677980-1882-Ordinance-1-of-1882-passed- — Page 18

158 THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.

Sums from $25 to be deposited or paid to rufices.

Sums not exceeding 225 To be paid to parties.

Upon deposit being made, the owners of the lands to assign, or in default the lands to vest in the

Company by deed poll.

Where parties refuse to

assign or do

not show title, or cannot be found, the purchase-

money to be deposited.

XCI. If the purchase-money or compensation shall not amount to the sum of one thousand dollars and shall exceed the sum of twenty-five dollars, the same shall either be paid into the Bank, and applied in the manner hereinbefore directed with respect to sums amounting to, or exceeding, one thousand dollars, or the same may lawfully be paid to two trustees, to be nominated by the parties entitled to the rents or profits of the lands in respect whereof the same shall be payable, such nomination to be signified by writing under the hand of the party so entitled; and in case of the coverture, infancy, lunacy, or other incapacity of the parties entitled to such moneys, such nomination may lawfully be made by their respective husbands, guardians, committees, or trustees; but such last-mentioned application of the moneys shall not be made unless the Company approve thereof, and of the trustees named for the purpose; and the money so paid to such trustees, and the produce arising therefrom, shall be by such trustees applied in the manner hereinbefore directed with respect to money paid into the Bank, but it shall not be necessary to obtain any order of the Court for that purpose.

XCII. If such money shall not exceed the sum of twenty- five dollars, the same shall be paid to the parties entitled to the rents and profits of the lands in respect whereof the same shall be payable, for their own use and benefit, or in case of the coverture, infancy, idiotey, lunacy, or other incapacity of any such parties, then such money shall be paid, for their use, to the respective husbands, guardians, committees, or trustees of such persons.

XCIII. Upon deposit in the Bank, in manner hereinbefore provided, of the purchase-money or compensation agreed or awarded to be paid in respect of any of the said lands mentioned in the said Schedule D., and purchased or taken by the Company under the provisions of this Ordinance, the owner of such 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 execute a deed poll under their common seal, 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 deposit made in respect thereof, and declaring the fact of such default having been made, and such deed poll shall be stamped with the stamp duty which would have been payable upon an assignment to the Company of the lands described therein; and thereupon 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 by arbitrators, or an umpire, or by a Surveyor appointed by a Judge in Summary Jurisdiction as herein provided, and shall have been deposited 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 Company shall be entitled to immediate posses- sion of such lands.

XCIV. 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 either agreed or awarded to be paid 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 before the arbitrators or their umpire as herein provided for, it shall be lawful for the Company to deposit the purchase- money or compensation payable in respect of such lands, or any interest therein, in the Bank, to be placed, except in the cases herein otherwise provided for, to the account there of the proper officer of the Court to the credit of the parties interested in such lands (describing them so far as the Company can do), subject to the control and disposition of the Court.

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