Public Railways Land Resumption Act of 1874 No 13a (NSW)

No. XVIII.

P ublic R ailways

Land Resumption.

A11 Act to authorize for a certain period after Purchase from the Crown the resumption of Land for Public Railway pnriioses. \_rnh June, 1874.]

T ) E it enacted by the Queen’s Most Excellent Majesty by and with

J3 the advice and consent of the Legislative Council and Legis­

lative Assembly of New South lYales in Parliament assembled and by

the authority of the same as follows :—

Crown Lands

alienated &c. after 1. All lands which after the passing of this Act shall be pur­

passing of this Act	chased from the Crown either absolutely or conditionally shall during
to be subject to	a period of five years from the date of the purchase thereof be subject
resumption.	to resumption by the Governor with the advice of the Executive Council for and on behalf of Her Majesty to such extent at such times and in such manner as the said Governor with the like advice may think fit in view of or for any purposes connected with the construction maintenance or extension of Public Railways or Railway Stations.
Compensation for
resumed land how	2. The grantee or conditional purchaser of any land resumed under the authority of this Act or the alienee of such grantee or purchaser or any person possessed of or entitled to such an estate or interest in such land as were the same required for the purposes of the Government Railways Act twenty-second Victoria number nineteen might under the provisions of the said Act be sold and conveyed to the
ascertained.

Commissioner

1874. 37̂ VIC. No. 18. 113

Fublic Hailways Land Metsuniption.

Commissioner for llaihvays for and on l^ehalf of H(!r Majesty shall upon

service of tlie notice of resumption hereinafter mentioned he entitled

.

to he paid in consideration of and as compensation for such resumption by the Colonial Treasurer a sum of money for each acre or portion of an acre of land so resumed equal to the amount of purchase money paid per acre hy the grantee or to tlie amount of deposit per acre paid l3y the conditional purchaser for such land as the case may he together with one hundred per centum on the amount of such purchase money or deposit and in addition thereto the value of any improvements of wliatever value the same may he made and then being upon such land so resnj,ned such value to he ascertained hy appraisement under the provisions of the “ Crown Lands Alienation xict of 1861” Provided always that in the event of such grantee purchaser or other person being under any of the disabilities mentioned in the eighteenth section of the said Government Hailways Act it shall he laAvful for the Colonial Treasurer to pay the amount to which such grantee purchaser or person is entitled under this Act to the persons and in the manner and subject so far as practicable to the provisions mentioned in the said last-mentioned Act And such payment shall he a full and effectual discharge to the said Treasurer in respect of the amount to which such grantee purchaser or person is entitled as aforesaid.

3. 'When any land is intended to he resumed under the au- Kotico and effect of

thority of this Act the Secretary for Lands shall cause a notice in the form in the Schedule hereto to "be served upon the parties interested in or entitled to sell such land in the same manner as nearly as prac­ ticable as notices are reqnircd to he served under the provisions of the twenty-third section of the said Government Hailways Act And upon service delivery or advertisement of such notice in such manner as aforesaid tlie land described therein and the fee simple and inheritance thereof shall thenceforth together with the yearly profits thereof and all the estate and interest of every person therein he vested in Her Majesty her heirs and successors for the purposes of this Act absolutely free from all rights of way easements and other rights Avhatsocver And such land shall thereupon become and be dealt with as Crown lands reserved for public railway purposes.

4. After the passing of this Act no compensation for land Kxpiusion of

resumed under the authority of this Act shall be awarded under the

provisions of the said Goverimient Hailways Act and no claim or	’
remedy of any person in respect of such land shall he allowed or entertained in any Court or hy any person whomsoever otherwise than under the provisions of this Act hut nothing i}i this Act shall affect (otherwise than as herein expressly provided) the provisions of the said Government Hailways Act or any proceeding matter or thing done or commenced thereunder before the passing of this Act.

5. All moneys by tliis Act directed to be paid hv the Colonial

Treasurer shall he paid hy warrant of the Governor upon the Treasury within one month &c.

within one month next after (ho amount of compensation shall have

been determined to the party entitled thereto or to his agent duly

authorized in writing in that behalf but in every case the party

claiming payment under the provisions of this Act in respect of any

land resumed under the authority thereof shall be hound to make out

a title to the said land or to the interest claimed by him therein to the

satisfiiction of the Secretary for Lands.

6 . This Act may Idc cited as the “ Public Hailways Land Short title.

Hesumption Act of 187L” '

SCHEDULE.

114 No. 19. 37“ VIC. 1784.

Companies.

SCHEDULE.

Notice o f Besumption under the “ Public Bailways Land Bemmption Act o f 1874.”

Dated the

T h e land hereunder described has been resumed for the purposes of the “ Public Kaihvajs

Land Eesumption Act of 1874.”

(Signed)

Secretary for Lands.

Description of Land resumed.