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 English Acts Act, 1854 English Acts Act, 1855 English Acts Act, 1856 Page English Laws Act, 1858 An Act to bring into operation within the Colony certain Acts of the The Merchant Shipping Act, 1854, Adoption Act English Acts Act 1860 ADULTERATION OF FOOD- The Adulteration of Food Act 1866 AFFIRMATION- The Affirmations in Lieu of Oaths in Criminal Proceedings Act, 1866 AGENTS (ADVANCES TO)— Advances to Agents Act, 1861 ALIENS- 1123 00 627 4 The Aliens Act, 1866 ANIMALS (PROTECTION OF CERTAIN)— The Protection of Certain Animals Act, 1865 The Protection of Certain Animals Act Amendment Act, 1866 ARMS- 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 Continuance Act, 1861. Arms Act, 1860 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 BANKS AND BANKERS- An Ordinance to authorize the establishment of a Colonial Bank of The Bank Paper Currency Act, 1856 Bankers' Draft Act, 1858. Bankers' Returns Act Amendment Act, 1860 BANKS (SAVINGS)— The Savings Banks Act, 1858 The Savings Banks Act Amendment Act, 1860 BILLS OF EXCHANGE- The Summary Procedure on Bills Act, 1862 The Summary Procedure on Bills Act Amendment Act, 1866 The Bonded Warehouses Duty Act, 1866 BUILDING AND LAND SOCIETIES Samu The Building and Land Societies' Act, 1866 ! 11 CARRIERS- The Carriers Act, 1866 CATTLE (DISEASED)—— The Diseased Cattle Act, 1861 The Diseased Cattle Act Amendment Act, 1865. CENSUS-- The Census Act, 1858 The Census Act Amendment Act, 1860 CIVIL LIST- The Civil List Act, 1863. CIVIL SERVICE- The Civil Service Act, 1866 COMPANIES (BRITISH)— The British Companies Act, 1865. COMPANIES (JOINT STOCK)— The Joint Stock Companies Act, 1860 The Joint Stock Companies Amendment Act, 1862 COMPANIES (MINING)— The Mining Companies Limited Liability Act, 1865 1867 An Ordinance to provide for the establishment and maintenance of a The Provincial Constabulary Act, 1865 Page 151 154 157 157 158 159 167 171 178 184 186 188 189 190 191 191 196 198 210 The Regulation of Elections Act Amendment Act, 1863 The Miners Representation Act Amendment Act, 1865. The Representation Act, 1865 The Representation Act Amendment Act, 1866. The Gold Fields Members Qualification Act, 1866 CONSTITUTION (LEGISLATIVE COUNCIL)— An Ordinance to facilitate the Transfer of Real Property and to simplify 230 An Ordinance to amend an Ordinance to facilitate the Transfer of Real 24! 240 COPYRIGHT— An Ordinance to secure the Copyright of Printed Books to the Authors 248 An Ordinance to provide for the establishment of Resident Magistrates' Resident Magistrates' Courts Ordinance Amendment Act, 1856 336 341 The Resident Magistrates' Court Act, 1858 342 The Resident Magistrates' Ordinance Amendment Act, 1861 344 The Resident Magistrates' Jurisdiction Extension Act, 1862 344 ment Act, 1865 346 The Resident Magistrates' Criminal Jurisdiction Extension and Amend. 346 COURT (SUPREME)— Rules touching the Administration of Estates and Effects of Persons 347 The Supreme Court Judges Act, 1866 365 The Supreme Court Practice and Procedure Amendment Act, 1866 365 375 |