710192-1868-GOVERNMENT-NOTIFICATION — Page 10

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THE HONGKONG GOVERNMENT GAZETTE, 3rd OCTOBER, 1868.

(1.) A Right to make good or repair any Party Structure that is defective or out of repair;

(2.) A Right to pull down and rebuild any Party Structure that is so far defective or out of repair as to make it necessary or desirable to pull down the

same;

(3.) A Right to pull down any Timber or other Partition that divides any Buildings and is not conformable with the Regulations of this Ordinance, and to build instead a Party Wall conformable thereto;

(4.) In the case of Buildings having Rooms or Stories, the Property of different Owners intermixed, a Right to pull down such of the said Rooms or any Part thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity with this Ordinance;

(5.) In the Case of Buildings connected by Arches or Communications over Public Ways or over Passages belonging to other Persons, a Right to pull down such of the said Buildings, Arches, or Communications, or any Part thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity with this Ordinance;

(6.) A Right to raise any Party Structure permitted by this Ordinance to be raised, or any External Wall built against such Party Structure, upon Condition of making good all Damages occasioned thereby to the adjoining Premises or to the internal Finishings and Decorations thereof, and of carrying up to the requisite Height all Flues and Chimney Stacks belonging to the Adjoining Owner, on or against such Party Structure or External Wall;

(7.) A Right to pull down any Party Structure that is of insufficient Strength for any Building intended to be built, and to rebuild the same of sufficient strength for the above Purpose, upon Condition of making good all Damage occasioned thereby to the adjoining Premises, or to the internal Finishings and Decorations thereof;

(8.) A Right to cut into any Party Structure upon Condition of making good all Damage occasioned to the adjoining Premises by such Operation;

(9.) A Right to cut away any Footing or any Chimney Breasts, Jambs, or Flues projecting from any Party Wall, in order to erect an External Wall against such Party Wall, or for any other Purpose, upon Condition of making good all Damage occasioned to the adjoining Premises by such Operation;

(10.) A Right to cut away or take down such Parts of any Wall or Building of an Adjoining Owner as may be necessary in consequence of such Wall or Building overhanging the Ground of the Building Owner, in order to erect an upright Wall against the same on condition of making good any Damage sustained by the Wall or Building by reason of such cutting away or taking down;

(11.) A right to perform any other Works judged necessary by the Surveyor Ge- neral, incident to the connexion of Party Structure with the Premises adjoining thereto. But the above Rights shall be subject to this qualification that any Building which has been erected previously to the Time of this Ordinance coming into operation shall be deemed to be conformable with the Provisions of this Ordinance if it is conformable with the Provisions of an Act passed in the Fourteenth Year of His late Majesty King George the Third, Chapter Seventy-eight or with the Provisions of an Act of the Eighth Year of Her present Majesty, Chapter Eighty-four.

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XXXIV. Whenever the Building Owner proposes to exercise any of the foregoing Rights of Adjoining Rights with respect to Party Structures, the Adjoining Owner may require the Building Owner. Owner to build on any such Party Structure certain Chimney Jambs, Breasts, or Flues, or certain Piers or Recesses, or any other like Works for the convenience of such Adjoining Owner; and it shall be the duty of the Building Owner to comply with such Requisition in all Cases where the Execution of the required Works will not be injurious to the Building Owner, or cause to him unnecessary inconvenience or unnecessary Delay in the Exercise of his Right; and any Difference that arises between any Building Owner and Adjoining Owner in respect of the Execution of such Works as aforesaid shall be determined by the Surveyor General.