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(2) The two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final.
In case of disagreement they shall, and at any stage of. the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.
(3) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.
150. (1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such compensa- purpose the value of any land resumed or of any building tion to thereon-
be based.
(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and Ordinance the condition of the premises, the state of repair thereof. 1901. and the probable duration of the premises in their existing state; and
(b) shall not make any compensation for any addition to of improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the main- tenance of the premises in a proper state of repair); and
(o) shall not make any allowance in respect of the acquisition being compulsory.
No. 6 of
(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove—
(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any other illegal purpose; or
(b) that the rental of the premises was enhanced by illegal overcrowding; or
(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or
(d) that the premises are infit, and not reasonably capable of being made fit, for human habitation.
be received.
(3) If the said arbitrators or umpire are satisfied by Effect of such evidence then the compensation shall-
(a) in cases (a) and (b) in sub-section (2) so far as it is based on rental, be based on the rental which would have 'been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and
.
(b) in case (c),in sub-section (2) be based on the amount estimated, as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and
such evidence
on com- pensation.