Division. 2.-Determination of Amount of Compensation. 15. If within ninety days after the Minister has notified the Compensation claimant that his right to any compensation is disputed, or if, within High Court. ninety days after the service of notice of claim, the claimant and see No. 26, 1900 the Minister do not agree as to the amount of compensation, the (N.S.W.) s. 97. claimant may institute proceedings in the High Court in the form of an action for compensation against the Commonwealth: Provided that with the consent in writing of the Attorney-General and the claimant any such action may be so instituted at any time (to be mentioned in such consent) before the expiration of ninety days from service of the notice of the claim for compensation, but not within fourteen days from service of the notice of valuation on such claimant. determine 16. Every such action shall be tried by a Justice sitting without Justice to a jury and such Justice in determining the amount of compensation compensation. shall not be bound in any way by the amount of the valuation notified b. (N.S.W.) to the claimant. 17. (1.) Unless the Justice otherwise orders, if the judgment in any such action is for a sum equal to or less than the amount of the valuation notified to the claimant, the claimant shall pay the costs of the action, but if for a greater sum or if for any sum where the right to any compensation is disputed the Commonwealth shall pay such costs. (2.) If the judgment or award is for a sum one-third less than the amount of the valuation, the claimant shall pay the costs of the action. s. 117. Costs. Ib. (N.S. W.)s. 99. (3.) The Justice before whom the action is tried shall in no case No arbitration. have power to direct a reference to arbitration, except by consent of the parties. (4.) Either party to the action may move for a new trial or to set aside the finding in accordance with the practice of the High Court. Appeal. 18.-(1.) Where the valuation of the land, or of the estate or Arbitration in interest of the claimant therein, together with the valuation of the certain cases. damage, if any, in respect of which a claim is made, does not exceed one thousand pounds, the compensation shall, if the claimant so desires, be settled by arbitration. (2.) Unless the claimant and the Minister concur in the appointment of a single arbitrator, who shall be either a District or County Court Judge, or a Police, Stipendiary or Special Magistrate, the reference shall be made to two arbitrators, one to be appointed by the claimant and one by the Minister. (3.) For the purpose of carrying this section into effect, the laws relating to arbitration in force in the State in which the land is situated shall be applied as nearly as practicable. (4.) The costs of and incident to the arbitration as settled by the arbitrators shall be borne by the Minister, unless the sum awarded by the arbitrators is the same or a less sum than was offered by the Minister, in which case each party shall bear his own costs incidental Payment of compensation. No. 26, 1900 to the arbitration, and the costs of the arbitrators shall be borne by the parties in equal proportions; but if the sum awarded is one-third less than the amount claimed, the whole costs of and incidental to the arbitration and award shall be borne by the claimant. 19. (1.) In estimating the compensation to be paid, regard shall in every case be had, by the valuators or the Justice, not only to the value of the land taken, but also to the damage (if any) caused (a) by the severing of the land taken from other land of the claimant; or (b) by the exercise of any statutory powers by the Minister otherwise injuriously affecting such other land; and they shall assess the same according to what they find to have been the value of the land, estate, or interest of the claimant on the first day of January last preceding the date of acquisition, but without reference to any alteration in such value arising from the proposal to carry out the public purpose for which the land is taken. Provided that where land is taken for the purpose of any work or undertaking the construction or carrying out whereof has been specially authorized by an Act, the land, estate, or interest of the claimant shall not be assessed at a value exceeding the value thereof on the first day of January last preceding the first day of the session of Parliament in which the Act was passed. Provided also that the valuators or the Justice in estimating such compensation shall take into consideration by way of set-off or abatement any enhancement in the value of the interest of the claimant in any land adjoining the land taken, or severed therefrom, by the carrying out of the public purpose for which the land is taken. But in no case shall this proviso operate so as to require any payment to be made by the claimant in consideration of such enhancement of value. (2.) In ascertaining, for the purposes of this section, what land adjoins or is severed from the land, taken, no account shall be taken of the intersection of any such land by any roads. Division 3.