723405-1859-GOVERNMENT-NOTIFICATION — Page 2

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RY 8, 1856

PS,

1.8, 1859.3

Tembers of t as well as to preclude: em.)—it is ht Honoura

CAINE,

y Governor,

e of the City in pursuane. blished for:

CASTRO,

Is.

NÆ.

mander-in-Cl e Advice of

The Hongkong Government Gazette."

Whenever it shall appear to the Governor on the report in writing of the Surveyor General, that it

131

Power of compul-

purposes of this Or-

for the completion of the Works to be carried on under this Ordinance, that Her Majesty should sory Purchase of Pro- Ession of any Lands or Tenements or Erections of any kind not belonging to the Crown, it shall be perty required for the Governor to purchase the same on behalf of the Crown on such Terms as shall be fixed by the dinance. General; and if the Person entitled to the said Lands shall refuse to accept the said Terms, then it vful for the Governor to direct an Assessment of the Compensation or Consideration to be paid to entitled thereto for the purchase of the same Lands, Tenements, or Erections, in the same is hereinbefore provided for the assessment of Compensation to be allowed in respect of damage Lot-holders. And it shall be competent to the Sheriff and the Jury empanelled for the purpose of ach Assessment, to enter upon and view the said Lands, Tenements, or Erections. And after Return the Sheriff of the Amount found by the said Jury to be payable as Compensation in respect of the is, Tenements, or Erections, it shall be lawful for the Governor to direct payment of the said Amount de out of the Colonial Treasury to the Person entitled thereto, and to direct the Surveyor General And no assignment possession of the said Lands, Tenements, or Erections in the name of the Crown. Feyance of the said Lands or Tenements shall be deemed necessary to vest the same in the Crown Bril, but a Declaration shall be made by the Surveyor General of his having taken possession aforesaid, with a Statement of the Amount of Compensation as assessed, and a description of the s so taken by metes and bounds; and a Memorial of the said Declaration having been registered at nd-office, it shall be considered thenceforth as Evidence of the vesting of the said Premises in Her and Her Successors to all intents and purposes whatsoever; and no Claim shall thereafter lie the Crown in respect of the said Premises, except for the Consideration or Compensation assessed as for the same, as is hereinbefore provided.

Power

to grant

heretofore encroached

And whereas many unauthorized encroachments have been made by Holders of Marine Lots upon : below High-water mark, and Land reclaimed at great expense, and it is desirable that the said should be permitted to retain possession of the Lands so reclaimed upon payment of an equitable therefor: It is hereby further ordained as follows:— Ni. It shall be lawful for the Governor to permit any Piece or Parcel of Land so reclaimed from the Sea, tout grant or license from the Crown, to be rented with the Marine Lot in front of which the said Land Leases, and Conditions at have been so reclaimed by the Holders of the Crown Lease thereof, upon such Terms as shall be agreed of Leases to be grant- between the said Holders and the Surveyor General; and if the said Holders and the Surveyor General ed, of Crown Lauds tot agree, then it shall be lawful for the Governor to direct an Assessment of the Rent reasonably to upon. te charged in respect of the Land so reclaimed, in the same manner as is hereinbefore provided for the pient of Compensation to be allowed in respect of Damages to the Marine Lot-holders; and for the of making such Assessment, it shall be competent to the Sheriff and the Jury thereto empanelled, to er upon and view the Land so reclaimed as aforesaid. And after return made by the Sheriff of the at found by the said Jury to be reasonably chargeable as the rent of the said Land so reclaimed, then all be lawful for the Governor to offer the said Land to be held as aforesaid with the Marine Lot in front which it shall have been so reclaimed, at and for the Rent so assessed as aforesaid; And in the event of Holder of the said Marine Lot declining to accept a Lease of the Land so reclaimed at the Rent to assess- tas atoresaid, then it shall be lawful for the Governor forthwith to order the sale of the said Piece or Parcel Ground by Public Auction, either in Lots or undivided, and together with any Piece or Parcel of Ground Provided always, that Compensa- Hiking in possession of the Crown, as to the Governor shall seem best:

hall be made to the Holder of the original Marine Lot so sold, for the Expense incurred in and about the renation from the Sea of the Land in front thereof,-such Compensation to be assessed in manner herein- tafore provided for the Assessment of Damage to Marine Lot-holders under Section IX of this Ordinance.

XH. Provided always, that nothing herein contained shall in any way affect or interfere with the ae West then yng out of any Works now in the course of Erection or Construction under the direction or supervision tofore made, not to be the Surveyor General; and that nothing herein contained shall be construed so as to set aside or invali- date say Arrangements or Compromises heretofore entered into between the Crown and Marine Lot-holders

using committed purpresture.

itage

uary, 1859.] Water Front: >vernor of He

to construct ected therew

esigns and

Public inspec efore any W

Lines" of Ma Surveyor Ger d that he do:

aforesaid. eral, to author › Crown, and

the Claims of

1 for this pur

of the portic

GOVERNMENT NOTIFICATION.

Compromises here-

disturbed.

The two following Ordinances, which were read a first time at a Meeting of the Legislative Council held this day, are published for general information.

By Order,

› Erection of

Council Room, Victoria, Hongkong, 4th January, 1859.

to the satisfac

h of June, su ed out unde: urred on acc m, in any O ike manner a

orkmen empl

all or any

to do thereof

f this Ordina

HONGKONG.

L. D'ALMADA E CASTRO,

Clerk of Councils.

ANNO VIGESIMO SECUNDO VICTORIA REGINÆ.

No.

of 1859.

By The Honourable Lieutenant-Colonel WILLIAM CAINE, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, with the Advice of the Legislative Council of Hongkong.

bout the erec

An Ordinance to amend Ordinance No. 8 of 1858.

[

of this Ordina

ss or Damage

January, 1859.] Whereas it is desirable to put some limit on the selection of the localities to which Persons

Be it enacted and ordained departed from this Colony under the Provision of Ordinance No. 8 of 1858 : by the Honourable the Acting Governor of Hongkong, with the Advice of the Legislative Council thereof,

sllows:-

may be

Preamble

Area occupic Amount to be anner as in

And on lawful for the

receive the s

Limit to localitie

That no Person who shall be deported by His Excellency the Governor in Council, under the Twenty-eighth Section of Ordinance No. 8 of 1858, shall be deported to any Place other than the Native to be selected for de Country of such Person, without such Person's free will and consent.

portation under Ordi nance No. 8 of 1858.

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