Mulgoa Irrigation Act 54 Vic (NSW)

68 54 VIC. 1890. Mulgoa Irrigation. Meco An Act to enable and authorize George — Chaffey and Henry Gorman to establish a system of Irrigation and Water Supply within and adjacent to the Police District of Penrith: to acquire lands to establish Irrigation Works; to authorize the sale and supply of water for irrigation and domestic use; and to construct, make, and lay dams, weirs, or flood-gates upon or across the Nepean and Warragamba Rivers, and for all other purposes which may be incidental thereto. [19th Decem- ber, 1890.] Preamble, ; 7 WEREAS it is expedient and would be to the advantage of the inhabitants of the District of Penrith, in the Colony of New South Wales, and of the public generally, to establish a system, whereby the waters of the Nepean and Warragamba Rivers may be conserved and utilised for irrigation and domestic use, and for watering stock, and for other purposes. And whereas George Chaffey and Henry Gorman have acquired, and are about to acquire, large areas of lands within the Police District of Penrith, which lands are suitable for agricultural and horticultural purposes, if provided with a supply of water. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— PART J. Preliminary—Powers and dutics of the Promoters. Title. 1. This Act may for all purposes be cited as the "Mulgoa Trrigation Act." Portions of Acts at 2. Nothing contained in the ' Municipalitics Act of 1867," or variance with this. the "Country Towns Water and Sewerage Act of 1880," shall be con- strued to control, limit, or restrict the operation of this Act, or to interfere with its provisions in respect of the construction or mainten- ance of works, or the storage, distribution, or supply of water, or in respect of the borrowing of money, the valuation of property, or the fixing or levying of rates. Provisions subject to 8. Nothing in this Act shall be construed to limit or in any general legislation. : , ay . . nA way interfere with the rights of the Crown to the general control of natural supplics of water; and the provisions of this Act shall he subject to the provisions of any general Icgislation to deal with water conservation throughout the Colony, and shall not in any way interfere with any right conferred before the passing of this Act. Interpretation of 4. In the construction of this Act, unless the context requires fennss a different meaning, the expression— " Crown Lands" means Crown Lands as defined by the " Crown Lands Act of 1889." " Trrigation" means the use of water for flooding, moistening, or watering lands for agricultural or horticultural purposes. "Domestic 1890. of VIC. 69 Mulgoa Irrigation, " Domestic use," when employed with reference to water, means use for household and all other purposes, save for irrigation of gardens or land. "The Governor' means the Governor, with the advice of the Executive Council. " Trrigation area" means the lands and hereditaments described in the Schedule to this Act. * Justice"? means any Justice or Justices of the Peace. "' Minister" means the Minister charged with the administration of this Act. " Owner" includes lessee or occupier. "Person" means any individual as well as any Corporation, Municipality, Borough, or other local authority. « Prescribed" means by this Act or by the regulations thereunder. * Regulations" means the regulations made under this Act. "Stock" means cattle, horses, sheep, and all other domestic animals. . "The Promoters" means the said George Chaffey and Tenry Gorman, or their Assignecs for the time being. 5. Before the Promoters shall put into force any of the provisions Conditions prior to contained in Part IL of this Act with respect to the acquisition of *aisition of lands. land otherwise than by agreement, the following conditions and provisions shall be observed :— (t) The Promoters shall publish once at the least in each of three consecutive weeks in some local newspaper circulating in the Police District of Penrith, a notice describing shortly the nature of the undertaking in respect of which it is proposed to take any land, naming the registered office as the place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands required, (at) The Promoters shall serve a notice on every owner or reputed owner, lessee, or reputed lessee and oceupicr of such lands, describing in cach case the particular lands intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neutral in respect of taking such lands. (11t) On compliance with the provisions of this section with respect to notices, the Promoters may, if they think fit, present a petition to the Governor, and such petition shall state the lands intended to be taken, and the purposes for which they are required, and the names of the owners, lessecs, and occupiers of lands who have assented, dissented, or are neutral in respect to the taking such lands, or who have returned no answer to the notice. And it shall pray that the Promoters may, with reference to such lands, be allowed to put in foree the powers contained in Part IT of this Act, with respect to the acquisition of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Governor may require. (iv) On the receipt of such petition, and on due proof of the proper notices having heen published and served, the Governor shall take such petition into consideration, and may cither dismiss the same, or direct a local inquiry as to the propricty of assenting to the prayer of such petition, but until such inquiry has been made, no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers thereof. (v) After the completion of such inquiry the Governor may, by provisional order, empower the Promoters to put in force with ? 