677980-1882-Ordinance-1-of-1882-passed- — Page 17

THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.

LXXXV. The question to be submitted to the arbitrators in the case last aforesaid shall be, whether the said sun so deposited as aforesaid by the Company was a sufficient sum, or whether any, and what, further sun ought to be paid or deposited by them.

LXXXVI. If the arbitrators shall award that a further sum ought to be paid or deposited by the Company, they shall pay, or deposit, as the case may require, such further sum within fourteen days after the making of such award, or, in default thereof, the same may be enforced by attachment, or recovered, with costs, by action or suit.

LXXXVII. If the arbitrators shall determine that the sum so deposited was sufficient, the costs of, and incident to, such arbitration to be determined by the arbitrators shall (but subject as hereinafter provided) be in the discre- tion of the arbitrators, but, if the arbitrators shall determine that a further sum ought to be paid or deposited by the Company, all the costs of, and incident to, the arbitration shall (but subject as aforesaid) be borne by the Company. LXXXVIII. If any party shall be entitled to any com- pensation in respect of any of the said lands, mentioned in the said Schedule D., or of any interest therein, which shall have been taken for, or injuriously affected by, the execution of the works, and for which the Company shall not have made satisfaction under the provisions of this Ordinance, and if the compensation claimed in such case shall exceed the sun of one thousand dollars, the same shall be settled by arbitration as hereinbefore provided.

Application of Compensation.

LXXXIX. If the purchase-money or compensation which shall be payable in respect of any of the said lands, mentioned in the said Schedule D., or of any interest therein, purchased or taken by the Company from any tenant for life or in tail, married woman seized in her own right, guardian, committee of lunatic, or idiot, trustee, executor, or administrator, or person having a partial or qualified interest only in such lands, and not entitled to sell or assign the same except under the provisions of this Ordinance, or the compensation to be paid for any permanent damage to any such lands, amount to, or excced, the sum of one thousand dollars, the same shall be paid into the Bank, to be placed to the account there of the Registrar of the Court ex parte the Company in the matter of this Ordinance (citing it) pursuant to the method for the time being in force for regulating moneys paid into Court; and such moneys shall remain so deposited tutil the same be applied to some one or more of the following purposes, (that is to say) :-

In the discharge of any debt or incumbrance affecting the land in respect of which such money shall have been paid, or affecting other lands settled there- with to the same or the like uses, trusts, or pur- poses; or,

In the purchase of other lands to be assigned, limited, and settled upon the like uses, trusts, and purposes, and in the same manner as the lands in respect of which such money shall have been paid stood settled; or,

If such money shall be paid in respect of any buildings taken under the authority of this Ordi- nance, or injured by the proximity of the works, in removing or re-placing such buildings, or sub- stituting others in their stead, in such manner as the Court shall direct; or,

In payment to any party becoming absolutely entitled

to such money.

XC. Such money may be so applied as aforesaid upon an order of the Court, or of a Judge in Chambers, made on the petition or summons of the party who would have been entitled to the rents and profits of the lands in respect of which such money shall have been deposited; and until the money can be so applied it may, upon the like order, be invested by the proper officer of the Court in or upon any securities or investments in or upon which trustees are, by Section 17 of Ordinance No. 7 of 1873, authorized to invest trust moneys, and the interest, dividends and annual pro- ceeds thereof paid to the party who would, for the time being, have been entitled to the rents and profits of the lands.

Question to be submitted to the arbitrators

If further sum awarded. Company to pay or deposit same within fourteen days

Costs of the arbitrators.

Compensation where no sntisfaction previously inade, how to be suttled.

Purchase- money payable to parties under disability amounting te $1,000 to be deposited in the Bank.

Application of 'moneys deposited,

Order for application

and invest- Dient

meauwhije.

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