Section 17, An Act to amend the Crown Lands Ordinance, 1960

In all cases in which any land has been appropriated, takenor entered upon under the provisions of this Ordinance, or has been injuriously affected by the exercise of any of a the powers granted by this Ordinance, if within twenty-one days after the publication of the warrant in the Gazette that such land shall be acquired for the service of the Colony as hereinbefore provided, no claim shall have been lodged with the Director of Surveys and Lands in respect of such lands, or if the person who may have lodged any claim and the Governor shall not have agreed as to the amount of compensation to be paid for the interest of any such person, or if any such person shall not have given satisfactory evidence of his alleged interest, or if separate and conflicting claims are made in respect of the same land, the amount of compensation due, if any, and every such disputed interest or title shall be settled in accordance with the following provisions– (a) Application may be made by motion ex parte– (1) By or on behalf of the Attorney General, or (2) In the event of the Attorney General making no such application within eight days after the registration of the Plan of any land, and of the certificate of the Director of Surveys and lands that such land has been set out, appropriated and taken for the service of the Colony in the Office of the Registrar General, either by, or on behalf of, the Attorney General, or of any person or persons claiming to be the owner, occupier, or to be otherwise interested in any such land, to the Chief Justice, who shall have jurisdiction to hear and determine in all such cases as aforesaid. (b) The Attorney General, or other person or persons applying to the Court as last aforesaid, shall cause the records in the Registrar General’s Office to be searched in order to ascertain whether or not there are or are not any mortgages or other charges affecting any of such land, or any part thereof, and in the event of there being any mortgage or other charge, affecting any such land or any part therof, shall produce at the hearing of any such application a report of all such mortgages or charges, the nature, the persons interested thereunder or affected thereby, and the Court shall thereupon direct that the value of the land so appropriated be ascertained, that the amount of compensation which ought to be paid to the several persons interested therein be determined, what notices shall be given or served to enable all persons interested to protect their rights, and the manner in which such notices shall be given or served, and shall further appoint the Compensation to be allowed. Agreed compensation. Cases of disputed compensation, 1206 (Cap. 116 Public Lands Public Lands (Cap. 116 1207 time and the place at which he will sit to hear and determine the matter, and the Master of the Court shall cause public notice of the time and place so appointed to be published in the Gazette. (c) The Court shall, after hearing evidence in that behalf, assess the amount of compensation to be paid by the Government to the owner of the land the subject of the application, and to all persons having any just right, title or interest in respect of the said land or any portion thereof, and whenever it shall appear that any such land is owned, either wholly or in part by, or that the occupier or any person injuriously affected as aforesaid is an infant, lunatic, or a person who is absent from the Colony, it shall be lawful for the Court to appoint a guardian or curator to protect the interest of any such infant, lunatic, or absentee, and every such guardian or curator shall be subject to the control and direction of the Court. (d) On the day appointed for the hearing- (1) The Attorney General, or any person on his behalf, and every person interested in the land the subject matter of the said application, may appear before the Court and may tender such evidence as may be relevant in support of their alleged rights and the value thereof, and may cross-examine any witness produced in any adverse interest, and may produce any adverse testimony; (2) The Attorney general, or any person on his behalf, or any person interested as aforesaid, may summon any witness who may be required. (e) When the owner, or any person claiming to be the owner, of such land, or to possess or represent the possessor of any interest therein, shall not appear at the time appointed for the hearing, a decision may be given ex parte upon hearing the evidence adduced by the Attorney General, or any person on his behalf, and such decision shall be as effectual as if given after hearing and in the presence of all parties. (f) The written report of the Director of Surveys and Lands, or any surveyor or engineer nominated by him, as to the value of such land, shall be evidence thereof, but shall not exclude any other evidence of such value. Such report may be proved by a copy thereof under the hand of the Director of Surveys and Lands, or of any such surveyor engineer as last aforesaid, as the case may be, but any of them may be called to give evidence by any party having interest. Proof of the signature of such copy shall not be required, unless the Court sees reason to doubt the genuineness thereof. (g) Compensation shall not be awarded to any party in respect of unoccupied land. Any land shall be deemed to be unoccupied where it is proved that beneficial use thereof for cultivation or inhabitation, or for collecting or storing water, or for any industrial purposes, has not been made for twelve years next prior the date of which such land has been set out, appropriated and taken for the service of the Colony under the provisions of this Ordinance. 1208 (Cap. 116 Public Lands Public Lands (Cap. 116 1209