THE HONGKONG GOVERNMENT GAZETTE, 29TH SEPTEMBER, 1894.
19. Any person entitled to any sum paid into Court or alleging that he is entitled thereto either on his own behalf or on behalf of any other person as trustee or otherwise may apply to the Court for the payment out or for the disposal thereof as hereinafter mentioned.
20. (1) The costs of any application to the Court may in the discretion of the Court be paid out of the fund in respect of which the application is made, and the Court may order any person who shall make any unsuccessful applica- tion or who shall oppose auy application unsuccessfully to pay the costs of the opposite party or may make no order as to costs as it may think fit.
(2) If in any case the Court is of opinion that any money paid into Court under section 17 of this Ordinance ought not to have been paid into Court, the Court may, on any application for the payment out of such moneys, award costs against the Crown.
(3) No fees of Court shall be payable on the payment into Court of any moneys under the said section 17 or on the payment out of any such moneys.
21. The Court may make such Rules and Regulations for the procedure to be adopted in relation to such applica- tion, as to the manner of making the same, as to the service of notice of the application and as to the method in which evidence on such application may be given or taken and generally in relation to such applications as to it may seem fit.
Such Rules and Regulations shall be binding when pub- lished in the Gazette.
22. All sums paid into Court under section 17 of this Ordinance may be paid out and applied as follows:-
(a) In payment to any person becoming absolutely
entitled thereto; or
(b) In payment thereof or any part thereof or of the income thereof to the guardian, trustee, or committee of the estate, of any person entitled thereto who is under disability or otherwise unable to give a legal discharge therefor; or (c) In the purchase of other lands to be conveyed and settled upon the like trusts and purposes and in the same manner as the lands in respect of which the sum shall have been paid stood settled, or
(d) In the payment off of any mortgage legal or equit- able on any land resumed under this Ordinance in respect of which the sum has been paid into Court, or
(e) Where a sum has been paid into Court to the account of an owner who cannot be found or is absent from the Colony or of a person un- known, in payment to the Colonial Treasurer for the use of the Crown after the expiration of five years from the date of payment in pro- vided uo application is pending for payment out of such fund, and provided satisfactory proof is adduced of the due publication of the notice of the payment in Court in accordance with see- tion 18 sub-section (b) of this Ordinance.
23. All sums of money awarded by the Board and all costs awarded against the Crown shall be paid as soon as practicable after the award has been published and all sums of money (exclusive of costs) shall bear interest at the rate of 7 per cent. from 1st June, 1894, until payment either to the persons, entitled thereto or into Court as aforesaid.
24. All sums paid into Court may be invested in such manner as a Judge of the Court may of his own motion or upon the application of any person interested therein direct.
25. Nothing in this Ordinance contained shall be deemed to affect any agreement arrived at between the Crown or the Governor and the owner of any land resumed hereunder for the payment of any compensation, before the final award of the Board and the publication thereof.
26. The Governor may by private contract exchange any other lands for any lands resumed under this Ordinance upon such terms and conditions as to the payment of the
Who may
apply for payment.
Costs of application.
Power of Court to make rules of procedure, &e.
Application
of moneys pail into Court.
Suma awarded to bear
interest until payment.
Investment of sums pati ince Court.
Ordinan
to affret agreci Si for com Rolan tion.
Powers of
exchange.
851
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