676075-1883-Ordinance-passed-6-of-1883- — Page 20

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THE HONGKONG GOVERNMENT GAZETTE, 16î¤ JUNE, 1883.

Where parties

retuse to

assign or do

not show title, we cannot be round, the purchase- teng to be guid fito

I post pay meet

into Court

being made,

5

vesi pa dred being execund.

Appliention of monies at mali into Cour

nance, the owner of such lands, including in such term all parties by this Ordinance enabled to sell or assign lands, shall, when required so to do by the Company, duly assign such lands to the Company, or as they shall direct; and in default thereof, or if he fail to adduce a good title to such lands to their satisfaction, it shall be lawful for the Company, if they think fit, to prepare a deed of convey- ance, assignment, or assurance of such lands to them- selves, containing a description of the lands in respect of which such default shall be made, and reciting the purchase or taking thereof by the Company, and the names of the parties from whom the same were purchased or taken, and the payment made in respect thereof, and declaring the fact of such default having been made, and to tender such deed after the same shall have been stamped with the stamp duty which would have been payable upon an assignment to the Company of the lands described tuerein, to the Registrar for execution on behalf of the owner and other (if any) the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained upon petition in a summary way, execute the same, and all the estate and interest in such lands of, or capable of being sold and assigned by the party between whom and the Company such agreement shall have been come to, or as between whom and the Company such purchase-money or compensation shall have been determined as herein provided, and shall have been paid as aforesaid, shall vest absolutely in the Company, and as against such parties, and all parties on behalf of whom they are hereinbefore enabled to sell and assign, the Com- pany shall be entitled to immediate possession of such lands.

92. If the owner of any of the said lands mentioned in the said Schedule D., and purchased or taken by the Company, or of any interest therein, on tender of the purchase-money or compensation which shall have been determined in manner aforesaid to be payable in respect thereof, refuse to accept the same, or neglect or fail to make out a title to such lands, or to the interest therein claimed by him, to the satisfaction of the Company, or if he refuse to assign or release such lands as directed by the Company, or if any such owner be absent from the said Colony of Hongkong, or cannot after diligent inquiry be found, or fail to appear on the inquiry herein provided for, it shall be lawful for the Company to pay the purchase- money or compensation payable in respect of such lands, or any interest therein, into Court subject to the control and disposition of the Court.

93. Upon any such payment into Court as last aforesaid being made, it shall be lawful for the Company, if they think fit, to prepare a deed of conveyance, assignment, or assurance of the last mentioned lands to themselves, containing a description of the lands in respect whereof such payment shall have been made, and declaring the circumstances under which such payment shall have been made, and to tender such deed, after the same shall have been stamped with the stamp duty which would have been payable upon an assignment to the Company of the lands described therein, to the Registrar for execution on behalf of the owner and other (if any) the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained upon petition in a summary way, execute the same and all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase-money or compensation shall have been so paid shall vest absolutely in the Company, and, as against such parties, they shall be entitled to immediate possession

of such lands.

94. Upon the application by petition of any party making claim to the money so paid into Court as last aforesaid, or any part thereof, or to the lands in respect whereof the same shall have been so paid or any part of such lands, or any interest in the same, the Court or a Judge may, as to it or him shall seem fit, order such money to be laid out or invested in or upon any securities or investments authorized by the Court or a Judge, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands, or any part thereof, and may make such other order in the premises as to such Court or Judge shall seem fit.