j think, therefore, that, in spite of the obvious irregularities which pervade this grant, the NEW ZEALAND. declarhtion shows no sufficient ground to disturb it.   

Judgment for the defendant.

The Attorney-General for the Crown.

Mr. Bartley for the defendant.

Enclosure 2 in No. 1.

CROWN TITLES BILL..

In the Thirteenth Year of the Reign of Her Majesty Queen Victoria.

Analysis.

Title.

Preamble.

I. Grants made before passing hereof, declared to be valid.

2. Compensation to be made in case Native Title not fully extinguished.

3. Such Compensation to be payable out of General Revenue of Province.

4. Operation of certain Grants declared to confer on the Grantee a right of selection.

5. Right of Selection, how to be exercised.

6. Map and description of Boundaries to be endorsed on Grant.

Grant to be valid when Endorsement shall have been signed by Governor.

8. In certain cases Land may be taken in Exchange.

9. Value, how ascertained.

10. Ordinance not. to come into operation until it receive Royal assent.

Encl. 2 in No. 1.

AN ORDINANCE for Quieting Titles to Land in the Province of New Ulster.   Title.

WHEREAS, since the Proclamation of Her Majesty's sovereignty in and over the islands Preamble.

of New Zealand, various laws, ordinances, royal letters patent, and instructions, have from time to time been made and issued, relating to the disposal by the Crown of lands within the colony, prescribing the terms and conditions on which such lands should be alienated and disposed of, and limiting and appointing the power and authority of the governor for the time being to make grants of the same in the name and on behalf of the Crown: and whereas during such period as aforesaid numerous grants of land within the province of New Ulster have been made in the name and on behalf of Her Majesty, by the governor, lieutenant-governor, or other the officer administering the government of the colony for the time being : and whereas in many cases doubts are entertained whether such governor or other officer was duly authorized and empowered to make such grants in the name and on behalf of the Crown, and whether suds grants were otherwise made in conformity with the regulations for the time being in force in that behalf: and whereas numerous grants of land claimed under the provisions of the Land Claims Ordinance, I, No. 2, have also been made, wherein the land of which the grantee is recited to be entitled to a grant forms a part only of the whole quantity claimed to have been purchased by him from the aboriginal native owners, and is not particularly set forth and described in such grant; and it is doubtful in point of law whether by reason of such uncertainty any or what portion of land is validly conveyed by such grant : and whereas certain cases have already been submitted to the judgment of the Supreme Court ; but it is essential to the prosperity of the colony that such doubts should in all cases be removed with the least possible delay. Now, therefore, for the more speedy removal of such doubts, and as far as may be in conformity with such judgments as aforesaid, and for the effectual quieting of Crown titles, be it enacted and declared by the governor-in-chief of New Zealand, with the advice and consent of the Legislative Council thereof, as follows:-

1. Every grant of land within the province of New Ulster, , sealed with the public seal of the Grants made before

Declared

colony or province, and made before the passing of this Ordinances, in the name and on the Passing hereof declared behalf of the Crown, by the governor, lieutenant-governor, or other the officer administering to be valid. the government for the time being, shall be deemed and taken to be a good, valid, and effectual conveyance of the land purported to be conveyed by such grant and of the estate or interest purported to be conveyed thereby as against Her Majesty, her heirs and successors, and against all other persons whatsoever, and as if the same had been a valid grant of the demesne land by the Crown—any law, ordinance, custom, usage, or instruction to the contrary notwithstanding.

2. Provided always, and it is hereby further enacted, that if at any time before the 1st day Compensation to be ] of January, 185 , it shall be proved to the satisfaction of a judge of the Supreme Court that made in case native the native tide to the land comprised in any such grant bath not been fully extinguished, it title extinguished not fully

head.

shall be lawful for any such judge to award to the native claimant or claimants proving title to   guished the same (not being a party or parties to the original sale of such land) such sun, or sums of money in satisfaction of the claim so to be substantiated as aforesaid as shall appear to such judge to stand with equity and good conscience.

3. All sums of money so to be awarded as aforesaid shall be paid by the colonial treasurer, Such compensation to on demand, to the person or persons in whose favour such award shall be made, and shall be be payable out of payable out of, and be charged rovince.

ed, and be chargeable upon the general revenue of the province of general revenue of New Ulster.

4. And ba it further enacted, that until it shall be amended, as hereinafter provided, every The operation or such grant as aforesaid which shall recite that the grantee is entitled to receive a grant of a certain grams to conger

of selection.

specified quantity of land, but which shall not set forth and describe the particular piece or a right