The provision for these small things has been provided by the Bill. Sections 15 and 16 provide for what the award when made shall contain, and its publication. Sections 17 to 22 provide for the possibility of certain persons who are entitled to compensation under this Ordinance being unable to give a discharge to the Government for the monies awarded to them and the consequential provisions as to payment into Court and payment out of Court. They are obviously technical, and the only objection raised has been on the question of costs. I do not think there is anything very serious in that objection. It is the old cause. The solicitors of the colony think that the Lands Clauses Consolidation Act should be applied here and given effect to. I must say however I think it is going a little too far. I think in nearly every case under the Lands Clauses Consolidation Act those public Companies, which resumed lands by virtue of its provisions, have had to pay the costs of the applications to Court. Here it is proposed to leave the matter entirely in the discretion of the Judge except in the case where the Government have improperly or without due consideration paid money into Court. There the Court is given express power to make the Government pay the costs and give the money up again. That is the same as rules in the case of a trustee, and the Government is very much in the position of a trustee who pays money into Court improperly. There seems to be some misapprehension with regard to the money paid into Court. It has been stated that after money is paid into Court all increment of that fund until special application is made to the Court is to be accorded to the Government. There is no such intention in the Ordinance which expressly provides that it shall be carried to the specific account, and if these monies earn any income or interest I apprehend that the money thus earned will be added to the same account as that on which the principal stands.
Sections 25 and 26 provide, as I have already stated, for amicable arrangements either by terms or by the exercise of powers of exchange. Section 23 I apprehend there is no objection to now. It provides that "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) no loss of rent whatever. It originally was more general in application and applied to lands which had been closed by order of the Sanitary Board outside as well as within the particular area of Taipingshan. It is now confined to Taipingshan, and I presume there is no further objection to it. I do not know whether there are any other sections on which I should make any remarks. The last section but one enables other property within a period of six months of the coming into operation of this Ordinance to be brought within its powers. That seems to be absolutely necessary, if it is true that there are other blocks or other areas which are in a similar condition to that which it is proposed to resume.
In resuming my seat I may say that the Government have given very earnest consideration to this Bill and every objection raised to it, and their principle has been throughout in framing it, in bringing it before the public and in putting it before this assembly—festina lente.
The ACTING COLONIAL SECRETARY—I second the Bill.
Bill read a second time.
The Council then went into Committee on the Bill.
Upon Section 27 providing for funds out of which the compensation shall be paid,
The ACTING ATTORNEY GENERAL said—It has been suggested that it would not be practicable at the moment to pay any award, the colony might have no public funds, but possibly this money might be temporarily raised by means of Government bonds or debentures bearing interest at a rate lower than seven per cent, and redeemable at 3, 6, 7, or 9 months. Therefore in order to give power to issue those bonds or debentures, I propose that the section should read as follows—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, provided for, or paid by Public Loan or in such other manner as may be authorized by Ordinance.
Agreed.
A few other immaterial alterations were made, but some difficulty arose in regard to certain lots named in the schedule.
His EXCELLENCY—As there is some alteration needed in the schedule I think we had better postpone the third reading until these alterations are made. I suggest that we meet this day fortnight.
Hon. E. R. BELILIOS—Will not that be postponing the passing of the Bill too long, sir?
His EXCELLENCY—It has to wait for the Royal Assent. I have already sent the draft home to the Secretary of State, and informed him that the unofficial members had promised that there should not be any important amendment; I will telegraph to him when it is passed, and I asked him to telegraph Her Majesty's assent. That will take at least five weeks, so that there is no need to have the third reading at once. I will adjourn the Council to this day fortnight.
