136
Preamble.
Power to construct Praya.
Name of Praya.
Praya to be erected
according to Plans pre viously published.
Prolongation Boundary Lines
Lots affected.
Holders of Marine
Lots affected.
The Hongkong Government Gazette.
HONGKONG.
[JANUARY 15, 1859.
ANNO VIGESIMO SECUNDO VICTORIE REGINÆ.
No. of 1859.
By The Honourable Lieutenant-Colonel WILLIAM CAINE, Acting Governor and Commander-in-Chi of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, with the Advice of th Legislative Council of Hongkong.
An Ordinance to provide for the erection of a Public Way along the Water Frontage of the City of Victoria.
[ January, 1859.] Whereas it is desirable that a Public Way should be erected continuously along the Water Frontag of the City of Victoria: Be it enacted and ordained by The Honourable the Acting Governor of Hong kong, with the Advice of the Legislative Council thereof, as follows:-
1. It shall be lawful for the Governor to give authority to the Surveyor General to construct, e procure to be constructed, one uniform and continuous Quay or Praya, and all Works connected therewith along the Water Frontage of the City of Victoria, extending from Navy Bay at the extreme West thereof to Wong-nei-choong at the extreme East thereof.
II. ~ The said Quay or Praya shall be called the Bowring Praya.
III. The said Quay or Praya and Works connected therewith shall be erected from Designs and Plan prepared by the Surveyor General; and the Ground Plan thereof shall be exhibited for Public inspectio in the Office of the Surveyor General during Office-hours for a period of Two Weeks, before any Work shall be commenced by him under the authority of this Ordinance.
of IV. In the event of any difficulty occurring in the prolongation of the "Boundary Lines" of Marin of Lots through Land reclaimed or to be reclaimed from the Sea, it shall be lawful for the Surveyor Gener to fix and determine the direction and extent of such prolonged Boundary Lines, provided that he do fir insert 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 authoriz Power to give effect to compromises be- and give effect to any Compromise to be come to, between the Governor on behalf of the Crown, and th tween the Crown and Holder of the Crown Lease of any Marine Lot, by which the Claims of such Holder and the Claims of th Crown respectively, may be adjusted equitably and to the advantage of the Colony. And for this purpos it shall be lawful for the Governor to sanction the erection, by any such Marine Lot-holder, of the portion ( the said Praya to be erected immediately in front of his own Lot: Provided only that the Erection of an such portion of the said Praya shall be carried on and completed under the inspection and to the satisfactic of the 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, subm annually submitted by to the Governor a Statement of the portion of the Works proposed by him to be carried out under th Surveyor General,
Ordinance within the Year next following, and Estimates of the Expenditure to be incurred on accou thereof. And it shall be lawful for the Governor to propose such Estimates, or any of them, in any Ordi ance, making Provision for the Contingent Expenditure of the Colony to be dealt with in like manner as an other Estimate to be so proposed.
Estimates to be
Power of Entry to Surveyor General,
Penalty for obstruc- tion, &c.
Provision for as-
Lots.
Power of compul-
perty required for
dinance.
VII. It shall be lawful for the Surveyor General, and all Officers, Servants, and Workmen employɛ by or under him, at all times, and with all necessary means and appliances, to enter upon all or any Land adjacent or approaching to the site of the said Praya, in the course of its erection, and to do thereon: that 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 Ordinanc or destroy, remove, or injure any Timber, Stone, or other Materials to be employed in or about the erecti of the said Praya, or shall deface any Marks which shall have been made for the purposes of this Ordinanc he shall forfeit for every such Offence a Sum not exceeding Fifty Dollars.
(JANUARY
purpose of ma enter upon a Amount found
it shall be law of which it sh the folder of ed as aforesai of tiround by adjoining in p tion shall be u reclamation fi
before provid XIL Pr
•carrying out i of the Survey date any Arri having comm
No. 1.
CHARLI
Her Majest
Superir
THE CRIMIN
T COURT.
Eighteenth day. ‹ * Noon.
By Ord
In re WILLI.
