CO129-263 - Acting Governor Barker Governor Sir Robinson - 1894 [5-8] — Page 729

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

(d). In the payment off of any mortgage legal or equitable on any land resumed under this Ordinance in respect of which the sum has been paid into Court, or

(e) Where a sum has been paid into Court to the account of an owner who cannot be found or is absent from the Colony or of a person unknown, in payment to the Colonial Treasurer for the use of the Crown after the expiration of five years from the date of payment in: provided no application is pending for payment out of such fund, and provided satisfactory proof is adduced of the due publication of the notice of the payment in Court in accordance with section 18 sub-section (b) of this Ordinance.

23. All sums of money awarded by the Board and all costs awarded against the Crown shall be paid as soon as practicable after the award has been published and all sums of money (exclusive of costs) shall bear interest at the rate of 7 per cent. from 1st June, 1894, until payment either to the persons entitled thereto or into Court as aforesaid.

24. All sums paid into Court may be invested in such manner as a Judge of the Court may of his own motion or upon the application of any person interested therein direct.

25. Nothing in this Ordinance contained shall be deemed to affect any agreement arrived at between the Crown or the Governor and the owner of any land resumed hereunder for the payment of any compensation, before the final award of the Board and the publication thereof.

26. The Governor may by private contract exchange any other lands for any lands resumed under this Ordinance upon such terms and conditions as to the payment of the difference in the value thereof and otherwise as he may think fit, and may execute all such deeds and documents as may be necessary in that behalf.

27. All sums required for the purposes of this Ordinance for compensation or costs of arbitration as against the Crown shall be borne and paid out of the public funds of the Colony or may be raised and paid by Public Loan, if duly authorized by Ordinance.

28. No suit or action shall be commenced or lie, or if commenced shall be continued against the Crown or against the Sanitary Board or any Committee thereof, or against any person whomsoever for any loss or damage incurred by or resulting to any person by reason-

(a) Of the removal either before or after the coming into operation of this Ordinance of the occupants of any house or part of a house, closed

by orders of the Sanitary Board, or of the loss of any rent occasioned thereby within the said area of the Taipingshan District, or

(b) Of the shutting up or closing of any houses or streets either before or after the coming into operation of this Ordinance by order of the Sanitary Board within the said area of the Taipingshan District, or

(c) Of the destruction or removal of, or of the damage either before or after the coming into operation of this Ordinance to any furniture, fittings, mezzanine floors, cocklofts, partitions or articles in any house closed or disinfected by orders of the Sanitary Board hereby resumed, provided such destruction, removal or damage occurred during the prevalence of the Bubonic Plague or during any operations which were necessary or deemed necessary for the cleansing and disinfecting of any such houses either before or after the coming into operation of this Ordinance, or

(d) of any loss of rent whatever.

29. Nothing in this Ordinance shall prejudice or interfere with the right of the Crown to recover payment of 5/6ths of the Crown rent payable in respect of any land resumed under this Ordinance for the half-year ending the 24th June, 1894, or of 2/3rds of any rates or taxes for the quarter ending the 30th June, 1894, or of any owner or landlord to claim from his assignees, sub-lessees or tenants

