541206-1905-Tramway-Bill — Page 19

THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

[85.]

[86.]

[87.]

such costs as are herein otherwise provided for, and the costs of the investment of such monies in manner by this Ordinance provided and of the re-investment thereof in the purchase of other lands, and also the costs of obtaining the proper orders for any of the purposes aforesaid, and of the orders for the payment of the dividends and interest of the securities upon which such monies shall be invested, and for the payment out of Court of the principal of such monics, or of the securities whereon the same shall be invested, and of all proceedings relating thereto, exrepr such as are occasioned by litigation between adverse claim- ants: provided always, that the costs of one application only for re-investment in land shall be allowed, unless it shall appear to the Court that it is for the benefit of the parties interested in the said monies that the same should be invested in the purchase of lands, in different sums, and at different times, in which case it shall be lawful for the Court to order the costs of any such investments to be paid by the Promoter.

Assignments.

[89.] Assignments of lands to the Promoter shall be in Assignments. such form as the Promoter shall think fit.

[90.] The costs of all such assignments shall be borne by Cost of the Promoter, and such costs shall include all charges and assignments. expenses incurred, on the part as well of the seller as of the purchaser, of all assignments and assurances of any sach lands, and of any outstanding terms or interests therein and of deducing, evidencing and verifying the title to such lands, terms or interests, and of making out aud furn- ishing such abstracts and attested copies as the Promoter may require, and all other reasonable expenses incident to the investigation, deduction and verification of such title.

assignments

[91.] If the Promoter and the party entitled to any such Taxtion of costs shall not agree as to the amount thereof, such costs costs of shall be taxed by the Registrar upon an order of the Court, to be obtained upon petition in a summary way by the Promoter, or by such party, if the Promoter refuse or negleet to apply for such order for fourteen days after notice from such party so to do, and the Promoter shall pay what the Registrar shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs pay- able under an order of the said Court, and the expense of taxing such costs shall be borne by the Promoter, unless upon such taxation one-sixth part of the amount of such costs shall be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the Registrar and deducted by him accordingly in his certificate of such taxation.

14129

Entry on Lands.

[88.]

[89.]

made

previous fo entry, except survey, &e.

[92.] The Promoter shall not, except by consent of the Paymen of owners and occupiers, enter upon any of such lands which price to be shall be required to be purchased or permanently used for the purposes and under the powers of this Ordinance, until he shall either have paid to every party having any interest in such lands, or paid into Court in the manner herein mentioned the purchase-money or compensation to be paid to such parties respectively for their respective interests therein: provided always that for the purpose merely of surveying such lands, and of setting out the line of the works, it shall be lawful for the Promoter, after giving not less than three nor more than fourteen days' notice to the owners or cccupiers thereof, to enter upon such lands with- out previous consent, making compensation for any damage thereby occasioned to the owner or occupiers thereof.

lands before

[93.] Provided also, that if the Promoter shall be desirous Promoter to of entering upon and using any of such lands before be allowed an agreement shall have been come to, or the purchase- to enter on money or compensation to be paid by him in respect rebase, on of such lands shall have been determined as herein pro- making vided, it shall be lawful for the Promoter to pay into deposit by Court by way of security either the amount of purchase- way of money or compensation claimed by any party interested Security and giving bond. in, or entitled to sell and assign such lands, and who shall not consent to such entry, or such a sum as shall, by the Court or a Judge upon petition in a summary way be determined to be the value of such lands or interest therein