221540-1935-Supplementary-Draft-Bills--Stamp-Amendment-Buildings — Page 57

Difference

between building

owner and adjoining

owner as to expenses

Failure by adjoining owner to

express dis-

1018

143. At any time within one month after the delivery of the said account the adjoining owner, if dissatisfied there- with, may declare his dissatisfaction to the building owner by notice in writing served by himself or his agent, and specifying his objections thereto, and thereupon a difference shall be deemed to have arisen between the parties, and shall be determined in manner hereinhefore provided for the settlement of differences between building and adjoining

owners.

144. If within the said period of one month the adjoining owner does not declare in the said manner his dissatisfaction with the account, he shall be deemed to have to be deemed accepted the same, and shall pay the same on demand to the party delivering the account, and, if he fails to do so, the amount so due may be recovered as a debt.

satisfaction

acceptance.

Adjoining

owner

failing to contribute, building owner to become

sole owner.

Adjoining owner liable for expenses incurred on his requisi tion.

Other

easements and rights in regard to party structures

preserved.

Submission of claim.

Appointment of arbitra

tors.

145. Where the adjoining owner is liable to contribute to the expenses of building any party structure, then, until such contribution is paid, the building owner at whose expense the same was built shall stand possessed of the sole property in the structure.

146. The adjoining owner shall be liable for all expenses incurred on his requisition by the building owner, and in default of payment the same may be recovered from him as a debt.

147. Nothing in this Ordinance shall authorise any interference with any other easements in or relating to a party wall, or take away, abridge, or prejudically affect any right of any person to preserve or restore any other thing in or connected with a party wall in case of the party wall being pulled down or rebuilt

Arbitration.

148. No suit. action or other proceeding 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 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.

149. 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 claiming compensation.