54' VIC. 1890. Mulgoa Irrigation. Powers of 6. Promoters. with reference to the lands referred to in such order the powers of the said Part IT with respect to the acquisition of lands otherwise than by agreement, or any of them, and cither absolutely or with such conditions and modifications as the Governor may think fit, and it shall be the duty of the Promoters to serve a copy of any order so made, in the manner and on the person in which and on whom notices in respect of such lands are required to be served. Subject to the provisions of this Act it shall be lawful for the Promoters to exercise any of the following powers, that is to say :— (1) To erect, make, lay, or construct wpon and across the River (1) Nepean at any point within three miles above its junction with the Warragamba River, a dam, weir, or flood-gate, or either, with the necessary offtake works, and also to erect, make, lay, or construct upon and across the Warragamba River at any point within five miles above its junction with the Nepean River, a dam, weir, or flood-gate, or either, with the necessary offtake works, and also to make, lay, and construct from any point within one mile above the dam, weir, or flood-gate, upon or across the Warragamba River a tunnel, aqueduct, or canal, to carry the waters from the Warragamba River to the Nepean River above the dam, weir, or flood-gate, to be con- structed upon or across the Nepean River, and to maintain the same. To erect such boilers, engines, pumps, and other machinery within or without the irrigation area to raise any such waters as may be necessary and to work the same. (111) To erect, make, lay, or construct upon any part of the (rv) irrigation area such dams, weirs, flood-gates, culverts, aque- ducts, sluices, flumes, pipes, engines, pumping machinery, reservoirs, dams, canals, water-courses, embankments, or other works as may be necessary or expedient for carrying out the purposes of this Act, and to maintain and work the same. To take or divert water from the said rivers above such dams, weirs, or flood-gates, and to convey to and distribute the same within the irrigation area or elsewhere as herein- after provided, in quantities not exceeding one cubic foot per minute for every five acres of land within the irrigation area. Provided, nevertheless, that nothing contained in this Act shall authorize the use of water from said rivers for irrigation purposes while less than five million gallons per diem flow past the junction of said rivers, and seventy-five gallons every twenty-four hours per head of the population of any town, village, or settlement which may be supplied by water under the provisions of this Act for domestic use. Provided always that notwithstanding anything in this Act contained it shall not be lawful for the Promoters by any such works as aforesaid to diminish or reduce the flow of the water of either of such rivers below such works beyond such mean discharge as the Governor shall from time to time prescribe by notification to be published by the Minister in the Government Gazette. (v) To widen or deepen, and use for drainage or any other pur- pose, any existing creek, lagoon, swamp, or water-course within or leading to or from the irrigation area. (v1) To lay pipes or cut trenches, canals, or ducts within the irrigation area for the purpose of delivering water to owners of lands, and to maintain the same. (vir) 1890. 54° VIC. Mulgoa Irrigation. (vit) 'To Jay pipes, cut trenches, canals, or ducts outside the irrigation area for the purpose of delivering water to owners of and outside such arca, and for the purposes of supplying water for domestic uses and to maintain the same. (virz) 'lo enter into and upon any lands and take and lay down levels of the same for the purpose of making , laying, or constructing canals, flood-gates, weirs, culverts, aqueduets, sluices, flumes, pipes, watcr-courses, embankments, channels, or other works incidental thereto, and to set out such parts thereby as they shall think necessary. (ix) After payment of compensation as hereinafter provided to enter upon, take, and hold such land as they may from time to time dcem necessary for the construction and main- tenance of any of the works authorized by this Act. (x) 'Vo enter upon any Crown or private lands, strects, roads, or thoroughfares, and to construct, maintain, lay, or place therein any canals, flood-gates, weirs, culverts, aqueducts, sluices, flames, water-courses, embankments, pipes, bridges, ov other works incidental thereto, and repair, alter, cut off, or remove the same, and enter upon any such lands, streets, roads, or thoroughfares for the purpose of repairing any water-courses or other works being their property or under their control. W stanee or thi injury to la to any own us Act shall, while in the execution of his duties, cause nd, fences, or other property, or shall cause loss or damage er of land or other property, the person suifering such injury, loss, or damage shall be entitled to be compensated by the Promoters. 