1901_TRAMWAYS_ORDINANCE__1883 — Page 28

410

No. 2.] THE ORDINANCES OF HONGKONG: [AD. 1883.

A.D. 188

Right of absent party to have compensation determined by action, although already ascertained.

Question to cise of the powers of this Ordinance, and to the fact that the lands taken are so taken from such owner compulsorily.

80. When the compensation payable in respect of any of the lands mentioned in the said Fourth Schedule, or any interest therein, has been ascertained and paid into Court under the provisions herein contained, by reason that the owner of or party entitled to assign such lands or such interest therein as aforesaid could not be found or was absent from the Colony, if such owner or party is dissatisfied with such determination, it shall be lawful for him, before he applies to the Court for payment out or investment of the moneys so paid into Court, by notice in writing to the Company, to require the question of such compensation to be determined by an action to be instituted in the Court in its original jurisdiction in the same manner as is hereinbefore provided for in other cases of disputed compensation, and thereupon the same shall be so determined accordingly.

81. The question to be determined in the case last aforesaid shall be whether the said sum so paid into Court as aforesaid by the Company was a sufficient sum or whether any and what further sum ought to be paid into Court by the Company.

in such action.

Payment of further sum, if awarded.

Costs of inquiry.

Settlement of where no satisfaction previously made.

82. If it is determined that a further sum ought to be paid into Court by the Company, the Company shall so pay such further sum within fourteen days after such determination or, in default thereof, the same may be enforced by attachment or recovered, with costs, by action.

83. If it is determined that the sum so paid into Court was sufficient, the costs of and incident to the inquiry shall be in the discretion of the Court, but if it is determined that a further sum ought to be paid into Court by the Company, all the costs of and incident to the inquiry shall be borne by the Company.

84. If any party is entitled to any compensation in respect of any of the lands mentioned in the said Fourth Schedule, or of any interest therein, which has been taken for or injuriously affected by the execution of the works, and for which the Company has not made satisfaction under the provisions of this Ordinance, such compensation shall be determined, where no agreement has been come to between such party and the Company, by an action to be instituted in the Court in its original jurisdiction in the same manner as is hereinbefore provided for in other cases of disputed compensation.

Payment into Court of Application of Compensation,

85. If the purchase money or compensation which is payable in respect of any of the lands mentioned in the said Fourth Schedule, or of any interest therein, is paid into Court in permanent dollars, the Court shall direct the application of such money in the following manner: (1.) in payment to some person or persons entitled thereto; (2.) in settlement of any dispute as to the right thereto; (3.) if the parties are under disability, the Court shall direct the application thereof; (4.) in payment into Court of any sum remaining.

86. Such moneys paid into Court shall be dealt with in the manner provided by the rules of Court, and the Registrar of the Court or a person entitled thereto may apply for payment.

87.--(1.) If the sum of money paid into Court is less than one thousand dollars, the Court may direct the same to be paid to the person or persons entitled thereto, upon application in writing.