512
THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.
Farment of pries to be
aade previous
to entry, except to Survey, d
Company to be allowed to
enter on lands hefore purchase, on making deposit by way of
security and giving bond.
Monies to remain as a security, and to be applied under the direction of the Court,
Entry on Lands.
100. The Company shall not, except by consent of the owners and occupiers, enter upon any of the said lands mentioned in the said Schedule D., and which shall be required to be purchased or permanently used for the pur- poses and under the powers of this Ordinance, until they shall either have paid to every party having any interest in such lands, or paid into Court in the manner herein men- tioned the purchase-money or compensation to be paid to such parties respectively for their respective interests there- in: Provided always that for the purpose merely of surveying such lands, and of setting out the line of the works, it shall be lawful for the Company, after giving not less than three nor more than fourteen days' notice to the owners or occupiers thereof, to enter upon such lands without previous consent, making compensation for any damage thereby occasioned to the owner or occupiers thereof.
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101. Provided also, that if the Company shall be desirous of entering upon and using any of the said lands mentioned in the said Schedule D. before an agreement shall have been come to, or the purchase-money or com- pensation to be paid by them in respect of such lands shall have been determined as herein provided, it shall be lawful for the Company to pay into Court by way of security either the amount of purchase-money or compen- sation claimed by any party interested in, or entitled to sell and assign such lands, and who shall not consent to such entry, or such a sum as shall, by the Court or a Judge upon petition in a Summary way be determined to be the value of such lands or interest therein which such party is entitled to or enabled to sell and assign, and also to give or tender to such party a bond, under the common seal of the Company, with two sufficient sureties to be approved of by such Court or Judge in case the parties differ, in a penal sum equal to the sum so to be deposited, conditioned for payment to such party, or for payment into Court, for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained, of all such purchase-money or compensation as may in man- ner herein before provided be determined to be payable by the Company in respect of the lands so entered upon, toge- ther with interest thereon, at the rate of six dollars per centum per annum, from the time of entering on such lands until such purchase-money or compensation shall be paid to such party or into Court for the benefit of the parties interested in such lands under the provisions herein contained; and upon such payment by way of security being made as aforesaid, and such bond being delivered or tendered to such non-consenting party as aforesaid, it shall be lawful for the Company to enter upon and use such lands, without having first paid the purchase-money or compensation in other cases required to be paid by them before entering upon any lands to be taken by them under the provisions of this Ordinance. Provided always that, if it shall be shown to the satisfaction of the Court or a Judge that such non-consenting party as aforesaid be absent from the Colony, whether temporarily or permanently, or in hiding, or cannot after diligent enquiry be found, then such Court or Judge may order such bond as aforesaid to be dispensed with, and may authorise the Company to enter upon and use any of the said lands mentioned in the said Schedule D. after first paying into Court by way of security either the amount of purchase-money or compen sation claimed by such non-consenting party, or such a sum as shall by such Court or Judge be determined upon peti-' tion in a Summary way to be the value of such lands or interest therein which such non-consenting party is entitled to or enabled to sell or assign,
102. The money so paid into Court as last aforesaid shall remain in Court by way of security to the parties whose lands shall so have been entered upon, for the performance of the condition of the bond to be given by the Company as hereinbefore mentioned, or where such bond has been dispensed with as aforesaid, for the payment to the parties whose lands shall so have been entered upon, or for deposit in Court for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained, of all such purchase-money or compensation as may in manner hereinbefore provided be determined to be payable by the Company in respect of the