CO129-263 - Acting Governor Barker Governor Sir Robinson - 1894 [5-8] — Page 728

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

(e) Whether any and if any which of such persons are under disability or otherwise incapable of giving a legal discharge for any sum awarded.

Whether any of the persons entitled to any compensation or any proportion thereof are unknown or cannot be found or absent from and have no agent in the Colony,

(g) The amount of costs (if any) awarded and against whom.

16. Every award as soon as practicable after it has been drawn up shall be forwarded to the Governor and published in the Gazette and in one English and one Chinese paper in the Colony for such period or periods as the Board shall direct.

17. Where it appears from any such award that any person therein named to whom any sum is to be paid by way of compensation is

(a) Under disability or cannot otherwise give a legal discharge to the Crown for the payment of any sums apportioned to such person; or

(b) Cannot be found or is unknown, or is absent from the Colony and has no agent here authorised to give a discharge for such sum,

It shall be lawful for the Governor to pay such sum into Court to an account to be entitled in the matter of this Ordinance and of the person entitled thereto, or if such person is unknown to some title indicating the amount paid in and the source from which it is derived.

18. Where any such sum is paid into Court as aforesaid

(a) The receipt of the Registrar of the Court shall be a complete discharge to the Governor therefor.

(b) Notice of such payment shall be forthwith published by the Registrar in the Gazette and in one or more of the local daily newspapers and until the same is paid out shall be re-published annually.

19. Any person entitled to any sum paid into Court or alleging that he is entitled thereto either on his own behalf or on behalf of any other person as trustee or otherwise may apply to the Court for the payment out or the disposal thereof as hereinafter mentioned.

20. (1) The costs of any application to the Court may in the discretion of the Court be paid out of the fund in respect of which the application is made, and the Court may order any person who shall make any unsuccessful application or who shall oppose any application unsuccessfully to pay the costs of the opposite party or may make no order as to costs as it may think fit.

(2) If in any case the Court is of opinion that any money paid into Court under section 17 of this Ordinance ought not to have been paid into Court, the Court may on any application for the payment out of such moneys, award costs against the Crown.

(3) No fees of Court shall be payable on the payment into Court of any moneys under the said section 17 or on the payment out of any such moneys.

21. The Supreme Court may make such Rules and Regulations for the procedure to be adopted in relation to such application, as to the manner of making the same, as to the service of notice of the application and as to the method in which evidence on such application may be given or taken and generally in relation to such applications as to it may seem fit.

Such Rules and Regulations shall be binding when published in the Gazette.

22. All sums paid into Court under section 17 of this Ordinance may be paid out and applied as follows:

(a) In payment to any person becoming absolutely entitled thereto; or

(b) In payment thereof or any part thereof or of the income thereof to the guardian, trustee, or committee of the estate, of any person entitled thereto who is under disability or otherwise unable to give a legal discharge therefor; or

(c) In the purchase of other lands to be conveyed and settled upon the like trusts and purposes and in the same manner as the lands in respect of which the sum shall have been paid stood settled,

Publication of award

Provision for payment into Court of sums payable to persons under disability, etc.

Receipt to be given on payment in

Power to apply for payment out

Costs of application

Power of Court to make Rules of procedure, etc.

