, shall appoint.

7. Registers shall be kept by the Court in which shall be recorded minutes of all applications made to the Court, and orders and proceedings made and had thereon.

8. Registers shall also be kept by the Court in which shall be entered particulars of all instruments of title issued by the Court, and of all deeds, documents, writings, and other matters requiring to be registered in connection with such instruments of title.

9. The Court shall have in the custody of the Chief Judge or Registrar a seal which shall be the seal of the Court, and shall be used for sealing documents which require to be sealed.

III. JURISDICTION.

10. The Court shall have jurisdiction-

(1.) To investigate the title to and to ascertain and determine the owners of any land within the said Islands, distinguishing titles acquired by Native custom and usage from titles otherwise lawfully acquired:

(2.) To determine the relative interests in any land of the persons entitled thereto, and to partition any land among such persons:

(3.) To effect an exchange between Natives of any land owned by them:

(4.) To determine any successor:

(5.) To grant probate of the will and letters of administration of the estate and effects of any Native now dead, or who shall hereafter die:

(6.) To render any land inalienable, or to impose such limited restrictions on the alienation of any land as the Court may think fit, and to vary or remove any restrictions:

(7.) To determine all claims to land based on any lease or occupation heretofore or hereafter to be made or allowed by a Native:

(8.) To confirm, vary, or alter any lease of land heretofore or hereafter to be made by a Native:

(9.) To restrain any person from injuring, or damaging, or dealing with any property the subject-matter or any application to the Court:

(10.) To determine whether or not any land is to be held by the nominal owner or owners thereof in trust for any Natives, and to determine who are the Natives (if any) entitled beneficially to any land so held in trust, and to order the inclusion of such Natives in the title, either together with or in lieu of the nominal owner or owners, and for the purpose aforesaid to order the cancellation or amendment of any instrument of title, and the issue of any other instrument of title as may be necessary:

(10A.) To reserve and vest in His Majesty any lands required for townships, public works, and offices or buildings, including hospitals, cemeteries, lunatic asylums, gaols, schools, or colleges, and to determine if necessary who were the former owners thereof, and the amount of compensation (if any) to be paid to them : Provided that any lands so reserved for townships may, mutatis mutandis, be dealt with as nearly as may be in accordance with the provisions of the Act of the General Assembly of New Zealand intituled “The Native Town-ships Act, 1895,” and the regulations made under the authority thereof:

(11.) To fix the rent of any land occupied or hereafter to be occupied by any Native other than the actual owner or owners:

(12.) To apportion amongst the owners, or some of them, the rent or rents payable for any land, and for the purposes of any partition to negative, modify, or apportion any of the express or implied provisions of any lease of such land as to any parcel or parcels or as to the whole of such land:

(13.) To issue instruments of title to lands the title to which shall have become ascertained, subject to any trusts, restrictions, or encumbrances (if any) affecting the same:

(13A.) To appoint a trustee or trustees, and in each case to define their powers, for any Native under and during disability, and at any time afterwards to alter, amend, vary, or revoke any such appointment:

(14.) To order any person appointed a trustee of any land belonging to any Native to furnish an account of his trusteeship, and, on examination and investigation thereof by the Court, to order the payment by such trustee of such sum or sums of money to such person or persons and on such terms as may appear just:

(15.) To deal with in any manner whatsoever any lease or other matter the subject of any previous application to or proceeding before the Land Board at Rarotonga under the provisions of "The Land Act, 1899," enacted by the Cook Islands Parliament, and to confirm, vary, or alter any order or decision of the said Land Board:

(15A.) To rehear any claim or other matter whatsoever the finding in relation to which has been appealed against within two months from the date thereof. Every such rehearing shall take place before at least two Judges, and the finding thereon shall be final and conclusive, and shall be substituted for