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Difference
between building
owner and
adjoining
owner as to expenses
Failure by adjoining
owner to
express dis
Satisfaction
54
143. At any time within one month after the delivery of the said account the adjoining owner, if dissatisfied there- with, may declare his dissatisfaction to the building owner by notice in writing served by himself or his agent, and specifying his objections thereto, and thereupon a difference shall be deened to have arisen between the parties, and shall be determined in manner hereinbefore provided for the settlement of differences between building and adjoining
owners.
144. If within the said period of one month the adjoining owner does not declare in the said manner his dissatisfaction with the account, he shall be deemed to have
to be deemed accepted the same, and shall pay the same on demand to the party delivering the account, and, if he fails to do so, the amount so due may be recovered as a debt.
acceptance.
Adjoining
owler
failing to contribute, building
owner to become
sole owner.
Adjoining
owner liable
145. Where the adjoining owner is liable to contribute to the expenses of building any party structure, then, until such contribution is paid, the building owner at whose expense the same was built shall stand possessed of the sole property in the structure.
146. The adjoining owner shall be liable for all for expenses expenses incurred on his requisition by the building owner, and in default of payment the same may be recovered from him as a debt.
incurred on his requisi- tion.
Other
easenienta
and right
in regard to parly structures preserved.
Bubmission of claim.
Appointment
of arbitra.
tors.
147. Nothing in this Ordinance shall authorise any interference with any other easements in or relating to a party wall, or take away, abridge, or prejudically affect any right of any person to preserve or restore any other thing in or connected with a party wall in case of the party wall being pulled down or rebuilt.
Arbitration.
148. No suit, action or other proceeding shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.
In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Governor in Council, the person claiming shall await the decision of the Governor in Council before proceeding with the works.
149. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following:
(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.
55
(2) The two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at
a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final.
In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.
(3) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.
on which
150. (1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such compensa. purpose the value of any land resumed or of any building tion to
thereon--
be based,
(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Raling Ordinance, 1901, the nature and Ordinance the condition of the premises, the state of repair thereof. No. 6 of and the probable duration of the premises in their existing state; and
(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the main- tenance of the premises in a proper state of repair); and
(c) shall not make any allowance in respect of the acquisition being compulsory.
1901.
(2) The said arbitrators or umpire shall also receive Evidence to
evidence to prove―
(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any other illegal purpose; or
(b) that the rental of the premises was enhanced by illegal overcrowding; or
(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or
(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.
be received.
(3) If the said arbitrators or umpire are satisfied by Effect of such evidence then the compensation shall-
(a) in cases (a) and (b) in sub-section (2) so far as it is hased on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and
(b) in case (c) in sub-section (2) be based on the amount estimated as the value of the 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 of putting them into such repair, as the case may be; and
such evidence
on com-
pensation.
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