541206-1905-Tramway-Bill — Page 15

THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

[65.] If the Promoter or any such party as aforesaid fail Compen-

[61.]

[as to value]

[as to]

[62.]

[1905]

[63.]

[64.]

[05.]

[66.]

[67.]

[68.]

to serve the said respective notices aforesaid within the sation to be respective times aforesaid, or if no agreement [] be come to determined between the Promoter and the owners of or parties by this y suit. Ordinance enabled to sell, and assign, or release, any of such lands or any interest therein, or as to the compensa- tion to be made in respect thereof, or [for] any damage that may be sustained by reason of the execution of the works, the amount of such value, compensation, or damage shall be determined by a suit to be instituted in the Court in its original jurisdiction.

[66.] Every such suit shall be commenced by a writ of Writ to summons headed Compensation under the Tramway issue. Ordinance [1904] and shall be issued by the Registrar of the Court on the filing by the Promoter of a præcipe for the same, or on the filing by the party claiming compensation, if the Promoter shall not, within fourteen days after service upon him by such party of a notice requiring him so to do, file his præcipe for such writ.

[67.] The plaintiff shall be at liberty to make upon the Special fu- writ of summons and copy thereof a special indorsement, dorsement. which indorsement may be in the form shown in Schedule

B to this Ordinance, or as near thereto as the circumstances of the case will admit of.

[68] After the appearance of the defendant to a writ Applications specially endorsed, or in ease of uon-appearance, the Pro- for reference. moter may, within seven days after the time limited for appearance, apply by summons in chambers for a reference to the Registrar to ascertain the amount of such value, compensation, or damage as aforesaid, and thereupon the Judge may make such order as he shall think fit. If the Promoter do not make such application within the time aforesaid, the other party may, within five days after the expiration of such seven days, make such application.

[69.] Except as is herein otherwise provided, the practice Practice to to be followed in every such action as aforesaid, and the be followed. proceedings therein, shall be the same as the practice and Costs. proceedings for the time being obtaining in actions in the Court in its original jurisdiction, save that, if it appears to the Court, or a Judge, that no question is in issue between the parties beyoud the amount of compensation to be awarded, it shall not be necessary to file any written plead- ings, but the Court, or Judge, may make such order on the confirmation of the Registrar's report as to it, or him, may seem just, and the costs of the action shall be in the discre- tion of the Court, unless the same or a less sum than shall have been offered by the Promoter shall be directed to be paid by him, in which case cach party shall bear his own costs.

absent parties to be

[70.] The purchase money or compensation to be paid for How com- any of such lands required to be purchased or taken by pensation to the Promoter from any party who, by reason of absence from the Colony of Hongkong, is prevented from treating, determines. or who cannot after diligent enquiry be found, shall be determined upon petition to the Court in a summary way, and the expenses thereof and incident thereto shall be borne by the Promoter.

[71.] In estimating the purchase money or compensation Damage for to be paid by the Promoter in any of the cases aforesaid, severance, regard may be had not only to the value of the lands to be &c., may be

included in

purchased or taken by the Promoter, but also to the damage compen- if any to be sustained by the owner of the lands by reason satio. of the severing of the lands taken from other lands of such owner, or of such other lauds being otherwise injuriously affected by the exercise of the powers of this Ordinance, and to the fact that the lands taken are so taken from such owner compulsorily.

[72.] When the compensation payable in respect of any Where com- of such lands or any interest therein, shall have been as- pensation to certained and paid into Court under the provisious herein absent party

has been contained, by reason that the owner of, or party entitled to

ascertaine l assign such lands or such interest therein as aforesaid

as aforesaid could not be found, or was absent from the said Colony the party of Hongkong, if such owner or party shall be dissatisfied may have the with such determination, it shall be lawful for him, before mination 8 he shall have applied to the Court for payment out or in- in other vestment of the mouies so paid into Court, by notice in cases of writing to the Promoter to require the question of such disputed compensation to be determined by an action to be instituted compen-

same deter-

sation.

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