1424
THE HONGKONG GOVERNMENT GAZETTE, 22nd SEPTEMBER, 1905.
and their respective heirs, excentors, administrators and suc- cessors, but also for and on behalf of every person entitled in reversion, remainder or expectancy after them, or in defensance of the estates of such parties, and as to such married women, whether they be of fuil age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of the lunaties and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, luuatics, and idiots respectively could have exercised the same power under the authority of this Ordinance if they had respectively been under no disability, and as to such trustees, executors and administrators, on behalf of their restuls que trustent, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuis que trustent respectively could have exercised the same powers under the authority of this Ordinance if they had respectively been under no disability
[59.] The power to release lands from any rent-charge [55,] or incumbrance and to agree for the apportionment of any such rent-charge or incumbrance shall extend to and may lawfully be exercised by every party hereiubefore enabled to sell and assign or release lands to the Promoter.
Parties under
disability
10 exercise
other
powers.
Compen
sation where parties are urder disability.
J'art of
[60] The purchase money or compensation to be paid for [56.] any lands to be purchased or taken from any party under any disability or incapacity and not having power to sell or assign such lands except under the provisions of this Or- dinance, and the compensation (if any) to be paid for any permanent damage or injury to any such lands shall not be less than such a sum as shall be approved of by a Judge upon a special case, and all purchase money and compensa- tion recovered under or by virtue of this section shall be paid into Court for the benefit of the parties interested.
Purchase of Lands otherwise than by Agreement.
[61.] Before it shall be lawful for the Promoter to put in [57.] capital to be force any of the powers of this Ordinance in relation to the
subscribed before compulsory powers exercised.
Notice of intention
To take
lands.
Particulras
of claim to
compulsory taking of lands for the purposes of the under- taking, or to open or break up any roads, the Promoter shall satisfy the Governor in Council that one third part at least of the capital or estimated sum for defraying the expenses of the undertaking shall have been subscribed under con- tract binding the parties thereto, their heirs, executors and administrators, for the payment of the several sums by them respectively subscribed, and a certificate of the Governor, published in the Gazette, shall be conclusive evidence that such amount has been duly subscribed.
[62] When the Promoter shall require to purchase any [58.] lands for the purposes of the undertaking he shall give notice thereof to all the parties interested in such lauds, or to the parties enabled by this Ordinance to sell and assign or release the same, or to such of the said parties as shall, after diligent enquiry, be known to the Promoter, and by such notice shall demand from such parties the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof; and every such notice shall state the particulars of the lands so required, and that the Promoter is willing to treat for the purchase thereof and as to the compensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works.
[63.] Within twenty-one days after the service of such [59.] notice (exclusive of the day of service) every party upon be delivered, whom the same is served shall give notice to the Promoter stating the particulars of his claim in respect of any such lands and the compensation which he is willing to accept for the same.
state what
compen- sation he
will pay.
Promoter to [64] Within twenty-one days after the service on the [60.]
Promoter of such last mentioned notice (exclusive of the day of service) the Promoter shall in writing state to the party giving the same whether or not he will pay the compensation required by such party, and, if not, then he shall state what compensation he is willing to pay to such party, and within twenty-one days after the service on such party by the Promoter of such intimation (exclusive of the day of service) such party shall give notice to the Promoter whether or not he will accept the compensation that the Promoter is willing to pay.