646897-1893-Ordinance-7-of-1893-Assented-to — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 15TH APRIL, 1893.

Short title.

Ascertain- ment of compensation.

If Valters disagree umpire to decide.

Form of Table, which is to Lind all parties.

List of paycea.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited for all purposes as The Praya Wharves and Piers Ordinance, 1893,

2. Immediately after the coming into operation of this Ordinance, the Director of Public Works of this Colony together with WILLIAM DANBY, Esquire, of Hongkong, Member of the Institution of Civil Engineers, hereinafter called the Valuers, shall estimate the probable cost of the removal and re-crection in like situations, abutting on the new Praya, of the aforesaid five Government Public Piers and Wharves and of each of the privaté Piers and Wharves along the line of the said Reclamation, existing at the date of the passing of The Fraya Reclamation Ordinance, and shall also estimate the amounts which should be deducted in each case from the amount of such cost for structural depreciation at the time of the passing of The Praya Re- clamation Ordinance, 1889, and when the Valuers have agreed as to the amount of such estimates or in case of difference, when the Umpire, hereinafter mentioned, shall have decided the sums to be inserted they shall duly cause to be prepared a Table of Compensation in which shall be entered

(a) The names of the said five Government Publie Piers and Wharves, and the amount of com- pensation to be paid in respect thereof. The total amount thus estimated may be referred to as "The Public proportion of compensation."

(b) The names or descriptions of each of the said private Wharves and Piers along the line of the said Reclamation and the amount allotted as part compensation in respect of each of the said private Wharves and Piers.

As regards (a) the amounts inserted shall be the total probable cost of removal and re-erection less the amounts of deduction for structural depreciation.

As regards (b) the amounts shall be arrived at as fol- lows:-From the sum of $180,000 shall be deducted the "Public proportion of compensation" and the fees payable under section 9, and the balance shall be divided pro ratâ between the said private Wharves aud Piers according to the estimated probable cost of removal and re-erection after deducting therefrom the estimated amount for structural depreciation.

3. Should the said Valuers fail to agree in respect of any or all of the amounts to be eutered in the aforesaid Table they shall refer the matters in which they shall so fail to agree to His Honour Chief Justice FIELDING CLARKE, hereinafter called the "Umpire," who shall duly consider the respective views of the aforesaid Valuers and such facts or statements as they shall lay before him and decide the sum to be inserted in the said Table.

4. Such Table shall be in the form in Schedule A to this Ordinance. The Table when completed shall be signed by the said Valuers and also by the Umpire, if any amount contained therein has been decided by him, and shall be published in the Government Gazette, and thereupon it shall be final and binding on all persons in respect of the amounts to be paid on account of each Wharf and Pier named therein,

5. Within one month from the publication of the said Table in the Gazette, there shall also be published in the Gazette a List of the respective persons to whom it is pro- posed to pay the respective sums mentioned in the said Table.

If. in any particular instance or instances, any person has any objection to payment being made to the person or per- sous named in the said List, Ee may, within three months from the date of the publication of such List, send in writ- ing to the Colonial Secretary his objection and the reason thereof and the name or names of the persons to whom he alleges payment should be made.