D 1894.1
TAIPINGSHAN RESUMPTION.
[No. 2.
125
edule set forth, and all rights of way and other easements, if any, therein are over are hereby declared to have absolutely ceased and determined from such date.
*
Registration
of memorials of resumption.
Third
Schedule.
of Board of
The Land Officer shall, immediately on the commencement of this Ordinance, register in the Land Office of the Colony against each lot, or portion, section, or sub-section of any lot, hereby resumed a memorial of such resumption in the form in the Third Schedule to this Ordinance.
6.(1.) Subject as hereinafter mentioned, full and fair compensation shall be paid to the owners of the said lots of land and to all persons having any right or interest therein or in any part thereof in respect of which they could have maintained a suit for damages in any court, if their right or interest had been summarily determined or interfered with from the 1st day of June, 1894, by the unauthorized act of any person whomsoever: Provided always that no tenant at will or monthly or weekly tenant shall be deemed to have any right or interest entitling him to maintain any such suit or to claim compensation.
(2) No action or suit shall be brought or maintained against the Crown or against any person for compensation or for any loss or damage resulting to any person from the resumption of the said lots of land or any of them or from the closing of such roads and streets under this Ordinance, but all claims for such compensation or for any such loss or damage shall be brought before and shall be determined by a Board of Arbitration, which shall consist of three persons and shall be constituted immediately after the commencement of this Ordinance in manner following; that is to say,-
(a.) one member shall be appointed by the Governor, and he shall be the Chairman of the Board; one member shall be elected by the unofficial members of the Legislative Council; and one member shall be elected by the owners of the lands mentioned in the First Schedule to this Ordinance or their attorneys or agents;
(b) no member of the Board shall have or hold any interest whatever in the lands resumed by this Ordinance;
(i) the unofficial members shall, on notice in writing from the Colonial Secretary sent to each member, meet and nominate, within seven days from the receipt of such notice, such person to be a member of the Board as they may think fit, and shall forthwith give notice thereof in writing to the Colonial Secretary; and
(ii) such meeting shall be convened and presided over by the senior unofficial member, and at such meeting three shall form a quorum and the votes of the majority of the unofficial members then present shall prevail, and, if the votes are equal, the senior unofficial member shall have an additional casting vote for lands