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(d). In the payment off of any mortgage legal or equitable on any land resumed under this Ordinance in respect of which the sum has been paid into Court, or (e) Where a sum has been paid into Court to the account of an owner who cannot be found or is absent from the Colony or of a person unknown, in payment to the Colonial Treasurer for the use of the Crown after the expiration of five years from the date of payment in: provided no application is pending for payment out of such fund, and provided satisfactory proof is adduced of the due publication of the notice of the payment in Court in accordance with section 18 sub-section (b) of this Ordinance. 23. All sums of money awarded by the Board and all costs awarded against the Crown shall be paid as soon as practicable after the award has been published and all sums of money (exclusive of costs) shall bear interest at the rate of 7 per cent. from 1st June, 1894, until payment either to the persons entitled thereto or into Court as aforesaid. 24. All sums paid into Court may be invested in such manner as a Judge of the Court may of his own motion or upon the application of any person interested therein direct. 25. Nothing in this Ordinance contained shall be deemed to affect any agreement arrived at between the Crown or the Governor and the owner of any land resumed hereunder for the payment of any compensation, before the final award of the Board and the publication thereof. 26. The Governor may by private contract exchange any other lands for any lands resumed under this Ordinance upon such terms and conditions as to the payment of the difference in the value thereof and otherwise as he may think fit, and may execute all such deeds and documents as may be necessary in that behalf. 27. All sums required for the purposes of this Ordinance for compensation or costs of arbitration as against the Crown shall be borne and paid out of the public funds of the Colony or may be raised and paid by Public Loan, if duly authorized by Ordinance. 28. No suit or action shall be commenced or lie, or if commenced shall be continued against the Crown or against the Sanitary Board or any Committee thereof, or against any person whomsoever for any loss or damage incurred by or resulting to any person by reason- (a) Of the removal either before or after the coming into operation of this Ordinance of the occupants of any house or part of a house, closed by orders of the Sanitary Board, or of the loss of any rent occasioned thereby within the said area of the Taipingshan District, or (b) Of the shutting up or closing of any houses or streets either before or after the coming into operation of this Ordinance by order of the Sanitary Board within the said area of the Taipingshan District, or (c) Of the destruction or removal of, or of the damage either before or after the coming into operation of this Ordinance to any furniture, fittings, mezzanine floors, cocklofts, partitions or articles in any house closed or disinfected by orders of the Sanitary Board hereby resumed, provided such destruction, removal or damage occurred during the prevalence of the Bubonic Plague or during any operations which were necessary or deemed necessary for the cleansing and disinfecting of any such houses either before or after the coming into operation of this Ordinance, or (d) of any loss of rent whatever. 29. Nothing in this Ordinance shall prejudice or interfere with the right of the Crown to recover payment of 5/6ths of the Crown rent payable in respect of any land resumed under this Ordinance for the half-year ending the 24th June, 1894, or of 2/3rds of any rates or taxes for the quarter ending the 30th June, 1894, or of any owner or landlord to claim from his assignees, sub-lessees or tenants Page 724
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(d). In the payment off of any mortgage legal or equit- able on any land resumed under this Ordinance in respect of which the sum has been paid into Court, or (e) Where a sum has been pail into Court to the account of an owner who cannot be found or is absent from the Colony or of a person un- known, in payment to the Colonial Treasurer for the use of the Crown after the expiration of five years from the date of payment in: pro- vided no application is pending for payment out of such find, and provided satisfactory proof is adduced of the due publication of the notice of the payment in Court in accordance with see- tion 18 sub-section (b) of this Ordinance. 23. All sums of money awarded by the Board and all costs awarded against the Crown shall be paid as soon as practicable after the award has been published and all sums of money (exclusive of costs) shall bear interest at the rate of 7 per cent. from 1st June, 1894, mutil payment either to the persons entitled thereto or into Court as aforesaid. 24. All sums paid into Court may be invested in such manner as a Judge of the Court may of his own motion or upon the application of any person interested therein direct. 25. Nothing in this Ordinance contained shall be deemed to affect any agreement arrived at between the Crown or the Governor and the owner of any land resumed hereunder for the payment of any compensation, before the final award of the Board and the publication thereof. 26. The Governor may by private contract exchange any other lands for any lauds resummed under this Ordinance upon such terms and conditions as to the payment of the difference in the value thereof and otherwise as he may think fit, and may executo all such deeds and documents as may be necessary in that bebalf. 27. All sums required for the purposes of this Ordinance for compensation or costs of arbitration as against the Crowu shall be borne and paid out of the public funds of the Colony or may be raised and paid by Public Loan, if duly authorized by Ordinance. 28. No snit or action shall be commenced or lie, or if commenced shall be continued against the Crown or against the Sanitary Board or any Committee thereof, or against any person whomsoever for any loss or damage incurred by or resulting to any person by reason- (a) Of the removal either before or after the coming into operation of this Ordinance of the occu- pants of any house or part of a house, closed of by orders of the Sanitary Board, or of the loss any rent occasioned thereby within the said area of the Taipingshan District, or (b) Of the shutting up or closing of any houses or streets either before or after the coming into operation of this Ordinance by order of the Sanitary Board within the said area of the Taipingshan District, or (c) Of the destruction or removal of, or of the damage either before or after the coming into operation of this Ordinance to any farniture, filings, mezzanine floors, cocklofts, partitions or articles in any house closed or disinfected by orders of the Sanitary Board hereby resumed, pro- vided such destruction, removal or damage occurred during the prevalence of the Bubonie Plague or during any operations which were necessary or deemed necessary for the cleansing and disinfecting of any such honses either before or after the coming into operation of this Ordinance, or (d) of any loss of rent whatever. 29. Nothing in this Ordinance shall prejudice or inter- fere with the right of the Crown to recover payment of 5/6ths of the Crown rent payable in respect of any land resumed under this Ordinnoce for the half-year ending the 24th June, 1894, or of 2/3rds of any rates or taxes for tho quarter ending the 30th June, 1894, or of any owner or landlord to claim from his assignes, sub-lessees or tovants Suma awarded te bear interest unt Bayitart Investraent of eats ald inta Court. Undipano not to Text DRVEN for or compensa tlon. Powers of EXPLANES. Punds cut o which com. pensation. R. to to pald. No sul to agina: Grow71, T'e, &c. £10, Bee Her ot Chwil for +trem, tr of owner of landford Beyrouth ar INXO LO be prejudicet. 724
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(d). In the payment off of any mortgage legal or equit- able on any land resumed under this Ordinance in respect of which the sum has been paid into Court, or

