408
lands. Fourth Schedule.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
take specified due to this Ordinance, it shall give notice thereof to all the parties interested in such lands, or to the parties enabled by this Ordinance to sell and assign or release the same, or to such of the said parties as may, after diligent inquiry, be known to the Company, and by such notice shall demand from such parties the particulars of their estate and interest in such lands and of the claims made by them in respect thereof.
Delivery of particulars of claim.
Statement of
etc.
(2.) Every such notice shall state the particulars of the lands so required, and that the Company is willing to treat for the purchase thereof, and as to the compensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works.
71. Within twenty-one days after the service of such notice (exclusive of the day of service), every party on whom the same is served shall give notice to the Company stating the particulars of his claim in respect of any such land and the compensation which he is willing to accept for the same.
72. Within twenty-one days after the service on the Company of such compensation last-mentioned notice (exclusive of the day of service), the Company shall in writing state to the party giving the same whether or not it will pay the compensation required by such party, and, if not, then the Company shall state what compensation it is willing to pay to such party, and, within twenty-one days after the service on such party by the Company of such intimation (exclusive of the day of service), such party shall give notice to the Company whether or not he will accept the compensation that the Company is willing to pay.
Determination of compensation.
Issue of writ.
73. If the Company or any such party as aforesaid fails to serve the said respective notices aforesaid within the respective times aforesaid, or if no agreement is come to between the Company and the owners of or parties by this Ordinance enabled to sell and assign or release any of the lands mentioned in the said Fourth Schedule and taken or required for, or injuriously affected by the execution of, the undertaking, or any interest in such lands, as to the value of such lands or of any interest therein, or as to the compensation to be made in respect thereof, or for any damage that may be sustained by reason of the execution of the works, the amount of such value, compensation, or damage shall be determined by an action to be instituted in the Court in its original jurisdiction.
74. Every such action shall be commenced by a writ of summons headed Compensation under the Tramways Ordinance, 1883, and shall be issued by the Registrar of the Court on the filing by the Company of a præcipe for the same, or on the filing thereof by the party claiming compensation, by such writ.
75. The
and copy
the form: the circum
76.-(1) indorsed on
days after members for a
value, con
may make (2.) If
aforesaid, such seven
77. Exc
lowed in t
shall be the obtaining if it appe the parties
not be nec may make
it or him cretion of t
by the Co: shall bear
78. The lands mem chased or
absence fr
after dilige
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shall be bo
79. In € the Company to the valu also to the reason of th or of such
408
lands. Fourth Schedule.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
take specified dule to this Ordinance, it shall give notice thereof to all the parties interested in such lands, or to the parties enabled by this Ordinance to sell and assign or release the same, or to such of the said parties as may, after diligent inquiry, be known to the Company, and by such notice. shall demand from such parties the particulars of their estate and inter- est in such lands and of the claims made by them in respect thereof.
Delivery of particulars of claim.
Statement of
etc.
(2.) Every such notice shall state the particulars of the lands so required, and that the Company is willing to treat for the purchase thereof, and as to the compensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works.
71. Within twenty-one days after the service of such notice (exclu- sive of the day of service), every party on whom the same is served shall give notice to the Company stating the particulars of his claim in respect of any such land and the compensation which he is willing to accept for the same.
72. Within twenty-one days after the service on the Company of such compensation last-mentioned notice (exclusive of the day of service), the Company to be paid,
shall in writing state to the party giving the same whether or not it will pay the compensation required by such party, and, if not, then the Com- pany shall state what compensation it is willing to pay to such party, and, within twenty-one days after the service on such party by the Com- pany of such intimation (exclusive of the day of service), such party shall give notice to the Company whether or not he will accept the compen- sation that the Company is willing to pay.
Determina-
tion of com- pensation.
Issue of writ.
73. If the Company or any such party as aforesaid fails to serve the said respective notices aforesaid within the respective times aforesaid, or if no agreement is come to between the Company and the owners of or parties by this Ordinance enabled to sell and assign or release any of the lands mentioned in the said Fourth Schedule and taken or required for, or injuriously affected by the execution of, the undertaking, or any interest in such lands, as to the value of such lands or of any interest therein, or as to the compensation to be made in respect thereof, or for any damage that may be sustained by reason of the execution of the works, the amount of such value, compensation, or damage shall be determined by an action to be instituted in the Court in its original jurisdiction.
74. Every such action shall be commenced by a writ of summons headed Compensation under the Tramways Ordinance, 1883, and shall be issued by the Registrar of the Court on the filing by the Company of a præcipe for the same, or on the filing thereof by the party claiming com-
A.D. 188
pensation, it by such writ.
75. The
and copy
the form: the circum
76.-(1 indorsed o
days after bers for a
value, con
may make (2.) If: aforesaid, such seven
77. Exc
lowed in t
shall be t obtaining i if it appe the parties
not be nec may make
it or him cretion of t
by the Co: shall bear
78. The lands mem chased or
absence fr
after dilige
Court in a
shall be bo
79. In € the Compa to the valu also to the reason of th or of such
i
i
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