| 88. | Whenever it may be necessary to take any such land for any public work other than a railway or than for defence purposes,—
| (1.) | Where the title to such land is not derived from the Crown,—
| (a.) | A map shall be prepared in duplicate, showing accurately the position and extent thereof, and shall be signed by the Surveyor-General, or some authorised surveyor appointed by him to certify plans for the purpose page 3.gif) of any Act relating to the conveyance or transfer of land, as evidence of the accuracy thereof. |
| (b.) | At any time thereafter the Governor in Council may, by Order in Council, to be gazetted for at least one month after the making thereof, declare that the lands shown upon such map shall be deemed to be taken for the purposes of such public work, and thereupon such land shall vest in Her Majesty or the local authority, as the case may require, as from a date to be named in such Order in Council, not being less than one month from the date of the first gazetting thereof, unless in the meantime revoked. |
| (c.) | The Minister shall, as soon as may be after the date so named in such Order in Council, cause a copy of the same, if unrevoked, to be lodged in the office of the Surveyor-General, who shall cause the land included therein to be shown upon the proper maps and records of the district in which it is situated in such manner as to prevent such land being disposed of in any manner at variance with such Order in Council. |
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| (2.) | Where the title to such land is derived from the Crown, the land may be taken in the manner set forth in Part II. of this Act. |
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| 89. | Whenever it may be necessary to take any such land for any railway authorised to be constructed under the provisions of any special Act, or for defence purposes, whether the land to be taken be Native land, or the title thereto be derived from the Crown, such land may be taken for any such railway in the manner prescribed in Part VII. of this Act, and, for defence purposes, in the manner prescribed in Part IX. of this Act. |
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