416
No. 2.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
A.D. 18:
Entry on Lands.
tion in o lands to l
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Payment of price of lands to be made previous to entry, etc.
Right of Company to enter upon lands before purchase, on making deposit by way of security and giving bond.
100. The Company shall not, except by consent of the owners and occupiers, enter upon any of the lands mentioned in the said Fourth Schedule, and which are required to be purchased or permanently used for the purposes and under the powers of this Ordinance, until it has either paid to every party having any interest in such lands, or paid into Court in the manner herein mentioned, the purchase money or compensation to be paid to such parties respectively for their respective interests therein: Provided always that, for the purpose merely of surveying such lands and of setting out the line of the works, it shall be lawful for the Company, after giving not less than three or more than fourteen days' notice to the owners or occupiers thereof, to enter upon such lands without previous consent, making compensation for any damage thereby occasioned to the owners or occupiers thereof.
101.—(1.) Provided, also, that if the Company is desirous of entering upon and using any of the lands mentioned in the said Fourth Schedule before an agreement has been come to or the purchase money or compensation to be paid by it in respect of such lands has been determined as herein provided, it shall be lawful for the Company to pay into Court by way of security either the amount of purchase money or compensation claimed by any party interested in or entitled to sell and assign such lands, and who does not consent to such entry, or such a sum as may by the Court or a Judge, upon petition in a summary way, be determined to be the value of such lands or interest therein which such party is entitled to or enabled to sell and assign, and also to give or tender to such party a bond, under the common seal of the Company, with two sufficient sureties, to be approved of by the Court or such Judge in case the parties differ, in a penal sum equal to the sum so to be deposited, conditioned for payment to such party, or for payment into Court, for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained, of all such purchase money or compensation as may, in manner hereinbefore provided, be determined to be payable by the Company in respect of the lands so entered upon, together with interest thereon at the rate of six dollars per centum per annum, from the time of entering upon such lands until such purchase money or compensation is paid to such party, or into Court, for the benefit of the parties interested in such lands, under the provisions herein contained.
(2.) On such payment by way of security being made as aforesaid, and such bond being delivered or tendered to such non-consenting party as aforesaid, it shall be lawful for the Company to enter upon and use such lands, without having first paid the purchase money or compensation.
Provided always that such bond shall remain in force, whether the Company be diligent in prosecuting the claim under such bond or not.
102.—(1.) The bond given under the last preceding section shall remain in force until the purchase money or compensation has been paid or deposited as aforesaid, and the condition of such bond shall be performed.
(2.) The Court or a Judge may, upon application made under the last preceding section, order the money deposited in the Court under the provisions of that section to be paid out to the parties entitled thereto, and the bond given by the Company shall be discharged, and the Company shall be satisfied, and the money so deposited shall be applied in satisfaction of the claim for whose benefit the same was deposited.