91. | Notwithstanding anything in the foregoing provisions of this Part of this Act,—
(1.) | A road may be taken and laid off under the provisions of the next following section in the manner heretofore in use for the taking and laying-off of roads under the like provisions contained in "The Native Land Court Act, 1886." |
(2.) | No compensation shall be payable in respect of any land taken for a road under the provisions of the three next following sections, or in respect of any land taken for a railway over which there is at the time of the taking thereof an existing right in the Governor, under the provisions of the three next following sections, to take the same or a greater quantity of land for a road or roads, or in respect of any Native land taken for a road or railway, of which the ownership had not, at the time of the taking thereof, been determined by the Native Land Court, where the area taken does not, in the opinion of the Native Land Court, exceed the quantity which the Governor would have had a right to take under the next following section out of the land of which it forms a part, had the ownership thereof been so determined. |
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92. |
(1). | From and out of any land which has been or may be granted under the provisions of any Act repealed by "The Native Land Act, 1873," or by "The Native Land Court Act, 1886," or which has been or shall be granted, or has or shall become the subject of Land Transfer certificate under the provisions of "The Native Laud Court Act, 1886," or any Act passed in amendment thereof or substitution therefor, or which is owned by Natives under Native Land Court certificate of title, or under memorial of ownership, it shall be lawful for the Governor, at any time hereafter, to take and page 5lay off for public purposes one or more line or lines of road through the said land: Provided that the total quantity of land which may be taken, inclusive of any already taken, for such line or lines of road shall not exceed one-twentieth part of the whole. |
(2.) | The Governor may at any time, by indorsement on the Grown grant, or on a subsequent or other instrument of title, or by deed, release the land the subject of such right therefrom, or from any part thereof. |
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93. | But there shall not be taken under the authority of the last-preceding section any land occupied by any pa, village, or cultivation, or any buildings, gardens, orchards, plantations, or any burial or ornamental grounds, without the previous consent of the Governor in Council. |
94. | The powers given by section ninety-two as to public roads shall cease,—
(a.) | As to land the subject of a grant or certificate issued under "The Native Land Court Act, 1886," or any Act passed in amendment thereof or substitution therefor, at the end of fifteen years from the date of such grant or certificate; |
(b.) | As to grants issued under any Act repealed by "The Native Land Court Act, 1886," at the time when such power would have ceased under such repealed Act. |
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95. |
(1.) | Whenever any lines of road are surveyed and laid off on or over any Native land, under the direction of the Surveyor-General, the site of such road shall be deemed to be a road dedicated to the public, and shall vest in Her Majesty. |
(2.) | When any road is laid off along the boundary between land owned by Natives and land owned by Europeans, such road shall be taken equally from both such lands where practicable. |
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