Page image
Page image

9

Jx**mm~JtA.<

8. Every suit for contravention of this Act snail be commenced within the three calendar months immediately following such contravention, and not afterwards. 9. Any Justice of the Peace who shall himself view any contravention of this Act may impose the penalty therefor without other proof, and, for the purposes of this Act, all agents for the sale of Crown lands, all employes of the Department of Crown Lands, all sworn land surveyors, and all wood rangers employed Iry the Department of Crown Lands, shall be ex qfficio Justices of the Peace.

111. —Re-establishment of State Foeests. New Zealand. — Vide Act No. XXIV., 1874, intituled "An Act to provide for the Establishment of State Forests, and for the Application of the Bevenues derivable therefrom."

Extracts, Mauritius Ordinance, No. 12 of 1872. Chapter I. —Woods and Forests. 1. It shall be lawful for the Governor in Executive Council to purchaso on behalf of the Crown any woods or forests that such Governor in Executive Council may deem it expedient to acquire for the purpose of preserving the same; and also to purchase any land or lands which such Governor iu Executive Council may deem it expedient to replant with trees for the purpose of better securing a proper supply of water, or of better protecting the springs, streams, rivers, and watercourses of this colony. 2. Snch acquisitions shall be held to be acquisitions for public purposes and for the public benefit, and shall be promoted and executed according to the provisions of Ordinance No. 57 of 1860, save and except such of the provisions of the said Ordinance as relate to the mode of fixing the value of the real property thus acquired, and of settling the compensation to be given to the owners or occupiers of the said real property. 3. Provided that under this Ordinance the Curator of Intestate Estates shall not have the power to sell any land of which he may be in possession, except in the cases provided for by Ordinance No. 13 of 1857. 4. Provided also that the said Curator shall have no power to sell, if a claim to the real property intended to be sold have been set forth, and no final judgment have adjudicated upon the merits of such claim. 5. The value of, or compensation for, real property sold and conveyed to the Crown under this Ordinance, and also the amount of damage caused by severance or separation of land or any other cause shall, if the parties to the intended contract do not agree, be fixed and determined as hereinafter provided. In all cases where severance is created under this Ordinance right-of-way shall be preserved or reserved to the landowner to his adjoining land, and to the nearest highway or railway. C. There shall bo appointed by the Governor a Board composed of five members of the Legislative Council, two of the said members being official, and three unofficial members of Council, and the said Board shall finally fix and determine the value of the said property to be sold or conveyed to the Crowu uuder this Ordinance, and also fix and determine the compensation, if any, to be given to the owners or occupiers of the said real property, subject to such appeal as is hereinafter provided. 7. The said Board shall have power to take evidence upon oath, to compel the attendance of witnesses, and the answering of lawful questions, and to enforce the production of documentary evidence in the same manner as a Court of law, and the process to carry out these provisions shall be the same as that in force in the Supreme Court, and all writs and warrants necessary to give effect to these provisions shall be issued, as of course upon a Judge's order, without fees, out of and return to the Registry of the Supreme Court, at the instance and in the name of the Chairman of the said Board: Provided that it shall be lawful for the Chairman of the Board to cause such processes to be served by the District Court ushers. 8. All decisions arrived at by the said Board shall be reduced to writing, and signed by the Chairman and Clerk of the Council; and tho certified copy of the same signed by the Clerk of the Couucil shall be conclusive evidence before all the Courts of this colony of the decision itself and of the regularity of the proceedings carried on and of all anterior proceedings. A certified copy of all decisions or awards, in full, and the reasons therefor, if given, may be claimed from the Chairman of tho Committee by parties to tho cause, and shall be delivered on payment of a fee according to Schedule C. 9. The said Board shall be known as the Woods and Forests Board, shall receive no fee or reward, nor be liable to any suit, action, or proceeding of any kind on account of the discharge of their duties under this Ordinance. Three members shall form a quorum : Provided that, if four members attend and no majority be obtained, the decision shall stand adjourned until the fifth member, can attend, or, if he cannot attend, until another member be appointed by the Governor to replace him pro hac vice. The Governor shall appoint one of the members of the Board to be chairman thereof. The Secretary of the Council of Government shall act as secretary to the Board. 10. The said Board s'hall have power to refer to the Supreme Court for adjudication thereon any question of law that may arise, and to stay their award until the final decision of the Supreme Court on the point referred: Provided that every question, of law so referred to the Supreme Court shall be so referred, as far as practicable, in the form of a case stated. 11. The decision or award of the Woods and Forests Board as to the value of real property to be sold and conveyed under this Ordinance, or as to the amount of any compensation to be given under this Ordinance to any owner, tenant, or occupier of land, or on any subject or matter submitted to tho said Board under this Ordinance, shall be final, and not liable, either directly or indirectly, to be challenged by way of appeal, or certiorari, or otherwise, or by suit or action for compensation or damages, or in any other way whatsoever: Provided that whenever the sum claimed, either as purchase-money or as compensation on any account soever, shall be of the amount of £1,000 or upwards, the decision of the Woods and Forests Board shall be liable to be revised by way of appeal to a Board composed of ten members of the Council of Government named by the Governor, four of whom shall be official and 2—A. 2a.

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert