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(3) In case of disagreement the arbitrators 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.
(4) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.
on which
93.-(1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such purpose compensation the value of any land resumed or of any building thereon- to be based.
No. 6 of
1901.
(a) may take into consideration the rateable value and Ordinance the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state;
(b) shall not make any compensation for any addition to or 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 maintenance of the premises in a proper state of repair); and
(c) shall not make any allowance in respect of the acquisi- tion being compulsory.
(2) The said arbitrators or umpire shall also receive 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 unfit, and not reasonably capable of being made fit, for human habitation.
(3) If the said arbitrators or umpire are satisfied by such evidence, then the compensation shall—
(a) in cases (a) and (b), 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), 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
(c) in case (d), be based on the value of the land and of the materials of the buildings thereon.