THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
for such money, specifying therein for what purpose, and to whose credit, the same shall have been paid in.
104. 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, or, where such bond has been dispensed with as aforesaid, for the payment to the parties whose lands shall so have been entered upon, or for deposit in the Bank for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained of all such purchase-money or compensation as may in mauner hereinbefore provided be determined to be payable by the Company in respect of the lands so entered upon, together with interest thereon at the rate of six dollars per centum per annum from the time of entering on such lands until such purchase-money or com- pensation shall be paid to such party, or deposited in the Bank for the benefit of the parties interested in such lands under the provisions herein contained, and the monies so deposited as in the next preceding section mentioned may, on the application by petition of the Company, he ordered to be invested upon any of the securities and investments mentioned in section 88 of this Ordinance and accumulated; and upon the objects, or object, for which such deposit as last aforesaid was made being fully attained, or satisfied, 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 accumula- tion thereof, to be re-paid or transferred to the Company, or if such objects or object shall not be fully attained or satisfied, 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.
105. 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, without such con- sent as aforesaid, or without having made such payment for the benefit of the partics interested in the lands, 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 con- tractors 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 bona fide and without collusion have paid the com- pensation agreed or adjudged or decreed 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 inen- tioned, although such person may not have been legally entitled thereto.
106. If in any case in which, according to the provisions of this Ordinance, the Company are authorized to enter upon and take possession of such of the said lands men- tioned 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 upon or taking possession of the same, it shall be lawful for the Company to issue their warrant to the Sheriff of the Colony of Hongkong to deliver possession of the same to the person appointed in such warrant to receive the same, and upon the receipt of such warrant the Sheriff shall deliver possession of any such lands accordingly, and the costs accruing by reason of the issuing and execution of such warrant, to be settled by the Sheriff, shall be paid by the person refusing to give possession, and the amount of such costs shall be deducted and retained by the Company from the compensation, if any, then payable by them to
Deposit to remain as a security, aud
to be applied under the direction of the Court.
Penalty on tho Company entering upon lands without consent before payment of the purchase- money.
Proceedings in case of refusal to deliver possession of inads.
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