Public Works. satisfaction or part satisfaction of the compensation claimed by such person: Provided that no such agreement shall be valid until notice of the assent of the Minister thereto shall have been duly gazetted. 79. WHERE the amount of compensation to be paid to any claimant is determined by the Compensation Court, the respondent easements in lieu of Court may award may offer, and the Court may award to the claimant, in satisfaction compensation. or part satisfaction of the compensation claimed, any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land taken or reserved for the purpose of any public work; and the Compensation Court may, by its award, declare which (if any) of such easements, rights, privileges, or concessions so offered shall be granted to the claimant in satisfaction. or part satisfaction, or mitigation of his claim to compensation. Governor may grant 80. THE Governor may, with the consent of the claimant, in payment or satisfaction, or in part payment or satisfaction, surplus land in lieu for any land which is taken, purchased, or acquired, grant of compensation. to the person or persons from whom such land has been taken, purchased, or acquired, any Crown land or any land reserved or taken for the use, convenience, or enjoyment of the said public work, but which is not required for such public work: Provided that, before such land is conveyed or transferred, the Minister shall certify that the land has been valued by a competent person, and that the total value, with money compensation (if any), does not amount to more than the sum which would probably have to be paid by the Government for the land taken and the damage done if compensation for same were made wholly in money in the usual way. 81. Act shall,(1.) If payable by the Minister, be paid out of moneys appropriated by Parliament for the works in respect of which the claim for compensation arises; MONEYS payable as compensation or as costs under this (2.) If payable by a local authority, be paid out of the fund of but neither the Minister nor any member of a local authority shall PART IV.-SURVEYS. Out of what funds compensation to be paid. Powers of entry on 82. (1.) FOR all the purposes of this Act the Minister, the Minister for Lands, or any local authority, or any person authorised lands, etc., for sureither specially or generally by any such person or authority— (a.) vey purposes. ing survey marks, etc. Public Works. (a.) May enter and re-enter from time to time upon any land, with such assistants as he thinks fit, for the purpose of making any survey; (b.) May affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and the same from time to time alter, remove, inspect, reinstate, and repair: (c.) May dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon. (d.) May do all things necessary for such survey in accordance with any regulations for the time being, or for any inspection, repair, or alteration thereof. (2.) When practicable, forty-eight hours' notice shall be given to the owner or occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered on such land shall, if required by such owner or occupier, be produced and shown. 83. EVERY person who, without due authority, destroys, mutiPenalty for destroy- lates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any surveyor, or other person under the authority of the last preceding section, shall be liable, on summary conviction, for the first offence to a penalty not exceeding Twenty pounds, and for any subsequent offence to a penalty not exceeding One hundred pounds; and every person who wilfully obstructs any such surveyor or other person or his assistants in carrying on such survey shall, for every such offence, be liable to a penalty not exceeding Fifty pounds. Definition of road PART V. ROADS, RIVERS, AND BRIDGES. 84. THROUGHOUT this Act, the word "road" means a for purposes of Act. public highway, whether carriage-way, bridle-path, or footpath, and unless repugnant to the context, includes all roads which have been or may hereafter be set apart, defined, proclaimed, or declared roads under any law or authority for the time being in force, and all bridges, culverts, drains, ferries, fords, gates, buildings, and other things thereto belonging, upon, and within the limits of the road, and includes arable soil of every road. Roads vested in the 85. THE soil of all roads is hereby declared to be and is hereby vested in His Majesty, including, in the case of Government roads, all materials and things of which such roads are composed, or which are capable of being used for the purpose thereof, and are placed or laid upon any such roads. 86. Public Works 86. (1.) THE Minister may construct or repair any road within any part of the State, but such road shall not. by reason of such construction or repair, become a Government road if at the time of such construction or repair it is within the limits of a municipality or road board district. (2.) The Governor may, by Order in Council duly gazetted, Governor may dedeclare that any road or part thereof shall be, or cease to be, a clare Government Government road, and such road or part thereof shall become or, as roads. the case may be, shall cease to be a Government road accordingly. (3.) The Governor may in like manner declare that any Government road or any part thereof shall be under the control of any municipal council or road board, and thereupon such road or part thereof shall cease to be a Government road. (4.) The powers hereby conferred may be exercised from time to time, and any Order in Council made hereunder may be revoked or altered, and any road declared to be a Government road may again be declared to be within the control of a municipal council or road board, and any such road may again be declared to be a Government road, as often as occasion shall require. (5.) For the purpose of making or repairing any Government or other road the Minister shall have all the powers and authorities which, by the Roads Act. 1902, are given to or conferred upon a road board, and shall also have power to close any road pending repairs or in the interests of public safety. 