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THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
Assignments.
Costs of assignments.
Taxation of costs of
assignments,
Payment of
price to be
inade previous
to entry, Except to survey, &c.
Company to be allowed to enter on lands before
purchase, on making deposit by way of security and giving bund.
Assignments.
XCIX. Assignments of lands to the Company may be in such form as the Company may think fit.
C. The costs of all such assignments shall be borne by the Company, and such costs shall include all charges and expenses incurred, on the part as well of the seller as of the purchaser, of all assignments and assurances of any such lands, and of any outstanding terms or interests therein, and of deducing, evidencing, and verify- ing the title to such lands, terms or interests, and of making out and furnishing such abstracts and attested copies as the Company may require, and all other reason- able expenses incident to the investigation, deduction and verification of such title.
CI. If the Company and the party entitled to any such costs shall not agree as to the amouns thereof, such costs shall be taxed by the Registrar of the Court upon an order of the Court, to be obtained upon petition in a summary way by either of the parties; and the Company shall pay what the Registrar shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs payable under an order of the said Court, or the same may be recovered by distress in the manner hereinbefore provided in other cases of costs; and the expense of taxing such costs shall be borne by the Company, unless upon such taxation one-sixth part of the amount of such costs shall be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the Registrar and deducted by him accordingly in his certi- ficate of such taxation.
Entry on Lands,
CII. 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 deposited in the Bank, in the manner herein mentioned, the purchase-money or compensation agreed or awarded to be paid to such parties respectively for their respective interests therein: 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 com- pensation for any damage thereby occasioned to the owners or occupiers thereof.
CIII. 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 an award made for the pur- chase-money or compensation to be paid by them in respect of such lands, it shall be lawful for the Company to deposit in the Bank by way of security, as hereinafter mentioned, either the amount of purchase-money or compensation 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 a Surveyor appointed by a Judge in Summary Jurisdiction in the manner hereinbefore provided in the case of parties who cannot be found, be deter- mined 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 to such party a bond, under the common seal of the Company, with two sufficient sureties to be approved of by a Magistrate in case the parties differ in a peual sum equal to the sum so to be deposited, conditioned for payment to such party, or for deposit in the Bank, 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 lands so entered upon, together with interest thereon, at a rate of six dollars per centum per annum, from the time of entering on such lands, until such pur- chase-money or compensation shall be paid to such party or deposited in the Bank for the benefit of the parties