:
1112
cf. No. 1 of 1909.
No. 10 of 1900.
CROWN LANDS RESUMPTION.
(a) take into consideration the nature and existing condition of the property, and the probable duration of the buildings in their existing state, and the state of repair thereof; and
(b) decline to make any compensation for any addition to or im- || provement of the property made after the date of the publication in the Gazette of the notice of intended resumption, or after the notice by the Colonial Secretary under section 5, as the case may be, (unless such addition or improvement was necessary for the main- tenance of the property in a proper state of repair) :
Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(2) A Board may also receive evidence to prove—
(a) that the rental of the building or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or
(b) that the building or premises are in such a condition as to be a nuisance within the meaning of any Building Ordinance, or any Ordinance relating to the Public Health, or is or are not in reason- ably good repair; or
(c) that the building or premises are unfit, and not reasonably capable of being made fit, for human habitation.
(3) If the Board is satisfied by such evidence, then the compensa. tion-
(a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and
(b) shall, in the second case, be the amount estimated as the value of the building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and
(c) shall, in the third case, be the value of the land and of the materials of the buildings thereon:
Provided, also, that, where insanitary property is resumed for the purpose of securing the erection of improved dwellings or buildings thereon or the sanitary improvement of such property, no additional
OROWN LANDS RESUMPTION.
No. 10 of 1900.
1113
A
allowance shall be made in respect of compulsory purchase. certificate, signed by the Colonial Secretary, to the effect that the property was resumed as being insanitary and for the purpose mentioned in this proviso shall be conclusive evidence thereof.
of process of
12. (1) Every notice under the hand of the chairman of a Board Execution may be substituted for and shall be equivalent to any form of process Board. capable of being issued in any action or suit for enforcing the attend- ance of witnesses or compelling the production of documents.
•
(2) 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 may authorise the imprisonment (which shall be without hard labour) of the offender for any period not exceeding 9 uonths.
(3) Every notice, order, or warrant of any Board may be served and executed in the same manner as notices, orders, and warrants of the Supreme Court may be served and executed in civil actions.
*
Board to be
13.-(1) If, in the discharge of the duties devolving upon any Decision of Board, there occurs a difference of opinion between the members, by majority, the decision of any two of them shall have the same force and effect and final. as if all the members had concurred therein.
(2) Any decision arrived at by the Board shall be final as regards
all parties interested.
(3) No award of compensation made by a Board with respect to the resumption of any land shall be liable to be set aside for irregu- larity or error in matter of form.
+
vacancy on Board.
14. During the pendency of any proceedings before any Board, if Filling of any member of the Board from any cunse is or becomes unable to act, his place, if he is a Judge, shall be filled by another Judge or, if he is a person appointed by the Governor, owner, or chairman, by some other person appointed by the Governor, owner, or chairman, as the case may require.
demise or
grant land
resumed.
15. Any land resummed under the provisions of this Ordinance may Power to be demised and granted by the Governor on such terms and condi-
*As amended by No. 28 of 1911, No. 80 of 1911 nad No. 2 of 1912.
As amended by No. 38 of 1911 and No. 1 of 1912.
As amanded by No. 28 of 1911 and No. 9 of 1012.
As amended by No. 28 of 1911.
655
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