i
142
Preamble.
Power to construct Praya.
Name of Praya.
The Hongkong Government Gazette.
HONGKONG.
[JANUARY 22, 1859.
ANNO VIGESIMO SECUNDO VICTORIE REGINE.
No. of 1859.
By His Excellency SIR JOHN BowвING, Knight, LL.D., Governor and Commander-in-Chief of th Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiar and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislati Council of Hongkong.
An Ordinance to provide for the erection of a Public Way along the Water Frontage of the City of Victoria,
1
JANUARY 2
charged ir
sment of pose of mal ter upon at
sunt found hall be law
which it sha Holder of das aforesaid of Ground by 1 [ January, 1859.] Spining in p ou shall be m Whereas it is desirable that a Public Way should be erected continuously along the Water Frontag
a fare provid of the City of Victoria: Be it enacted and ordained by The Honourable the Acting Governor of Hoclamation fr XII. P kong, with the Advice of the Legislative Council thereof, as follows:-
I. It shall be lawful for the Governor to give authority to the Surveyor General to construct, e procure to be constructed, one uniform and continuous Quay or Praya, and all Works connected therewit along the Water Frontage of the City of Victoria, extending from Navy Bay at the extreme West there to Wong-nei-choong at the extreme East thereof.
trying out ‹ "date any Arr: the Survey
having comm
II. The said Quay or Praya shall be called the Bowring Praya. III. The said Quay or Praya and Works connected therewith shall be erected from Designs and Pla Praya to be erected according to Plans pre- prepared by the Surveyor General; and the Ground Plan thereof shall be exhibited for Public inspectic viously published. in the Office of the Surveyor General during Office-hours for a period of Two Weeks, before any Wor. 3.
shall be commenced by him under the authority of this Ordinance.
Prolongation Boundary Lines Lots affected.
Plans And 3 P.M.
Tender of IV. In the event of any difficulty occurring in the prolongation of the "Boundary Lines" of Marit of Lots through Land reclaimed or to be reclaimed from the Sea, it shall be lawful for the Surveyor Generation of
to fix and determine the direction and extent of such prolonged Boundary Lines, provided that he do fir insert the same on the Plans of the said Praya and Works so open to Public inspection as aforesaid.. Power to give effect V. It shall be lawful for the Governor, on the recommendation of the Surveyor General, to authorit to compromises be- and give effect to any Compromise to be come to, between the Governor on behalf of the Crown, and t tween the Crown and Holder of the Crown Lease of any Marine Lot, by which the Claims of such Holder and the Claims of t Crown respectively, may be adjusted equitably and to the advantage of the Colony. And for this purpo it shall be lawful for the Governor to sanction the erection, by any such Marine Lot-holder, of the portion: the said Praya to be erected immediately in front of his own Lot: Provided only that the Erection of at such portion of the said Praya shall be carried on and completed under the inspection and to the satisfactic of the Surveyor General, and in accordance with the Plan by him prepared or approved.
Holders of Marine Lots affected.
Estimates to be
VI. The Surveyor General shall in every ensuing Year, at some time before the Month of June, subm annually submitted by to the Governor a Statement of the portion of the Works proposed by him to be carried out under t Surveyor General.
Ordinance within the Year next following, and Estimates of the Expenditure to be incurred on accou thereof. And it shall be lawful for the Governor to propose such Estimates, or any of them, in any Ordi: ance, making. Provision for the Contingent Expenditure of the Colony to be dealt with in like manner as a other Estimate to be so proposed.
Power of Entry to Surveyor General.
Penalty for obstruc- tion, &c.
Provision for
Lots.
ag-
Power of compul- sory Purchase of Pro- perty required for purposes of this Or dinance.
VII. It shall be lawful for the Surveyor General, and all Officers, Servants, and Workmen employ by or under him, at all times, and with all necessary means and appliances, to enter upon all or any Lan adjacent or approaching to the site of the said Praya, in the course of its erection, and to do thereon: that shall be necessary for carrying out the Works provided for by this Ordinance.
