Lands Resumption Act 1896 (WA)

Meztent Caucitratta.

ANNO SEXAGESIMO

VICTORIA- REGINA].

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No. XLII,

AN ACT to amend . the Lands Resumption

Act, 1894.

[Assented to, 27th October, ig96.]

Legislative Assembly of Western Australia, in this present Parlia-	BE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and
ment assembled, and by the authority of the same, as follows:—

TI-ITS Act may be cited as the Lands Resumption Act, 1896, and shall be read with the Lands Resumption Act, 1894, hereinafter	Short title.
called the Principal Act.

1.

IMMEDIATELY after the publication in the Government Gazette of the order for the taking of lands mentioned in the sixth

Commissioner of

Crown Lands to serve

copy of order of

section of the Principal Act, the Commissioner of Crown Lands

resumption on

(hereinafter called the Commissioner) shall serve a copy of such

occupier and owner.

order on such of the following persons whose names and addresses he knows or is able to ascertain, to wit, on every occupier, and on every owner of such lands or any part thereof, or to the agent appointed under power of attorney for such occupier or owner.

2.

60° VICTORLE No. 42.

Lands Resumption Act—Amendment.

Limit of time for 3. THE time limited for sending in, a claim for compensation

sending in claim for in respect of the resumption of land shall be as follows:

eomponsation.

For every person on whom the notice in the last preceding section mentioned has been served, sixty clays from the day of such service ;

For every person on whom such notice has not been served, four months from the clay of the publication of the order in the Government Gazette.

But in either case the claim may be sent in after the lapse of the time limited, if the Commissioner has not appointed the arbitrator as hereinafter provided.

4.      IT shall be sufficient if such claim is accompanied by an

palsied by abstract ofClaim may be (teem- abstract of the claimant's title, instead of the deeds and documents

title,to beafterwards required by the sixteenth section of the Railways Act, 1878,

verified, provided the same be verified by the production of documentary or

other evidence at any appointment for that purpose whereof a week's notice is given by the Commissioner, or at any adjournment thereof within four weeks from such notice, and such documentary evidence is left in the hands of the Commissioner if required.

5.     IF within the time hereinbefore limited for sending in a

If claim not sent in claim, any occupier or owner fails to send in a claim, thewithin time limited, Commissioner may Commissioner may appoint a sole arbitrator, who shall act as if trator.appoint sole arbi- jointly appointed by such occupier or owner and by the Com-

missioner.

6.      IF the Commissioner makes an offer to a claimant in accord-

Time for sending

notice in Form E

ance with the sixteenth section of the Railways Act, 1878, the time

limited to a month,

within which the claimant may give notice according to the Form E

and in default Com-

missioner's offer

in the seventeenth section of the same Act mentioned shall be

deemed accepted.

limited to one month, and if no such notice is given the claimant

shall be deemed to have accepted such offer.

Claimant to appoint

7.      IF the claimant gives the notice in the last preceding section

arbitrator 14 days	mentioned, lie shall within fourteen days thereafter appoint an
after giving notice in	arbitrator, in writing, according to the Form G in the seventeenth
Form E, otherwise
Commissioner may	section of the Railways Act, 1878, mentioned, and shall forthwith
appoint sole arbi-
trator.	give notice thereof to the Commissioner ; and, in default of such appointment and notice, the Commissioner may appoint a sole arbitrator who shall act as if jointly appointed by the claimant and by the Commissioner.

8. THE Crown being entitled to the rents and profits of the

paid with 6 per cent.Compensation to be land from the day when it is taken, there shall be added to the

interest from day of compensation paid interest on the amount thereof at the rate of six

taking.

60° VICTORI2E, No. 42.

Lands Resumption Act—Amendment.

per cent. per annum, calculated from the day when the lands were

taken to the day on which compensation is paid.

9. ALL notices and other documents the service or delivery

of which is required by this Act, or is found necessary or desirable Definition of service

of notices. &c.

in carrying out this Act, shall be deemed to be served on or delivered

to the person to whom the same are addressed

By delivering the same personally to him, or by leaving the

same at the office of, or delivering the same to, any solicitor

acting for him in the matter of a claim for compensation ; or

By leaving the same for him at his usual or last known place

of abode or business ; or

By posting the same in a registered letter properly addressed

to him at his last known place of abode or business ;

And, in the latter case, shall be presumed to .be served on or delivered to him at the time when, by the ordinary course of post, the same would be delivered.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

By Authority : RICHARD PETHER, Government Printer, Perth.