33
34
No. 10 of 1900.
7
نا
Principles of
assessment
of compensa- tion.
*
No. 10 of 1900.
CROWN LANDS RESUMPTION.
also in respect of damage to business due to removal, and to award compensation in respect of such resumption or extinc- tion or damage to all persons claiming compensation to whom the Board may find compensation to be due;
(2) to award costs (including remuneration to the mem- bers of the Board and to the clerk to the Board determined under section 6) in its discretion, either for or against the Crown or for or against any parties claiming compensation, such costs, if desired by the Crown or any party, to be taxed by the Registrar of the Supreme Court.
(3) all such powers as are vested in the Supreme Court or in a judge on the occasion of any action or suit in respect of the following matters :-
(a) enforcing the attendance of witnesses and examining them upon oath or otherwise as it think fit;
may
(b) compelling the production of any documents; (e) punishing persons guilty of contempt;
(d) ordering an inspection of any premises; and (e) entering upon and viewing any premises.
11. (1) When any property is resumed, a Board in deter- mining the compensation to be paid and in estimating the value of the land resumed and of any buildings thereon,
may
(a) take into consideration the nature and existing condi- tion of the property, and the probable duration of the buildings in their existing state, and the state of repair thereof; and
(b) decline to make any compensation for any addition to or improvement of the property made after the date of the publication in the Gazette of the notice of intended resump- tion, or after the notice by the Colonial Secretary under section 5, as the case may be, (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair):
Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
* As amended by No. 14 of 1921.
CROWN LANDS RESUMPTION.
(2) A Board may also receive evidence to prove— (a) that the rental of the building or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or
(b) that the building or premises are in such a condition as to be a nuisance within the meaning of any Building Ordinance, or any Ordinance relating to the public health, [eƒ. No. 1 of or is or are not in reasonably good repair; or
1903.]
(e) that the building or premises are unfit, and not reason- ably capable of being made fit, for human habitation.
(3) If the Board is satisfied by such evidence, then the compensation
(a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and
(b) shall, in the second case, be the amount estimated as the value of the building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and
(c) shall, in the third case, be the value of the land and of the materials of the buildings thereon.
11A. In the determination of the compensation to be paid Additional under this Ordinance,-
rules for determining compensation.
5, c. 57, s. 2
(1) No allowance shall be made on account of the resump- 9 & 10 Geo. tion being compulsory ;
(2) No compensation shall be given in respect of any use of the land which is not in accordance with the terms of the Crown lease under which the land is held;
(3) No compensation shall be given in respect of any expectancy or probability of the grant or renewal or con- tinuance, by the Crown or by any person, of any licence, permission, lease or permit whatsoever: Provided that this paragraph shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and
* As amended by No. 14 of 1921, No, 9 of 1922 and Law Rev. Orl., 1924.
(1) (2).
Et