1434
THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.
of his mortgage money being so prematurely paid off, the amount of such compensation to be ascertained, in case of difference, as in other cases of disputed compensation; and until payment or tender of such compensation as aforesaid the Promoter shall not be entitled, as against such mort- gagee, to possession of the mortgaged lands under the provi- sions hereinbefore contained. Provided that the Court or a Judge may order such payment or tender to be dispensed with if it or he shall think fit so to do, and such mortgage money and compensation to be paid into Court, and, on such payment being made, the Promoter shall be entitled, as against such mortgagee, to possession of the mortgaged lands under the powers hereinbefore contained.
Helense of hands from.
Rent-charges.
[105.] If any difference shall arise between the Promoter [101.] and the party entitled to any rent-charge, or chief or other, reut-charges, rent, or other payment or incumbrance not hereinbefore provided for, upon any of such lands required to be taken for the purposes of this Ordinance, respecting the consideration to be paid for the release of such lands there- from, or from the portion thereof affecting the lands re- quired for the purposes of this Ordinance, the same shall be determined as in other cases of disputed compousation.
[106.] If part only of the lands charged with any such [102.] part of lands rent-charge, chief or other rent, payment or incumbrance, from charge he required to be taken for the purposes of this Ordinance, the apportionment of any, such charge may be determined by agreement between the party entitled to such charge and the owner of the lands on the one part, and the Pro- moter on the other part, and if such apportionment be not so determined by agreement, the same shall be determined by the Court or a Judge upou petition in a summary way, but if the remaining part of the lands so jointly subject be a sufficient security for such charge, then, with the consent of the owner of the lands so jo'ntly subject, it shall be lawful for the party entitled to such charge to release therefrom the lands required, on condition or in consideration of such other lands remaining exclusively subject to the whole thereof.
Payment
case of
refusal to release.
[107] Upon payment or tender of the compensation so] [108,] into Court in agreed upon or determined to the party entitled to any such charge as aforesaid, such party shall execute to the Promo- ter a release of such charge; and if such party fail so to do, or if he fail to adduce a good title to such charge to the satis- faction of the Promoter, or if he be absent from the Colony, whether temporarily or permanently, or in hiding, or ean- not after diligent enquiry be found, it shall be lawful for the Promoter to pay the amount of such compensation into Court, and also if he thinks fit to prepare a deed of release of such charge, and to tender the same, after the same shall have been duly stamped as required by law, to the Registrar for execution on behalf of the releasing parties, and there- upon the Registrar sball, upon an order of the Court to be obtained upon petition in a summary way, execute the same, and the rent-charge, chief or other rent, payment or in- cumbrance, or the portion thereof in respect whereof such compensation shall so have been paid shall cease and be extingnished.
Lands not
taken.
Clurge to [103.] If any such lands be so released from any such entiune oll charge or incumbrance, or portion thereof, to which they were subject jointly with other lands, such last-mentioned. lands shall alone be charged with the whole of such charge, or with the remainder thereof, as the ease may be, and the party entitled to the charge shall have all the same rights. and remedies over such last-mentioned lands for the whole or the remainder of the charge, as the case may be, as he had previously over the whole of the lauds subject to such charge; and if upon any such charge or portion of charge, being so released the deed or instrument creating or trans- ferring such charge be rendered to the Promoter for the purpose, he shall aflix his common seal to a memoran- dum of such release endorsed on such deed or instrument, declaring what part of the lands originally subject to such charge shall have been purchased by virtue of this Ordi- nance, and if the lands be released from part of such charge, what proportion of such charge shall have been released, and how much thereof continues payable, or if the lands so required shall have been released from the whole of such charge, then that the remaining lands are thenceforward to
[104.]