541206-1905-Tramway-Bill — Page 21

THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905. 1431

[92.]

[93.]

[94.]

in such penalty as aforesaid, continue in unlawful posses- sion of any such lands, the Promoter shall be liable to forfeit the sum of one hundred dollars for every day he or his contractor shall so remain in possession as aforesaid, such penalty to be recoverable by the party in possession of such lands, with costs, by an action to be instituted in the Court in its original jurisdiction in the same manner as is hereinbefore provided for in cases of disputed compensation, Provided always that nothing herein contained shall be held to subject the Promoter to the payment of any such penalties as aforesaid, if he shall bona fide and without collusion have paid the compensation which shall have been under the provisions of this Ordinance determined to be paid in respect of the said lands to any person whom the Promoter may have reasonably believed to be cutitle! thereto, or shall have paid the same into Court for the benefit or security of the parties interested in the lands, although such person may not have been legally entitled thereto,

deliver

[96.] If in any case in which, according to the provisions Proceedings of this Ordinance, the Promoter is authorized to enter upon in case of and take possession of such lands as are required for the refusal to purposes of the undertaking, the owner or occupier of any possession of such lands or any other person, refuse to give up the lands. possession thereof, or hinder the Promoter from entering upon or taking possession of the same, it shall be lawful for the Promoter to issue his warrant to one of the bailiffs of the Court to deliver possession of the same to the person ap- pointed in such warrant to receive the same and upon the receipt of such warrant such bailiff shall deliver possession of

any

such lands accordingly, and the costs accruing by rea- son of the issuing and execution of such warrant, to be settled by the Registrar, shall be paid by the person refusing to give possession, and the amount of such costs shall be deducted and retained by the Promoter from the compensation, if any, then payable by him to such party, or if no such compen- sation be payable to such party, or if the same be less than the amount of such costs, then such costs, or the excess thereof beyond such compensation, if not paid on demand, shall be recovered in the same way as any other costs pay- able under an order of the said Court.

[97.] No party shall at any time be required to sell or assign to the Promoter a part only of any house or other building or manufactory, if such party be willing and able to sell and assign the whole thereof,

Lands in Mortgage.

Parties not to be required

to sell part of a house.

[98.] It shall be lawful for the Promoter to purchase or Power to redeem the interest of the mortgagee of any of such redeem lauds as may be required for the purposes of this Ordi- mortgages, nance, and that whether he shall have previously purchased the equity of redemption of such lands or not, and whether the mortgagee thereof be entitled thereto in his own right, or in trust for any other party, and whether he be in possession of such lands by virtue of such mortgage or not, and whether such mortgage affect such lands solely, or jointly with any other lands not required for the purposes of this Ordinance, and in order thereto the Pro- poter may pay or tender to such mortgagee the principal and interest due on such mortgage with his costs and charges, if any, and also one month's additional interest, and thereupon such mortgagee shall immediately assign his interest in the lands comprised in such mortgage to the Promoter, or as he shall direct, or the Promoter may give notice in writing to such mortgaged that he will pay off the principal and interest due on such mortgage at the end of one mouth, computed from the day of giving such notice; and if he shall have given any such notice, or if the party entitled to the equity of redemption of any such lands shall have given notice of his intention to redeem the same, then at the expiration of either of such notices, or at any intermediate period, upon payment or tender by the Promoter to the mortgagee of the principal money due on such -mort- gage, and the interest which would become due at the end of one month from the time of giving either of such notices, together with his costs and expenses, if any, such mort- gagee shall assign or release his interest in the lands com- prised in such mortgage to the Promoter, or as he shall direct.