1618
Submission may be made a rule
of Court.
Award not void through error in form.
Compensation to absent parties to be determined by a surveyor appointed by a Judge in Summary Jurisdiction.
A Judge in Summary Jurisdiction to nominate a surveyor.
Declaration to be
made by the surveyor.
ORDINANCE No. 1 of 1882.
Tramways.
76. The submission to any such arbitration may be made a rule of the Court on the application of either of the parties.
77. No award made with respect to any question referred to arbitration under this Ordinance shall be set aside for irregularity, or error, in matter of form.
78. The purchase-money or compensation to be paid for any of the said lands mentioned in the said schedule D., and required to be purchased or taken by the company from any party who, by reason of absence from the Colony of Hongkong, is prevented from treating, or who cannot, after diligent inquiry, be found, or who shall not appear at the time (if any) appointed for the inquiry before the arbitrators or their umpire, as hereinbefore provided for, shall be such as shall be determined by the valuation of such able practical surveyor as a Judge in Summary Jurisdiction shall nominate for that purpose as hereinafter mentioned.
79. Upon application by the company in Chambers to a Judge in Summary Jurisdiction and upon such proof as shall be satisfactory to him, that any such party is, by reason of absence from the said Colony, prevented from treating, or cannot, after diligent inquiry, be found, or that any such party failed to appear on such inquiry before the arbitrators or their umpire as aforesaid, such Judge in Summary Jurisdiction shall by writing under his hand, nominate an able practical surveyor for determining such compensation as aforesaid, and such surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof.
80. Before such surveyor shall enter upon the duty of making such valuation as aforesaid, he shall, in the presence of a Justice of the Peace make and subscribe the declaration following at the foot of such nomination, (that is to say) :-
"I, A. B., do solemnly and sincerely declare that I will faithfully, impartially, "and honestly, according to the best of my skill and ability, execute the "duty of making the valuation hereby referred to me.
"Made and subscribed in the presence of
[A. B.]
Valuation, &c., to be produced to the owner of the lands on demand.
Expenses to be borne by company.
And if any surveyor shall corruptly make such declaration, or having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour.
81. The said nomination and declaration shall be annexed to the valuation to be made by such surveyor, and shall be preserved together therewith by the company, and they shall at all times produce the said valuation and other documents, on demand, to the owner of the lands comprised in such valuation, and to all other parties interested therein.
82. All the expenses of, and incident to, every such valuation shall be borne by the company.
1618
Submission may be made a rule
of Court.
Award not void through error in form.
Compensation to absent parties to be determined by a surveyor appointed by a Judge in Sum- mary Jurisdic- tion.
A Judge in Summary Juris diction to nomi- nate a surveyor.
Declaration to be
made by the surveyor.
ORDINANCE No. 1 or 1882.
Tramways.
76. The submission to any such arbitration may be made a rule of the Court on: the application of either of the parties.
77. No award made with respect to any question referred to arbitration under this Ordinance shall be set aside for irregularity, or error, in matter of form.
78. The purchase-money or compensation to be paid for any of the said lands mentioned in the said schedule D., and required to be purchased or taken by the company from any party who, by reason of absence from the Colony of Hongkong, is prevented from treating, or who cannot, after diligent inquiry, be found, or who shall not appear at the time (if any) appointed for the inquiry before the arbitrators or their umpire, as hereinbefore provided for, shall be such as shall be determined by the valuation of such able practical surveyor as a Judge in Summary Jurisdiction shall nominate for that purpose as hereinafter mentioned.
79. Upon application by the company in Chambers to a Judge in Summary Juris- diction and upon such proof as shall be satisfactory to him, that any such party is, by reason of absence from the said Colony, prevented from treating, or cannot, after diligent inquiry, be found, or that any such party failed to appear on such inquiry before the arbitrators or their umpire as aforesaid, such Judge in Summary Jurisdiction shall by writing under his hand, nominate an able practical surveyor for determining such compensation as aforesaid, and such surveyor shall determine the same accord- ingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof.
80. Before such surveyor shall enter upon the duty of making such valuation as aforesaid, he shall, in the presence of a Justice of the Peace make and subscribe the declaration following at the foot of such nomination, (that is to say) :-
"I, A. B., do solemnly and sincerely declare that I will faithfully, impartially, "and honestly, according to the best of my skill and ability, execute the "duty of making the valuation hereby referred to me.
"Made and subscribed in the presence of
[A. B.]
Valuation, &c., to be produced to the owner of the lands on demand.
Expenses to be borne by com-
pany.
And if any surveyor shall corruptly make such declaration, or having made such decla- ration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour.
81. The said nomination and declaration shall be annexed to the valuation to be made by such surveyor, and shall be preserved together therewith by the company, and they shall at all times produce the said valuation and other documents, on demand, to the owner of the lands comprised in such valuation, and to all other parties interested
therein.
82. All the expenses of, and incident to, every such valuation shall be borne by the company.
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