Liability for damage to works. 10 & 11 Vict. c. 27, 8. 74.
Determina-
tion of public and private rights.
Property occupied by public works
vested in Crown.
Provision for claims.
5.-(1) The owner of every vessel or float of timber shall be answerable to the Government for any damage done by such vessel or float of timber, or by any person employed about the same, to the harbour, or to any works authorised or validated by this Ordinance or connected therewith, and the master or person having the charge of such vessel or float of timber through whose wilful act or negligence any such damage is done shall also be liable to make good the same; and the Government may detain any such vessel or float of timber until sufficient security has been given for the amount of damage done by the
same.
(2) Any claim or other proceedings by the Government under this section may be brought in the name of the Attorney General.
(3) Nothing in this section shall be deemed to authorise the arrest of, or proceedings against, any vessel which is the property of His Majesty or of any foreign State.
6. All public and private rights of navigation or fish- ing, and all public and private rights of access, user, possession or occupation, and all other public or private rights (if any) in, upon and over such portious of the foreshore, sea bed and land as are or shall be occupied by such works, are hereby extinguished and shall be deemed to have ceased to exist prior to the commencement of the said works provided that in the case of temporary works all such public and private rights shall be deemed to be in abeyance only for so long as such works remain in existence.
7. The foreshore, sea bed and land occupied by such works are hereby declared to be absolutely the property of the Crown, free from any restriction whatever.
8. (1) Any person intending to make any claim in respect of the extinguishment or alleged extinguishment, under this Ordinance, of any private right, or in respect of any injurious affection of any property by reason of any authorised works, shall deliver to the Director of Public Works within three months from the publication in the Gazette of the Notification of definitive approval referred to in section 3 (4), but not thereafter, a written claim stating the nature and particulars of the alleged private right or injurious affection and the amount which he seeks to recover.
(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settlement of any claim.
(3) If the Governor makes no acceptable offer of settle- ment or compromise within two months of such delivery of the written claim the claimant may within three months of such delivery notify the Director of Public Works that he desires a reference to a judge; and the Governor shall thereupon refer the claim with the particulars thereof to such one of the judges as the judges may mutually arrange.
(4) Such judge shall on the application of any party, or may without any such application, appoint one or more as sessors to advise him upon any matters requiring professional knowledge.
(5) Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant, and may award costs in his discretion either for or against the Crown or for or against any party claiming compensation, such costs in case of difference to be taxed by the Registrar of the Supreme Court.
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