**
DANIE
OTICE IS
OF KIN a
WILL or COI
in their possi SATURDAY,
. 1859; or, ii refuse LETT
which, Adminis trar of the said
By th
IIE Partn GUSTAV C BOWER, under ·
is this day diss
All outstand
successors.
their
Shangbae, 31
unders
as MERC
IX. Every Holder of the Crown Lease of a Marine Lot who shall sustain any Loss or Damage! sessment of Damage reason of any Work, Matter or Thing done under the authority of this Ordinance, on the Area occupied b hereby occasioned to the Tenant and set forth in the Lease aforesaid, shall be entitled to Compensation; and the Amount to be pa Holders of Marino as such Compensation shall be assessed by the Sheriff and a Common Jury, in the same manner as in cas where Judgment has been suffered to go by default by a Defendant in an Action-at-Law, And on retu made by the Sheriff of the Amount assessed as such Compensation as aforesaid, it shall be lawful for the G vernor to direct such Amount to be paid by the Colonial Treasurer to the Person entitled to receive the sar X. Whenever it shall appear to the Governor on the report in writing of the Surveyor General, that sory Purchase of Pro- is necessary for the completion of the Works to be carried on under this Ordinance, that Her Majesty shou purposes of this Or. obtain possession of any Lands or Tenements or Erections of any kind not belonging to the Crown, it shall! lawful for the Governor to purchase the same on behalf of the Crown on such Terms as shall be fixed by th Surveyor General ; and if the Person entitled to the said Lands shall refuse to accept the said Terms, then shall be lawful for the Governor to direct an Assessment of the Compensation or Consideration to be paid the Person entitled thereto for the purchase of the same Lands, Tenements, or Erections, in the sar manner as is hereinbefore provided for the assessment of Compensation to be allowed in respect of damag the firm of BO' And it shall be competent to the Sheriff and the Jury empanelled for the purpose (. C. SCHWABI to Marine Lot-bolders. making such Assessment, to enter upon and view the said Lands, Tenements, or Erections. And after Retu made by the Sheriff of the Amount found by the said Jury to be payable as Compensation in respect o ft! said Lands, Tenements, or Erections, it shall be lawful for the Governor to direct payment of the said Amou to be made out of the Colonial Treasury to the Person entitled thereto, and to direct the Surveyor Gener to take possession of the said Lands, Tenements, or Erections in the name of the Crown. And no assignme or conveyance of the said Lands or Tenements shall be deemed necessary to vest the same in the Crow thenceforth, but a Declaration shall be made by the Surveyor General of his having taken possessio thercof as aforesaid, with a Statement of the Amount of Compensation as assessed, and a description of th Premises so taken by metes and bounds; and a Memorial of the said Declaration having been registered: the Land-office, it shall be considered thenceforth as Evidence of the vesting of the said Premises in H Majesty and Her Successors to all intents and purposes whatsoever; and no Claim shall thereafter I against the Crown in respect of the said Premises, except for the Consideration or Compensation assessed! payable for the same, as is hereinbefore provided.
And whereas many unauthorized encroachments have been made by Holders of Marine Lots up the Sea below High-water mark, and Land reclaimed at great expense,-and it is desirable that the s Holders should be permitted to retain possession of the Lands so reclaimed upon payment of an equitab Rent therefor: It is hereby further ordained as follows:-
Co
X1. It shall be lawful for the Governor to permit any Piecc or Parcel of Land so reclaimed from the St Power to grant Leases, and Conditions without grant or license from the Crown, to be rented with the Marine Lot in front of which the said Lar of Leases to be graut- shall have been so reclaimed by the Holders of the Crown Lease thereof, upon such Terms as shall be agre on between the said Holders and the Surveyor General; and if the said Holders and the Surveyor Gener cannot agree, then it shall be lawful for the Governor to direct an Assessment of the Rent reasonably be charged in respect of the Land so reclaimed, in the same manner as is hereinbefore provided for th Assessment of Compensation to be allowed in respect of Damages to the Marine Lot-holders; and for t
ed, of Crown Landa heretofore encroached
upon.
continue the b
•
Shanghae, 1:
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