Land Act, 1923

Powers of Land Commission over solicitors and agents.

41.—(1) Where any person—

(a) fails to furnish any information, map, particular, or document which under this Act it is his duty to furnish, or, in the opinion of the Judicial Commissioner, fails to carry out such duty in a satisfactory manner; or

(b) wilfully fails or refuses to make title or produce evidence of title; or

(c) fails to prosecute any proceedings with due diligence and effect;

it shall be lawful for the Judicial Commissioner to appoint a solicitor, land agent, engineer, or surveyor to act in the matter and to carry out the instructions of the Land Commission, and such solicitor, land agent, engineer, or surveyor shall have all such powers as he would have had had he been duly employed by such person as aforesaid.

(2) Such costs and remuneration as may be approved by the Judicial Commissioner shall be paid by the Land Commission to any such solicitor, land agent, engineer, or surveyor so employed, and shall be recoverable by the Land Commission from the person in consequence of whose default such payment became necessary.

(3) Where a solicitor, land agent, engineer, or surveyor appointed by the owner does not in the opinion of the Judicial Commissioner prosecute any proceedings with due diligence and effect, the Judicial Commissioner shall have power to remove such solicitor, land agent, engineer, or surveyor and appoint such other person or persons as he may think fit in the place of the person so removed, and the person or persons so appointed shall have and exercise the same authorities and powers and shall be entitled to the same costs and remuneration as if he had been appointed by the owner.