645553-1894-Ordinances-Nos-7-and-8-of-1894-Assented-to — Page 8

850 THE HONGKONG GOVERNMENT GAZETTE, 29TH SEPTEMBER, 1894.

Mode of determining claims for compensation of owners.

Mode of deterinining claims for compensation of sub-lessees and tenant.

No compensa-

tion for removal or destruction of furniture, &c., during existence of plague.

Contants of award.

Publication

of award.

Provision for

payment into Court of sums payable to

persons under disability, &o.

Receipt to be given on payment in and notice to

be gazetted.

13. In determining claims for compensation by owners in respect of lands resumed under this Ordinance, the Board after hearing the parties may award such compensation as they may think fit, may in their discretion take into consi- deration and receive evidence of any matters or things they may deem just and fair, and may make such deductions in respect of the age, character, insanitary condition and state of repair of the houses on the said lands or otherwise as to them may seem fair or reasonable.

14. In determining claims for compensation by any sub- lessce or tenant of the whole or any portion of any house, entitled to claim under this Ordinance, whose interest has been summarily determined by the resumption of any land under this Ordinance, the Board after hearing the parties shall assess such compensation as nearly as may be, as if such interest had been tortiously put an end to or determined by the immediate landlord of the claimant and he had brought an action for damages against such landlord in any Court of law or equity, but no compensation shall be given for any furniture, fittings, mezzanine floors, cocklofts, partitions or articles in any house resumed under this Ordinance which have been removed, destroyed or damaged during the preva-. lence of the Bubonic Plague by reason of any operations for the cleansing or disinfecting of such house; and no com- pensation shall be given in respect of the occupation of, or of rents derived from, the letting of any house or portion of a house declared upon the list published under the provisions of section 6 of this Ordinance to have been found to be unfit from any cause for human habitation.

15. Every award of the Board shall state-

(a) The full amount awarded to the owner by way of compensation for the resumption of his land and to each of the persons interested therein who have made claims.

(b) The persons to whom it is payable.

(e) The proportions in which it is payable to such

persons.

(d) In respect of what interest, right, easement or

otherwise it is awarded.

(e) Whether any and if any which of such persons are under disability or otherwise incapable of giving a legal discharge for any sum awarded.

A

(f) Whether any of the persons entitled to any com- pensation or any proportion thereof are unknown or cannot be found or are absent from and have no agent in the Colony.

(g) The amount of costs (if any) awarded and against

whom.

16. Every award as soon as practicable after it has been drawn up shall be forwarded to the Governor and published in the Gazette and in one English and one Chinese paper in the Colony for such period or periods as the Board shall direct.

17. Where it appears from any such award that any person therein named to whom any sum is to be paid by way of compensation is

(a) Under disability or cannot otherwise give a legal discharge to the Crown for the payment of any sums apportioned to such person; or

(b) Cannot be found or is unknown, or is absent from the Colony and has no agent here authorised to give a discharge for such sum,

It shall be lawful for the Governor to pay such sum into Court to an account to be entitled in the matter of this Ordinance and of the person entitled thereto, or if such person is unknown to some title indicating the amount paid in and the source from which it is derived.

18. Where any such sun is paid into Court as aforesaid (a) The receipt of the Registrar of the Court shall be a complete discharge to the Governor therefor. (b) Notice of such payment shall be forthwith published by the Registrar in the Gazette and in one or more of the local daily newspapers and until the same is paid out shall be re-published annually.