Amendment To1867 Act

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339

NEW ZEALAND.

QUADRAGESIMO .PRIMOVICTO RI.LE REGIN-LE.

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ANALYSIS.Title. 6. No sale or partit.ion to be made without consentPreamble. of Judge of Native Land Court.1. Short Title. 7. Judges ofNative Lltnd Court to have jurisdiction2. Trustees of infant Maoris to havepower to sell fo r purposes of this Act.real estate. 8. Validation of prior sales or conttacts.3. Trustees may join in partition. 9. Payments of purchase-money and appropriation4. Proceeds of sale may be laid ou t in purchase of thereof on such sales and contracts validated.other lands. 10. Application of Act to purchases on behalf of

5. Or may be invested in Government securities. the Queen.

AN ACT to amend" 'I 'he Maori Real Estate Manage- Title.ment Act, I 8 7 . ~ ' [I ollz D ( ~ c e J n b e r , 1877.JWHEREAS it is expedient that provision should be made'whereby P r e a m b l e ~Trustees of real estate belonging to infants of the Maori race,appointed under" The Maori Real Estate Managelllent Act, 1867,"should be enabled to sell and dispose of such real estate or any

part thereof to Her Majesty the Queen, in the manner hereinafterprovided:BE IT THEREFORE ENACTED by the General Assembly of NewZealand in Parliament assembled, and by the authority of the same,as follows:-1. The Short Title of this Act shall be" The Maori Real Estate Short Title.Management Act Amendment Act, 1877."2. Every Trustee 'appointed under" The Maori Real Estate T r u s t ~ e s of infantManagement Act 1867" (hereinafter called" the saidAct") in whom MaorIS to have power" . , . to sell real estate.shall be vested the real estate of any infant Maori within the meaningof the saidAct" ishereby empowered to sell and dispose of the same, orSupplement to the New Zealand Gazette No. 99, of the 13th December, 1877.


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'34 0 No. 43. 4 1 0 VICTORI., A.D. 1877.Maori Real Estate Management Aot Amendment.

Valida,tion of priorsales or contracts.

Trustees may join inpartition.

Or may be investedin Governmentsecurities.

Proceed. of salemaybe laid out in purchase of other lands.

any part or parts thereof, to Her Majesty the Queen, or to any personon her behalf, in such manner, and on such terms and conditions,as such Trustee may think fit or expedient. But in all cases in whichno Trustee of such estate of any infant Maori prior to the passing ofthis Act shall have been appointed, it shall be lawful for the Governorto appoint such Trustee, only on the recommendation of a Judge of theNative Land Court, and not otherwise.3. Where such real estate shall consist of an undivided share, theTrustee may concur in a partition, orjoin in any other act or do anyother necessary thiJl$fbr the division of the entir(:)ty of such property,and may give to ,01' take from Her said Majesty., or any person on herbehalf, anyruoney by way of equality of partition.4. With consent of a Judge of the Native Land Court, to begiven on an application to be made for that purpose, the. Trusteemay l ~ out the. proceeds of.any s ~ l e , o r anymoney received'b:y.him byway of equalityof partition, in the purchase of other lands of liketenure situate in t.he colony, and the same when so purchased shallvest in and'beheld'by the Trustee,' subject to the same trusts, powers,and provisions as the property so sold or partitioned.5. All moneys to ~ r i s e from all;Y such,. sale, or to be received byway of equality of partition, not invested as', before provided, shall beinvested in Government securities in the colony, and the interest anda n n 1 ; l ~ l \ p r o d u c e thereof shall be applied for the persons beneficiallyentitled:thereto, in the manner by the said Act provided.6. No power of sale or of partition shall be exercised under thisAct without the consent of a Judge of the Native Land Court, whoshall inquire into the circumstances of the proposed sale or partitionand as to all the facts attending the same, and if he shall be satisfiedthat it is one" which may be allowed to.be made, he shall make andsign an order approving of the sale or partition, but no cost or chargeof such application shall be imposed upon the estate of the minoraffected thereby.7. Every Judge of the Native L ~ n d Court shall have jurisdictionfor the purposes of this Act, and the Judges of the said Court, or anythree of them, of whom the Chief Judge of such Court shall be one,may make rules regulating the course of practice and procedure onapplications for orders approving of sales and partitions and orders ofinvestment under this Act.8. Every sale to Her Majesty or to any person on her behalf of~ n such real estate which has been made, and every agreement or,:contract for any sale or partition in connection with any contract with~ e Majesty of'such real estate which has been bond fide entered into,1?Y any Trustee appointed as aforesaid before the passing of this Act,:$hallbe deemed as valid as if made or entered into after the passingof this Act, and so far as the same may be incomplete shall be completedin, accordance with this Act, but no consent under the sixth sectionof this Act shall be required to ;any such sale or parti tion made andcompleted before the passing of this Act.

Payments of pur- 9. All payments made by or on behalf of Her Majesty on accountc h a s e - m ? n ~ y and of' any such purchase of real estate or any interest therein to theappropriatIOn thereof . ' .on Buch sales and p . ~ r s o n s who, acc


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A.D. 1877. 41 0 VICTORIlE. No. 43. 34-1Maori Real Estate Management Act.Amendment.

Trustee so paying any such moneys shall be discharged from al lliability or responsibility to his cestuis que trust in respect thereof orin relation thereto.10. This Act shall apply to all purchases of land on behalf of Application of Actt.H 1\11- t th Q' . ' t f h' h t ' to h purchases on behalf ..er l.UaJes y e. ueen In respec 0 W lC nego la Ions ave of the Queen.heretofore been entered into and any payments shall have beenmade before the passing hereof, and.to no others.WELLINGTON, NEW ZEALAND:

Printed under authorit;r of the New Zealand GOTernmtmt, by GEOBGB DIDSBUBY, Governmen' Printer.

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Amendment To1867 Act