PUBLIC ROADS. 28 Vic., No. 5. - An Act enabling land to be taken for roads and other public purposes through native and other districts of the Colony. (a) [13th December 1864.] WHEREAS it is necessary for the civilization of certain parts of the Colony that roads and other means of communication should be constructed and maintained throughout the Colony and that power should be vested in the Executive Government of the Colony to take land for such purposes Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority thereof as follows : I. The short title of this Act shall be "The Public Works Lands Act." II. The term "public works" in this Act shall mean and include roads bridges and ferries the word "lands" shall mean and include lands tenements and hereditaments whether held by native or other owners and by whatsoever tenure and for whatsoever estate or interest and all claims thereto. III. It shall be lawful for the Governor by Order in Council to order that any public work to be defined in such Order shall be made. IV. After the publication of such Order in Council in the Government "Gazette" the Governor may compulsorily take and permanently hold all such lands as may be necessary for the construction of such public work and may occupy any lands that may be required for temporary use during the construction of such public work and may enter upon any lands for the purposes of taking surveys or levels without giving any notice or making any application to any person owning such lands. V. Provided always that compensation shall be made to persons owning or occupying lands so taken and incidental thereto to be ascertained in manner following That is to say with respect to persons holding land under title derived from the Crown in the manner prescribed by the Lands Clauses Consolidation Act 1863 And with respect to persons holding lands wherein the native title has not been extinguished to be ascertained in the manner and with the exceptions and subject to the conditions and provisoes contained in the New Zealand Settlements' Act 1863 And for the purposes of this Act the said last-mentioned Act shall continue and be deemed to be in operation notwithstanding the period prescribed by law for the termination thereof ahall have arrived. VI. Every such public work and the land and soil thereof shall from the date of such Order in Council be deemed to be vested in Her Majesty her heirs and successors as part of the demesne lands of the Crown. (a) CONTENTS: - Preamble. 1. Short title. 2. Meaning of terms "public works" and "lands." 3. Governor may order works to be undertaken. 4. After publication of Order in Council, Governor may take lands. 5. Compensation to be made in certain cases. 6. Land retaken to be deemed vested in Her Majesty. INDEX. ACTS ADOPTING ENGLISH ACTS- An Ordinance for bringing into operation within the Colony certain Acts of the Imperial Parliament 1 Page 1 English Laws Act, 1858 3 An Act to bring into operation within the Colony certain Acts of the 627 The Merchant Shipping Act, 1854, Adoption Act 4 English Acts Act 1860 5 ADULTERATION OF FOOD- L The Adulteration of Food Act 1866 5 AFFIRMATION- The Affirmations in Lieu of Oaths in Criminal Proceedings Act, 1866 ANIMALS (PROTECTION OF CERTAIN)-- The Protection of Certain Animals Act, 1865 The Protection of Certain Animals Act Amendment Act, 1866 An Ordinance to empower the Governor of New Zealand to regulate the An Ordinance to regulate the removal and the making and repairing of Arms Act, 1860 Arms Act Continuance Act, 1861. The Arms Act Amendment and Continuance Act, 1866. ATTORNEY-GENERAL- The Attorney-General's Act, 1866 ATTORNEY (POWERS OF)- The Powers of Attorney Act, 1854 AUDIT- The Audit Act, 1858 The Audit Act Amendment Act, 1865 AUDIT (PROVINCIAL)- :: The Provincial Audit Act, 1866 1 BANKS AND BANKERS- An Ordinance to authorize the establishment of a Colonial Bank of The Bank Paper Currency Act, 1856 Bankers' Returns Act, 1858 Bankers' Draft Act, 1858 Bankers' Returns Act Amendment Act, 1860 BANKS (SAVINGS)- The Savings Banks Act, 1858 The Savings Banks Act Amendment Act, 1860 The Post Office Savings Banks Act, 1865 BILLS OF EXCHANGE- The Summary Procedure on Bills Act, 1862 The Summary Procedure on Bills Act Amendment Act, 1866 BILLS PRIVATE (COSTS ON)- See Title Costs BILLS PRIVATE (EVIDENCE)- See Title Evidence BILLS OF SALE- Page 43 44 45 47 48 49 60 61 63 66 251 536 BILLS (TREASURY) - The Treasury Bills Regulation Act, 1866 BONDED WAREHOUSE- The Bonded Warehouses Duty Act, 1866 BUILDING AND LAND SOCIETIES- Esease m 67 71 75 77 87 85 90 : CIVIL LIST- CONSTABULARY FORCE See Armed Constatutay bear 1857 An Ordinance to provide for the establishment and maintenance of a Constabulary Force The Provincial Constabulary Act, 1865 : : CONSTITUTION (HOUSE OF REPRESENTATI VES)--- The Elections Writs Act, 1858 : The Disqualification Act, 1858 The Regulation of Elections Act, 1858 Corrupt Practices Prevention Act, 1858 Election Petitions Act, 1858 The Representation Act, 1860 Election Petitions Act Amendment Act, 1862 The Miners Representation Act, 1862 Representation Act, 1862. Miners Representation Act Amendment Act, 1863 The Representation Act, 1865 The Representation Act Amendment Act, 1866. The Registration of Electors Act, 1866 The Gold Fields Members Qualification Act, 1866 CONSTITUTION (LEGISLATIVE COUNCIL)- The Legislative Council Quorum Act, 1865 CONSTITUTION (PRIVILEGES)- Privileges Act, 1856 The Parliamentary Privileges Act, 1865 CONSTITUTION (PROVINCIAL COUNCILS) Provincial Councils Powers Act, 1856 Page 151 154 157 157 158 : 159 167 171 : Provincial Laws Act, 1856 220 The Provincial Reserved Bills Act, 1858 221 Boundaries of Provinces Act, 1858 222 The Provincial Elections Act, 1858 223 An Ordinance to facilitate the Transfer of Real Property and to simplify the Law relating thereto 230 An Ordinance to amend an Ordinance to facilitate the Transfer of Real 24 The Conveyancing Ordinance Amendment Act, 1860 24( : COPYRIGHT- An Ordinance to secure the Copyright of Printed Books to the Authors 24 The Petty Sessions Act, 1865 332 : 336 : The Petty Sessions Act Amendment Act, 1866 COURT-(RESIDENT MAGISTRATE'S)- An Ordinance to provide for the establishment of Resident Magistrates' Resident Magistrates' Courts Ordinance Amendment Act, 1856 The Resident Magistrates' Ordinance Amendment Act, 1861 The Resident Magistrates' Jurisdiction Extension Act, 1862 ment Act, 1865 ment Act, 1865 The Resident Magistrates' Criminal Jurisdiction Extension and Amend- COURT (SUPREME)- 336 341 349 344 344 346 346 Rules touching the Administration of Estates and Effects of Persons The Supreme Court Judges Act, 1866 The Supreme Court Practice and Procedure Amendment Act, 1866 365 The Supreme Court Act, 1860, Amendment Act, 1866 375 |