Lands for Military Defence Act 1854 No 10a (NSW)

No. X.

An Act to authorize the resumption or occupa­ tion and use of any Lands required for purposes of Military Defence and to make Compensation to the Owners thereof. [4th

August, 1854.]

WH E R E A S it is expedient t h a t t he Governor of N e w South Wales should be author ized to r e sume pe rmanen t ly and t h a t t h e

mi l i ta ry author i t ies of t h e Colony should have t h e power of occupying

a n d us ing t empora r i ly as t h e case m a y requ i re any lands which it shal l be considered impor t an t to t h e publ ic service to t ake for t he erect ion of fortifications or for any o ther p e r m a n e n t or any t empora ry purpose of mi l i t a ry defence A n d whereas i t is p roper t h a t compensa­ t ion should be awarded and paid to t h e owners of such lands for such r e sumpt ion occupat ion t a k i n g or use thereof and for any damage the re to Be it therefore enac ted by H i s Excel lency t h e Governor of N e w South Wales by and wi th advice and consent of t h e Legis la t ive Council thereof as follows :—

I t shal l be lawful for t he Governor in t he n a m e and on behalf

of H e r Majesty to r e sume a n d t ake in to H e r Majes ty ' s hands or to cause to be occupied and used t empora r i ly any piece of land requ i red for t h e erect ion of fortifications the reon or for any o ther purpose connected wi th t h e defence of t he Colony agains t invasion or hosti le or p reda tory a t t a ck and to t r ea t and agree wi th t h e owner thereof

or any person hav ing any in teres t there in for t h e su r render

thereof to t he Crown or for t h e possession or use thereof d u r i n g

such t ime as t h e exigence of t h e publ ic service shal l r equ i r e A n d in case t h e owner of any such l and or any person hav ing any in teres t t he re in shall refuse or decl ine to enter in to such cont rac t t o u c h i n g t h e same as shall be satisfactory to t he said Governor or shall be unab le to do so by reason of infancy cover tu re or or o ther disability or cannot be found or t rea ted w i t h as expedit iously as t he exigence of t h e publ ic service shall r equ i re i t shal l be lawful for t h e Governor to notify in t h e Government Gazette t h a t such piece of l and has been resumed or is t o be t emporar i ly occupied or used for purposes of defence and the reupon t h e fee-simple of t h e said l and or t he r i g h t to t h e occupat ion or use thereof according to t he exigence of

t he publ ic service as t h e case m a y be shall immedia te ly vest in H e r

Majesty and t h e a m o u n t of compensat ion to be m a d e for t h e sur render resumpt ion occupat ion or use of such l and to t h e owners and other persons in teres ted there in shal l be de te rmined in t h e Sup reme Cour t by an act ion for damages to be b rough t by t h e c la imant aga ins t t h e Colonial Treasure r or upon a n issue agreed to by t h e c la imant a n d t h e Colonial Treasurer Provided t h a t in all cases in which an act ion shal l be b rough t in t h e Sup reme Cour t in respect of any such claim it shall be lawful for t h e Colonial Treasure r t o p lead in ba r of such act ion any tender which m a y have been m a d e by h i m on pay ing in to Cour t in t h e usua l way according to t he pract ice of t h e Cour t t h e a m o u n t of t h e money tendered or to pay in to Cour t such money as t he Colonial Treasurer shall t h i n k fit and to plead such p a y m e n t in ba r of t he fur ther ma in tenance of such action and whichever pa r ty shall succeed in such act ion or upon such issue as aforesaid shall be ent i t led to costs to be awarded and recovered according to t he pract ice of t he Cour t .

N o . X I .