273
Obstruction
of streets prohibited.
Submission of claim.
Appointment
of arbitra-
tors.
Principles
on which
to be based.
50
Private streets.
218. No shed, lean-to, shelter, show case, counter or stall for the sale of food or goods or any other obstruction of any kind shall be erected or maintained or placed in, over, or upon any portion of any street on land held under lease from the Crown unless with the written consent of the Governor-in- Council.
Arbitrators,
219.---(1) No suit, action or other proceedings shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment payable is otherwise provided for by this Ordinance, submit to the Colonial Secretary, on the same date as the plans relating to the works respect of which such compensation is claimed are deposited with the Building Authority, if any such plans are so deposited. a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim
(2) In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Urban Council or in the Governor-in-Council, the person claiming shall await the decision of the Urban Council or of the Governor-in-Council before proceeding with the works.
220. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following
(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claim- ing compensation.
(2) The two arbitrators so nominated shall view the pre- mises. inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final
(3) In case of disagreement the arbitrators shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisue Judge in chambers as umpire, and his decision shall be final.
(4) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.
the value of
any
purpose
221. (1) The arbitrators and umpire in determining compensation the compensation to be paid and in estimating for such
land resumed or of any building thereon— (a) may take into consideration the rateable value and the net rental of the Rating Ordinance, 1901, the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state;
(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvements was necessary for the maintenance of the premises in a proper state of repair); and
51
(c) shall not make any allowance in respect of the acquisi- tion being compulsory.
(2) The said arbitrators or umpire shall also receive evidence to prove-
(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any other illegal purpose; or
(b) that the rental of the premises was enhanced by illegal overcrowding; or
(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or
(d) that the premises are unfit, and not reasonably capable of being made fit for human habitation.
(3) If the said arbitrators or umpire are satisfied by such evidence, then the compensation shall-
(a) in cases (a) and (b), so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and
(b) in case (c), be based on the amount estimated as the value of the 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 of putting them into such repair, as the case may be; and
(e) in case (d), be based on the value of the land, and of
the materials of the buildings thereon.
among
222. During the pendency of any proceedings before the Vacancies arbitrators, if either of them shall from any cause be unable to arbitrator.. act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and if he is a person appointed by the claimant, shall be filled by some other person so appointed,
Miscellaneous.
Breach of condition of
223. The breach of or failure to perform any term or condition attached to any modification of or exemption from modification any provision of this Ordinance shall entitle the authority or exemption. by whom such modification or exemption was granted, to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.
of modifica-
cancellation
224. A memorandum stating the effect of any modifica- Registration tion of or exemption from any provision of this Ordinance and tion and of any terms or conditions attached thereto, signed by or on thereof, behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the pro- perty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.
274
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