541206-1905-Tramway-Bill — Page 26

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THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

lands, the purchase whereof may

bave been omitted by mistake.

be estimated.

any party shall appear to be entitled to any estate, right, or interest in, or charge affecting, such lands which the Promoter shall, through mistake or inadvertence, have failed or omitted duly to purchase, or to pay compensation for, then whether the period allowed for the purchase of lands shall have expired or not, the Promoter shall remain in the undisturbed possession of such lands, provided within three months after notice of such estate, right, interest, or charge, in case the same shall not be disputed by the Promoter, or in case the same shall be disputed then within three months after the right thereto shall have been finally established by law in favour of the party claiming the same, the Promoter shall purchase or pay compcusation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the Promoter thereon and the time of the payment of such purchase-money or compeu- sation by the Promoter, so far as such mesne profits or interest may be recoverable in law or equity; and such purchase-money or compensation shall be agreed on, or determined, and paid in like manner as according to the provisions of this Ordinance the same respectively would have been agreed on, or determined and paid, in case the Promoter had purchased such estate, right, interest, or charge before [their] entering upon such lands, or as near thereto as circumstances will admit.

How value of [115.] The compensation to be given for any such last [111.] such lands to mentioned lands, or any estate or interest in the same, or for any mesne profits therecol, shall be the value of such lands, estate, or interest and profits, at the time such lands were entered upon by the Promoter, and without regard being had to any improvements or works made in the said lands by the Promoter, and as though the works had not been constructed.

Company to pay the costs of litigation as to such lauds.

[116.] In addition to the said purchase-money, compen- [112.] sation, or satisfaction, and before the Promoter shall become absolutely entitled to any such estate, interest, or charge, or to have the same merged or extinguished for his benefit, he shall, when the right to any such estate, interest, or charge, shall have been disputed by the Promo- ter and determined in favour of the party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof shall have taken place; and such costs and expenses shall, in case the same shall be disputed, be settled by the Registrar.

Miscellaneous.

Recovery of [117] Every fare, charge, penalty or forfeiture imposed by [118.] fare, penalty, this Ordinance or by any order in Council or rule made in

&c.

By distress.

pursuauce hereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before a Magistrate, and on complaint being made to a Ma- gistrate he shall issue a summons requiring the party com- plained against to appear before any Magistrate at a time and place to be named in such summons, and every such summons shall be served on the party offending either in person or by leaving the same with some inmate at his usual or last known place of abode, and upon the appear- ance of the party complained against, or in his absence after proof of the duc service of such smumons, it shall be lawful for any Magistrate to proceed to the hearing of the complaint although no information in writing or in print shall have been exhibited before him, and, upon proof of the offence, it shall be lawful for such Magistrate to con- vict the offender and upon such conviction to adjudge the offender to pay such fare, charge, penalty or forfeiture as well as such costs attending the conviction as such Magis- trate sball think fit.

[118.] If forthwith, upon any such adjudication as afore- said, the amount of the fare, charge, penalty or forfeiture and of such costs as aforesaid be not paid, the amount thereof shall be levied by distress, and any Magistrate shall issue his warrant of distress accordingly. The said amount shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satis-

[114.]