ORDINANCE No. 1 OF 1882 . 1619
Tramways.
83. In estimating the purchase-money or compensation to be paid by the com Purchase -money
and compensa
pany in any of the cases aforesaid , regard shall be had by the Judge in Summary Juris tion, how to be
estimated.
diction, arbitrators, umpire or surveyors, as the case may be, not only to the value of
the land to be purchased or taken by the company, but also to the damage, if any, to
be sustained by the owner of the lands by reason of the severing of the lands taken
from the other lands of such owner, or otherwise injuriously affecting such other lands
by the exercise of the powers of this Ordinance, and to the fact that the lands taken
are so taken from such owner compulsorily.
84. When the compensation payable in respect of any of the said lands mentioned Where compen
sation to absent
party has been
in the said schedule D. , or any interest therein shall have been ascertained by the determined by a
surveyor, the
valuation of a surveyor, and deposited in the bank under the provisions herein con party may have
the same sub
tained, by reason that the owner of, or party entitled to assign, such lands, or such mitted toarbitra
tion.
interest therein as aforesaid, could not be found, or was absent from the said Colony
of Hongkong; if such owner or party shall be dissatisfied with such valuation, it shall
be lawful for him, before he shall have applied to the Court for payment or investment
of the moneys so deposited under the provisions herein contained, by notice in writing
to the company to require the question of such compensation to be submitted to
arbitration, and thereupon the same shall be so submitted accordingly in the same
manner as in other cases of disputed compensation hereinbefore authorized or required
to be submitted to arbitration .
85. The question to be submitted to the arbitrators in the case last aforesaid shall Question to be
submitted to the
arbitrators .
be, whether the said sum so deposited as aforesaid by the company was a sufficient sum,
or whether any, and what, further sum ought to be paid or deposited by them .
86. If the arbitrators shall award that a further sum ought to be paid or deposited If further sum
awarded, com
by the company, they shall pay, or deposit, as the case may require, such further sum pany to pay or
deposit same
within fourteen
within fourteen days after the making of such award , or, in default thereof, the same days.
may be enforced by attachment, or recovered, with costs, by action or suit.
87. If the arbitrators shall determine that the sum so deposited was sufficient , the Costs of the
arbitrators.
costs of, and incident to, such arbitration to be determined by the arbitrators shall (but
subject as hereinafter provided) be in the discretion of the arbitrators, but, if the
arbitrators shall determine that a further sum ought to be paid or deposited by the
company, all the costs of, and incident to, the arbitration shall (but subject as aforesaid)
be borne by the company .
88. If any party shall be entitled to any compensation in respect of any of the Compensation
where no satis
said lands, mentioned in the said schedule D. , or of any interest therein, which shall factionpreviously
made, how to be
settled.
have been taken for, or injuriously affected by, the execution of the works, and for.
which the company shall not have made satisfaction under the provisions of this
Ordinance, and if the compensation claimed in such case shall exceed the sum of one
thousand dollars , the same shall be settled by arbitration as hereinbefore provided .