962
THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
If parties fail to treat
question to he settled as
hereinafter
mentioned.
Compensation how to be determined.
Proceedings before a Judge in Summary Jurisdiction.
Proceedings before the Chief Justice
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.
71. 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 unt 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.
72. 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 injuri- ously 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, such value and compensation shall be determined, where they together do not exceed one thou- sand dollars, by a Judge in Summary Jurisdiction sitting as sole Arbitrator without a Jury, and, where they together exceed one thousand dollars, by the said Chief Justice sitting as sole Arbitrator without a Jury.
73. When any question of disputed value or compensa- tion by this Ordinance authorized or required to be deter- mined by a Judge in Summary Jurisdiction shall have arisen, it shall be lawful for any Judge in Summary Juris- diction, upon the application of either party, to issue a Summons to the other party to appear before him, or any other Judge in Summary Jurisdiction, at a time and place to be named in the summons, and, upon the appearance
of such parties, or, in the absence of any or either of them, upon proof of due service of the summons, it shall be lawful for the Judge in Summary Jurisdiction who shall hear such summons to hear and determine such question, and, for that purpose, to call for the production of any documents in the possession or power of either party which he may think necessary for the determination of the question in dispute, and to examine such parties, or any of them, and their witnesses upon oath, such oath to be administered in the same manner as oaths are for the time being adminis- tered in the Supreme Court of Hongkong in its Summary Jurisdiction. All proceedings under this Ordinance before a Judge in Summary Jurisdiction shall (except where such proceedings shall be, by this Ordinance, authorized to be taken by way of petition) be instituted by a summons headed" Compensation under the Tramways Ordinance 1882 and every
determination of any Judge in Summary Jurisdiction under this Ordinance shall be given by Judg- ment or Decree and not by formal award. Except as is, herein otherwise provided, the practice to be followed as regards all proceedings under this Section shall be, where not inapplicable, the same practice as that obtaining in the Supreme Court of the Colony of Hongkong in its Sum- mary Jurisdiction under or by virtue of Ordinance No. 14 of 1873, or any modification, by Ordinance, of the said Ordinance, and in particular there shall be a right of appeal from the decision of any Judge in Summary Jurisdiction in manner provided by the said Ordinance No. 14 of 1873. 74. When any question of disputed value or compen- sation by this Ordinance authorized or required to be determined by the said Chief Justice shall have arisen, it shall be lawful for the said Chief Justice, upon the applica- tion of either party, to issue a summons to the other party to appear before him at a time and place to be named in the summons, and, upon the appearance of such parties, or, in the absence of any or either of them, upon proof of due service of the summons, the said Chief Justice may hear and determine such question, and for that purpose may call for the production of any documents in the possession or power of either party which he may think necessary for the determination of the question in dispute, and may examine such parties, or any of them, and their witnesses upon oath, such oath to be administered in the same man- ner as oaths are for the time being administered in the Supreme Court of Hongkong in its Original Jurisdition. All proceedings under this Ordinance before the said Chief Justice shall (except where such proceedings shall be by
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