THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
interested in such lands under the provisions herein con- tained; and upon such deposit by way of security being made as aforesaid, and sucli bond being delivered or ten- dered to such non-consenting party as aforesaid, it shall be lawful for the Company to enter upon and use such lands, without having first paid or deposited the purchase-money or compensation in other cases required to be paid or deposited by them before entering upon any lands to be taken by them under the provisions of this Ordinance.
CIV. The money so to be deposited as last aforesaid shall be paid into the Bank to be placed to the account of the Registrar of the Court to the credit of the parties interested in, or entitled to sell and assign, the lands so to be entered upon, and who shall not have con- sented to such entry, subject to the control and disposition of the Court; and upon such deposit being made, the cashier of the Bank shall give to the Company, or to the party paying in such money by their direction a receipt for such money, specifying therein for what purpose, and to whose credit, the same shall have been paid in.
CV. The money so deposited as last aforesaid shall remain in the Bank by way of security to the parties whose lands shall so have been entered upon, for the performance of the condition of the bond to be given by the Company as hereinbefore mentioned, and the same may, on the application by petition of the Company, be ordered to be invested upon any of the securities and investments mentioned in Section 90 of this Ordinance and accumulated; and upon the condition of such bond being fully performed, it shall be lawful for the Court, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be re-paid or transferred to the Company, or if such condition shall not be fully performed, it shall be lawful for the Court to order the same to be applied in such manner as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited.
CVI. If the Company or any of their contractors shall, except as aforesaid, wilfully enter upon and take possession of any of the said lands mentioned in the said Schedule D., which shall be required to be purchased or permanently used for the purpose of this Ordinance, with- out such consent as aforesaid, or without having made such payment for the benefit of the parties interested in the lauds, or such deposit by way of security as aforesaid, the Company shall forfeit to the party in possession of such lands the sum of fifty dollars, over and above the amount of any damage done to such lands by reason of such entry and taking possession as aforesaid, and if the Company or their contractors shall, after conviction in such penalty as aforesaid, continue in unlawful possession of any such lands, the Company shall be liable to forfeit the sum of one hundred dollars for every day they or their contractor shall so remain in possession as aforesaid, such penalty to be recoverable by the party in possession of such lands, with costs, by action or suit in the Court: Provided always, that nothing herein contained shall be held to subject the Company to the payment of any such penalties as aforesaid, if they shall bonâ fide and without collusion have paid the compensation agreed or awarded to be paid in respect of the said lands to any person whom the Company may have reasonably believed to be entitled thereto, or shall have deposited the same in the Bank for the benefit of the parties interested in the lands, or made such deposit by way of security in respect thereof as hereinbefore mentioned, although such person may not have been legally entitled thereto.
CVII. On the trial of any action or suit for any such penalty as aforesaid, the decision of the Judge in Sum- mary Juridiction under the provision hereinbefore contained shall not be held conclusive as to the right of entry on any such lands by the Company.
CVIII. If in any case in which, according to the pro- visions of this Ordinance, the Company are authorized to enter upon and take possession of such of the said lands mentioned in the said Schedule D. as are required for the purposes of the undertaking, the owner or occupier of any such lands, or any other person, refuse to give up the pos- session thereof, or hinder the Company from entering upou
Upon deposit being nudu, cashier to give receipt.
Deposit to remain as a security, and to be applied under the direction of the Court.
Penalty or the Company entering upon lands without consent, before payment of thự purchase- money.
Decision of
Judge in Sum- mary Juris- dietion not conclusive as
to the right of entry of the Comparty.
Proceedings in ense of refusal to deliver possession of lands.
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