THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics and idiots, respectively, could have exercised the same power under the authority of this Ordinance, if they had respec- tively been under no disability, and as to such trustees, executors and administrators, on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuique trusts respectively could have exercised the same powers under the authority of this Ordinance if they had respectively been under no disability.
LVIII. The power to release lands from any rent-charge, or incumbrance, and to agree for the apportionment of any such rent-charge or incumbrance shall extend to, and may lawfully be exercised by, every party hereinbefore enabled to sell and assign, or release, lands to the Company.
LIX. The purchase-money, or compensation, to be paid for any lands to be purchased or taken from any party under any disability, or incapacity, and not having power to sell or assign such lands except under the provisions of this Ordinance, and the compensation to be paid for any permanent damage or injury to any such lands, shall not, except where the same shall have been deter- mined by arbitration, or by the valuation of a Surveyor appointed by a Judge in Summary Jurisdiction under the provisions hereinafter contained, be less than shall be determined by the valuation of two able practical Surveyors, one of whom shall be nominated by the Company and the other by the other party, and if such two Surveyors cannot agree in the valuation, then by such third Surveyor as a Judge in Summary Jurisdiction shall upon application of either party, after notice to the other party, for that purpose, nominate; and each of such two Surveyors, if they agree, or, if not, then the Surveyor nominated by the said Judge in Summary Jurisdiction shall annex to the valuation a declaration in writing, subscribed by them or him, of the correctness thereof; and all such purchase-money or compensation shall be deposited in the Bank for the benefit of the parties interested, in manner hereinafter mentioned.
Purchase of lands otherwise than by agreement.
LX. When the Company shall require to purchase or take any of the lands more particularly mentioned and set out in Schedule D. to this Ordinance they shall give notice thereof to all the parties interested in such lands, or to the parties enabled by this Ordinance to sell and assign or release the same, or such of the said parties as shall, after diligent inquiry, be known to the Company, and by such 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.
LXI. If, for twenty-one days after the service of such notice, any such party shall fail to state the particulars of his claim in respect of any such land, or to treat with the Company in respect thereof, or if such party and the Company shall not agree as to the amount of the compen- sation to be paid by the Company for the interest in such lands belonging to such party, or which he is by this Ordinance enabled to sell, or for any damage that may be sustained by him by reason of the execution of the works, the amount of such compensation shall be settled in the manner hereinafter provided for settling cases of disputed compensation.
LXII. 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 inju riously 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, and if in any such case the compensation claimed shall not exceed one thousand dollars, the same shall be settled by a Judge in Summary Jurisdiction.
Parties under disability
to exercise other powers.
Compensation where parties are under disability.
Notice of intention to take lands.
If parties fali to treat question to be settled as hereinafter mentioned.
Where com- pensation does not exceed $1,000
153