H
I
1110
Notification of constitu.
tion of Board, etc.
Power of entry-
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Barring of Action relating to
No. 10 of 1900.
CROWN LANDS RESUMPTION,
The chairman of the Board shall be a Magistrate or a Justice of the Peace nominated by the Governor, and the two other members shall consist of one member nominated by the Governor and the other by the owner of the land intended to be resumed, or if he fails within one week from the date of expiration of the said notice of intended resumption to nominate in writing a member then
shall be lawful for the chairman to nominate any other person, on behalf of such owner.
6. (1) The constitution of any Board shall be notified in the Gazette, and within 14 days from such notification it shall com- mence its sittings at such time and place as the chairman may, by notification in the Gazette, appoint.
(2) The Governor may appoint some person to act as clerk to a Board, and the Governor-in-Council shall determine hia remunerų. tion.
(3) The remuneration of any member of a Board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and shall be determined in each case by the chairman at the conclusion of the arbitration: Provided that nothing herein shall authorise the payment of remuneration to a public servant who is not permitted to receive remuneration as a member of a Board.
7. In any case where notice of intended resumption has been given it shall be lawful for the Governor and all other persons authorized by him and without the consent of the owner or occupier thereof to enter into and upon any land intended to be resumed for the purpose of surveying and taking levels of such land and doing all necessary acts for setting out the line of works; the compensation for any damage thereby occasioned to the owner or occupier thereof, shall be decided by the Board.
8. No action or suit shall tie either against the Crown or against any other person for any loss or damage resulting to any person
land resumed, from any resumption of any land as aforesaid, but any person claim- ing compensation, whether as owner or otherwise, by reason of such resumption shall, before the commencement of the sittings of the
and trans- mission of claims to Board.
* As amended by No. 28 of 1911, No. 1 of 1912, No. 2 of 1912 and
No. 22 of 1912,
† As amended by No. 18 of 1910, No. 29 of 1911 and No. 9 of 1912.
As amanded by No. 28 af 1911.
GROWN LANDS RESUMPTION,
No. 10 of 1900.
1111
Board, transmit to the clerk of the Board, if appointed or, if.no clerk is appointed, to the Colonial Secretary for transmission to the Board, a written claim, stating the nature of his right or interest in the land and the amount which he seeks to recover.
of oleinu.
9. Every claim shall be separately considered and adjudicated Consideration
unless the parties otherwise agree. upon,
10. Any Board when constituted shall have the following powers Powers and and authorities:—
(1) to determine the compensation to be paid in respect of such resumption or in respect of the extinction of any right or easement caused by such résumption, regard being had not only to the value of the land taken and any buildings thereon but also to any damage or injury resulting to the owner of the land resumed by reason of the severance of such land from other land of such owner contiguous thereto, and to award compensation in respect of such resumption or extinction to all persons claiming compensation to whom the Board may find compensation to be due;
(2) to award costs, (including remuneration to the members of the Board and to the clerk to the Board determined under section 6) in ita discretion, either for or against the Crown or for or against any parties claiming compensation, such costs, if desired by the Crown or any party, to be taxed by the Registrar of the Supreme Court.
(3) all such powers as are vested in the Supreme Court or in a Judge on the occasion of any action or suit in respect of the follow- ing matters :--
(a) enforcing the attendance of witnesses and examining them upon oath or otherwise as it may think fit;
(b) compelling the production of any documents;
(c) punishing persons guilty of contempt:
(d) ordering an inspection of any premises; and
(e) entering upon and viewing any premises.
Buthorities of Board.
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11.-(1) When any property is resumed, a Board in determining Principles of the compensation to be paid and in estimating the value of the land resumed and of any buildings thereon, may-
As amended by No. 28 of 1911.
Assumended by No. 28 of 1911, No. 50 of 1911, No. 1 of 1912,
No. 2 of 1012, No. 21 of 1912 and No, 43 of 1912.
As amended by No. 28 of 1911, No. 1 of 1912 and No. 2 of 1912.
Assesment
of compensa. tion.
$
654
!