{
974
THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
Where greater interest
claimed tha11
at will, lease to be
produced,
Limit of time
for con-
pulsory
purchase.
Company empowered to
purchase interests in lands, the purchase
whereof muy have been omitted by mistake.
How value of such lands to be estimated.
Company to
pay the costs of litigation as to snch lands,
in case the parties differ about the same by a Surveyor in the same manner as is herein before provided with respect to the apportionment of rent charges, chief, or other rents, or other payments or incumbrances not provided for, and upon payment or tender of the amount of such compensa- tion all such persons shall respectively deliver up to the Company or to the person appointed by them to take possession thereof, any such lands in their possession required for the purposes of this Ordinance.
122. 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 twen- ty-one days, the party so claiming compensation shall be considered as a tenant holding only from month to month, and be entitled to compensation accordingly.
Limit of compulsory powers.
123. The powers of the Company for the compulsory purchase or taking of lands for the purposes of this Ordi- nance shall not be excercised after the expiration of three years from the passing of this Ordinance.
Interests omitted to be purchased.
124. 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 purposes 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 fiually 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 Company 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 accord- ing to the provisions of this Ordinance the same respec- tively 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.
125. 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 Judge in Summary Jurisdiction or (as the case may be), the said Chief Justice, or Surveyor, shall assess the same according to what he 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 Compauy, 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.
126. In addition to the said purchase-money, compen- sation, 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 Com- pany 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