166
THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
Where greater
interest claimed than
at will, lease to be
produced.
Limit of time
for com-
pulsory
purchase.
Company empowered to purchase interests in lands, the purchase
whereof may have been omitted by mistake.
How value of such lands to be estimated.
Company to pay the costs of litigation 48 to such lands.
f'ower to appeal from
award.
CXXIV. If any party, having a greater interest than as tenant-at-will, or monthly tenant, claim compensation in respect of any unexpired term or interest under any lease of any such lands, the Company may require such party to produce the lease in respect of which such claim shall be made, or the best evidence thereof in his power; and, if, after demand made in writing by the Company, such lease or such best evidence thereof be not produced within twenty- one days, the party so claiming compensation shall be con- sidered as a tenant holding only froin mouth to month, and be entitled to compensation accordingly.
Limit of compulsory powers.
CXXV. The powers of the Company for the com- pulsory purchase or taking of lands for the purposes of this Ordinance shall not be exercised after the expiration of three years from the passing of this Ordinance.
Interests omitted to be purchased.
CXXVI. If at any time after the Company shall have entered upon any lands which, under the provisions of this Ordinance, they were authorized to purchase, and which shall be permanently required for the purpose of this Ordinance, any party shall appear to be entitled to any estate, right, or interest in or charge affecting such lands which the Company shall, through mistake or inadver- tence, have failed or omitted duly to purchase, or to pay compensation for, then, whether the period allowed for the purchase of lands shall have expired or not, the Company shall remain in the undisturbed possession of such lands, provided, within three months after notice of such estate, right, interest, or charge, in case the same shall not be disputed by the Company, or in case the same shall be disputed, then within three months after the right thereto shall have been finally established by law in favour of the party claiming the same, the Company shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the Com- pany thereon and the time of the payment of such purchase- money or compensation by the Company, so far as such mesne profits or interest may be recoverable in law or equity; and such purchase-money or compensation shall be agreed on or awarded and paid in like manner as according to the provisions of this Ordinance the same respectively would have been agreed on, or awarded, and paid, in case the Company had purchased such estate, right, interest, or charge before their entering upon such land, or as near thereto as circumstances will admit.
CXXVII. In estimating the compensation to be given for any such last-mentioned lands, or any estate or interest in the same, or for any mesne profits thereof, the arbitrators, umpire, or Judge in Summary Jurisdiction as the case may be, shall assess the same according to what they shall find to have been the value of such lands, estate, or interest, and profits, at the time such lands were entered upon by the Company, and without regard to any improvements, or works, made in the said lands by the Company, and as though the works had not been constructed.
CXXVIII. In addition to the said purchase-money, com- pensation, or satisfaction, and before the Company shall become absolutely entitled to any such estate, interest, or charge, or to have the same merged or extinguished for their benefit, they shall, when the right to any such estate, interest, or charge, shall have been disputed by the Company and determined in favour of the party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof shall have taken place; and such costs and expenses shall, in case the same shall be disputed, be settled by the Registrar.
Power to appeal.
CXXIX. If the Company, or any party, shall be dis- satisfied with the award of any arbitrator, or umpire, made under the provisions of this Ordinance in respect of the amount of any compensation to be paid, the Company, or such party, may appeal therefrom by petition to the Governor in Council, provided that such petition of appeal