A.D. 1900.] CROWN LANDS RESUMPTION.
[No. 10.
land resumed: Provided always that the member nominated by the Governor may be the Director of Public Works or any public officer; (3.) notice in writing of the nomination by the Governor of a member of the Board shall be forthwith given to the owner by publication in The Gazette, and, if he does not nominate a member of the Board within seven days from the date of such publication, it shall be lawful for the Chairman to nominate and appoint any person, other than a member of the Colonial Civil Service, on behalf of such owner; and
(4.) the Governor may also appoint some person to act as clerk to the Board at such remuneration as he may think fit.
The constitution of the Board shall be notified in The Gazette, and within fourteen days from such notification the Board shall commence its sittings at such time and place as the Chairman may, in and by such notification or by any other notification in The Gazette, appoint. (2) (3) (4.)
Repeated by Ord. 28/1152
Notification of constitution of Board, etc.
See also sec. 5 of Ord. 18/1910
Ord. 28/1153
6. No action or suit shall lie either against the Crown or against any other person for any loss or damage resulting to any person from any resumption of any land as aforesaid, but any person claiming compensation, whether as owner or otherwise, by reason of such resumption shall, before the commencement of the sittings of the Board, transmit to the clerk of the Board, if appointed or, if no clerk is appointed, to the Colonial Secretary for transmission to the Board, a written claim, stating the nature of his right or interest in the land and the amount which he seeks to recover.
7. Every claim shall be separately considered and adjudicated upon, unless the parties otherwise agree.
8. The Board, when constituted, shall have the following powers and authorities, namely,-
(1.) to determine the compensation to be paid in respect of such resumption or in respect of the extinction of any right or easement caused by such resumption, regard being had not only to the value of the land taken and any buildings thereon but also to any damage or injury resulting to the owner of the land resumed by reason of the severance of such land from other land of such owner contiguous thereto, and to award compensation in respect of such resumption or extinction to all persons claiming compensation to whom the Board find compensation to be due;
(2.) to award costs, in its discretion, either for or against the Crown or for or against any parties claiming compensation, such costs, in case of difference, to be settled by the Registrar of the Supreme Court; and
Repeated at statute 28/11 § 44
7.*
A.D. 1900.] CROWN LANDS RESUMPTION.
[No. 10.
land resumed: Provided always that the member nominated by the Governor may be the Director of Public Works or any public officer; (3.) notice in writing of the nomination by the Governor of a member of the Board shall be forthwith given to the owner by publication in The Gazette, and, if he does not nominate a member of the Board within seven days from the date of such publication, it shall be law- ful for the Chairman to nominate and appoint any person, other than a member of the Colonial Civil Service, on behalf of such owner; and
(4.) the Governor may also appoint some person to act as clerk to the
Board at such remineration as he may think fit.
5The constitution of the Board shall be notified in The Gazette, and within fourteen days from such notification the Board shall commence its sittings at such time and place as the Chairman may, in and by such notification or by any other notification in The Gazette, appoint. 4 (2) (3) (4.)
629
Repeated by 0rd. 28/1152
Notification
of constitu- tion of
Ter also fec-5 ofood. 1801910
070.28/1153
Board, etc.
Barring of relating to
actions
and trans-
mission of claims to
6. No action or suit shall lie either against the Crown or against any other person for
any loss or damage resulting to any person from any resumption of any land as aforesaid, but any person claiming compen- land resumed, sation, whether as owner or otherwise, by reason of such resumption shall, before the commencement of the sittings of the Board, transmit to the clerk of the Board, if appointed or, if no clerk is appointed, to the Colonial Secretary for transmission to the Board, a written claim, stating the nature of his right or interest in the land and the amount which he seeks to recover.
Board.
7. Every claim shall be separately considered and adjudicated upon, Consideration unless the parties otherwise agree.
of claims.
8. The Board, when constituted, shall have the following powers and Powers and authorities, namely,-
(1.) to determine the compensation to be paid in respect of such re- sumption or in respect of the extinction of any right or easement caused by such resumption, regard being had not only to the value of the land taken and any buildings thereon but also to any damage or injury resulting to the owner of the land resumed by reason of the severance of such land from other land of such owner contiguous thereto, and to award compensation in respect of such resumption or extinction to all persons claiming compensation to whom the Board find compensation to be due; (2.) to award costs, in its discretion, either for or against the Crown
may
authorities of Board.
or for or against any parties claiming compensation, such costs, in Repeated to atstatuted case of difference, to be settled by the Registrar of the Supreme
Court; and
28/11 § 44
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