223049-1935-Supplementary-Draft-Bill--Public-Reclamations-Validation-and-Clauses — Page 3

Powers of judge in

claims of

compensa. tion.

No enlarge- ment of compensation rights.

Liability for damage to works. 10 & 11

Vict. c. 27, s. 74.

Saving of right of the Crown,

Saving of Admiralty rights. Ordinance No. 8 of 1906.

1990

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.

8. For the purposes of the hearing of any claim for compensation, such judge shall have powers similar to those vested in the Supreme Court on the occasion of any action 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.

9. Nothing in this Ordinance shall be deemed to recognise or create any right or claim, or any greater right or claim to compensation than but for this Ordinance would exist and be recognised and enforceable by action in the Court.

10.-(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 any undertaking 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.

11. Nothing in this Ordinance shall be deemed to be in derogation of any of the powers or rights of the Crown.

12. Nothing in this Ordinance shall be deemed to authorise the construction of any works within or interfering with the Admiralty works authorised by the Naval and Military Works Ordinance, 1906, without the previous consent of His Majesty's Lords Commissioners of the Admiralty.