680176-1882-Bill-read-a-first-time--Tramways-Ordinance- — Page 21

966

THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.

Where parties

refuse to

assign or do not show title,

or cannot be found, the

purchase-

money to be deposited.

Upon deposit being made, a receipt to be given, and the lands to vest upon a deed poll being executed.

Application of monies so deposited.

Party in possession to be deemed the owner.

+

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 a Judge in Summary Jurisdiction or (as the case may be) by the said Chief Justice 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 possession of such lands.

93. 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 adjudged or decreed 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 a Judge in Summary Jurisdiction, or (as the case may be) the said Chief Justice, 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 Registrar of the Court (naming him) 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.

94. Upon any such deposit of money as last aforesaid 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 and for whose use (described as aforesaid) the same shall have been received, and in respect of what purchase the same shall have been paid in; and 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 whereof such deposit shall have been madə, and declaring the circumstances under which, and the names of the parties to whose credit, such deposit shall have 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 there- upon all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase-money or compensation shall have been deposited shall vest absolutely in the Company, and, as against such parties, they shall be entitled to immediate possession of such lands.

95. Upon the application by petition of any party making claim to the money so deposited as last aforesaid, or any part thereof, or to the lands in respect whereof the same shall have been so deposited, or any part of such lands, or any interest in the same, a Judge in Summary Jurisdiction, where the money so deposited shall not exceed one thousand dollars, or the said Chief Justice, where it shall exceed one thousand dollars, may, in such manner as to him shall seem fit, order such money to be laid out or invested in or upon any of the securities or investments mentioned in section 88 of this Ordinance, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands, or any part thereof, and may make such other order in the premises as to such Judge or (as the case may be) the said Chief Justice shall seem fit.

96. If any question arise respecting the title to the lands in respect whercof such monies shall have been so paid or deposited as aforesaid, the parties respectively in possession of such lands, as being the owners thereof, or

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