Appendix 4 - New South Wales Act, 4 Vict., No. 7, Repealed
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NEW SOUTH WALES ACT, 4 VICT., NO. 7, REPEALED ._____________ |
No. II. ORDINANCE to repeal within the said Colony of New Zealand a certain Act of the Governor and legislative Council of New South Wales made and passed in the fourth year of the reign of Her present Majesty and adopted under an Ordinance of the Governor and legislative Council of New Zealand for extending the Laws of New South Wales to the said Colony of New Zealand and which said Act of the Governor and Council of New South Wales is instituted "An Act to empower the Governor of New South Wales to appoint Commissioners with certain powers to examine and report on Claims to Grants of Land in New Zealand, and also to terminate any Commission issued under the same, and to authorise the Governor of the Colony of New Zealand to appoint Commissioners with certain powers to examine and report on Claims to Grants of Land therein, and to declare all other titles except those allowed by the Crown null and void".
ORDINANCE to repeal within the said Colony of New Zealand a certain Act of the Governor and legislative Council of New South Wales made and passed in the fourth year of the reign of Her present Majesty and adopted under an Ordinance of the Governor and legislative Council of New Zealand for extending the Laws of New South Wales to the said Colony of New Zealand and which said Act of the Governor and Council of New South Wales is instituted "An Act to empower the Governor of New South Wales to appoint Commissioners with certain powers to examine and report on Claims to Grants of Land in New Zealand, and also to terminate any Commission issued under the same, and to authorise the Governor of the Colony of New Zealand to appoint Commissioners with certain powers to examine and report on Claims to Grants of Land therein, and to declare all other titles except those allowed by the Crown null and void". |
1. Be it therefore enacted and ordained by His Excellency the Governor in and over the said Colony of New Zealand with the advice and consent of the Legislative Council of the same Colony, That from and immediately after the passing of this Ordinance the said Act of the Governor and Council of New South Wales so adopted as aforesaid intituled "An Act to empower the Governor of New South Wales to appoint Commissioners with certain powers to examine and report on Claims to Grants of Land in New Zealand," be and the same is hereby repealed and of no effect within the said Colony of New Zealand; and the said commission so issued by the said Governor of New South Wales under and by virtue of the powers for that purpose contained in the said Act is hereby determined and declared to be null and void, anything in the said Act in the contrary thereof notwithstanding. |
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2. And whereas it is expedient to remove certain doubts which have arisen in respect of titles of land in New Zealand, be it therefore declared enacted and ordained, That all unappropriated lands within the said Colony of New Zealand, subject however to the rightful and necessary occupation and use thereof by the aboriginal inhabitants of the said Colony, are and remain Crown or Domain Lands of Her Majesty, her heirs and successors, and that the sole and absolute right of pre-emption from the said aboriginal inhabitants vests in and can only be exercised by Her said Majesty, her heirs and successors, and that all titles to land in the said Colony of New Zealand which are held or claimed by virtue of purchases or pretended purchases gifts or pretended gifts conveyances or pretended conveyances leases or pretended leases agreements or other titles, either mediately or immediately from the chiefs or other individuals or individual of the aboriginal tribes inhabiting the said Colony, and which are not or may not hereafter be allowed by Her Majesty, her heirs and successors, are and the same shall be absolutely null and void: Provided and it is hereby declared that nothing in this Ordinance contained is intended to or shall affect the title to any land in New Zealand already purchased from Her Majestys Government or which is now held under Her Majesty. |
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