Hammond Fencing-Claims Compensation Act 1887 No 9 (as at 03 September 2007), Local Act

Hammond Fencing-Claims Compensation Act 1887

Local Act1887 No 9
Date of assent23 November 1887

An Act to provide for the Maintenance of Railway Fences on the Lands of Richard Hammond which were taken under The Public Works Act 1882.

  • Preamble

    WHEREAS at a sitting of a Compensation Court held at Wanganui on the twenty-second day of October, one thousand eight hundred and eighty-six, under the provisions of The Public Works Act 1882, wherein Richard Hammond was claimant, and the Minister for Public Works was respondent, the said Compensation Court, inter alia, awarded as follows, that is to say,—

    That, as compensation for the cost of maintaining the fences erected on each side of the railway-line where the same is taken through the freehold land of the claimant, the sum of four hundred and forty-six dollars be allowed to the claimant, and the sum of sixteen dollars and twenty-seven and a half cents for the like cost in respect of such fences where the line is taken through the leasehold land of the claimant, subject, however to the following proviso (to which proviso the claimant has expressly assented), that is to say, that the said sums of four hundred and forty-six dollars and sixteen dollars and tweny-seven and a half cents be paid into the Public Trust Office under the provisions of section sixty-four of The Public Works Act 1882, and that, if within twelve calendar months from the first day of November, one thousand eight hundred and eighty-six, the Crown shall, by virtue of any Act passed by the General Assembly of New Zealand, be placed under obligation to maintain fences for ever thereafter on each side of the said railway-line where it passes through the claimant's land, as good as those now erected on each side of the said line, then and on the passing of any such Act as aforesaid the said sums of four hundred and forty-six dollars and sixteen dollars twenty-seven and a half cents respectively shall be paid to the Minister for Public Works for the time being by the Public Trustee. Should no such Act as aforesaid be passed within the said period of twelve months, then at the expiration of that period the said sums shall be paid to the claimant:

    And whereas owing to the short duration of the session of the General Assembly, held in the early part of the present year, no such Act as aforesaid was passed within the time limited by the said Compensation Court, and such time has now expired, and it is expedient, notwithstanding, that provision should be forthwith made for maintaining the said fences by Her Majesty:

    The references to four hundred and fourty-six dollars, and sixteen dollars twenty-seven and one half cents were substituted, as from 10 July 1967, for references to two hundred and twenty-three pounds, and eight pounds two shillings and ninepence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—