CO129-545-8 Annual medical report 1932 2-11-1933 - 16-5-1934 — Page 281

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Arbitration.

153. No suit, action or other proceeding shall lie in Submission. any court for the recovery by any person of compensa- of claim. tion for loss alleged to have been caused by the opera- tion of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

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 Governor in Council, the person claiming shall await the decision of the Governor in Council before proceeding with the works.

154. In the event of dispute, the amount of com- Appointment pensation, if any, payable under this Ordinance shall of arbitra be determined by arbitration in the manner follow- tors. ing:-

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.

(2) The two arbitrators so nominated shall view the premises, 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.

In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(3) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

155.—(1) The arbitrators and umpire in determin- Principles ing the compensation to be paid and in estimating for on which such purpose the value of any land resumed or of compensa-

any building thereon-

tion to be based.

(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance. 1901, the nature Ordinance- and the condition of the premises, the state No. 6 of of repair thereof, and the probable duration 1901. of the premises in their existing state; and

(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 improvement was neces- sary for the maintenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of

the acquisition being compulsory.

(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove―

was

(a) that the rental of the premises

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 en-

hanced 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

be received...

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