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tion for these small things has been provided by the Bill. Sections 15 and 16 provide for w at the award when made shall contain, and its publication. Sections 17 to 22 provide for the possibility of certain persons who are entitled to compensation under this Ordinance being unable to give a dis- charge to the Government for the monies award- ed to them and the causequential provisions as to payment into Court and payusat out of Court. They are obiady technical, and the only objection. raised has been on the question of costs I do not think there is anything very serious in that bjection. It is the old c use. The solicitors of the colony think that the Land Chunsas Conso- lidation Áct should be applied here and givea effect to. I must say howevar I think it is going a little too far. I think in nearly every case under the Lands Clanses Consolidation Act those publio Companies. which resumed lands by virtne of its provisions have had to pay the coats of the applications to Court. Hare it is proposed to leave the matter entirely in the discretion of the Judge except in the case where the Government bave improperly or without due opasi leration paid money lato Court. There the Court is given express powr to make the Government pay the costs and give the money up again. Tint is the same as roles in the case of a truates, and the Government is very wach in the position of a trustee who pays mousy into Court improperly. 3 bare searas to be gume mis- apprehension with regard to the money paid into Court. It has been stated that after money is paid into Court all increment of that fand natil special application is made to the Court is to be nocorded to the Government. There is un sach iutention in the Ordinanes which expressly provides that it shall be carrie I to the specific account, and if these monies earn any income or interest I apprehend that the money thus earned, will be added to the same account as that on which the principal standa. Sections 25 and 26 provide as I have already stated, for amigable arrange- mants either by terms or by the exercise of powers of exchange. Section 23 I apprehend there is no objection to now. It provides that "No suit or action shall be commenced or lie, or if commenced shall be continned against the Crown or against the Sanitary Board or any Committee thereof, or against any person whom- soever 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 bouse 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 sither before or after the coming into operation of this Ordiusnos by order of the Sinitary Board within the said area of the Tri- pingshan District, or (c) Of the destruction j or removal of, or of the damage either before or after the coming into operation of this Ordia- ance to any furniture, fittings, mezz nine floors, cocklofts, "partitions or articles in any house elosed or disinfected by orders of the Sani- tary Beard hereby resumed, provided sach destruction, removal, or dinge occurred daring the prevalence of the Bubonic Plague or during any operatious which were necessary or deemed necessary for the oleausing and disinfecting of any such houses either ba fore or after the coming into operation of this Ordinance, or (d) no loss of reot whatever It originally was more general in application and applied to lands which had been closed by order f the Sanitary Board outside as well as within the particular area of Taipingsbau. It is now confined to Taipingshan, and I presume there is no further objection to it. I do not know whe- har there are any other sections on which I should make any remarks. The last s-ction bat ous opables other property within a period of six wouths of the coming into operation of this Or dinance to be brongat within its powers. That seems to be absolutely necessary. if it is true that there are other blocks or other area- which are in a similar condition to that which it is proposed to resume. In resaming my seat L may say that the Government have given very earnest consideration to this Bill and every obj-a- tion raised te it, and their principle has ben throughout in framing it, in bringing it before the pablic sud in putting it before this assembly- festina lente.
The ACTING COLONIAL SECRETARY—I 88-
cond
cond the Bill
Bill read a second time.
The Council then went into Committee ha the Bill,
Upon Section 27 providing for funds out of which the compensation shall be paid,
The ACTING ATTORNEY GENERAL said-It bas been suggested that it would not be practic- able at the moment to pay any award, the colony might have no publio fans, but possibly this money might be temporarily raised by means of Government bouds or debentures bearing in- terest at a rate lower than seven per cent, and redeemable at 3 6.7 or 9 months. Therefore in order to give power to is as those bonds or debentures. I propose that the section should read as follows-All sama 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 fund- of the Colony or may be raisel, provided for, or paid and paid by Public Loan or in such other manner as may be authorized by Ordinance.
Agreed.
A few other immaterial alterations were made, bat some diffenliy arose in regard to certain lota named in the schedule.
is EXCELLENCY-As there is some alter. Ation needed in the schedule I think we had better postpone the third reading until these alterations are made. I suggest that we meet this day fortoight.
Hon. E. R. BELILIOS-Will not that be post. poning the passing of the Bill too lour, sir?
His EXCELLENCY-It has to wait for the Royal Asst. I have already sent the draft home to the Secretary of State, and informed bio that the anofficial members had promised that there should not be any importaut amendment; I will folograph to kid when it is passed, and L asked him to telegraph Her Majesty's sout. That will take at least five weeks, so that there is no need to have the third reading at once. f will adjourn the Council to this day fortnight.
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