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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Roads And Survey

page 12

Roads And Survey.

63.Sections 61 and 66 of the Act repealed. Sections sixty-one and sixty-six of the Act are hereby repealed.
64.No survey to be made without authority of Surveyor-General. Except as hereinafter provided, no subdivisional or other survey of land within the meaning of the Act shall be made without the authority of the Surveyor-General first obtained: Provided that the Court or a Judge may authorise such surveys to be made for the information of the Court, in dealing with any matter before it, as may in the opinion of such Court or Judge be necessary or expedient.
65.Land vested in Surveyor-General in satisfaction of survey charges to become Crown land. Where under the provisions of section sixty-five of the Act a defined portion of land has been vested in the Surveyor-General in satisfaction of survey charges due to the Crown, such land shall on notification to that effect in the Gazette become Crown land within the meaning of "The Land Act, 1892."
66.Unsatisfied charging-orders may be exchanged for orders under section 65. Any unsatisfied charging-order made prior to the passing of the Act in respect of the costs of any survey may be surrendered by the person entitled to the benefit thereof, and an order under section sixty-five of the Act substituted.
67.Interest on cost of surveys may be allowed by the Court. In any order under section sixty-five the Court may include in the cost of survey interest at the rate of five per centum per annum from the date of the approval of the survey by the Chief Surveyor: Provided that no interest shall be allowed for more than five years in the aggregate.
68.Mortgagee entitled to repayment of fees paid by him for purpose of completing security. Any person entitled to the benefit of a charge by way of mortgage under section sixty-five of the Act, who shall for the purpose of completing his title thereto pay any fees due in respect of the land the subject of such charge, shall be entitled to add the amount so paid to the amount due and recoverable by virtue of such charge as if such amount had been originally included therein. The receipt of the officer entitled to receive such fees indorsed on such charge shall be sufficient evidence that such payment has been made, and that the same was due as aforesaid.
69.Repeal of part of sections 70, 71, and 72 of the Act. So much of sections seventy, seventy-one, and seventy-two of the Act as is inconsistent with sections ninety-one to ninety-five, inclusive, of "The Public Works Act, 1894," is hereby repealed.