852
THE HONGKONG GOVERNMENT GAZETTE, 29TH SEPTEMBER,
Funds out of which com-
pensation, &c., to be paid.
No suit to
6. &c.
against Crowo,
te.
Renelios of
Crown for
rent and taxes,
or of owner
or landlord
for rent or
LAXER DOT LO be prejudiced.
Application of
•Ordinance to other properties.
difference in the value thereof and otherwise as he may think fit, and may execute all such deeds and documents as may be necessary in that behalf.
27. All sums required for the purposes of this Ordinance for compensation or costs of arbitration as against the Crown shall be borne and paid out of the public funds of the Colony or may be raised, provided for, or paid by Public Loan, or in such other manner as may be authorized by Ordinance.
28. No suit or action shall be commenced or lie, or if commenced shall be continned against the Crown or against the Sanitary Board or any Committee thereof, or against any person whomsoever for any loss or damage incurred by or resulting to any person by reason—
(a) Of the removal either before or after the coming into operation of this Ordinance of the occu- pants of any house or part of a house, closed by orders of the Sanitary Board, or of the loss of any rent occasioned thereby within the said area of the Taipingshan District, or
(b) of the shutting up or closing of any houses or streets either before or after the coming into operation of this Ordinance by order of the Sanitary Roard within the said area of the Taipingshan District, or
(e) Of the destruction or removal of, or of the damage either before or after the coming into operation of this Ordinance to any furniture, fittings, mezzanine floors, cocklofts, partitions or articles in any house closed or disinfected by orders of the Sanitary Board hereby resumed, prò- vided such destruction, removal or damage occurred during the prevalence of the Bubonic Plague or during any operations which were necessary or deemed necessary for the cleansing and disinfecting of any such houses either before or after the coming into operation of this Ordinance, or
(d) of any loss of rent whatever in respect of any
lands resumed under this Ordinance.
29. Nothing in this Ordinance shall prejudice or inter- fere with the right of the Crown to recover payment of 56ths of the Crown rent payable in respect of any land resumed under this Ordinance for the half-year ending the 24th June, 1894, or of 2/3rds of any rates or taxes for the quarter ending the 30th June, 1894, or of any owner or landlord to claim from his assignees, sub-lessees or tenants any sums payable to him in respect of Crown rents or taxes to the said dates under any assignment, lease or agreement, or to interfere with the rights or remedies of any owner or landlord for damages for the breach or non-observance or non-performance prior to 1st June, 1894, of any covenant or contract entered into by any assignee, sub-lessee or tenant in reference to any land or house and not rendered incapable of performance by the resumption under this Ordinance of the land or houses.
30. If before, or within six months after, the coming into operation of this Ordinance the Sanitary Board or any Committee thereof shall certify to the Governor in writing under the hand of their Chairman that any houses within the City of Victoria other than the lands and buildings hereby resumed have been closed and shut up by their order or by the order of any Committee thereof by reason of their insanitary condition and for the purpose of preventing the spread of the Bubonic Plague, and that it is expedient that such buildings should be destroyed and demolished and the sites whereon they stand resumed by the Crown then and in such case it shall be lawful for the Governor, with the advice and consent of the Legislative Council, after the coming into operation of this Ordinance by notification pub- lished in the Gazette to declare the resumption of such land and buildings by the Crown, and upon such publication such lands and buildings shall revert to and become vested in the Crown from the date in and by such notification specified, and all the rights of the owners and persons interested in, to, or over the same shall absolutely cease and determine. Such notification shall contain a schedule describing the lands and buildings resumed in a form similar to the first schedule bereto. And upon publication
1894.