37

Public Works.

A. —6c

pier of land do not agree as to the compensation, the same; shall be determined as provided for in Part 111. of this Act. 113. (1.) The provisions of paragraph (k) of the last preceding section shall extend and apply to any Native land which has not been 5 partitioned, and to any unfenced and uncultivated land which is unoccupied and the owner of which is unknown or cannot readily be found. (2.) In any such case the notice referred to in the said paragraph shall be sufficient if it is legibly written or printed and is posted up in a 10 conspicuous position at or near to the place from which it is intended to remove such stone, gravel, or other material. (3.) Such notice shall be signed by the Chairman of the Road Board or County Council in the case of district or county roads, by the Chairman of the Town Board in the case of town district roads, and by some 15 person on behalf of the Minister in the case of Government roads. 114. Where a road crosses the boundary of a district or meets another road on such boundary it shall not be lawful to alter the level of such road or roads at such point of crossing or meeting unless both the parties having the control of the roads respectively agree as to the new 20 level at such point. 115. (1.) Where land purchased from the Crown has no existing access by road, and access can only be gained by passing through adjoining land, the owner of the first - mentioned land may, if such adjoining land is the property of the Crown, serve upon the Minister 25 a notice claiming that a way of access by road [from and to the nearest public road shall be laid off through such adjoining land, and it shall be the duty of the Minister to direct that such way of access be provided. (2.) If such adjoining land is not the property of the [Crown or of 30 such owner, he may, if the local authority within whose jurisdiction such land is situate has refused or neglected to take action in this behalf, in like manner serve a notice upon the Minister requiring that a way of access by road through such adjoining land shall be provided, and it shall be the duty of the Minister and he is hereby empowered to pro--35 vide the same by taking or acquiring the necessary land, subject always to the following conditions : — (a.) The Minister shall ascertain the cost of taking or acquiring the land required for such road, and if such cost does not exceed one-fifth of the sum paid to the Crown as the purchase--40 money of the land to which access by road is to be provided, then the cost of taking or acquiring the land for such road shall be defrayed out of the Consolidated Fund. (6.) If such cost exceeds one-fifth of the sum so paid jjto the Crown, then the person applying for such road shall repay 45 such excess to the Minister upon his demand, and„ may be required to make such payment, or to give security therefor to the satisfaction of the Minister, before the land for such road is taken or acquired, (c.) If any part of the purchase-money of the land to which access 50 is to be provided has been paid to any local authority, then such local authority shall, on demand of the Minister, refund to him a proportionate share of such cost not exceeding the amount received by such local authority on account of such purchase-money.

Power to remove gravel, &c, from Native lands and unoccupied land. 1900, No. 47, sec. 9

Level of road on boundary of a district to be as agreed on. 1894, No. 42, sec. 11l

Access to land to which there is no road. Ibid, sec. 112

If private land adjoining, how land for road to be acquired.

Refund by local authority.