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OCTOBER 23, 1858.]
The Honghong Government Gazette,
An Ordinance to provide for the erection of a Public Way along the Water Frontage of the City of Victoria.
[
October, 1858.]
Whereas it is desirable that a Public Way should be crected continuously along the Water Frontage he City of Victoria : Be it enacted, and ordained by His Excellency the Governor of Hongkong, with Advice of the Legislative Council thereof, as follows:-
I. It shall be lawful for the Governor to give authority to the Surveyor General to construct, or ure to be constructed, one uniform and continuous Quay or Praya, and all Works connected therewith, the Water Frontage of the City of Victoria, extending from Navy Bay at the extreme West thereof, Wong-nei-choong at the extreme East thereof.
II. The said Quay or Praya shall be called the Bowring Praya.
II. The said Quay or Praya and Works connected therewith shall be erected from Designs and Plans ared by the Surveyor General; and the Ground Plan thereof shall be exhibited for Public inspection Office of the Surveyor General during Office-hours for a period of Two Weeks, before any Works he commenced by him under the authority of this Ordinance.
IV. In the event of any difficulty occurring in the prolongation of the "Boundary Lines" of Marine through Land reclaimed or to be reclaimed from the Sea, it shall be lawful for the Surveyor General 5x and determine the direction and extent of such prolonged Boundary Lines, provided that he do first rt the same on the Plans of the said Praya and Works so open to Public inspection as aforesaid.
V. It shall be lawful for the Governor, on the recommendation of the Surveyor General, to authorize I give effect to any Compromise to be come to, between the Governor on behalf of the Crown, and the er of the Crown Lease of any Marine Lot, by which the Claims of such Holder and the Claims of the a respectively, may be adjusted equitably and to the advantage of the Colony. And for this purpose be lawful for the Governor to sanction the erection, by any such Marine Lot-holder, of the portion of said Praya to be erected immediately in front of his own Lot: Provided only that the Frection of any portion of the said Praya shall be carried on and completed under the inspection and to the satisfaction
Surveyor General, and in accordance with the Plan by him prepared or approved.
VI. The Surveyor General shall in every ensuing Year, at some time before the Month of June, submit the Governor a Statement of the portion of the Works proposed by him to be carried out under this Inance within the Year next following, and Estimates of the Expenditure to be incurred on account Peof. And it shall be lawful for the Governor to propose such Estimates, or any of them, in any Ordin- , making Provision for the Contingent Expenditure of the Colony to be dealt with in like manner as any
Estimate to be so proposed.
VII. It shall be lawful for the Surveyor General, and all Officers, Servants, and Workmen employed er under him, at all times, and with all necessary means and appliances, to enter upon all or any Lands sent or approaching to the site of the said Praya, in the course of its erection, and to do thereon all
shall be necessary for carrying out the Works provided for by this Ordinance.
VIII. If any Person shall wilfully obstruct any Person acting under the authority of this Ordinance, estroy, remove, or injure any Timber, Stone, or other Materials to be employed in or about the erection the said Praya, or shall deface any Marks which shall have been made for the purposes of this Ordinance,
all forfeit for every such Offence a Sum not exceeding Fifty Dollars.
IX. Every Holder of the Crown Lease of a Marine Lot who shall sustain any Loss or Damage by atson of any Work, Matter or Thing done under the authority of this Ordinance, on the Area occupied by Tenant and set forth in the Lease aforesaid, shall be entitled to Compensation; and the Amount to be paid ach Compensation shall be assessed by the Sheriff and a Common Jury, in the same manner as in cases te Judgment has been suffered to go by default by a Defendant in an Action-at-Law. And on return te by the Sheriff of the Amount assessed as such Compensation as aforesaid, it shall be lawful for the Go, or to direct such Amount to be paid by the Colonial Treasurer to the Person entitled to receive the same. X. Whenever it shall appear to the Governor on the report in writing of the Surveyor General, that it cessary for the completion of the Works to be carried on under this Ordinance, that Her Majesty should possession of any Lands or Tenements or Erections of any kind not belonging to the Crown, it shall be for the Governor to purchase the same on behalf of the Crown on such Terms as shall be fixed by the yor General; and if the Person entitled to the said Lands shall refuse to accept the said Terms, then it be lawful for the Governor to direct an Assessment of the Compensation or Consideration to be paid to Person entitled thereto for the purchase of the same Lands, Tenements, or Erections, in the same her as is hereinbefore provided for the assessment of Compensation to be allowed in respect of damage Marine Lot-holders. And it shall be competent to the Sheriff and the Jury empanelled for the purpose of bg such Assessment, to enter upon and view the said Lands, Tenements, or Erections. And after Return by the Sheriff of the Amount found by the said Jury to be payable as Compensation in respect of the Lands, Tenements, or Erections, it shall be lawful for the Governor to direct payment of the said Amount be made out of the Colonial Treasury to the Person entitled thereto, and to direct the Surveyor General ke possession of the said Lands, Tenements, or Erections in the name of the Crown. And no assignment conveyance of the said Lands or Tenements shall be deemed necessary to vest the same in the Crown ceforth, but a Declaration shall be made by the Surveyor General of his having taken possession as aforesaid, with a Statement of the Amount of Compensation as assessed, and a description of the ses so taken by metes and bounds; and a Memorial of the said Declaration having been registered at Land-office, it shall be considered thenceforth as Evidence of the vesting of the said Premises in Her ty and Her Successors to all intents and purposes whatsoever; and no claim shall thereafter lie of the Crown in respect of the said premises, except for the Consideration or Compensation assessed as Ale for the same, as is hereinbefore provided.
And whereas many unauthorized encroachments have been made by Holders of Marine Lots upon cabelów High-water mark, and Land reclaimed at great experise, and it is desirable that the said Ars should be permitted to retain possession of the Lands so reclaimed upon payment of an equitable
therefor: It is hereby further ordained as follows:--
M. It shall be lawful for the Governor to permit any Piece or Parcel of Land so reclaimed from the Sea, t grant or license from the Crown, to be rented with the Marine Lot in front of which the said Land have been so reclaimed by the Holders of the Crown Lease thereof, upon such Terms as shall be agreed tween the said Holders and the Surveyor General; and if the said Holders and the Surveyor General agree, then it shall be lawful for the Governor to direct an Assessment of the Rent reasonably to arged in respect of the Land so reclaimed, in the same manner as is hercinbefore provided for the ment of Compensation to be allowed in respect of Damages to the Marine Lot-holders; and for the e of making such Assessment, it shall be competent to the Sheriff and the Jury thereto empanelled, to upon and view the Land so reclaimed as aforesaid. And after return made by the Sheriff of the t found by the said Jury to be reasonably chargeable as the rent of the said Land so reclaimed, then all be lawful for the Governor to offer the said Land to be held as aforesaid with the Marine Lot in front
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