1858

PUBLIC RECORD OFFICE

Reference :-

C.O. 133 / 15

dinance.

Power of compul- X. Whenever it shall appear to the Governor on the report in writing of the Surveyor General, that it Bory Purchase of Pro- is necessary for the completion of the Works to be carried on under this Ordinance, that Her Majesty should' perty required for purposes of this Or. obtain possession of any Lands or Tenements or Erections of any kind not belonging to the Crown, it shall be lawful for the Governor to purchase the same on behalf of the Crown on such Terms as shall be fixed by the Surveyor General; and if the Person entitled to the said Lands shall refuse to accept the said Terms, then it shall be lawful for the Governor to direct an Assessment of the Compensation or Consideration to be paid to the Person entitled thereto for the purchase of the same Lands, Tenements, or Erections, in the same manner as is hereinbefore provided for the assessment of Compensation to be allowed in respect of damage to Marine Lot-holders. And it shall be competent to the Sheriff and the Jury empanelled for the purpose of making such Assessment, to enter upon and view the said Lands, Tenements, or Erections. And after Ketura made by the Sheriff of the Amount found by the said Jury to be payable as Compensation in respect of the said Lands, Tenements, or Erections, it shall be lawful for the Governor to direct payment of the said Amount to be made out of the Colonial Treasury to the Person entitled thereto, and to direct the Surveyor General And no assignment to take possession of the said Lands, Tenements, or Erections in the name of the Crown.

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or conveyance of the said Lands or Tenements shall be deemed necessary to vest the saine in the Crown thenceforth, but a Declaration shall be made by the Surveyor General of his having taken possession thereof as aforesaid, with a Statement of the Amount of Compensation as assessed, and a description of the Premises so taken by metes and bounds; and a Memorial of the said Declaration having been registered at the Land-office, it shall be considered thenceforth as Evidence of the vesting of the said Premises in Her Majesty and Her Successors to all intents and purposes whatsoever; and no Claim shall thereafter lic against the Crown in respect of the said Premises, except for the Consideration or Compensation assessed as payable for the same, as is hereinbefore provided.

And whereas many unacthorized encroachments have been made by Holders of Marine Lots upon the Sea below High-water mark, and Land reclaimed at great expense, and it is desirable that the said Holders should be permitted to retain possession of the Lands so reclaimed upon payment of an equitable Rent therefor: It is hereby further ordained as follows:-

XI. It shall be lawful for the Governor to permit any Piece or Parcel of Lani so reclaimed from the Sea, Power to grant Leases, and Conditions without grant or license from the Crown, to be rented with the Marine Lot in front of which the said Land of Leases to be grant- shall have been so reclaimed by the Holders of the Crown Lease thereof, upon such Terms as shall be agreed ed, of Crown Lands beretofore encroached on between the said Holders and the Surveyor General; and if the said Holders and the Surveyor General cannot agree, then it shall be lawful for the Governor to direct an Assessment of the Rent reasonably to. be charged in respect of the Land so reclaimed, in the same manner as is hereinbefore provided for the Assessment of Compensation to be allowed in respect of Damages to the Marine Lot-holders; and for the purpose of making such Assessment, it shall be competent to the Sheriff and the Jury thereto empanelled, to, enter upon and view the Land so reclaimed as aforesaid. And after return made by the Sheriff of the Amount found by the said Jury to be reasonably chargeable as the rent of the said Land so reclaimed, then, it shall be lawful for the Governor to offer the said Land to be held as aforesaid with the Marine Lot in front of which it shall have been so reclaimed, at and for the Kent so assessed as aforesaid; · And in the event of the Holder of the said Marine Lot declining to accept a Lease of the Land so reclaimed at the Rent to assess- ed as aforesaid, then it shall be lawful for the Governor forthwith to order the sale of the said Piece or Parde! of Ground by Public Auction, either in Lots or undivided, and together with any Piece or Parcel of Ground adjoining in possession of the Crown, as to the Governor shall seem best: Provided always, that Compensa- tion shall be made to the Holder of the original Marine Lot so sold, for the Expense incurred îh and about the reclamation from the Sea of the Land in front thereof, such Compensation to be assessed in manner herein.. before provided for the Assessment of Damage to Marine Lot-holders under Section IX of this Ordinance. XII. Provided always, that nothing herein contained shall in any way affect or interfere with the Compromises, here- tofore made, not to be carrying out of any Works now in the course of Erection or Construction under the direction or supervision of the Surveyor General; and that nothing herein contained shall be construed so as to set aside or invali- date any Arrangements or Compromises heretofore entered into between the Crown and Marine Lot-holder

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disturbed.

