THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.
notice shall demand from such parties the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof; and every such notice shall state the particulars of the lands so required, and that the Company are willing to treat for the purchase thereof, and as to the compensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works.
71. Within twenty one days after the service of such notice (exclusive of the day of service) every party upon whom the same is served shall give notice to the Company stating the particulars of his claim in respect of such land and the compensation which he is willing to accept for the same.
any
72. Within twenty one days after the service on the Company of such last mentioned notice (exclusive of the day of service) the Company shall in writing state to the party giving the same whether or not they will pay the compensation required by such party, and, if not, then they shall state what compensation they are willing to pay to such party, and within twenty one days after the service on such party by the Company of such intimation (exclu- sive of the day of service) such party shall give notice to the Company whether or not he will accept the compensa- tion that the Company are willing to pay.
73. If the Company or any such party as aforesaid fail to serve the said respective notices aforesaid within the respective times aforesaid, or if no agreement be come to between the Company and the owners of or parties by this Ordinance enabled to sell, and assign, or release, any of the said lands mentioned in the said Schedule D, and taken or required for, or injuriously affected by the execution of the undertaking, or any interest in such lands, as to the value of such lands, or of any interest therein, or as to the compensation to be made in respect thereof, or for any damage that may be sustained by reason of the execution of the works, the amount of such value, compensation, or damage shall be determined by a suit to be instituted in the Court in its original jurisdiction.
74. Every such suit shall be commenced by a Writ of Summons headed Compensation under the Tramway's Ordinance 1882, and shall be issued by the Registrar of the Court on the filing by the Company of a præcipe for the same, or on the filing by the party claiming compen- sation, if the Company shall not, within fourteen days after service upon them by such party of a notice requiring them so to do, file their præcipe for such Writ.
75. The plaintiff shall be at liberty to make upon the Writ of Summons and copy thereof a special Indorsement, which indorsement may be in the form shown in Schedule E to this Ordinance, or as near thereto as the circumstances of the case will admit of.
76. After the appearance of the Defendant to a Writ specially endorsed, or in case of non-appearance, the Company may, within seven days after the time limited for appearance, apply by Summons in Chambers for a reference to the Registrar to ascertain the amount of such value, compensation, or damage as aforesaid, and thereupon the Judge may make such order as he shall think fit. If the Company do not make such application within the time aforesaid, the other party may, within five days after the expiration of such seven days, make such application.
77. Except as is herein otherwise provided, the practice to be followed in every such suit as aforesaid, and the pro- ceedings therein, shall be the same as the practice and proceedings for the time being obtaining in suits in the Court in its Original Jurisdiction, save that, if it appears to the Court, or a Judge, that no question is in issue between the parties beyond the amount of compensation to be awarded, it shall not be necessary to file any written pleadings, but the Court, or Judge, may make such order on the confirmation of the Registrar's report as to it, or him, may seem just, and the costs of the suit shall be in the discretion of the Court, unless the same or a less sum than shall have been offered by the Company shall be directed to be paid by them, in which case each party shall bear his own costs.
Particulars of claim to be delivered.
Company to state what compensation they will pay.
Compensation to be deter- mined by s1zident
Writ to issue.
Special in- dorsement.
Application
for reference❤
Practice to be followed.
Costs.
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