8. 'T works which may interfere in any way with the flow of 'the River Warragamba, or the River Nepean, or any other natural channel shall he submitte accordance that in the Promoters s henever any person employed by the Promoters in. pur- Compensation for damage done by Promoters, 1c plans of any dams, weirs, culverts, bridges, or other Plans of dams, &c.,, d to the Minister, and must receive his sanction before such works can be entered upon. 9. When any person claims compensation from the Promoters, Arbitration. on account of any injury, loss, or damage, and such claim is disputed vy the Promoters, the compensi ation claimed shall be settled in with the provisions of the " Public Works Act of 1888" in respect of claims for compensation made thereunder, the words 'constructing authority" mentioned in the said Act being for this purpose read "The Promoters" as hereby defined. Provided always exercise of any of the powers hereby conferred the wall inflict as little damage as may be, and in all cases where it can be done shall provide other watering-places, drains, and channels for interrupted the use of ad joing lands in place of any taken away or ny them, and shall make full compensation to all parties interested for all actual damage sustained by them through the exercise of such powers. 10. ' of any stree drains, or tt s, roads, and bridges, and may open and break up sewers, *t"* imnels within or under such streets und bridges, and lay down and p ace within the same or other limits, pipes, conduits, service pipes, and other works, and from time to time, repair, alter, or remove the same, and for the purposes aforesaid remove and use the earth and materials in and under such streets, roads and bridges, and do all other acts which the Promoters shall from time to time deem necessary for supplying water as authorized by this Act. Provided nevertheless that permission be obtained from respective Municipal Councils when such streets are outside the irrigation arca 11, 'he Promoters may open and break up the soil and pavement Power to open to be submitted to Minister. 72 54° VIC. 1890. Mulgoa Errigation. Reinstatement of 11. When the Promoters shall open or break up the road or streets. pavement of any street or bridge, or any sewer, drain, or tunnel, they shall with all possible speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good the road or pavement of the sewer, drain, tunnel, or water-pipe so opened or broken up, and carry away the rubbish occasioned thereby. And shall at all times, whilst any such road or pavement shall be so open or broken up, cause the same to be fenced or guarded, and shall cause light sufficient for the warning of passengers "to be set up and kept there for every night during which such road or pavement. shall be continued open or broken up. Diversion of water- 12. The Promoters may, within the irrigation area, from time ; to time, divert or alter, temporarily or permanently, any part of the course of any crecks or water-courses, roads, streets, or ways, in order the more conveniently to exercise any of the powers conferred on the Promoters, and may cut drains and deliver water into, embank, widen, or deepen, any ereck, water-course, lagoon, or swamp within such area, and may purchase or take on lease any existing water-works, and erect or construct thereon all necessary works and machinery. Agreements tosupply 13. The Promoters may supply any person, either withm or water, without the irrigation area, with water for domestic use, by measure or otherwise, at such rates, upon such terms, and subject to such con- ditions as may be agreed upon by the Promoters. Promoters not liable 14. The Promoters shall not be liable, in the absence of express to anety water stipulation under any agreement for the supply of water, to any penalty or damages for not supplying or continuing to supply such water if the want of such supply arises from unusual drought or other unavoidable cause, or from accident, or from necessary repairs. Promoters may let 15. The Promoters may let for hire to any person supplied with meters. water by.measure any meter, water-gauge, or instrument for measuring the quantity of water supplicd, and any pipes and apparatus for the conveyance, reception, or storage of the water, for such remuneration and upon such terms as may be agreed upon by the Promoters; and such agreement shall and may be enforced in any Court of Law or Equity. Motors of Promoters 16. Such meters, watcr-gauges, instruments, pipes, and apparatus ° * shall not be subject to distress for rent of the premises where the same are used, or be liable to be attached or taken in execution under any process of any Court of Law or Equity, or under or in pursuance of any sequestration or order in insolvency, or other legal proceedings against or affecting the person using such water, or the occupier of the premises, or other the person in whose possession the meters, water-gauges, pipes, instruments, and apparatus may be. Meter to be supplied 17. Every person who shall have agreed with the Promoters and maintained . consumer. Y for a supply of water by measure, shall at his own expense, unless he hire a meter or water-gauge from the Promoters, provide a meter or water-gauge, and