-Payment of Compensation. 20.-(1.) In all cases where compensation is awarded or costs are adjudged to be paid by the Commonwealth, the amount thereof shall be paid to the party entitled thereto, or to his agent duly No. 1109 (Vict.) authorized in that behalf, within one month after such amount has been determined. (N.S. W.) s. 119. 8. 37. Provided that the party claiming payment shall first be bound to make out, to the satisfaction of the Attorney-General, a title to the land or interest in land in respect of which he claims. (2.) Such compensation shall bear interest at the rate of three per cent. per annum from the date of the acquisition of the land until payment of the same is made by the Commonwealth to the claimant or until the same is deposited in the Treasury as hereinafter mentioned. 21. The purchase money or compensation payable for or in respect of any land acquired under this Act, or for any estate or interest therein, may be paid to the person who under this Act is empowered to sell and convey the same, or to the agent of such person duly authorized in that behalf. 22. Such purchase money or compensation, when paid to any tenant in tail or for life, guardian, committee of a lunatic or idiot, executor, or administrator, or person having partial or qualified interest only, and not entitled to sell or convey except under the provisions of this Act, shall be applied by such person in some one or more of the following manners :— (a) in the discharge of any debt or encumbrance affecting the (b) in the purchase of other land, or of Government debentures or (c) if such money has been paid in respect of any buildings taken under the authority of this Act, or injuriously affected by the carrying out of the public purpose—in removing or replacing such buildings or substituting others in their stead; or (d) in such manner as the High Court or a Justice thereof directs; or (e) in payment to any party becoming absolutely entitled to such money. Purchase money or compensation may be paid to empowered to convey. No. 1109 (Vict.) 8. 38. Application of purchase money b. s. 39. or compensation. See No. 26, 1900 (N.S. W.) s. 47. 23. If the owner of any land purchased or taken under the Purchase money anthority of this Act, or of any interest therein, (a) refuses or neglects to accept the purchase money or compensation agreed or awarded to be paid in respect thereof; or (b) refuses, neglects or fails to make out a title to such land refuses or neglects to convey such land as directed by the (d) is absent from the Commonwealth, or cannot after diligent the Attorney-General may, if he thinks fit, deposit the purchase money or compensation payable in respect of such land or any interest therein in the hands of the Treasurer, to be deposited to his account to the credit of the parties interested in such land (describing them so far as he can). or compensation may in certain cases be paid to the Treasurer. No. 26, 1900 No. 1109 (Vict.) s. 40. Treasurer to pay out money and invest same. 8 Vict. c. 18 s. 70. No. 1109 (Vict.) 8. 41. See No. 26, 1900 (N.S. W.) s. 55. Court or Justice may dispose of money paid or deposited. 24. (1.) The Treasurer shall, unless and until an order of the High Court or of a Justice thereof has been made under the next succeeding section relative to such money, pay out any money so deposited to such person as the Attorney-General directs. (2.) Until such order or payment, the Treasurer may, if he thinks fit, invest such money in the purchase of Government debentures or stock of the Commonwealth or of a State; and the interest upon such debentures or stock shall be accumulated for the benefit of the parties ultimately entitled to the money invested therein. (3.) If such money has not been so invested, the parties entitled shall receive whatever interest may have accrued thereon. 25. Upon the application, in such manner as may be prescribed by rules of Court, of any party making claim to any money paid or deposited under this Act, or to any land in respect whereof the same 8 Vict. c. 18 s. 78. has been so paid or deposited, or to any interest in such land, the High Court or a Justice thereof may in a summary way 8. 42. Costs. 8 Vict. c. 18 s. 80. No. 1109 (Vict.) S. 43. Party in possession to be deemed the (a) order such money or any part thereof to be applied in any one or more of the manners herein before specified; and (b) order distribution thereof or payment of the dividends or interest thereof according to the respective estates, titles, or interests of the parties making claim to such land; and may make such other order in the premises as seems fit, so that in every case such money shall be applied or paid in such manner as the Court or Justice may consider will give to the parties interested therein the same benefit as they would have had from the land, estate, or interest in respect of which such money has been paid or deposited or as near thereto as may be. 26. The costs of and incident to any such application or in respect of any such investment shall be in the discretion of the Court or Justice. 