658288-1889-Bill-Reclamation — Page 4

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THE HONGKONG governmeNT GAZETTE, 20TH APRIL, 1889.

(iv.) Notwithstanding any such agreement as afore- said shall have been signed by any lessee, if any error in quantity or area of land agreed to be granted shall be discovered by either party thereto prior to the granting of a Crown lease of such land it shall be lawful for the Governor in Council to rectify and readjust the same and to grant a less or greater portion of land as the case may be, and to alter accordingly of the lessees contribution: Provided always that the lessee, if his portion of land is diminished, shall have the option, if he so elect, of cancelling the said agreement and thereupon all moneys he shall have already paid shall be refunded. (v.) Notwithstanding anything contained in the Sche- dule to be deposited in the said Office as aforesaid or in any agreement entered into in pursuance of this Ordinance no lessee shall (save as provided by subsection (vii) of this section) be liable for more than the actual cost of the reclamation of the land agreed to be granted to him and of all works authorised by this Ordinance in connection therewith (such actual cost in case of doubt to be decided by the Governor in Council) and if such cost shall exceed or be less than the amount estimated or named in such Schedule or any agreement as aforesaid the lessee shall bear and pay such excess or be entitled to the benefit of such less sum and to a proportionate refund. (vi.) In case any lessee shall not signify his acceptance in the manner and within the time provided in sub-section (ii) of this section he shall have no claim to any compensation in respect of any depreciation of his lot by reason of the said works, but the Governor may if he thinks fit award to him such a sum of money or such a Crown Lease of new land as he may in his abso- lute discretion think sufficient as and by way of compensation for any injury that such lot-holder may have sustained by the said works. (vii.) If from time to time before the completion of the said works any extraordinary loss, damage or expense is caused to or rendered necessary for the said works or for any portion thereof by or in consequence of any unforeseen difficul- ties that may present themselves in the progress of the said works or by or in consequence of any typhoon or storm or other catastrophe such loss, damage or expense shall when it has been ascertained by the Surveyor General aud certified by him to the Governor in Council, be made good by the lessees who have entered into agrec- ments in pursuance of this section such lessees contributing such a proportion of the sum re- quired, as the Surveyor General shall certify to be equivalent to the proportion which the amount of the lessee's contribution mentioned in his agreement bears to the total cost of the said works.

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(viii.) So much of the cost of the said works as shall not be contributed by the lessees under the provisions of this Ordinance shall be defrayed out of the Public Revenues of the Colony. 8. Except as in this Ordinance provided, no marine lot- holder or other person shall be entitled as against the Crown to any damages or compensation for the depreciation or injurious affecting of his property or business caused by, or resulting either directly or remotely, from any of the said works.

9. Nothing in this Ordinance shall be deemed to recog- nise any foreshore rights whatever as against the Crown; nor shall anything herein be deemed to affect any right or claim as between lessees and their sub-lessees or tenants inter se.

10. From and after the completion of the embankment authorized by this Ordinance, the Governor shall keep and maintain the seawall thereof and all the Public Roads there- on out of monies to be provided from the public revenues of the Colony: Save as aforesaid, the Governor shall not be liable to any deterioration, subsidence, or damage of and to the said embankment.