156
THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
Award not void through error in form.
Compensation to absent parties to he determined by a Surveyor appointed by a Judge in Summary Jurisdiction.
A Judge in Summary Jurisdiction
to nominate a Surveyor.
Declaration to be made by the Surveyor.
Valuation, &c. to be produced to the owner of the lands on deunind.
Expenses to be
borne by Company.
Purchase. money and compensation, how to be estimated.
Where com!- pensation to absent party has been determined by a Surveyor, the party may have the same submitted to arbitration
LXXVII. No award made with respect to any question referred to arbitration under this Ordinance shall be set aside for irregularity, or error, in matter of form.
LXXVIII. The purchase-money or compensation to be paid for any of the said lands mentioned in the said Schedule D., and required to be purchased or taken by the Company from any party who, by reason of absence from the Colony of Hongkong, is prevented from treating, or who cannot, after diligent inquiry, be found, or who shall not appear at the time (if any) appointed for the inquiry before the arbitrators or their umpire, as hereinbefore provided for, shall be such as shall be determined by the valuation of such able practical Surveyor as a Judge in Summary Jurisdiction shall nominate for that purpose as hereinafter mentioned.
LXXIX. Upon application by the Company in Chambers to a Judge in Summary Jurisdiction and upon such proof as shall be satisfactory to him, that any such party is, by reason of absence from the said Colony, prevented from treating, or cannot, after diligent inquiry, be found, or that any such party failed to appear on such inquiry before the arbitrators or their umpire as aforesaid, such Judge in Summary Jurisdiction shall by writing under his hand, nominate an able practical Surveyor for determining such compensation as aforesaid, and such Surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof.
LXXX. Before such Surveyor shall enter upon the duty of making such valuation as aforesaid, he shall, in the presence of a Justice of the Peace make and subscribe the declaration following at the foot of such nomination, (that is to say)
"I, A. B., do solemnly and sincerely declare that I will faithfully, impartially, and honestly, accord- ing to the best of my skill and ability, execute the duty of making the valuation hereby referred
to me.
"Made and subscribed in the presence of
[A, B.] And if any Surveyor shall corruptly make such declaration, or having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour.
LXXXI. The said nomination and declaration shall be annexed to the valuation to be made by such Surveyor, and shall be preserved together therewith by the Company, and they shall at all times produce the said valuation and other documents, on demand, to the owner of the lands comprised in snel valuation, and to all other parties interested therein. LXXXII. All the expenses of, and incident to, every such valuation shall be borne by the Company.
LXXXIII. In estimating the purchase-money or com- pensation to be paid by the Company in any of the cases aforesaid, regard shall be had by the Judge in Summary Jurisdiction, arbitrators, umpire or Surveyors, as the case may be, not only to the value of the land to be purchased or taken by the Company, but also to the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of the powers of this Ordinance, and to the fact that the lands taken are so taken from such owner compulsorily.
LXXXIV. When the compensation payable in respect of any of the said lands mentioned in the said Schedule D., or any interest therein shall have been ascertained by the valu- ation of a Surveyor, and deposited in the Bank under the provisions herein contained, by reason that the owner of, or party entitled to assign, such lands, or such interest therein as aforesaid, could not be found, or was absent from the said Colony of Hongkong; if such owner or party shall be dissatisfied with such valuation, it shall be lawful for him, before he shall have applied to the Court for payment or investment of the moneys so deposited under the provisions herein contained, by notice in writing to the Company to require the question of such compensation to be submitted to arbitration, and thereupon the same shall be so submitted accordingly in the same manner as in other cases of dis- puted compensation hereinbefore authorized or required to be submitted to arbitration.