THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.
lands so entered upon, together with interest thereon at the rate of six dollars per centum per annum from the time of entering ou such lands until such purchase-money or com- pensation shall be paid to such party, or until the money so deposited shall be deemed to be, or shall be deposited in Court for the benefit of the parties interested in such lands under the provisions herein contained, and the monies so deposited in Court as in the next preceding section men- tioned may, on the application by petition of the Company, be ordered to be invested upon any securities or invest- ments authorised by the Court or a Judge, and upon the objects or object for which such deposit as last aforesaid was made being fully attained or satisfied, it shall be lawful for the Court, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumula- tions thereof, to be re-paid or transferred to the Company, or if such objects or object shall not be fully attained or satisfied, it shall be lawful for the Court to order the same to be applied in such manner as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited.
103. If the Company or any of their contractors shall, except as aforesaid, wilfully enter upon and take possession of any of the said lands mentioned in the said Schedule D., which shall be required to be purchased or permanently used for the purpose of this Ordinance, without such con- sent as aforesaid, or without having made such payment into Court as aforesaid for the benefit or security of the parties interested in the lands, the Company shall forfeit to the party in possession of such lands the sum of fifty dollars, over and above the amount of any damage done to such lands by reason of such entry and taking possession as aforesaid, and if the Company or their contractors shall, after conviction in such penalty as aforesaid, continue in unlawful possession of any such lands, the Company shall be liable to forfeit the sum of one hundred dollars for every day they or their contractor shall so remain in possession as aforesaid, such penalty to be recoverable by the party in possession of such lands, with costs, by a Suit to be instituted in the Court in its original Jurisdiction in the same manner as is hereinbefore provided for in cases of disputed compensation. Provided always that nothing herein contained shall be held to subject the Company to the payment of any such penalties as aforesaid, if they shall bona fide and without collusion have paid the com- pensation which shall have been under the provisions of this Ordinance determined to be paid in respect of the said lands to any person whom the Company may have reasonably believed to be entitled thereto, or shall have paid the same Into Court for the benefit or security of the parties interested in the lands, although such person may not have been legally entitled thereto.
104. If in any case in which, according to the provisions of this Ordinance, the Company are authorized to enter upou and take possession of such of the said lauds men- tioned in the said Schedule D. as are required for the purposes of the undertaking, the owner or occupier of any such lands or any other person refuse to give up the pos- session thereof, or hinder the Company from entering upon or taking possession of the same, it shall be lawful for the Company to issue their warrant to one of the Bailiffs of the Court to deliver possession of the same to the person appointed in such warrant to receive the same, and upon the receipt of such warrant such Bailiff shall deliver possession of any such lands accordingly, and the costs accruing by reason of the issuing and execution of such warrant, to be settled by the Registrar, shall be paid by the person refusing to give possession, and the amount of such costs shall be deducted and retained by the Company from the compensation, if any, then payable by them to such party, or if no such compensation be payable to such party, or if the same be less than the amount of such costs, then such costs, or the excess thereof beyond such com- pensation, if not paid on demand, shall be recovered in the same way as any other costs payable under an order of the said Court.
105. No party shall at any time be required to sell or assign to the Company a part only of any house or other building or manufactory, if such party be willing and able to sell and assign the whole thereof.
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Penalty on the Company entering upon lands without consent before payment of the purchase- money.
Proceedings in case of refusai to deliver possession of lands.
Parties not to be required to sell part of a house.
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