19

Public Works.

A.—sc

same, or by any executor or administrator ; and any such claim on behalf of cestuis que trustent, wards, lunatics, or idiots may be made by their trustees, guardians, or committees respectively. 39. In the case of any person being an infant, lunatic, or idiot, 5 or cestui que trust, not having a guardian, committee, or trustee within the colony, the Public Trustee shall, for the purposes of this Act, be deemed to be the legal guardian, committee, or trustee of such person. 40. A claim for compensation for lands taken out of any Native reserve may be made by the Public Trustee on behalf of those interested 10 in such reserve. 41. (1.) Upon the application of the Minister to the Judge of the Supreme Court, accompanied by an offer of the amount of compensation in the matter, and upon such proof as is satisfactory to such Judge that any person who has any right or title to prefer a claim for 15 compensation is absent from the colony, or is not known, or has no known agent in the colony, such Judge shall direct such claim to be heard by a Compensation Court under this Act, and shall appoint an Assessor to act in such Court on behalf of such person. (2.) Thereupon such Court may proceed in the examination of such 20 claim as in ordinary cases where the claimant is present. (3.) In every such case the Public Trustee shall represent the claimant, and may act in his behalf in all matters incident to the claim or the hearing thereof ; and the moneys payable as compensation shall be paid into the Public Trust Office, and shall there remain subject to the pro--25 visions of section seventy-eight hereof. 42. Any person so claiming compensation is hereinafter called " the claimant" ; and the Minister in the case of Government works, and the local authority in the case of local works, is hereinafter called " the respondent." 30 43. (1.) In order to obtain compensation the claimant shall serve upon the respondent a claim in writing, in one of the forms in the Third Schedule hereto, stating— (a.) The several areas and descriptions of the lands taken or injuriously affected in respect of which he makes his claim, 35 and the nature and particulars of his interest therein ; and if he claim as owner, and the land is encumbered, leased, or subject to any easement, he shall give particulars of such encumbrance, lease, or easement: (b.) Each matter on account of which he claims compensation, with 40 full particulars of the nature and extent of the claim : (c.) The amount which he claims respectively for land taken or for land injuriously affected, giving in both cases the amount for each item of such claim separately : (d.) The total amount claimed : 45 (e.) His full Christian name and surname, together with his address, which address shall be deemed to be the last known place of abode or business of the claimant within the meaning of section three hereof, unless and until special notice in writing of a change of address is delivered to the respondent. 50 (2.) Such claim shall be served, in the case of the Minister, by being delivered at the Public Works Office at Wellington or by being sent by registered letter addressed to the Minister at such office, and,

Public Trustee to be guardian, &c, in certain cases. 1894, No. 42, sec. 38

Public Trustee may claim in respect of Native reserves. Ibid, sec. 39 Procedure in unrepresented absentee claims. Ibid, sec. 40

Claimant and respondent. Ibid, sec. 41

Particulars to be inserted in claim for compensation. Ibid, sec. 42

Place where claim to be lodged.