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THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1882.
XCV. Upon any such deposit of money as last aforesaid being made, the cashier of the Bank shall give to the Company, or to the party paying in such money by their direction, a receipt for such money, specifying therein for what and for whose use (described as aforesaid) the same shall have been received, and in respect of what purchase the same shall have been paid in; and it shall be lawful for the Company, if they think fit, to execute a deed poll under their common seal, containing a description of the lands in respect whereof such deposit shall have been made, and declaring the circumstances under which and the names of the parties to whose credit such deposit shall have been made, and such deed poll shall be stamped with the stamp duty which would have been payable upon an assignment to the Company of the lauds described therein; and there- upon all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase-money or compensation shall have been deposited shall vest abso- lutely in the Company, and as against such parties they shall be entitled to immediate possession of such lands.
XCVI. Upon the application by petition or summons of any party making claim to the money so deposited as last aforesaid, or any part thereof, or to the lands in respect whereof the same shall have been so deposited, or any part of such lands, or any interest in the same, the Court or a Judge in Chambers may, in a summary way, as to sneh Court or Judge shall seem fit, order such money to be laid out or invested in or upon any of the securities or investments mentioned in Section 90 of this Ordinance, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands or any part thereof, and may make such other order in the premises as to such Court or Judge shall seem fit.
XCVII. If any question arise respecting the title to the lands in respect whereof such moneys shall have been so paid or deposited as aforesaid, the parties respectively in possession of such lands, as being the owners thereof, or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary be shown to the satisfaction of the Court or Judge; and, unless the contrary be shown as aforesaid, the parties so in possession, and all parties claiming under them, or consistently with their possession, shall be deemed entitled to the money so deposited, and to the dividends or interests of the securities purchased therewith, and the same shall be paid and applied accord- ingly.
XCVIII. In all cases of moneys deposited in the Bank under the provisions of this Ordinance, except where such moneys shall have been so deposited by reason of the wilful refusal of any party entitled thereto, to receive the same, or to assign or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court, or a Judge in Chambers, to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Company (that is to say) the costs of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such moneys by order of the Court, or Judge, and of the re-investment thereof in the purchase of other lands, and also the costs of obtaining the proper orders for any of the purposes aforesaid, and of the orders for the payment of the dividends and interest of the securities upon which such moneys shall be invested, and for the payment out of Court of the principal of such moneys, or of the securities whereon the same shall be invested, and of all proceedings relating thereto, except such as are occasioned by litigation between adverse claimants: Provided always, that the costs of one application only for re-investment in land shall be allowed, unless it shall appear to the Court or Judge that it is for the benefit of the parties interested in the said moneys that the same should be invested in the purchase of lands, in different sums and at different times, in which case it shall be lawful for the Court or Judge to order the costs of any such investments to be paid by the Company.
Upon deposit being made, a receipt to be given, and the Jands to vest upon a deed poll being executed.
Application of moneys 80 deposited.
Party in possession to
be deemed the owner.
Costs in cases of money deposited.
}