Application of moneys paid into Court

723

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(e) Whether any and if any which of such persons are under disability or otherwise incapable of giving a legal discharge for any sum awarded. Whether any of the persons entitled to any compensation or any proportion thereof are unknown or cannot be found or absent from and have no agent in the Colony, (g) The amount of costs (if any) awarded and against whom. 16. Every award as soon as practicable after it has been drawn up shall be forwarded to the Governor and published in the Gazette and in one English and one Chinese paper in the Colony for such period or periods as the Board shall direct. 17. Where it appears from any such award that any person therein named to whom any sum is to be paid by way of compensation is (a) Under disability or cannot otherwise give a legal discharge to the Crown for the payment of any sums apportioned to such person; or (b) Cannot be found or is unknown, or is absent from the Colony and has no agent here authorised to give a discharge for such sum, It shall be lawful for the Governor to pay such sum into Court to an account to be entitled in the matter of this Ordinance and of the person entitled thereto, or if such person is unknown to some title indicating the amount paid in and the source from which it is derived. 18. Where any such sum is paid into Court as aforesaid (a) The receipt of the Registrar of the Court shall be a complete discharge to the Governor therefor. (b) Notice of such payment shall be forthwith published by the Registrar in the Gazette and in one or more of the local daily newspapers and until the same is paid out shall be re-published annually. 19. Any person entitled to any sum paid into Court or alleging that he is entitled thereto either on his own behalf or on behalf of any other person as trustee or otherwise may apply to the Court for the payment out or the disposal thereof as hereinafter mentioned. 20. (1) The costs of any application to the Court may in the discretion of the Court be paid out of the fund in respect of which the application is made, and the Court may order any person who shall make any unsuccessful application or who shall oppose any application unsuccessfully to pay the costs of the opposite party or may make no order as to costs as it may think fit. (2) If in any case the Court is of opinion that any money paid into Court under section 17 of this Ordinance ought not to have been paid into Court, the Court may on any application for the payment out of such moneys, award costs against the Crown. (3) No fees of Court shall be payable on the payment into Court of any moneys under the said section 17 or on the payment out of any such moneys. 21. The Supreme Court may make such Rules and Regulations for the procedure to be adopted in relation to such application, as to the manner of making the same, as to the service of notice of the application and as to the method in which evidence on such application may be given or taken and generally in relation to such applications as to it may seem fit. Such Rules and Regulations shall be binding when published in the Gazette. 22. All sums paid into Court under section 17 of this Ordinance may be paid out and applied as follows: (a) In payment to any person becoming absolutely entitled thereto; or (b) In payment thereof or any part thereof or of the income thereof to the guardian, trustee, or committee of the estate, of any person entitled thereto who is under disability or otherwise unable to give a legal discharge therefor; or (c) In the purchase of other lands to be conveyed and settled upon the like trusts and purposes and in the same manner as the lands in respect of which the sum shall have been paid stood settled, Publication of award Provision for payment into Court of sums payable to persons under disability, etc. Receipt to be given on payment in Power to apply for payment out Costs of application Power of Court to make Rules of procedure, etc. Application of moneys paid into Court 723
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(e) Whether any and if any which of such persons are under disability or otherwise incapable of giving legal discharge for any sum awarded. Whether any of the persons emitled to any com- pensation or any proportion thereof are unknow or enmuot be found or absent from and have no agent in the Colony, (g) The amount of costs (if any) awarded and against whom. 16. Every award as soon as practicable after it has been drawn up shall be forwarded to the Governor and published in the Gazette and in one English and one Chinese paper in the Colony for such period or periods as the Board shall direct. 17. Where it appears from any such award that any persou therein named to whom any suo is to be paid by way of compensation is (a) Under disability or cannot otherwise give a logal discharge to the Crown for the payment of any sums apportioned to such person; or (b) Cannot be found or is unknowa, or is absent from the Colony and has no agent here authorised to give a discharge for such sum, It shall be lawful for the Governor to pay such sma juto Court to an account to be entitled in the matter of this Ordinance and of the person entitled thereto, or if such person is unknown to some title indicating the amount paid in and the source from which it is derived. 18. Where any such sma is paid into Court as aforesail («). The receipt of the Registrar of the Cours shail be a complete discharge to the Governor therefor. (b) Notice of such payment shall be forthwith published by the Registrar in the Gazette and in one or more of the local daily nowspapers und until the samne is paid out shall be re-published annually. 19. Any person entitled to any sum paid into Const or alleging that he is entitled thereto either on his own behalf or on behalf of any other person as trusted or otherwise may apply to the Court for the payment out or the disposal thereof as hereinafter mentioned. 20. (1) The costs of any application to the Court may in the discretion of the Court be paid out of the fund in respect of which the application is made, and the Court may order any person who shall make any unsuccessful applien- tion or who shall oppose any application unsuccessfully to pay the costs of the opposite party or may make no onder as to costs as it may think fit. (2) If in any case the Court is of opinion that any money paid into Court under section 17 of this Ordinance ought not to have been paid into Court, the Court mag on any application for the payment out of such moneys, award costs against the Crown. (3) No fees of Court shall be payable on the payment into Court of any moneys under the said section 17 or on the payment out of any such moneys, 21. The Supreme Court may make such Rules and Re- gulatious for the procedure to be adopted in relation to such application, as to the manner of making the same, as to the service of notice of the application and as to the method in which evidence on such application may be given or taken and generally in relation to such applications as to it may seem fit. Such Rules and Regulatious shall be binding when pub- lished in the Gazette. 22. All sums paid into Court under section 17 of this Ordinance may be paid out and applied as follows :--- (a) In payment to any person becoming absolutely entitled thereto; or (b) In payment thereof or any part thereof or of the income thereof to the guardian, trustee, or committee of the estate, of any porson entitled thereto who is under disability or otherwise unable to give a legal discharge therefor: or (e) In the purchase of other lands to be conveyed and sotrled upon the like trusts and purposes ant in the same manner as the lands in respect al which the stim shad! have been paid stool settled, or Pubitation of awarl Provision for payment info CORTE GE SHUTE payah to persons under diacility, ke. Huset to be give et payment in cine lind Meganelleri. Why apply for paymui. C application. Power of Gourt to make TAK f Broveture, &c. Application of munere paid Sato Court. 723
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(e) Whether any and if any which of such persons are under disability or otherwise incapable of giving 矮 legal discharge for any sum awarded.