keep and maintain the same in good working condition to the satisfaction of such officer as may be appointed by the Promoters; and in the event of any repairs being required, notice in writing shall be immediately given by such person to the Promoters, and registration of the quantity used shall be taken before such repairs are effected. Power to officers or 18. The Promoters or their officers or servants may enter in servants of Promoters "V4: . . fo inspect meter, and upon any lands, houses, or buildings, and with or without horses or carriages, may enter in and upon any lands to, through, or into which water is supplied or carried by the Promoters to inspect the meters, water-gauges, canals, dams, weirs, flood-gates, culverts, aqueducts, sluices, flumes, pipes, water-courses, embankments, or other works, and the instruments, pipes, and apparatus for the measuring 1890. 54 VIC. Mulgoa Irrigation. measuring, conveyance, reception, storage, or distribution of water, or for the purpose of ascertaining the quantity of water supplied or consumed, or to cxamine if there be any waste or misuse of water; and may from time to time enter any house, building, or lands, for the purpose of removing or altering any meter, water-gauge, instrument, pipe, or apparatus, upon or affecting the property of the Promoters. And if any person hinders any such Promoter, officer, or servant from entering or making such inspection or alteration or effect- ing such removal, he shall for cach such offence be liable to a penalty not excecding five pounds, but exeept with the consent of a Justice a power of entry shall be exercised only between the hours of six in the forenoon and six in the afternoon. 19. Subject to the provisions of this Act the Promotcrs may, Promoters may make from time to time, make, amend, and repeal regulations for or relating to all or any of the following subjects :— (z) The supply and sale and distribution of water to any person within or without the irrigation area. (i) The rate and price at which water shall be sold, and the time of payment for the same, and the order in which applicants may be served. (111) For determining and adjusting the interest of the various Jandowners and others within the irrigation area to and in the irrigation works. Iv) The management and maintenance of the irrigation works, and the payment of the annual working expenses, and the appointment of Water Managers or Trustees to supervise and control all or any matters referred to in this section, (v) The prevention and remedying of waste, undue consumption, theft, fouling or contamination of the water contained in or supplied from any part of the Promoters' works. (vr) The protection of the water and every part of the works from trespass or injury. 11) The imposing of penaltics for any breach of any regulation by this Act authorized to be made by the Promoters, not exceeding the sum of fifty pounds and the enforcement of the same ; and (virt) Generally for duly administering and carrying out the powers given to the Promoters. And such regulations shall, upon being approved by the Governor and published in the Government Gazette, be valid in law. regulations, 20. The price to be charged by the Promoters for water sold to Maximum price of any person for domestic usc shall in no case exceed one shilling per ws one thousand gallons. 21. If any person supplied with water by the Promoters wrong- Prorsction or tie fully docs, or causes or permits to be done, anything in contravention of any of the provisions of this Act or of the regulations of the I ease of any breach of thix part ae . . of this Act water those provisions ought to be done for the prevention of the waste, may bo cut off, Promoters, or wrongfully fails to do anything which under any of misuse, undue consumption, or contamination of the water of the Promoters, shall be liable for any such offence to a penalty not execced- ing five pounds in addition to the value of the water misused, and the Promoters may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes, canals, sewers, drains, or fumes by or through which water is supplied to him or for his use, and may cease to supply such person with water so long as the cause of injury remains or is not remedied. 22. If any person bathe in any stream, drain, reservoir, aqueduct, or other water-works belonging to the Promoters, or wash, Water. Ponting Tun WATER. throw, or cause to enter therein any animal, he shall for every such Penalty for bathing offence forfeit a sum not exceeding five pounds. Sf 23. in water of Pro- moters. 74. Penalty for throwing dirt therein. Penalty for letting foul water flow thereinto. Penalty for per- mitting substances produced in making gas to flow into works. Any person re- establishing any con- nection with the main unless authorized or wilfully injuring any pipe liable to a penalty. Charges and rates for water payable in advanec. Refusal to pay charges. Penalty for unlaw- fully taking water. Penalty for fixing uncertified meter. For removing or altering meter without notice. of VIC. 1890. Mulgoa Irrigation. 23. If any person throw, convey, or cause or permit to be thrown or conveyed, any rubbish, dirt, filth, or other noisome thing into any such river, stream, drain, reservoir, aqueduct, or other water- works as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shall for cach such offence forfeit a sum not execeding twenty pounds. 