Native Land Purchase Ordinance.
In the Tenth Year of the Reign of Her Majesty Queen Victoria.
Session VII, No. XIX.
[Confirmation notified in Government Gazette, 2nd December, 1847.]
"An Ordinance to provide for the Prevention by Summary Proceedings of unauthorised Purchases and Leases of Land."
[Passed the 16th day of November, 1846.]
| Title |
| Preamble. |
| 1. | Persons purchasing Land from Natives, or occupying, &c., Native Lands without Licenses, liable to penalties. |
| 2. | Penalty for second offence. |
| 3. | Summary Proceedings not to affect other remedies. |
| 4. | Award for activity in procuring conviction. |
| 5. | Interpretation. |
"An Ordinance to provide for the establishment of Resident Magistrate's Courts, and to make special provision for the administration of Justices in certain cases."
[Passed the 7th day of November, 1846.]
Session VII, No. XVI.
[Confirmation notified in Government Gazettes of New Ulster and Munster, 5th February, 1849.]
Analysis.
I—Resident Magistrates.
| 1. | Power to Governor to appoint Resident Magistrates. |
| 2. | Tenure of Office. |
| 3. | May admit to bail, &c. |
II.—Summary Jurisdiction in certain cases.
| 4. | Trivial cases may be dismissed. |
| 5. | Certain Charges of Larceny may be dealt with summarily. |
| 6. | If party make confession, he may be dealt with summarily. |
III.—Commitment, and Summary Conviction, &c., of Natives in Criminal Cases.
| 7. | Committal of Natives. |
| 8. | In Summary Proceedings. |
| 9. | If Native make confession, he may be dealt with summarily. |
| 10. | Natives convicted of Theft may pay four times the value of Property stolen. |
| 11. | Value in certain cases to be awarded to Owner. |
IV.—Summary Jurisdiction in Civil Cases between Native and European.
| 12. | Jurisdiction and mode of proceeding. |
| 13. | Judgment and Evidence. |
| 14. | Judgment to be final. |
| 15. | And how to be enforced. |
| 16. | Fees may be taken. |
| 17. | And may be required to be prepaid. |
| 18. | And to be paid to Colonial Treasurer. |
V.—Arbitration Courts for Native cases.
| 19. | Courts of Arbitration, their Constitution and Jurisdiction. |
| 20. | Appointment of Assessors. |
| 21. | Their powers and mode of proceeding. |
| 22. | Cases how to be determined. |
| 23. | Security may be required for obedience to award. |
| 24. | Payment of Assessors. |
VI.—Summary Jurisdiction in Civil Cases generally.
| 25. | Jurisdiction. |
| 26. | Mode of proceeding, &c. |
| 27. | May commit for contempt of Court. |
VII.—Miscellaneous.
| 28. | Duties required to be done by Police Magistrates may be performed by persons appointed by the Governor. |
| 29. | Interpretation. |
| 30. | Commencement of Ordinance. |
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