(e) Where a sum has been pail into Court to the account of an owner who cannot be found or is absent from the Colony or of a person un- known, in payment to the Colonial Treasurer for the use of the Crown after the expiration of five years from the date of payment in: pro- vided no application is pending for payment out of such find, and provided satisfactory proof is adduced of the due publication of the notice of the payment in Court in accordance with see- tion 18 sub-section (b) of this Ordinance.

23. All sums of money awarded by the Board and all costs awarded against the Crown shall be paid as soon as practicable after the award has been published and all sums of money (exclusive of costs) shall bear interest at the rate of 7 per cent. from 1st June, 1894, mutil payment either to the persons entitled thereto or into Court as aforesaid.

24. All sums paid into Court may be invested in such manner as a Judge of the Court may of his own motion or upon the application of any person interested therein direct.

25. Nothing in this Ordinance contained shall be deemed to affect any agreement arrived at between the Crown or the Governor and the owner of any land resumed hereunder for the payment of any compensation, before the final award of the Board and the publication thereof.

26. The Governor may by private contract exchange any other lands for any lauds resummed under this Ordinance upon such terms and conditions as to the payment of the difference in the value thereof and otherwise as he may think fit, and may executo all such deeds and documents as may be necessary in that bebalf.

27. All sums required for the purposes of this Ordinance for compensation or costs of arbitration as against the Crowu shall be borne and paid out of the public funds of the Colony or may be raised and paid by Public Loan, if duly authorized by Ordinance.

28. No snit or action shall be commenced or lie, or if commenced shall be continued against the Crown or against the Sanitary Board or any Committee thereof, or against any person whomsoever for any loss or damage incurred by or resulting to any person by reason-

(a) Of the removal either before or after the coming into operation of this Ordinance of the occu- pants of any house or part of a house, closed

of

by orders of the Sanitary Board, or of the loss any rent occasioned thereby within the said area of the Taipingshan District, or

(b) Of the shutting up or closing of any houses or streets either before or after the coming into operation of this Ordinance by order of the Sanitary Board within the said area of the Taipingshan District, or

(c) Of the destruction or removal of, or of the damage either before or after the coming into operation of this Ordinance to any farniture, filings, mezzanine floors, cocklofts, partitions or articles in any house closed or disinfected by orders of the Sanitary Board hereby resumed, pro- vided such destruction, removal or damage occurred during the prevalence of the Bubonie Plague or during any operations which were necessary or deemed necessary for the cleansing and disinfecting of any such honses either before or after the coming into operation of this Ordinance, or

(d) of any loss of rent whatever.

29. Nothing in this Ordinance shall prejudice or inter- fere with the right of the Crown to recover payment of 5/6ths of the Crown rent payable in respect of any land resumed under this Ordinnoce for the half-year ending the 24th June, 1894, or of 2/3rds of any rates or taxes for tho quarter ending the 30th June, 1894, or of any owner or landlord to claim from his assignes, sub-lessees or tovants

Suma awarded

te bear interest unt Bayitart

Investraent of eats ald inta Court.

Undipano not

to Text DRVEN for

or compensa

tlon.

Powers of EXPLANES.

Punds cut o which com. pensation. R.

to to pald.

No sul to

agina: Grow71,

T'e, &c.

£10,

Bee Her ot

Chwil for

+trem,

tr of owner of landford Beyrouth ar INXO LO be prejudicet.

724

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