1092
Power of entry.
Barring of action relating to and transmission of claims to Board.
No. 10 of 1900. CROWN LANDS RESUMPTION.
(3) The remuneration of any member of a Board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and shall be determined in each case by the chairman at the conclusion of the arbitration: Provided that nothing herein shall authorise the payment of remuneration to a public servant who is not permitted to receive remuneration as a member of a Board.
7. In any case where notice of intended resumption has been given it shall be lawful for the Governor and all other persons authorised by him and without the consent of the owner or occupier thereof to enter into and upon any land intended to be resumed for the purpose of surveying and taking levels of such land and doing all necessary acts for setting out the line of works; the compensation for any damage thereby occasioned to the owner or occupier thereof, shall be decided by the Board.
8. No action or suit shall lie either against the Crown or against any other person for any loss or damage resulting 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.
Consideration of claims.
Powers and authorities of Board.
*
9. Every claim shall be separately considered and adjudicated upon, unless the parties otherwise agree.
10. Any Board when constituted shall have the following powers and authorities:-
(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
* As amended by No. 14 of 1921.
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Page 6
1092
Power of
entry.
Barring of action
relating to
and trans-
mission of claims to Board.
No. 10 of 1900. CROWN LANDS RESUMPTION.
(3) The remuneration of any member of a Board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and shall be determined in each case by the chairman at the conclusion of the arbitration: Provided that nothing herein shall authorise the payment of remuneration to a public servant who is not permitted to receive remuneration as a member of a Board.
7. In any case where notice of intended resumption has been given it shall be lawful for the Governor and all other persons authorised by him and without the consent of the owner or occupier thereof to enter into and upon any land intended to be resumed for the purpose of surveying and taking levels of such land and doing all necessary acts for setting out the line of works; the compensation for any damage thereby occasioned to the owner or occupier thereof, shall be decided by the Board.
8. No action or suit shall lie either against the Crown or against any other person for any loss or damage resulting land resumed, 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.
Consideration of claims.
Powers and authorities of Board.
*
9. Every claim shall be separately considered and adjudi- cated upon, unless the parties otherwise agree.
10. Any Board when constituted shall have the following powers and authorities:-
(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
* As amended by No. 14 of 1921.
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