676075-1883-Ordinance-passed-6-of-1883- — Page 28

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THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.

Where greater

interest

claimed than

at will, lea80)

to be produced.

Limit of time for corn-

pulsory purchase.

Company empowered to parchuse interests in Jands, the purchase

whereof may have been omitted by mistake.

How value of such lands to be estimated.

Company to pay the costs of litization as to such lands.

in case the parties differ about the same, by the Court or a Judge upon petition in a summary way, and upon payment or tender of the amount of such compensation all such per- sons shall respectively deliver up to the Company, or to the person appointed by them to take possession thereof, any such lands in their possession required for the purposes

of this Ordinance.

120. If any party, having a greater interest than as tenant-at-will, claim compensation in respect of any unex- pired term or interest under any lease of any such lands, the Company may require such party to produce the lease in respect of which such claim shall be male, or the best evidence thereof in his power; and if after demand made in writing by the Company, such lease, or such best evid- ence thereof, be not produced within twenty-one days, the party so claiming compensation shall be considered as a tenant holding only from year to year, and be entitled to compensation accordingly.

Limit of compulsory powers.

121. The powers of the Company for the compulsory purchase or taking of lands for the purposes of this Ordi- nance shall not be exercised after the expiration of three years from the coming into operation of this Ordinance.

Interests omitted to be purchased.

122. If at any time after the Company shall have entered upon any lands which, under the provisions of this Ordinance, they were authorized to purchase, and which shall be permanently required for the purposes of this Ordinance, any party shall appear to be entitled to any estate, right, or interest in, or charge affecting, such lands which the Company shall, through mistake or inadver- tence, have failed or omitted duly to purchase, or to pay compensation for, then whether the period allowed for the purchase of lands shall have expired or not, the Company shall remain in the undisturbed possession of such lands, provided within three months after notice of such estate, right, interest, or charge, in case the same shall not be disputed by the Company, or in case the same shall be disputed then within three months after the right thereto shall have been finally established by law in favour of the party claiming the same, the Company shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the Company thereon and the time of the payment of such purchase-money or compensation by the Company, so far as such mesne profits or interest may be recoverable in law or equity; and such purchase-money or compensation shall be agreed on, or determined, and paid in like manner as according to the provisions of this Ordinance the same respectively would have been agreed on, or determined and paid, in case the Company had purchased such estate, right, interest, or charge before their entering upon such land, or as near thereto as circumstances will admit.

123. The compensation to be given for any such last- mentioned lands, or any estate or interest in the same, or for any mesne profits thereof, shall be the value of such lands, estate, or interest and profits, at the time such lands were entered upon by the Company, and without regard being had to any improvements or works made in the said lands by the Company, and as though the works had not been constructed.

124. In addition to the said purchase-money, compen- sation, or satisfaction, and before the Company shall become absolutely entitled to any such estate, interest, or charge, or to have the same merged or extinguished for their benefit, they shall, when the right to any such estate, interest, or charge, shall have been disputed by the Com- pany and determined in favour of the party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination of recovery of the same to the parties with whom any such litigation in respect thereof shall have taken place; and such costs and expenses shall, in case the same shall be disputed, be settled by the Registrar.

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