1426
THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.
Question to
el.
in the Court in its original jurisdiction in the same manner as is hereinbefore provided for in other cases of disputed compensation, and thereupon the same shall be so deter- mined accordingly,
[73.] The question to be determined in the case last [69.] be determin- aforesaid shall be, whether the said sum so paid into Court as aforesaid by the Promoter was a sufficient sum, or whether any, and what further sum ought to be paid into Court by him.
If further Sum deter- mined
Promoter fo pay same
into Court
within 14 days.
Cost of Cie enquiry.
Compen- sation where no satisfaction previously made. how
to be settled.
Pareluso-
money pay- able to
parties under disability exceeding $1000 to be paid into Court.
Application of monies paid in.
Onder for application and lovest-
nient meanwhile.
[74.] If it shall be determined that a further sum ought [70.] to be paid into Court by the Promoter, he shall so pay such further sum within fourteen days after such determin- ation or, in default thereof, the same may be enforced by attachment, or recovered with costs, by action.
[75.] If it shall be determined that the sum so paid into [71.] Court was sufficient, the costs of and incident to such enquiry shall be in the discretion of the Court, but if it shall be determined that a further sum ought to be paid into Court by the Promoter, all the costs of and incident to the enquiry shall be borne by the Promoter.
[76.] If any party shall be entitled to any compensation [72.] in respect of any of such lands, or of any interest therein, which shall have been taken for or injuriously affected by the excention of the works, and for which the Promoter shall not have maile satisfaction under the provisions of this Ordinance, such compensation shall be determined, where no agreement has been come to between such party and the Promoter, by an action to be instituted in the Court in its original jurisdiction in the same manner as is hereinbefore provided for in other cases of disputed com- pensation.
Application of Compensation.
[77.] If the purchase-money or compensation which shull [78] be payable in respect of any of such lands, or of any in- terest therein, purchased or taken by the Promoter from any tenant for life or in tail, married woman seized in her own right, guardian, committee of lunatic or idiot, trustee, executor or administrator, or person having a partial or qualified interest only in such lands, and not entitled to sell or assign the same except under the provisions of this Ordinance, or the compensation to be paid for any per- manent damage to any such lands, exceed the sum of one thousand dollars, the same shall be paid into Court, sub- jeet to the orders of the Court, and such monies shall remain in Court until the same be applied to some one or more of the following purposes, (that is to say):-
In the discharge of any debt or incumbrance affecting the land in respect of which such money shall have been paid, or affecting other lands settled therewith to the same or like uses, trusts, or purposes ; or
In the purchase of other lands to be assigned, limited, and settled upon the like uses, trusts and purposes, and in the same manner as the lauds in respect of which such money shall have been paid stood settled; or,
If such money shall be paid in respect of any buildings taken under the authority of this Ordinance, or injured by the proximity of the works, in removing or re-placing such build- ings, or substituting others in their stead, in such manner as the Court shall direct; or, In payment to any party becoming absolutely
entitled to such money,
[78.] Such money may be so applied as aforesaid upon an [74] order of the Court or a Judge, made on the petition of the party who would have been entitled to the rents and profits. of the lands in respect of which such money shall have been deposited; and until the money can be so applied it may, upon the like order, be invested by the Registrar in or upon any securities or investments authorized by the Court or a Judge, and the interest, dividends, and annual proceeds thereof paid to the party who would for the time being have been entitled to the rents and profits of the lands,