Whether any of the persons emitled to any com-

pensation or any proportion thereof are unknow

or enmuot be found or absent from and have no agent in the Colony,

(g) The amount of costs (if any) awarded and against

whom.

16. Every award as soon as practicable after it has been drawn up shall be forwarded to the Governor and published in the Gazette and in one English and one Chinese paper in the Colony for such period or periods as the Board shall direct.

17. Where it appears from any such award that any persou therein named to whom any suo is to be paid by way of compensation is

(a) Under disability or cannot otherwise give a logal discharge to the Crown for the payment of any sums apportioned to such person; or

(b) Cannot be found or is unknowa, or is absent from

the Colony and has no agent here authorised to give a discharge for such sum,

It shall be lawful for the Governor to pay such sma juto Court to an account to be entitled in the matter of this Ordinance and of the person entitled thereto, or if such person is unknown to some title indicating the amount paid in and the source from which it is derived.

18. Where any such sma is paid into Court as aforesail («). The receipt of the Registrar of the Cours shail be a complete discharge to the Governor therefor. (b) Notice of such payment shall be forthwith published

by the Registrar in the Gazette and in one or more of the local daily nowspapers und until the samne is paid out shall be re-published annually. 19. Any person entitled to any sum paid into Const or alleging that he is entitled thereto either on his own behalf or on behalf of any other person as trusted or otherwise may apply to the Court for the payment out or the disposal thereof as hereinafter mentioned.

20. (1) The costs of any application to the Court may in the discretion of the Court be paid out of the fund in respect of which the application is made, and the Court may order any person who shall make any unsuccessful applien- tion or who shall oppose any application unsuccessfully to pay the costs of the opposite party or may make no onder as to costs as it may think fit.

(2) If in any case the Court is of opinion that any money paid into Court under section 17 of this Ordinance ought not to have been paid into Court, the Court mag on any application for the payment out of such moneys, award costs against the Crown.

(3) No fees of Court shall be payable on the payment into Court of any moneys under the said section 17 or on the payment out of any such moneys,

21. The Supreme Court may make such Rules and Re- gulatious for the procedure to be adopted in relation to such application, as to the manner of making the same, as to the service of notice of the application and as to the method in which evidence on such application may be given or taken and generally in relation to such applications as to it may seem fit.

Such Rules and Regulatious shall be binding when pub- lished in the Gazette.

22. All sums paid into Court under section 17 of this Ordinance may be paid out and applied as follows :---

(a) In payment to any person becoming absolutely

entitled thereto; or

(b) In payment thereof or any part thereof or of the income thereof to the guardian, trustee, or committee of the estate, of any porson entitled thereto who is under disability or otherwise unable to give a legal discharge therefor: or (e) In the purchase of other lands to be conveyed and sotrled upon the like trusts and purposes ant

in the same manner as the lands in respect al which the stim shad! have been paid stool settled, or

Pubitation

of awarl

Provision for payment info

CORTE GE SHUTE payah to persons under diacility, ke.

Huset to be give et payment in

cine lind

Meganelleri.

Why apply for

paymui.

C

application.

Power of Gourt to make

TAK f

Broveture, &c.

Application of munere paid Sato Court.

723

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