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1
Execution
of process of Board.
*
Decision of Board to be
No. 10 of 1900.
CROWN LANDS RESUMPTION.
(4) Subject to the provisions of section 11 and to the provisions of paragraplis (b) and (c) of this section, the value of the land resumed shall be taken to be the amount which the land if sold in the open market might be expected to realize.
12.-(1) Every notice under the hand of the chairman of a Board may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for enforcing the attendance of witnesses or compelling the production of documents.
(2) Any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of the chairman, and may authorise the imprisonment (which shall be without hard labour) of the offender for any term not exceeding three months.
(3) Every notice, order, or warrant of any Board may be served and executed in the same manner as notices, orders, and warrants of the Supreme Court may be served and executed in civil actions.
13.--(1) If, in the discharge of the duties devolving upon by majority, any Board, there occurs a difference of opinion between the members, the decision of any two of them shall have the same force and effect as if all the members had concurred therein.
and final.
Filling of vacancy on Board.
Power to demise or grant land resumed.
(2) Any decision arrived at by the Board shall be final as regards all parties interested.
(3) No award of compensation made by a Board with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of form.
14. During the pendency of any proceedings before any Board, if any member of the Board from any cause is or becomes unable to act, his place, if he is a judge, shall be filled by another judge or, if he is a person appointed by the Governor, owner, or chairman, by some other person appointed by the Governor, owner, or chairman, as the case may require.
15. Any land resumed under the provisions of this Ordi- nance may be demised and granted by the Governor on such terms and conditions and at such price, whether by way of rent, premium, or otherwise, and either by public auction or private contract, as the Governor may determine.
* As amended by Law Rev. Ord., 1924.
2. Section 16 of the Crown Lands Resumption Ordi- Repeal of nance. 1900, is repealed and the following section is Ordinance substituted therefor :-
Ordinance
No. 5 of 1920.
No. 10 of 1900,
s. 16, and
16. (1) All sums of money awarded as substitution compensation (together with interest thereon of new as hereinafter mentioned), and all costs and section. remuneration awarded against the Crown, shall be paid out of the general revenue.
(2) It shall be lawful for the Director of Public Works, after the making of any award whether already made or hereafter to be made under this Ordinance, to cause to be inserted
in the Gazette a notification that an award has been made, and such notification shall appoint a government officer to pay the com- pensation awarded, and a place at which, and à time within which, such compensation shall be paid.
(3) Any sum of money awarded as com pensation shall bear interest at the rate of eight per cent per annum from the date of the resumption of the land until the expiration of the time appointed as aforesaid. Except as hereinbefore mentioned, no interest shall he payable on any sum awarded as compensation. No interest shall be payable on any costs or remuneration.
(4) If no claim be made for the compensa- tion money at the place, and within the time, appointed, the officer appointed as aforesaid shall cause such money to be paid into the Treasury.
(5) The money thus paid into the Treasury or any part of it may, within a period of five years from the expiration of the time referred to in section (2), be claimed by the person entitled thereto and upon such claim being substantiated shall be paid to the person so entitled.
(6) At the expiration of the said period of five years the money or such part of it as remains unpaid shall be transferred to the general revenue of the Colony and shall be dealt with in accordance with the provisions of the Unclaimed Balances Ordinance, 1929.
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