27. If any question arises respecting the title to the land in respect whereof such money was so paid or deposited, the parties in possession of such land, as being the owners thereof, or in receipt of 8 Vict. c. 188. 79. the rents of such land, as being entitled thereto at the time of owner. No. 26, 1900 Claimants to produce title. No. 1109 (Vict.) 8. 44. such land being purchased or taken, upon making out a primâ facie title shall be deemed to have been entitled to such land, until the contrary is shown to the satisfaction of the Court or Justice; and unless, upon such inquiry as the Court or Justice thinks fit to direct, the contrary is so shown, the parties so in possession and all parties claiming under them or consistently with their possession shall thereupon be deemed entitled to the money so deposited and to the dividends or interest of the securities purchased therewith, and the same shall be paid and applied accordingly. 28. All persons claiming any purchase money or compensation shall, at their own expense, when required, produce to the AttorneyGeneral all deeds and documents relating to or evidencing their title to the land in respect of which such purchase money or compensation is payable, and particulars as to any damage claimed by them. a good discharge 29. All payments and deposits made by the Attorney-General Payments to be by virtue of this Act shall be good and valid discharges to the No. 26, 1900 Attorney-General, who shall not be bound to see to the application of any money so paid or deposited, or to see to the performance of any trusts. PART IV.-MORTGAGES, CHARGES, AND LEASES. Division 1.-Mortgages. 30.-(1.) The Commonwealth may purchase or redeem the interest of the mortgagee of any land required for the purposes of this Act; and that whether the Commonwealth has previously purchased or acquired the equity of redemption of such land or not; and whether the mortgagee is entitled thereto in his own right or in trust for any other party, and whether he is in possession of such land by virtue of such mortgage or not; and whether such mortgage affects such land solely or jointly with any other land not required for the purposes of this Act. (N.S.W.) s. 52. No. 1109 (Vict.) S. 45. (2.) În order thereto, the Attorney-General may pay or tender to Procedure. such mortgagee the principal and interest secured by such mortgage, together with his costs and charges, if any, and also six months' additional interest; and thereupon such mortgagee shall immediately convey his interest in the land comprised in such mortgage to the Commonwealth or as the Attorney-General directs. (3.) The Attorney-General may give notice in writing to such Notice. mortgagee that he will pay off the principal and interest on such mortgage at the end of six months, computed from the day of giving such notice; and if he has given any such notice, or if the party entitled to the equity of redemption of any such land has given 'six months' notice of his intention to redeem the same, then, at the expiration of either of such notices, or at any intermediate period, upon tender by the Attorney-General to the mortgagee of the principal money due on such mortgage and the interest which would become due at the end of six months from the time of giving either of such notices, together with his costs and expenses, if any, such mortgagee shall convey his interest in the land comprised in such mortgage to the Commonwealth, or as the Attorney-General directs. 31. If, in either of the cases aforesaid, upon such tender, any mortgagee fails to convey his interest in such mortgage as directed by the Attorney-General, or fails to adduce a good title thereto to the satisfaction of the Attorney-General, then the Attorney-General may pay into the hands of the Treasurer, to be dealt with by him in the manner provided by this Act in the cases of moneys required to be paid to the Treasurer, the principal and interest, together with the costs, if any, due on such mortgage; and if such payment is made before the expiration of six months' notice as aforesaid, such further interest as would at the time become due; and the AttorneyGeneral may also, if he thinks fit, execute a deed poll, containing a description of the land in respect whereof such deposit was made, and describing the circumstances under which and the names of the 8 Deposit of mortgage money on Vict. c. 18 8.109. No. 26, 1900 (N.S.W.) s. 60. No. 1109 (Vict.) refusal to accept. 8. 52. |