676075-1883-Ordinance-passed-6-of-1883- — Page 21

THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.

95. If any question arise respecting the title to the lands in respect whereof such monies shall have been so paid into Court as aforesaid, the parties respectively in possession of such lands, as being the owners thereof, or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary be shown to the satisfaction of the Court or a Judge, upon petition in a summary way, and, unless the contrary be shown as aforesaid, the parties so in possession, and all parties claiming under them, or consistently with their possession, shall be deemed entitled to the money so paid into Court, and to the dividends or interest thereof and the same shall be paid and applied accordingly.

96. In all cases of monies paid into Court under the provisions of this Ordinance, except where such monies shall have been so paid in by reason of the wilful refusal of any party entitled thereto to receive the same, or to assign or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Company (that is to say) the costs of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such monies in manner by this Ordinance provided and of the re-investment thereof in the purchase of other lands, and also the costs of obtaining the proper orders for any of the purposes aforesaid, and of the orders for the payment of the dividends and interest of the securities upon which such monies shall be invested, and for the payment out of Court of the principal of such monies, or of the securities whereon the same shall be invested, and of all proceedings relating thereto, except such as are occasioned by litigation between adverse claimants: Provided always, that the costs of one application only for re-investment in land shall be allowed, unless it shall appear to the Court that it is for the benefit of the parties interested in the said monies that the same should be invested in the purchase of lands, in different sums, and at different times, in which case it shall be lawful for the Court to order the costs of any such investments to be paid by the Company.

Assignments.

97. Assignments of lands to the Company shall be in such form as the Company shall think fit.

98. The costs of all such assignments shall be borne by the Company, and such costs shall include all charges and expenses incurred, on the part as well of the seller. as of the purchaser, of all assignments and assurances of any such lands, and of any outstanding terms or interests therein, and of deducing, evidencing, and verify- ing the title to such lands, terms or interests, and of making out and furnishing such abstracts and attested copies as the Company may require, and all other reason- able expenses incident to the investigation, deduction and verification of such title.

99. If the Company and the party entitled to any such costs shall not agree as to the amount thereof, such costs shall be taxed by the Registrar upon an order of the Court, to be obtained upon petition in a summary way by the Company, or by such party, if the Company refuse or neglect to apply for such order for fourteen days after notice from such party so to do, and the Company shall pay what the Registrar shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs payable under an order of the said Court, and the expense of taxing such costs shall be borne by the Company, unless upon such taxation one- sixth part of the amount of such costs shall be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the Registrar and deducted by him accordingly in his certificate of such taxation.

Party in possession to be deemed the owner.

Costs in cases of money paid into Court.

Assignments.

Cost of assiguntents.

Taxation of costs of

signments.

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