VIII. If any Person shall wilfully obstruct any Person acting under the authority of this Ordinanc or destroy, remove, or injure any Timber, Stone, or other Materials to be employed in or about the erecti of the said Praya, or shall deface any Marks which shall have been made for the purposes of this Ordinanc he shall forfeit for every such Offence a Sum not exceeding Fifty Dollars.
Coloni:
戊
+
IX. Every Holder of the Crown Lease of a Marine Lot who shall sustain any Loss or Damage! sessment of Damage reason of any Work, Matter or Thing done under the authority of this Ordinance, on the Area occupied i hereby occasioned to the Tenant and set forth in the Lease aforesaid, shall be entitled to Compensation; and the Amount to be pa Holders of Marine as such Compensation shall be assessed by the Sheriff and a Common Jury, in the same manner as in cas where Judgment has been suffered to go by default by a Defendant in an Action-at-Law. And on retu made by the Sheriff of the Amount assessed as such Compensation as aforesaid, it shall be lawful for the G vernor to direct such Amount to be paid by the Colonial Treasurer to the Person entitled to receive the san. 2. X. Whenever it shall appear to the Governor on the report in writing of the Surveyor General, that
Ilis E is necessary for the completion of the Works to be carried on under this Ordinance, that Her Majesty shou cbtain possession of any Lands or Tenements or Erections of any kind not belonging to the Crown, it shall! lawful for the Governor to purchase the same on behalf of the Crown on such Terms as shall be fixed by tublication Surveyor General; and if the Person entitled to the said Lands shall refuse to accept the said Terms, thennymour, shall be lawful for the Governor to direct an Assessment of the Compensation or Consideration to be paid THE AD the Person entitled thereto for the purchase of the same Lands, Tenements, or Erections, in the san manner as is hereinbefore provided for the assessment of Compensation to be allowed in respect of damag to Marine Lot-holders. And it shall be competent to the Sheriff and the Jury empanelled for the purpose making such Assessment, to enter upon and view the said Lands, Tenements, or Erections. And after Retu made by the Sheriff of the Amount found by the said Jury to be payable as Compensation in respect of t said Lands, Tenements, or Erections, it shall be lawful for the Governor to direct payment of the said Amou to be made out of the Colonial Treasury to the Person entitled thereto, and to direct the Surveyor Gener to take possession of the said Lands, Tenements, or Erections in the name of the Crown. And no assignme SIR, or conveyance of the said Lands or Tenements shall be deemed necessary to vest the same in the Cronjesty's Se thenceforth, but a Declaration shall be made by the Surveyor General of his having taken possess ir Lordsh thereof as aforesaid, with a Statement of the Amount of Compensation as assessed, and a description of tith Lord } Premises so taken by metes and bounds; and a Memorial of the said Declaration having been registered pe, to con the Land-office, it shall be considered thenceforth as Evidence of the vesting of the said Premises in Her befor I have · Majesty and Her Successors to all intents and purposes whatsoever; and no Claim shall thereafter Pbjects wh jesty's N. against the Crown in respect of the said Premises, except for the Consideration or Compensation assessed; payable for the same, as is hereinbefore provided.
Supor
And whereas many unauthorized encroachments have been made by Holders of Marine Lots up: the Sea below High-water mark, and Land reclaimed at great expense,-and it is desirable that the sas Excelle Holders should be permitted to retain possession of the Lands so reclaimed upon payment of an equitab Rent therefor: It is hereby further ordained as follows:-
1
Her
My Lo
Power to grant
XI. It shall be lawful for the Governor to permit any Piece or Parcel of Land so reclaimed from the St Leases, and Conditions without grant or license from the Crown, to be rented with the Marine Lot in front of which the said Lar of Leases to be grant- shall have been so reclaimed by the Holders of the Crown Lease thereof, upon such Terms as shall be agre ed, of Crown Lands heretofore encroached on between the said Holders and the Surveyor General; and if the said Holders and the Surveyor Generate the
cannot agrée, then it shall be lawful for the Governor to direct an Assessment of the Rent reasonably проп.
pued, cou
f
No comments yet.
Private notes are available after approval.