24. If any person wilfully and after due notice cause the water of any sink, sewer, or drain, or other filthy water belonging to him or under his control to run or be brought into any such river, stream, drain, reservoir, aqueduct, or other watcr-works (belonging to the Promoters), or shall do any other act whereby the watcr of the Promoters shall be fouled, he shall for each such offence forfeit a sum not excceding twenty pounds, and a further sum of twenty shillings for each day (if more than onc) that such offence continues. 25. Any person wilfully polluting the water supplied or to be supplicd by the Promoters (onus of proof that water is polluted resting with Promoters) shall forfeit a sum not exceeding twenty pounds, to be recovered with full costs of suit for cach day during which such pollution shall continue after the expiration of twenty- four hours from the time when notice of the offence has been served on such person by the Promoters. 26. Any person who shall, without the authority of the Promoters, establish or re-cstablish, or permit to be established or re-established any connection which has not been authorized, or which may have been cut off, removed, or severed by the Promoters, or who shall in any manner wilfully injure or tamper with any connection- pipe, meter, water-gauge, sluice, canal, flume, aqueduct, cistern, ball- cock, stop-cock, or waste-pipe which may have been approved by the Promoters, so as to destroy, diminish, or endanger its efficiency, may be summouced for such offence before two Justices, and, on conviction thereof, shall be adjudged to pay the Promoters the amount of the charges and expenses which the Promoters may have ineurred (and which they are hereby authorized to incur) in repairing or restoring the same to a state of cificiency. Every such offender shall also forfeit and pay a penalty not execeding ten pounds. 27. The charges for water and all sums duc to the Promoters shall be paid by and be recoverable from the owner of the premises, or the occupier, or person requiring, receiving, or using the water. When water is supplied by measure, all rates or charges for the same, for water, shall be paid at such time and in such manner as shall be provided for by the regulations of the Promoters. The rent payable for meters shall be payable in advance as and from the first day of January, April, July, and October in each year. 28. If any person refuse or neglect to pay on demand to the Promoters any rate, charge, or sum due by such person under this Act, the Promoters may recover the same with costs in any Court of competent jurisdiction, and any such person may be sued in any Court sitting within the Pelice District of Penrith. 29. If any person wrongtully takes or uses any water belonging to the Promoters, or supplied by them for the use of any persons, he shall for every such offence be Hable to a penalty not exceeding fifty pounds. 30. If any person fix or refix any sluice, stop, outlet, water- meter, water-gauge, or other instrument upon any pipe or canal, siuice or aqueduct the property of the Promoters without having first obtained authority from the Promoters, he shall forfeit a sum not exceeding ten pounds 81. If any person remove or alter the position of, or in any way interfere with, any sluice, stop outlet, moter, water-gauge, or other or 1890. 54° VIC. 7 Mulgoa Irrigation. other instrument, without having obtained authority as aforesaid, he shall for cach such offence forfeit a sum not exceeding twenty pounds, Provided that the Promoters shall at all times have an office within the Police District. of Penrith, and shall register the address of the same at the Court-house, Penrith. 32. Every person requiring to remove or alter the position of Notice of removal, or to open any sluice, stop-outlet, meter, or water-gauge shall leave &» of meter six days notice in writing to that "effect at the registered office of the Promoters. And if any person refuse or delay to have any sluice, water may be cut off stop-outlet, meter, or water-gauge properly repaired and put in correct # meter not in onder. working order after having been required by any officer of the Promoters so to do, the Promoters may shut off the supply of water from the land or premises of such person, either by cutting the service- pipe or otherwise, until such sluice, stop-outlet, meter, or water-cauge shall have been properly repaired and certilied by some officer of the Promoters as being in proper working order. 33. Every person who shall wilfully obstruct any person acting Penalty for obstruct: under the authority of the Promoters in setting out the line of any is sonsiruetion of works undertaken under the authority of this Act, or pull up or remove any poles or stakes driven into the ground for the purpose of setting out the line of such works, or destroy or injure any works so undertaken as aforesaid shall incur a penalty not exceeding twenty pounds for every such offence. 