THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
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 layfully entitled to such lands, until the contrary be shown to the satisfaction, where the monies so paid or deposited do not exceed one thousand dollars, of a Judge in Summary Jurisdiction, or, where they do exceed one thousand dollars, of the said Chief Justice, 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 accordingly.
97. In all cases of monies deposited in the Bank under the provisions of this Ordinance, except where such monies 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, 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 monies in manner by this Ordinance provided 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 moneis shall be invested, and for the payment out of Court of the principal of such monies, 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 that it is for the benefit of the parties interested in the said monies 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 to order the costs of any such investments to be paid by the Company.
Assignments.
¿
98. Assignments of lands to the Company shall be in such form as the Company shall think fit.
or
99. 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 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.
100. If the Company and the party entitled to any such costs shall not agree as to the amount 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 the Company, and the Company shall pay what the Registran 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 upon the undertaking of the Company, or any part, or parts, thereof, in the manner herein provided for the recovery of unpaid tolls, penalties, or forfeitures, 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.
Costs in cases
of money deposited.
Assignments.
Cost of assignments.
Taxation of costs of *ssignments.
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