PUBLIC RECORD OFFICE
Reference :-
133 / 15
COPYRIGHT PHOTOGRAPH-NOT TO
BE REPRODUCED PHOTOGRAPHIC- ALLY WITHOUT PERMISSION OF THE PUBLIC
RECORD OFFICE, LONDON
dinance.
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Power of compul- X. Whenever it shall appear to the Governor on the report in writing of the Surveyor General, that it sory Purchase of Pro- is necessary for the completion of the Works to be carried on under this Ordinance, that Her Majesty should perty required for purposes of this Or. obtain possession of any Lands or Tenements or Erections of any kind not belonging to the Crown, it shall be lawful for the Governor to purchase the same on behalf of the Crown on such Terms as shall be fixed by the Surveyor General; and if the Person entitled to the said Lands shall refuse to accept the said Terms, then it shall be lawful for the Governor to direct an Assessment of the Compensation or Consideration to be paid to the Person entitled thereto for the purchase of the same Lands, Tenements, or Erections, in the same manner as is hereinbefore provided for the assessment of Compensation to be allowed in respect of damage to Marine Lot-holders. And it shall be competent to the Sheriff and the Jury empanelled for the purpose of making such Assessment, to enter upon and view the said Lands, Tenements, or Erections. And after Return made by the Sheriff of the Amount found by the said Jury to be payable as Compensation in respect of the said Lands, Tenements, or Erections, it shall be lawful for the Governor to direct payment of the said Amount to be made out of the Colonial Treasury to the Person entitled thereto, and to direct the Surveyor General to take possession of the said Lands, Tenements, or Erections in the name of the Crown. And no assignment or conveyance of the said Lands or Tenements shall be deemed necessary to vest the same in the Crown thenceforth, but a Declaration shall be made by the Surveyor General of his having taken possession thereof as aforesaid, with a Statement of the Amount of Compensation as assessed, and a description of the Premises so taken by metes and bounds; and a Memorial of the said Declaration having been registered at the Land-office, it shall be considered thenceforth 38 Evidence of the vesting of the said Premises in Her Majesty and Her Successors to all intents and purposes whatsoever; and no Claim shall thereafter lio against the Crown in respect of the said Premises, except for the Consideration or Compensation assessed as payable for the same, as is hereinbefore provided.
Power
проп
And whereas many unauthorized encroachments have been made by Holders of Marine Lots upon the Sea below High-water mark, and Land reclaimed at great expense, and it is desirable that the said Holders should be permitted to retain possession of the Lands so reclaimed upon payment of an equitable Rent therefor: It is hereby further ordained as follows:-
XI. It shall be lawful for the Governor to permit any Piece or Parcel of Land so reclaimed from the Sca, to grant Leases, and Conditions without grant or license from the Crown, to be rented with the Marine Lot in front of which the said Land of Leases to be grant shall have been so reclaimed by the Holders of the Crown Lease thereof, upon such Terins as shall be agreed ed, of Crown Lands heretofore encroached on between the said Holders and the Surveyor General; and if the said Holders and the Surveyor General cannot agree, then it shall be lawful for the Governor to direct an Assessment of the Rent reasonably tu be charged in respect of the Land so reclaimed, in the same manner as is hercinhefore provided for the Assessment of Compensation to be allowed in respect of Damages to the Marine Lot-holders; and for the purpose of making such Assessment, it shall be competent to the Sheriff and tlie Jury thereto empanelled, to enter upon and view the Land so reclaimed as aforesaid. And after return maile by the Sheriff of the Amount found by the said Jury to be reasonably chargeable as the rent of the said Land so reclaimed, then it shall be lawful for the Governor to offer the said Land to be held as aforesaid with the Marine Eôt ́in front of which it shall have been so reclaimed, at and for the Rent so assessed as aforesaid; And in the event of 215055- the Holder of the said Marine Lot declining to accept a Lense of the Land so reciaimed at the Rent to ed as aforesaid, then it shall be lawful for the Governor forthwith to order the sale of the said Piece or Parcel of Ground by Public Auction, either in Lots or undivided, and together with any Piece or Purcel of Ground Provided always, that Compensa- adjoining in possession of the Crown, as to the Governor shall seem best: tion shall be made to the Holder of the original Marine Lot so sold, for the Expense incurred in and about the reclamation from the Sea of the Land in front thereof,-such Compensation to be asacrsed in manner herein- before provided for the Assessment of Damage to Marine Lot-holders under Section IX of this Ordinance. XII. Provided always, that nothing herein contained shall in any way affect or interfere with the Compromises here- tofore made, not to be carrying out of any Works now in the course of Erection or Construction under the direction or supervision of the Surveyor General; and that nothing herein contained shall be construed so as to set aside of inyàli- date any Arrangements or Compromises heretofore entered into between the Crown and Marine Lot-holder
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