land may be given in compensation in certain cases
42. Whereas it is desirable that private persons should be enabled to receive portions of Waste Land in exchange for private lands taken for roads or for other public purposes. If any person shall be entitled to receive any compensation in respect of any land which shall have been taken for the purposes of a road or of any other public work, or in respect of any damages done to his property by the taking of such land for such purposes, such person shall, upon application to the Waste Lands Board, be entitled to agrant of Rural land in such situation as he shall select, subject to the conditions as to form and frontage in these Regulations contained, to the extent of one acre for every two pounds sterling of the amount of compensation which the applicant shall be entitled to receive in respect of the land taken for such purposes, or in respect of such damage as aforesaid.
This clause was repealed by the "Waste Lands Regulations Amendment Ordinance 1857," Session VII., No. 2, and the following clause substituted for it
43. If any person shall at any time have made and completed at his own private cost any public road or bridge, or any public main drain, or any part of such road, bridge or drain, such person shall, upon application to the Waste Lands Board, be entitted, to a free grant of Rural Land in such situation as he shall select, subject to the conditions as to form and frontage in these Regulations contained, to such an extent as the Board shall adjudge, not exceeding one acre for every four pounds sterling which he shall prove to the satisfaction of the Waste Lands Board that he shall have actually expended in the construction of such road, bridge, or drain
Provided always that it shall be proved to the satisfaction of the Board that the money so expended by the applicant has been beneficially expended for the use and advantage of the public: Provided also that no application for less than twenty acres shall be received under this clause; but that where any
amount of compensation awarded by the Board shall be of a less amount than twenty acres of land, the party entitled may pay the balance in cash upon the same terms as other applicants to purchase Rural Lands under these Regulations.
43. If any person shall contract with the Superintendent
Land may be granted in compensation or payment for work
to make and complete within a given time any public road, bridge, or drain, or any part of any such road, bridge, or drain, furnishing such security as the Superintendent may require for the due completion of such contract, and shall select such portion of Rural Land as he shall be willing to accept by way of payment or compensation, or by way of part payment or compensation for such work, it shall be lawful for the Superintendent to reserve such portion of land from public sale for such given time, but no longer; and such person shall, on the completion of such contract, be entitled to a free grant of such land, or so much thereof as the Board shall adjudge, not exceeding one acre for every two pounds sterling, which the Superintendent shall certify to the Waste Lands Board to be the bona fide
value of the work so done by such person, according to the prices for work and materials at the time of performing such contract current in the district.
Every such reservation of land from public sale
Reservation of land for compensation to be Gazetted
shall be published in the Government Gazette
of the Province, as directed in clause 19 of these Regulations.
No such reservation shall continue in force for a
Reservation to be in force only twelve months
longer period than twelve calendar months from the date on which it shall have been made.
No land included in a Pasturage License with
Holders of Pre-emptive Rights to be allowed option of purchase
Pre-emptive Right shall, as against the holder of such Pre-emptive Right, be so reserved or granted until he shall have been allowed the option of pur-
chasing such land in the manner prescribed in clauses 64 and 66 to these Regulations.
Maximum granted to any one person
No greater amount of land than 250 acres shall, under the provisions of this clause, be reserved or granted to any person under any such contract, unless in payment of work for which a vote has been passed by the Provincial Council.
Maximum granted in any one year
No greater amount of land than 1000 acres in the aggregate shall in any one year be reserved or granted under the provisions of this clause, without the special sanction of the Provincial Council.
Provisions as to foregoing
Provided always that every parcel of land so granted shall be subjected to the same conditions as to form and frontage as any Rural Land sold under these Regulations: Provided also that no application for less than twenty acres shall be received under this clause; but that where any amount of compensation awarded by the Board shall be of less extent than twenty acres of land, the person entitled may pay the balance in cash, upon the same terms as other applicants for the purchase of Rural Lands under these Regulations.