13

Public Works.

A.—sc

[d.) The Governor may thereupon, if he thinks fit, by Proclamation publicly notified, declare that the said lands, a list whereof shall be contained in or annexed to the Proclamation, are taken for the public work therein mentioned : 5 And, from and after a day to be named in the said Proclamation, the lands therein specified shall, unless otherwise specially provided in this Act or in any special Act, become absolutely vested in fee-simple in His Majesty, or in the local authority, or the corporate body represented by it, as the case may require, discharged from all mortgages, charges, 10 claims, estates, or interests of what kind soever, for the public use named in the said Proclamation. 20. Whenever it shall be made to appear to the satisfaction of the Governor that any local authority has not made provision for the payment of the compensation which would probably be awarded for the 15 land proposed to be taken, the Governor shall not issue the Proclamation taking such land until such time as he is satisfied that the local authority has made provision for the payment of such compensation. 21. Whenever any Crown land is required to be set apart for any public work, the Governor may at any time, by Proclamation duly 20 gazetted, set the same apart for such public work without complying with any of the provisions of this Act in respect to the taking or settingapart of other lands for such purpose, and every such Proclamation shall have the effect of and shall be deemed to be a Proclamation under section nineteen hereof. 25 22. A Proclamation issued under this Act or under any of the compiled Acts or under any Act thereby repealed shall not be held or deemed to have taken or to take effect until such Proclamation was or is gazetted. 23. (1.) In any case where a Proclamation has been issued taking 30' land for any public work, and where, before such Proclamation has been registered by the District Land Registrar under the following section, it is found that such Proclamation incorrectly describes the land purporting to be taken, or that any other error in form or substance exists in or in relation to such Proclamation, or the making or gazetting thereof, 35 the Governor may by a subsequent Proclamation cancel and annul such Proclamation or any part thereof, and such first Proclamation or such part thereof shall, from the date of the subsequent Proclamation, be absolutely void and of none effect as from the date of the same, and shall not be deemed to have vested the land mentioned therein in His 40 Majesty, or in the local authority, or in the corporate body represented by such local authority, or to have discharged such land from any mortgages, charges, claims, estates, or interests of what kind soever existing in respect of such land, anything to the contrary in this or any other Act notwithstanding. 45 (2.) But nothing herein contained shall limit the power of the Governor to take by any subsequent Proclamation the whole or any part of the land mentioned or described in any Proclamation so cancelled in whole or in part. 24. (1.) Except in a case under the following section, the Minister 50 shall cause a copy of every Proclamation taking or setting apart land, and of the map referred to therein, to be deposited without fee in the District Land Registry Office for the district in which such land is.

Proclamation taking land not to issue until Governor is satisfied that compensation has been provided for. 1894, No. 42, sec. 19

Setting apart Crown land for public work. Ibid, sec. 20

Proclamations not to take effect until gazetted. Ibid, sec. 21

Proclamations taking land may be cancelled for error or misdescription. Ibid, sec. 22

Map and Proclamation to be registered. Ibid, sec. 23