584
THE HONGKONG GOVERNMENT GAZETTE, 29TH JUNE, 1889.
Constitution of Board,
Notification of
Constitution of Board.
No suit to lie but claims to be sent in
writing to the Board.
Consideration of claims.
Powers of Board.
(ii.) Such notice shall be published in the Gazette in English and Chinese and copies thereof shall be affixed upon a conspicuous part of the land to be resumed, and such publication shall be deemed to be notice to the owner and to every person interested in the land or having any right or easement therein.
(iii.) On the expiration of four mouths as aforesaid the land shall revert to the Crown and all rights of the owner his assigns or representatives or of any other person in or over the land or any part thereof shall absolutely cease.
4. After the expiration of four months as aforesaid a Board shall be appointed to determine the amount of com- pensation to be paid in respect of such resumption or taking and such Board shall in each case consist of three members and be constituted in manner following, viz.:-
(1.) The Chairman of the Board shall be such judge of the Supreme Court as the judges may from time to time mutually arrange.
(2.) The two other members of the Board, shall consist of one member to be nominated by the Governor and the other by the owner of the land resumed provided always that the member nominated by the Governor may be the Surveyor General or any public officer,
(3.) Notice in writing of the nomination by the Go- vernor of a member of the board shall be forth- with given to the owner by publication in the Gazette, and if he shall not nominate a member of the Board within seven days from the date of such publication it shall be lawful for the Chair- man to nominate and appoint any person other than a member of the Colonial Civil Service on behalf of such owner.
(4.) The Governor may also appoint some person to act as clerk to the Board at such remuneration as he may think fit.
5. The constitution of such Board shall be notified in. the Gazette and within fourteen days from such notification the Board shall commence its sittings at such time and place as the Chairman may in and by such notification or by any other notification in the Gazette appoint.
6. No suit or action shall lie either against the Crown or against any other person for any loss or damage resulting to any person from any resumption of any land as aforesaid but any person claiming compensation whether as owner or otherwise by reason of such resumption shall before the commencement of the sittings of the Board transmit to the clerk of the Board if appointed or if no clerk be appointed to the Colonial Secretary for transmission to the Board a written claim stating the nature of his right or interest in the land and the amount which he seeks to recover.
7. Every claim shall be separately considered and adju- dicated upon unless the parties otherwise agree.
8. The Board when constituted shall have the following powers and authorities, viz.:-
(1.) To determine the compensation to be paid in respect of such resumption or in respect of the extinction of any right or easement caused by such resump- tion regard being had not only to the value of the land taken and any buildings thereon but also to any damage or injury resulting to the owner of the land resumed by reason of the severance of such land from other land of such owner conti- guous thereto, and to award compensation in respect of such resumption or extinction to all persons claiming compensation to whom the Board may find compensation to be due.
(2.) To award costs in their discretion either for or against the Crown, or for or against any parties elaiming compensation, such costs in case of dif- ference to be settled by the Registrar of the Supreme Court.
(3.) All such powers as are now or may be licreafter vested in the Supreme Court of the Colony or in any Judge thereof on the occasion of any suit or action in respect of the following matters:-
(a.) The enforcing the attendance of wit- nesses and examining them on oath or otherwise as they may think fit. (b.) The compelling the production of any
documents.
(c.) The punishing persons guilty of contempt. (d.) The ordering an inspection of premises. (e.) To enter and view any premises.