THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
this Ordinance authorized to be take by way of petition) be instituted by a summons headed "Compensation under the Tramways Ordinance 1882.” 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 in its Original Jurisdiction under or by virtue of Ordinances Nos. 12 and 13 of 1873, or any modi- fication, by Ordinance, of either of the said Ordinances. Provided always that the determination of the said Chief Justice shall be final and conclusive, and that there shall be no appeal therefrom by either party. Provided also that such determination shall be given by judgment or decree and not by formal award.
75. The costs of every such enquiry as aforesaid before a Judge in Summary Jurisdiction or (as the case may be) the said Chief Justice shall be in the discretion of such Judge or (as the case may be) the said Chief Justice, unless such Judge or (as the case may be) the said Chief Justice shall adjudge or decree the same, or a less, sum than shall have been offered by the Company, or unless it shall happen that any such enquiry, though held before the said Chief Justice, ought, judging from the amount of compensation adjudged or decreed to be paid, to have been held before a Judge in Summary Jurisdiction, in either of which cases each party shall bear his own costs incident to the enquiry.
76. 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 enquiry be found, shall be determined, where it does not exceed one thousand dollars, by the valuation of such able practical Surveyor as a Judge in Summary Jurisdiction shall nominate for that purpose as hereinafter mentioned, and, where it does exceed one thousand dollars, by the valuation of such able practical Surveyor as the said Chief Justice shall nominate for that purpose as hereinafter mentioned.
77. Upon an ex-parte application by the Company in chambers to a Judge in Summary Jurisdiction or (as the case may be) to the said Chief Justice, and upon such proof as shall be satisfactory to such Judge, or the said Chief Justice, that any such party is, by reason of absence from the said Colony, prevented from treating or cannot after diligent enquiry be found, and that the probable amount of such compensation as aforesaid will not or (as the case may be) will exceed one thousand dollars, such Judge or (as the case may be) the said Chief Justice 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 in the presence of a Justice of the Peace for the said Colony of the correctness thereof.
78. Before such Surveyor shall enter upon the duty of making such valuation as aforesaid, he shall, in the pre- sence 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 subscríbed 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.
79. 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 such valuation, and to all other parties interested therein. 80. All the expenses of, and incident to, every such valuation shall be borne by the Company.
81. In estimating the purchase money or compensation to be paid by the Company in any of the cases aforesaid regard may
be had by the Judge in Summary Jurisdiction or (as the case may be) the said Chief Justice, or such
Costs of enquiry how to be borne.
How compen- Ention to absent parties to be deter- mined,
Nomination
of Surveyor.
Declaration to
be made by the Surveyor.
Valuation, &c. to be produced to the owner of the lands on demand.
Expenses to be borne by Company.
Damage for severance, &c., may be in- cluded in com- pensation.
963