CO129-542-3 Foreshore and Sea-bed Works Bill- correspondence 9-1-1933 - 16-8-1933 — Page 64

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administrators or assigns of such person) and who seeks to recover compensation in respect of any such extinguishment or injurious affection, may, within two months after the publication of the definitive approval under section 5 (5), deliver to the Director of Public Works a Statement of Claim in writing setting forth, with full particulars, the nature of his claim and the amount of compensation which he seeks to recover.

(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settle- ment 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 Statement of 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 Chief Justice shall arrange.

(4) Such judge shall on the application of any party, or may without any such application, appoint one or more assessors to advise him upon any matters requiring pro- fessional 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.

(6) No appeal shall lie from any award or decision of a judge under this section.

judge in

8. For the purposes of the hearing of any claim for Powers of compensation, such judge shall have powers similar to those claims of vested in the Supreme Court on the occasion of any action compensa- in respect of the following matters :-

(a) enforcing the attendance of witnesses and examining

them upon oath, or otherwise;

(b) compelling the production of documents;

(c) punishing persons guilty of contempt;

(d) ordering inspection of any premises; and

(e) entering upon and viewing any premises.

tion.

ment of

9. Nothing in this Ordinance shall be deemed to No enlarge- recognise or create any right or claim, or any greater right or compensation claim to compensation than but for this Ordinance would exist rights. and be recognised and enforceable by action in the Court.

damage to

10 & 11

10.-(1) The owner of every vessel or float of timber Liability for shall be answerable to the Government for any damage done works. by such vessel or float of timber, or by any person employed Vict. c. 27, about the same, to any undertaking authorised or validated s. 74. by this Ordinance or connected therewith, and the master or person having the charge of such vessel or float of timber

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