418
THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1889.
Power to enter into agree- ments with
assenting lessees.
Errors in quantity or area of land agreed to bu granted.
Each lessoc io bear acual
cost of his portion of reclamation.
Compensation TO ROD-AN>nt- ing lessons.
Extraorary expenses et works. hato be baru
Provision for
cost of works not borne by Jessoes.
a period of two months from the date of such "notification, signify respectively in writing their acceptance of the portious of the land assigned to them on the said plan and of their intention to enter into an agreement.
(iii.) On the expiration of two months from the date of such notification as aforesaid and within a further period of one month it shall be lawful for the Governor if he think fit to enter into an agree- ment with the lessees individually who have signified their intention and acceptance as aforesaid, such agreement being upon the terms and subject to the conditions in the form in the Schedule to this Ordinance; and the Governor is hereby empowered to dispose of the reclaimed- land in accordance therewith.
(iv.) Notwithstanding any such agreement as afore- said shall have been signed by any lessee, if any error in quantity or area of land agreed to be granted shall be discovered by either party thereto prior to the grauting of a Crown lease of such land it shall be lawful for the Governor in Council to rectify and readjust the same and to graut a less or greater portion of land as the case may be, and to alter accordingly the lessees contribution: Provided always that the lessee, if his portion of land is diminished, shall have the option, if he so elect, of cancelling the said agreement and thereupon all moneys he shall have already paid shall be refunded. (v.) Notwithstanding anything contained in the Sche- dule to be deposited in the said Office as aforesaid or in any agreement entered into in pursuance of this Ordinance no lessee shall (save as provided by sub-section (vii) of this section) be liable for more than the actual cost of the reclamation of the land agreed to be granted to him and of all works authorized by this Ordinance in connection therewith (such actual cost in case of doubt to be decided by the Governor in Comicil) and if such cost shall exceed or be less than the amount estimated or named in such Schedule or any agreement as aforesaid the lessee shall bear and pay such excess or be entitled to the benefit of such less sum and to a proportionate refund.
(vi.) In case any lessee shall not signify his acceptance in the manner and within the time provided in sub-sections (ii and iii) of this section he shall have no claim to any compensation in respect of any depreciation of his lot by reason of the said works, but the Governor may if he thinks fit award to him such a sum of money or such a Crown Lease of new land as he may in his abso- lute discretion think sufficient as and by way of Compensation for any injury that such lessée may have sustained by the said works.
(vii.) If from time to time before the completion of the said works any extraordinary loss, damage or expense is caused to or rendered necessary. for the said works or for any portion thereof by or in consequence of any unforeseen difficul- ties that may present themselves in the progress of the said works or by or in consequence of any typhoon or storm or other catastrophe such loss, damage or expense shall when it has been ascertained by the Surveyor General and certified by him to the Governor in Council, be made good by the lessees who have entered into agree- ments in pursuance of this section such lessees contributing such a proportion of the sum re- quired, as the Surveyor General shall certify to be equivalent to the proportion which the amount of the lessee's contribution mentioned in his agreement bears to the total cost of the said works.
(viii.) So much of the cost of the said works as shall not be contributed by the lessees under the provisions of this Ordinance shall be defrayed out of the Public Revenues of the Colony.