541206-1905-Tramway-Bill — Page 25

THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

[103.]

[106.]

[107.]

[108.]

[109.]

[110.]

remain exclusively charged therewith; and such memoran- dum shall be made and executed at the expense of the Pro- moter, and shall be evidence in the Courts and elsewhere of the fact therein stated but not so as to exclude any other evidouce of the same facts.

taken the

[109.] Where part only of any lands comprised in a lease Where part for a term of yours shall be required for the purposes of only of lands this Ordinance, the rent payable in respect of the lands under lease comprised in such lease shall be apportioned between the rent to be lands so required and the residue of such lands; and such apportioned. apportionment may be determined by agreement between the lessor (including His Majesty, His Heirs and Success- ors, in those cases where Iis Majesty, His Heirs or Successors, shall be the lessor) and the lessec of such lands on the one part, and the Promoter on the other part, and if such apportionment be not so determined by agreement between the parties, such apportionment shall be deter- mined by the Court or a Judge, upon petition in a summary way, and after such apportionment the lessee of such lands shall, as to all future accruing reut, be liable only for so much of the rent as shall be so apportioned in respect of the lands not required for the purposes of this Ordinance; and as to the lands not so required, and as against the lessce, the lessor shall have all the same rights and remedies for the recovery of such portion of rent as previously to such apportionment he had for the recovery of the whole rem reserved by such lease; and all the covenants, condi- tions, and agreements of such lease, except as to the amount of rent to be paid, shall remain in forec with regard to that part of the land which shall not be required for the purposes of this Ordinance, in the same manner as they would have done in case such part only of the land hay been included in the lease.

[110.] Every such lessee as last aforesaid shall be entitled Tenants to to receive from the Promoter compensation for the damage be com- done to him in his tenaney by reason of the severance of pensated. the lands required from those not required or otherwise by reason of the execution of the works.

tenants from

[111.] If any such lands shall be in the possession of and Compensa- person having no greater interest therein than as tenant for tion to be a year, or from year to year, and if such person be requirey made to to give up possession of any lauds so occupied by him before year to year, the expiration of his term or interest therein, he shall be e. entitled to compensation for the value of his expired term or interest in such lands, and for any just allowance which onght to be made to him by an incoming tenant, and for any loss or injury he may sustain, or if a part only of such lands be required, compensation for the damage done to him in bis tenaney by severing the lands held by him or otherwise injuriously affecting the same; and the amount of such compensation shall be determined, in case the parties differ about the same, by the Court or a Judge upoù peti- tion in a summary way, and upon payment or tender of the amount of such compensation all such persons shall respect- ively deliver up to the Promoter, or to the person appointed by him to take possession thereof, any such lands in bis possession required for the purposes of this Ordinance.

[112.] If any party, having a greater interest than as Where tenant-at-will, claim compensation in respect of any un- greater expired term or interest under any lease of any such lands interest the Promoter may require such party to produce the lease claimed than at will, lease in respect of which such claim shall be made, or the best to be evidence thereof in his power; and if after demand made produced. in writing by the Promoter, such lense, or such best evidence thereof, be not produced within twenty-one days, the party so claiming compensation shall be considered as a tenant holding only from year to year, and be entitled to compen- sation accordingly.

Limit of compulsory powers.

[113.] The powers of the Promoter for the compulsory Limit of purchase or taking of lands for the purposes of this Ordi- time for nance shall not be exercised after the expiration of three compulsory

purchase. years from the coming into operation of this Ordinance.

Interests omitted to be purchased.

[114.] If at any time after the Promoter shall have entered Company upon any lands which, under the provisions of this Ordi- empowered nance, he was anthorized to purchase, and which shall to purchase be permanently required for the purposes of this Ordinance,

interests in

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