1428
THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.
Where
parties refuse To assign or do not show title, or cannot be found, the purchase-
money to be paid into Court.
Upou pay- ment into
Court being
made, the lands to vest upon a deed being exeented.
Application
of monies so paid into Comart.
be deemed
the owner.
Promoter, and as against such parties, and all parties on behalf of whom they are hereinbefore enabled to sell and assign, the Promoter shall be entitled to immediate posses- sion of such lands.
[84.] If the owner of any of such lands purchased or [80.] taken by the Promoter, or of any interest therein, on tender of the purchase-money or compensation which shall have been determined in manner aforesaid to be payable in respect thereof, refuse to accept the same, or neglect or fail to make out a title to such lands, or to the interest therein claimed by him, to the satisfaction of the Promoter, or if he refuse to assign or release such lands as directed by the Promoter, or if any such owner • be absent from the said Colony of Hongkong, or cannot after diligent inquiry be found, or fail to appear on the inquiry he rein provided for, it shall be lawful for the Promoter to pay the purchase-money or compensation payable in respect of such lands, or any interest therein, into Court subject to the control and disposition of the Court.
[85.] Upon any such payment into Court as last aforesaid [81.] being made, it shall be lawful for the Promoter, if he thinks fit, to prepare a deed of conveyance, assignment, or assurance of the last mentioned lands to himself, con- taining a description of the lands in respect whereof such: payment shall have been made, and declaring the circum-, stances under which such payment shall heve been made, and to tender such deed, after the same shall have been stamped with the stamp duty which would have been pay- able upon an assignment to the Promoter of the lands des- cribed therein, to the Registrar for execution on behalf of the owner and other (if any) the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained upon petition in a sum- mary way, execute the same, and all the estate and interest in such lands of the parties for whose use and in respect whercof such purchase-money or compensation shall havo been so paid shall vest absolutely in the Promoter, and, as against such parties, he shall be entitled to immediate possession of such lands.
[36.] Upon the application by petition of any party mak- [82.] ing claim to the money so paid into Court as last aforesaid, or any part thereof, or to the lands in respect whereof the same shall have been so paid or any part of such lands or any interest in the same, the Court or a Judge may, as to it or him shall seem fit, order such money to be laid out or invested in or upon any securities or investments authorized by the Court or a Judge, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making elaim to such money or lands, or any part thereof, and may make such other order in the premises as to such Court or Judge shall seem fit.
Party in [87.] If any question arise respecting the title to the lands [83,] possession to in respect whereof such monies shall have been so paid into Court as aforesaid, the parties respectively in possession of such lands, as being the owners thereof, or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary be shown to the satisfaction of the Court or a Judge, upa petition in a summary way, and, unless the contrary be shown as aforesaid, the parties so in possession, and ali parties claiming under them, or consistently with their possession, shall be deemed entitled to the money so paid into Court, and to the dividends or interest thereof and the same shall be paid and applied accordingly.
of money
paid infa Court.
Cost in cases [83.] In all cases of monies paid into Court under the [84]
provisions of this Ordinance, except where such monies shall have been so paid in by reason of the wilful refusal of any party entitled thereto to receive the same, or to assign or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be law- ful for the Court to order the costs of the following matters, including therein all reasonable charges and expenses in- cident thereto, to be paid by the Promoter (that is to say) the costs of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than