87. (1.) GOVERNMENT roads shall be under the exclusive control and management of the Minister. (2.) In respect of all Government roads, and of all bridges and other public works connected therewith, the Minister may make all such by-laws as any road board may for the time being have power to make in connection with any road within its district, and may impose a penalty not exceeding Twenty pounds for the neglect or breach of any such by-law. 88. IN respect to by-laws made under the last preceding section the following provisions shall apply:- (a.) A copy of the Government Gazette containing any such (b.) A copy of all by-laws having special reference to bridges Government roads under exclusive care of Minister. Effect of by-laws. Special provisions as to heavy traffic. Breach of by-law not to relieve offender. Governor may vest control of any 66 bridge, etc., in local authority. Public Works. (c.) Printed copies of all by-laws having reference to the traffic on roads generally or on any one road in particular shall be on sale to every person applying for the same, at a price of not more than a shilling. 89. FOR the purpose of giving effect to any by-law relating to heavy traffic, the following special provisions shall apply: (a.) Any person authorised in that behalf by the Minister may stop and detain any vehicle or machine which in his opinion infringes any by-law, until the width of the tires, or the weight of such vehicle or machine and the load thereon, or the weight or measurement of the contents thereof, can be ascertained. (b.) Any by-law may prescribe the manner of ascertaining the weight or measurement of such contents, by either weighing the same at any weighbridge or computing the weight or measurement from the cubical or superficial measurement of such contents or otherwise. (c.) For the purpose of such computation such by-law may prescribe what quantity of timber, agricultural produce, mineral, or any material of any description whatever, shall be deemed to be of a specified weight or measurement, and such weight or measurement so computed shall be final and conclusive in any proceedings to recover a penalty for the breach of such by-law. (d.) Any such by-law may also provide for the driver of any vehicle or machine giving such information as to the load or contents thereof, and the quantity, weight, size, or measurement of the same, or doing such acts for the purpose of enabling the same to be ascertained as such authorised person requests. 90. NOTHING in this Act, nor in any by-law made thereunder, shall relieve any person from any penalty, punishment, or action to which he would otherwise be liable in respect of anything done by him in breach of any such by-law; and the Minister may sue any person for any damage done to any road or bridge or other works in contravention of any by-law made under this Act, in addition to recovering the amount of the penalty for the breach of the by-law. bridge," 91. (1.) FOR the purpose of this section, the words " Public Works. bridge, ferry, or ford, and such protection works in connection. therewith as may by any notice under this section be defined to be part of the bridge, ferry, or ford. The Governor may, by notice in the Government Gazette, and in some newspaper circulating in the district, direct that any bridge already constructed or which may hereafter be constructed, and any ferry or ford already established or which may hereafter be established, over or across any river or arm of the sea respectively shall, from and after a date to be fixed in such notice, be under the exclusive care, control, and management of the Minister, or of such local authority as shall be mentioned in that behalf in such notice; and (3.) May by any subsequent notice publicly notified from time to time vary or alter such care, control, and management; and (4) May by such notice as aforesaid fix and determine whether all or any, and if so, what part of the cost, whether incurred or to be incurred, of maintaining, repairing, improving, or reconstructing any such bridge, or of managing or maintaining any such ferry or ford, and the machinery and appliances used therewith, is to be provided and paid by any local authority or local authorities (if more than one), and if so, by what local authority or authorities (if more than one); and (5.) May by any such notice as aforesaid direct how, when, and to whom any such payment is to be made; and every payment so directed to be made shall be made as directed by such notice, and unless so made may be deducted from any subsidies or moneys at any time payable by the Crown to such local authority, and may also be recovered in any Court of competent jurisdiction at the suit of the Minister or local authority, as the case may be, as a debt due to His Majesty or to the local authority to which such payment ought to be made. (6.) In fixing and apportioning the cost of maintaining. repairing, improving, or constructing any such bridge, or of managing or maintaining any such ferry or ford, and the machinery and appliances used therewith, the Governor shall take into account the net revenue (if any) derived from or incident to the use of such bridge, ferry, or ford by the Minister or by the local authority, as the case may be, having the care, control, management, or maintenance thereof. (7.) If any local authority or authorities shall refuse or neglect to maintain, work, improve, or repair any bridge, ferry, or ford (including |