676075-1883-Ordinance-passed-6-of-1883- — Page 16

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THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.

Parties under disability

enabled to sell and assign.

Parties under disability

to exercise other powers.

Compensation where parties are under

disability.

Part of Capi-

turto be subs- cribed before compulsory powera ever- vised.

Notice of intention to take lands.

and assign the same, for the absolute purchase for a consideration in money of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever.

66. It shall be lawful for all parties, being seised, possessed of, or entitled to any such lands, or any estate or interest therein, to sell and assign or release the same to the Company, and to enter into all necessary agreements for that purpose, and particularly it shall be lawful for all or any of the following parties, so seized, possessed, or entitled as aforesaid so to sell, assign or release (that is to say) all corporations, tenants in tail, or for life, married women seized in their own right, guardians, committees of lunatics and idiots, trustees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession, or subject to any lease for life, or for lives and years, or for years, or any less interest; and the power so to sell and assign or release as aforesaid may lawfully be exercised by all such parties, other than lessees for life, or for lives and years, or for years, or for any less interest, not ly on behalf of themselves and their respective heirs, executors, adminis trators and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and, as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics and idiots respectively could have exercised the same power under the authority of this Ordinance, if they had respectively been under no disability, and as to such trustees, executors and administrators, on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuique trusts respectively could have exercised the same powers under the authority of this Ordinance if they had respectively been under no disability.

67. The power to release lands from any rent-charge or incumbrance, and to agree for the apportionment of any such rent-charge or incumbrance shall extend to, and may lawfully be exercised by every party hereinbefore enabled to sell and assign or release lands to the Company.

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68. The purchase money or compensation to be paid for any lands to be purchased or taken from any party under any disability or incapacity and not having power to sell of assign such lands except under the provisions of this Ordinance, and the compensation (if any) to be paid for any permanent damage or injury to any such lands, where such party has agreed to the amount to be paid, shall not be less than shall be approved by the Court „ór a Judge, upon the petition to the Court in a summary way of any of the parties interested, and all purchase money and compensation recovered under or by virtue of this section shall be paid into Court for the benefit of the parties interested.

Purchase of lands otherwise than by agreement..

69. Before it shall be lawful for the Company to put in force any of the powers of this Ordinance in relation to the compulsory taking of land for the purposes of the undertaking, or open or break up any roads, the Company shall satisfy the Governor in Council that one third part at least of the capital or estimated sum for defraying the expenses of the undertaking shall have been subscribed under contract binding the parties thereto, their heirs, executors and administrators, for the payment of the several sums by them respectively subscribed, and a certificate of the Governor, published in the Gazette, shall be conclusive evidence that such amount has been duly subscribed.

70. When the Company shall require to purchase or take any of the lands more particularly mentioned and set out in Schedule D. to this Ordinance, they shall give notice thereof to all the parties interested in such lands, or to the parties enabled by this Ordinance to sell and assign_or release the same, or to such of the said parties as shall, after diligent enquiry, be known to the Company, and by such