3... If any person unlawfully and maliciously destroy or damage, Penalty for or attempt to destroy or damage, any reservoir, dam, tank, tunnel, &2xs verks. water-course, sluice, main, distributary pipe, aqueduct, bridge, road-way, embankment, pump, or engine, or other part whatever of the machinery or works of the Promoters, such person shall be guilty of felony, and shall be liable to be imprisoned for any term not excceding ten years. PART II. The acquisition and occupation by the Promoters of lands—ascertain- ment of compensation in respect thereof. 35. After the approval by the Governor of the acquisition of Lands required how lands otherwise than by agreement, and payment of compensation "are. made and provided by this Act, but not before, the Promoters shall be empowered to acquire or occupy such lands in manner herein- after provided, and in the case of Crown Lands such acquisition or occupation shall he made under and subject to the provisions of the "Crown Lands Act of 1884 and the Amending Act of 1889. 36. It shall be lawful for the Promoters, by notification to be tow and when lands published in the Gazette, and in one or more newspapers published or be tken. circulating in the said Police District of Penrith, to declare that. the land described in such notification is required for the purpose therein expressed, but the purpose so to be expressed shall be limited to the acquisition of lands for erecting, making, laying, or constructing works, canals, aqueducts, flumes, water-coursces, or other works for carrying out the objects of this Act. 37. Upon the publication of the notification in the Gazet/e Vesting, &¢.0f lands. declaring that the lands therein deseribed ave so required, such lands shall, upon complianee with the requirements and provisions hercin- after contained, be vested in the Promoters for the purposes of this Act, for an estate of inheritance in fee-simple in' possession, freed and discharged from all trusts, obligations, estates, interests, contracts, charges, Effect of publication upon Crown Lands, Compensation for private lands. Conversion of estate of proprietor of resumed land into a claim. Notice of claim for compensation, Claim and report. thereon, Compensation by action in Supreme Court. of VIC. 1890. Mulgoa Irrigation. charges, rates, rights-of-way, or other easements whatsoever, and to the intent that the legal estate therein, together with all powers incident thereto or conferred by this Act, shall, subject to the pro- visions thereof, be vested in the Promoters. 38. Where the land required is Crown Land at the date of such publication, or is vested in any corporation or person on behalf of Ier Majesty, or for public purposes, by virtue of any statute, or is within the limits, with reference to centres of population, prescribed by the Act next hereinafter cited, the effect of such publication shall be to withdraw the said land (to the extent required) from any lease or license or promise thereof, and to cancel to the like extent any dedica- tion or reservation of the said land made under the authority of the " Crown Lands Alienation Act of 1861," or any Act or Acts amending the same, and to divest the estate of such corporation or person, and to vest the said land, to the extent aforesaid, in the Promoters, for the purposes mentioned, and for the estate limited in the last preceding section. Provided, however, that nothing in this section contained shall have any eifect or operation unless the approval of the Governor shall first have been obtained with respect to the land so required. 39. Where the land deseribed in any such notification consists wholly or partly of land alienated by, or not the property of, the Crown, or is not Crown Land as defined by this .Act, the owners thercof shall be entitled to receive such sum of money, by way of compensation, for the land so described, as shall be agreed upon, or otherwise asccr- tained, under the provisions hereinafter contained. 40. The estate and interest of every person entitled to lands required under this Act, or any portion thereof, and whether to the legal or equitable estate therein, shall, upon due payment of the amount of compensation tendered hy the Promoters, or assessed by the jury as hereinafter provided, be deemed to have been as fully" and effectually conveyed to the Promoters as if the same had been conv eyed by the persons legally or equitably entitled thereto by means of the most perfect assurances in the law. And every person shall, upon asserting his claim as hereinafter provided, and making out his title in respect of any portion of the said resumed lands, be entitled to compensation on account of such resumption in manner hereinafter provided. 41. Every person claiming compensation in respect of any land so required, or in respect of any work or other matter done under the authority of this Act, shall, within ninety days from the publication of such notification, or at any time afterwards within such extended time as a Judge of the Supreme Court shall, upon the application and at the cost of the claimant appoint in that behalf, scrve a notice in writing upon the Promoters, which notice shall set forth the nature of the estate or interest of the claimant in such land, together with an abstract of his title, and if he claims in respect of damage, the nature of the damage which he has sustained or will sustain by reason of the taking of his land, or of such work or matter as aforesaid, and such notice may be in the form of the Second Schedule hereto, but with any modifications required by the nature of t