968
THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
Payment of price to be made 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 bond.
Upon deposit being made, cashier to give receipt.
Entry on Lands.
101. 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 adjudged or decreed to be paid to such parties respectively for their respective interests therein: Provided always, that for the purpose merely of surveying such lauds, and of set- ting 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 compensation for any damage thereby occasioned to the owner or occupiers thereof.
102. Provided also, that, if the Company shall be desirous of entering upon and using any of the said lands mentioned in the sail Schedule D. before an agreement shall have been come to, or a Judgment or decree delivered for the purchase-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, or (as the case may be) the said Chief Justice, in the man- ner herein before provided in the case of parties who cannot be found, be determined 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 or tender to such party a bond, under the common seal of the Company, with two sufficient sureties to be approved of by such Judge or (as the case may be) the said Chief Justice, in case the parties differ, in a penal 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 theroon, at the rate of six dollars per centum per annum, from the time of entering on such lands, until such purchase-money or compensation shall be paid to such party or deposited in the Bank for the benefit of the parties interested in such lands under the provisions herein contained; and upon such deposit by way of security being made as aforesaid, and such bond being delivered or tendered to such non-consenting party as aforesaid, it shall be lawful for the Company to enter upon and use such lands, without having first paid or deposited the purchase-money or compensation in other cases required to be paid or deposited by them before entering upou any lands to be taken by them under the provisions of this Ordi- nance. Provided always that, if it shall be shown to the satisfaction of such Judge or (as the case may be) the said Chief Justice that such non-consenting party as aforesaid be absent from the Colony, whether temporarily or permanently, or in hiding, or cannot after diligent enquiry he found, then such Judge or (as the case may be) the said Chief Justice may order such bond as aforesaid to be dispensed with, and may authorise the Company to enter upon and use any of the said lands mentioned in the said Schedule D. after first depositing in the bank by way of security as hereinafter mentioned either the amount of purchase-money or compen- sation claimed by such non-consenting party, or such a sum as shall by such Surveyor as aforesaid be determined to be the value of such lands or interest therein which such non- consenting party is entitled to or enabled to sell or assign.
103. The money so to be deposited as in the next pre- ceeding section mentioned shall be paid into the Bank to be placed to the account of the Registrar of the Court to the credit of the parties interested in, or entitled to sell and assign, the lands so to be entered upon, and who shall not have consented to such entry, subject to the control and disposition of the Court; and upon such deposit being made, the cashier of the Bank shall give to the Company, or to the party paying in such money by their direction a receipt