1796
No. 21 of 1909.
Limitation
of action for
compensation.
*
Appointment of arbitrators.
Costs.
RAILWAYS.
to receive and have been paid compensation, or to make any accommodation works with respect to which the owners or occupiers have made no representations during the time that the section of the railway affected was in course of construction.
(d) Where the administration has provided suitable accommodation for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the administration shall not be compelled to provide other accommodation for the crossing of the road or stream.
12. No action or suit shall be brought or maintained against the Crown or against the administration, or against any person for compensation or for any loss or damage resulting to any person by reason of the construction of any railway works; but if any person considers himself to be entitled to compensation in respect of any land or property adjoining a railway, or of any interest therein which has in his opinion been injuriously affected by the construction of such works, he may, if no agreement has been come to between himself and the administration, forward to the Colonial Secretary a claim for compensation, which claim shall be determined in the following manner :-
(a) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.
(b) The two arbitrators so nominated shall view the land or property in respect of which such compensation is claimed with the object of deciding what sum should in the circumstances of the case be awarded as compensation, and if the said arbitrators agree as to the amount their decision shall be final. In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in Chambers as umpire and his decision shall be final.
(c) The decision of the arbitrators or the umpire, as the case may be, shall be forwarded in writing to the Colonial Secretary.
(d) Where the amount of compensation, if any, is determined by the arbitrators each party shall pay the costs incurred by him in respect of the matter of the arbitration, but if the matter in dispute is referred to the Puisne Judge the costs of and incident to
* As amended by No. 12 of 1912, No. 13 of 1912, No. 27 of 1912 and No. 43 of 1912 Supp. Sched.
Page 5
Page 6
1796
No. 21 of 1909.
Limitation
of action for
compensa- tion.
*
Appointment of arbitrators.
Costs.
RAILWAYS.
to receive and have been paid compensation, or to make any accommodation works with respect to which the owners or occupiers have made no representations during the time that the section of the railway affected was in course of construction.
(d) Where the administration has provided suitable accom- modation for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the administration shall not be compelled to provide other accommodation for the crossing of the road or stream.
12. No action or suit shall be brought or maintained against the Crown or against the administration, or against any person for compensation or for any loss or damage resulting to any person by reason of the construction of any railway works; but if any person- considers himself to be entitled to compensation in respect of any land or property adjoining a railway, or of any interest therein which has in his opinion been injuriously affected by the construc- tion of such works, he may, if no agreement has been come to between himself and the administration, forward to the Colonial Secretary a claim for compensation, which claim shall be determined in the following manner :-
(a) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.
(b) The two arbitrators so nominated shall view the land or property in respect of which such compensation is claimed with the object of deciding what sum should in the circumstances of the case be awarded as compensation, and if the said arbitrators agree as to the amount their decision shall be final. In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in Chambers as umpire and his decision shall be final.
(c) The decision of the arbitrators or the umpire, as the case may be, shall be forwarded in writing to the Colonial Secretary.
(d) Where the amount of compensation, if any, is determined by the arbitrators each party shall pay the costs incurred by him in respect of the matter of the arbitration, but if the matter in dispute is referred to the Puisne Judge the costs of and incident to
* As amended by No. 12 of 1912, No. 13 of 1912, No. 27 of 1912 and
No. 43 of 1912 Supp. Sched.
Page 5Page 6
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