Salfention of
titation
of Beard.
30 call to le
but elinste
Bears to the
Consideration of claims.
Towers of Bacil
Notices by
Board.
(2.) The two other members of the Board, shall consist of one member to be nominated by the Govenor and the other by the owner of the land resumed provided always that the member nominated by the Governor may be the Surveyor General or any public officer.
(3.) Notice in writing of the nonination by the Go- vernor of a member of the board shall be forth- with given to the owner by publication in the Gazette, and if he shall not nominate a member of the Board within seven days from the date of such publication it shall be lawful for the Chair- man to nominate and appoint any person other than a member of the Colonial Civil Service on behalf of such owner.
(4.) The Governor may also appoint some person to act as clerk to the Board at such remuneration as he way think fir.
5. The constitution of snch Board shall be notified in the Gazette and within fourteen days from such notification the Board shall commence its sittings at such time and place as the Chairman may in and by such notification or by any other notification in the Gazette appoint.
6. No suit or action shall lie either against the Crown or against any other person for any loss or damage resulting to any person from any resumption of any land as aforesaid bur any person claiming compensation whether as owner or otherwise by reason of such resumption shall before the commencement of the sittings of the Board transmit to the elerk of the Board if appointed or if no clerk be appointed to the Colonial Secretary for transmission to the Board a written claim stating the nature of his right or interest in the land and the amonut which he seeks to recover.
7. Every claim shall be separately considered and adju- dicated upon unless the parties otherwise agree.
8. The Board when constituted shall have the following powers and authorities, viz.:---
(1) To determine the compensation to be paid in respect of such resumption or in respect of the extinction of any right or easement caused by such resump- tion regard hoing had not only to the value of the land taken and any buildings thereon but also to any damage or injury resulting to the owner of the land resumed by reason of the severance of such land from other land of such owner conti- guous thereto, and to award compensation in respect of such resumption or extinction to all persons claiming compensation to whom the Board may find compensation to be dne.
(2.) To award costs in their discretion either for or against the Crown, or for or against any parties claiming compensation, such costs in case of dif- ference to be settled by the Registrar of the Supreme Court.
(3.) All such powers as are now or may be hereafter vested in the Supreme Court of the Colony or in any Judge thereof on the occasion of any suit or action in respect of the following matters --
(4.) The enforcing the attendance of wit- nesses anul examining them on oath or otherwise as they may think fit.
(2) The compelling the production of any
documents.
(e.) The punishing persons guilty of contempt. (d) The ordering an inspection of premises. (e.) To enter and view any premises.
9. Every notice under the hand of the Chairman of the Board may be substituted for and shall be equivalent to any form of process capable of being issued in any suit or action for enforcing the attendance of witnesses, or com- pelling the production of documents; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of the Chairman and shall not authorise the imprisonment of any offender for a period exceeding three mouths; and every notice order or warrant of the Board may be served und executed in the saine manner as notices orders and warrants of the Supreme Court may be served and executed under the procedure for the time being in force relating to civil suits.
10. If in the discharge of the duties devolving upon the Board there shall occur a difference of opinion between the incibers, the decision of any two of them shall have the same force and effect, as if all the members had concurrel therein and any decision arrived at by the Board or a ma- jority thereof shall not be subject to appeal and shall be final as regards all parties interested and no award of com- pensation made with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of fernt.
11. During the pendency of any proceedings before the Board if any member of the Board shall from any canse be
or become Quable to net, his place if he he a judge shall be filled by another judge or if he be a person appointed by the Governor or owner by some other person appointed by the Governor or owner as the case may require,
12. All lands resumed under the provisions of this Ordi- hance may be demised and granted by the Governor upon such terms and conditions and at such price whether by way of rent, premium, or otherwise and either by public auction or private contract as the Governor may determine.
13. All sums of money awarded and all costs against the Crown if any shall as soon as practicable after the award is published be paid by the Governor out of the Public Revenues, and all sume awarded exclusive of costs shall bear interest at the rate of eight dollars per cent from the date of the resumption of the land until payment.
14. In any notice to resume any land it shall be sufficient to state that such land is required for a public purpose without stating the particular public purpose for which the Jaud is required and a notice containing such statement shall be conclusive evidence that the land resumed is resumed for a public purpose.
15. Whenever the buildings or dwellings on any land are of insanitary construction as regards conditions of light and air, the Governor may, notwithstanding any of the powers of resumption bereiù contained or prior to the exer cise of any such powers, permit the owner of such buildings or dwellings to reconstruct or rebuild the same or any part thereof apon such terms and conditions and subject to such security being given for the proper carrying out of such reconstruction or rebuilding us the Governor may in his discretion think tit.
16. Any Board constituted under this Ordinance may make such rules and regulations as may be deemed necessary
for the conduct of all proceedings before it.
17. This Ordinance shall not come into operation unless and until the Officer Administering the Government notifies by Proclamation that it is Her Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Officer Administering the Government shall notify by the same or any other Proclamation,
Passed the Legislative Coumeil of Hongkong, this 18th day of June, 1889.
R
ARATROON SETH, Clerk of Councils.
Assented to by His Excellency the Governor, the 24th day of June, 1889.
FREDERICK STEWART, Colonial Secretary.
No appeal
Ben de tink of majority.
Vacancies an Board.
E grunt of
lands, de
atlan מוקנסרגC
10 km interest.
Sister of reemption in
- Coite listv
Tilt of a TO
for a pallia Purpose.
árrangement
ith owner co
TRISTEL
bullings
Power for
Board to mykiate proceedings.
Snapending Chances
478
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