HONGKONG.

ANNO VIGESIMO SECUNDO VICTORIE REGINE.

No. of 1859.

By The Honourable Lieutenant-Colonel WILLIAM CAINE, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, with the Advice of the Legislative Council of Hongkong.

! : demani) mug An Ordinance to provide for the erection of a Public Way along the Water Frontage of the City of Victoria.

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wolina whatsil 1 January, 1859.]. Whereas it is desirable that a Public Way should be erected continuously along the Water Frontage Preamble. of the City of Victoria: Be it enacted and ordained by The Honourable the Acting Governor of Hong- kong, with the Advice of the Legislative Council thereof, as follows:-

Power to construct

I. It shall be lawful for the Governor to give authority to the Surveyor Generali to'construct, or procure to be constructed, one uniform and continuous Quay or Praya, and all Worka connected therewith, Praya along the Water Frontage of the City of Victoria, extending from Navy Bay at the extreme West thereof, to Wong-nei-choong at the extreme East thereof.

II. The said Quay or Praya shall be called the Bowring Praya.

Name of Praya.

III. The said Quay or Praya and Works connected therewith shall be erected from Designs and Plana prepared by the Surveyor General; and the Ground Plan thereof shall be exhibited for Public inspection according to Plana pre- Praya to be erected in the Office of the Surveyor General during Office-hours for a period of Two Weeks, before any Works viously published. shall be commenced by him under the authority of this Ordinance.

IV. In the event of any difficulty occurring in the prolongation of the "Boundary Lines" of Marine Prolongation Lote through Land reclaimed or to be reclaimed from the Sea. it shall be lawful for the Surveyor General Boundary Lines of to fix and determine the direction and extent of such prolonged Boundary Lines, provided that he do first Lota affected. insert the same on the Plans of the said Praya and Works so open to Public inspection as aforesaid.

V. It shall be lawful for the Governor, on the recommendation of the Surveyor General, to authorize

and give effect to any Compromise to be come to, between the Governor on behalf of the Crown, and the to compromises be Power to give effect Holder of the Crown Lease of any Marine Lot, by which the Claims of such Holder and the Claims of the tween the Crown and

Crown respectively, may be adjusted equitably and to the advantage of the Colony. And for this purpose Lots affected

Holden of Marine

it shall be lawful for the Governor to sanction the erection, by any such Marine Lot-holder, of the portion of the said Praya to be erected immediately in front of his own Lot: Provided only that the Erection of any such portion of the said Praya shall be carried on and completed under the inspection and to the satisfaction of the Surveyor General, and in accordance with the Plan by him prepared or approved

VI. The Surveyor General shall in every ensuing Year, at some time before the Month of June, submit

Estimates

to the Governor a Statement of the portion of the Works proposed by him to be carried out under this anually submitted by Ordinance within the Year next following, and Estimates of the Expenditure to be incurred on account Surveyor General thereof. And it shall be lawful for the Governor to propose such Estimates, or any of thein, in any Ordio- ance, making Provision for the Contingent Expenditure of the Colony to be dealt with in like manner as any other Estimate to be so proposed.

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VIL. It shall be lawful for the Surveyor General, and all Officers, Servants, and Workmen erplayed Power of Entry to by or under him, at all times, and with all necessary means and appliances, to enter upon all or any Lands Surveyor General adjacent or approaching to the site of the said Praya, in the course of its erection, and to do thereon all that shall be necessary for carrying out the Works provided for by this Ordinanceaniennese ni ye infojbe

VIII. If any Person shall wilfully obstruct any Person acting under the authority of this Ordinance, Penalty for obstruc- or destroy, remove, or injure any Timber, Stone, or other Materials to be employed in or about the errction tion, &c.

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Provision for :-

of the said Praya, or shall deface any Marks which shall have been made for the purposes of this Ordinance, he shall forfeit for every such Offence & Sum not exceeding Fifty Dollars Fry 'd

IX. Every Holder of the Crown Lease of a Marine Lot who shall sustain any Loss or Damage hy ui reason of any Work, Matter or Thing done under the authority of this Ordinance, on the Area occupied by sessment of Damage the Tenant and set forth in the Lease aforesaid, shall be entitled to Compensation; and the Amount to be paid hereby occasioned is an such Compensation shall be assessed by the Sheriff and a Common Jury, in the same manner as in cases Holders of Marine where Judgment has been suffered to go by default by a Defendant in an Action-at-Law. And on return Lots. made by the Sheriff of the Amount assessed as such Compensation as aforesaid, it shall be lawful for the Go- vernor to direct such Amount to be paid by the Colonial Treasurer to the Person entitled to receive the same.

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