680176-1882-Bill-read-a-first-time--Tramways-Ordinance- — Page 19

964

THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.

Where com- pensation to absent party has been determined by a Surveyor, the party may have the same determined by

Judge in Summary Jurisdiction

or the Chief Justice.

Question to be determined.

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

Cost of the enquiry.

Compensation

where no

satisfaction previously

made, how to

be settled.

Purchase-

money payable to parties under disability exceeding $1,000 to be deposited in the Bank.

Application of

monies deposited.

+

Surveyor as aforesaid, not only to the value of the land to be purchased or taken by the Company, but also to the damage if any to be sustained by the owner of the lands by reason of the severing of the lands taken from other lands of such owner, or of such other lands being other- wise injuriously affected by the exercise of the powers of this Ordinance, and to the fact that the lands taken are so taken from such owner compulsorily.

82. When the compensation payable in respect of any of the said lands mentioned in the said Schedule D., or any interest therein, shall have been ascertained by the valuation of a Surveyor, and deposited in the Bank under the provisions herein contained, by reason that the owner of, or party entitled to assign, such lands or such interest therein as aforesaid, could not be found, or was absent from the said Colony of Hongkong, if such owner or party shall be dissatisfied with such valuation, it shall be lawful for him, before he shall have applied to the Court for pay- ment or investment of the monies so deposited under the provisions herein contained, by notice in writing to the Company to require the question of such compensation to be determined, where it will not exceed $1000, by a Judge in Summary Jurisdiction in manner herein before men- tioned, and, where it will exceed $1000, by the said Chief Justice in manner hereinbefore mentioned, and thereupon the same shall be so determined accordingly.

83. The question to be determined by such Judge, or (as the case may be) the said Chief Justice in the case last aforesaid shall be, whether the said sum so deposited as aforesaid by the Company was a sufficient sum, or whether any, and what, further sum ought to be paid or deposited by them.

84. If such Judge, or (as the case may be) the said Chief Justice shall adjudge or decree 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 delivery of such judgment or decree, or, in default thereof, the same may be enforced by attachment, or recovered, with costs, by action or suit.

85. If such Judge or (as the case may be) the said Chief Justice shall adjudge or decree that the sum so deposited was sufficient, the costs of, and incident to, such enquiry shall be in the discretion of such Judge or (as the case may be) the said Chief Justice but, if such Judge or (as the case may be) the said Chief Justice shall adjudge or decree that a further sum ought to be paid or deposited by the Company, all the costs of, and incident to the en- quiry shall be borne by the Company.

86. If any party shall be entitled to any compensation 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, such compensation shall be determined, where it will not.. exceed one thousand dollars, by a Judge in Summary Jurisdiction in manner hereinbefore mentioned, and where it will exceed one thousand dollars by the said Chief Jus- tice in manner hereinbefore mentioned.

Application of Compensation.

87. If the purchase-money or compensation which shali be payable in respect of any of the said lands, mentioned in the said Schedule D., or of any interest therein, pur- chased 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 admi- nistrator, 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, exceed the sum of one thousand dollars, the same shall be paid into the Bank, to be placed to the ac- count there of the Registrar of the Court (naming him) ex parte the Company in the matter of this Ordinance (citing it) pursuant to the method for the time being in force for regulating monies paid into Court; and such monies shall remain so deposited until 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