602
THE HONGKONG GOVERNMENT GAZETTE, 16TH JULY, 1881.
On abandon- ment, power to sell.
Provisions as
to arbitration.
Form and delivery of notices.
contained, demised their undertaking, or the part or parts thereof proposed to be abandoned, to abandon their under- taking, or any part or parts thereof, and to take up the Tramways, or any or either of them, on giving to the Road Authority three months' notice of their intention so to do; and if the Promoters shall abandon the Tramways Nos. 1, 2, 3 and 4, or any or either of them, they shall fill in the ground, and make good the surface, and restore the portion of the road upon which such last mentioned Tramways were laid, in manner provided by, and, in all respects, in accordance with Section 28 of the Tramways Act, 1870.
XLII. If the Promoters shall abandon their undertaking, or any part or parts thereof, under the power herein contained, they shall be at liberty to sell and absolutely dispose of such of the abandoned lands, messuages and premises as shall belong to, or shall be vested in, them, or any Trustee or Trustees, person or persons, for them, or any part or parts thereof, to any person or persons (not necessarily being the same persons), body or bodies corpo- rate (not necessarily being the same bodies), or Company or Companies (not necessarily being the same Companies), at any one time, or at different times, or from time to time, by public auction or private contract, or partly by public auction and partly by private contract, for such price or prices, and under and subject to such stipulations and conditions of sale as the Promoters shall think fit, with power at any such sale to buy in or rescind any contract for sale, and to resell.
Miscellaneous.
XLIII. Where, under this Ordinance or under any Act or Acts of Parliament incorporated herewith, any matter in difference is referred, or required or intended to be referred, for settlement to the arbitration of any person, the provisions of the Lands Clauses Consolidation Act, 1854, for settling by arbitration questions of disputed compensation, shall apply in every such arbitration.
XLIV. With respect to notices, and to the delivery thereof by or to the Promoters, the following provisions shall have effect, that is to say:-
(1.) Every notice shall be in writing or print, or partly in writing and partly in print, and, if given by the Road Authority, shall be signed by the Colonial Secretary, or Acting Colonial Secretary, for the time being, of the said Colony of Hongkong. (2.) Any notice to be delivered by or to the Promoters to or by the Road Authority, or other body, or any Company, may be delivered by being left at the office of the said Colonial Secretary, or at the principal office of that body or Company, or of the Promoters, as the case may be, or by being sent by post in a registered letter addressed (as the case may be) to the said Colonial Secretary, or to the respective Clerk or Secretary of such body or Company, at their principal office, or to the Clerk or Secretary of the Promoters at their principal office.
(3.) Any notice to be delivered by or to the Promoters to or by any person or persons other than as aforesaid, may be delivered by being left at the then present or then last known place of abode · or residence, or at the office or business premises of such person or persons, or of their ostensible Agent or Agents, or other the Agent or Agents who pay the rents, rates and taxes payable in respect of the property of such person or persons, or by being affixed upon some conspicuous part of any lands affected or intended to be affected by such notice, or by being left at the office of the Promoters, as the case may be, or by being sent by post in a registered letter addressed (as the case may be) to such person or persons at his or their then present or then last known place of abode or residence, or at his or their office or business premises, or by being so sent by post addressed to the ostensible Agent or Agents of such person or persons, or other the Agent or Agents aforesaid, or to the Clerk or Secretary of the Promoters at their principal office; and this clause shall be in addition and supplement to and not in substitution for any clause to the like or a similar effect con- tained in any Act or Acts of Parliament incorporated with this Ordinance or herein referred to.