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Penalty on Company entering upon lands without consent before payment of purchase money.
Proceedings in case of refusal to deliver possession of lands.
No. 2.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
103.—(1.) If the Company or any of its contractors, except as aforesaid, wilfully enters upon and takes possession of any of the lands mentioned in the said Fourth Schedule, which are required to be purchased or permanently used for the purposes of this Ordinance, without such consent as aforesaid or without having made such payment into Court as aforesaid for the benefit or security of the parties interested in such lands, the Company shall forfeit to the party in possession of such lands the sum of fifty dollars, over and above the amount of any damage done to such lands by reason of such entry and taking possession as aforesaid.
(2.) If the Company or any of its contractors, after conviction in such penalty as aforesaid, continues in unlawful possession of any such lands, the Company shall be liable to forfeit the sum of one hundred dollars for every day it or any of its contractors so remains in possession as aforesaid.
(3.) Every such penalty shall be recoverable by the party in possession of such lands, with costs, by an action to be brought in the Court in its original jurisdiction in the same manner as is hereinbefore provided for in cases of disputed compensation: Provided always that nothing herein contained shall be held to subject the Company to the payment of any such penalties as aforesaid, if it bona fide and without collusion has paid the compensation which has been, under the provisions of this Ordinance, determined to be paid in respect of the said lands to any person whom the Company may have reasonably believed to be entitled thereto, or has paid the same into Court for the benefit or security of the parties interested in the said lands, although such person may not have been legally entitled thereto.
104.—(1.) If in any case in which, according to the provisions of this Ordinance, the Company is authorized to enter upon and take possession of such of the lands mentioned in the said Fourth Schedule as are required for the purposes of the undertaking, the owner or occupier of any such lands or any other person refuses to give up the possession thereof or hinders the Company from entering upon or taking possession of the same, it shall be lawful for the Company to issue its warrant to one of the Bailiffs of the Court to deliver possession of the same to the person appointed in such warrant to receive the same.
(2.) On the receipt of such warrant, such Bailiff shall deliver possession of any such lands accordingly.
(3.) The costs accruing by reason of the issuing and execution of such warrant, to be settled by the Registrar, shall be paid by the person refusing to give possession, and the amount of such costs shall be deducted and retainable by the party or costs, or demand, under an...
105... Company such part...
106...-- the interest said Four Ordinance redemption entitled to whether or not, and any other (2.) mortgagee the costs and thereupon lands com or the Company will pay cost of one more Company of redemption deem the intermediate mortgagee of which would either of said mortgage such mort...
107. If mortgage ed by the satisfaction permanent...