1901_TRAMWAYS_ORDINANCE__1883 — Page 32

HK Historical Laws 香港歷史法例 All AI Reviewed

414

Application of money so paid into Court.

Party in possession of lands to be deemed owner thereof.

No. 2. THE ORDINANCES OF HONGKONG: [A.D. 1883.

2.]

Registrar for execution on behalf of the owner and other, if any, the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained on petition in a summary way, execute the same, and all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase money or compensation has been so paid shall vest absolutely in the Company, and, as against such parties, the Company shall be entitled to immediate possession of such lands.

94. On the application by petition of any party making claim to the money so paid into Court as last aforesaid or any part thereof, or to the lands in respect whereof the same has been so paid, or any part of such lands, or any interest in the same, the Court or a Judge may, as to it or him may seem fit, order such money to be laid out or invested in or upon any securities or investments authorized by the Court or a Judge, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands or any part thereof, and may make such other order in the premises as to the Court or such Judge may seem fit.

95. If any question arises respecting the title to the lands in respect whereof such money has been so paid into Court as aforesaid, the parties deemed owner respectively in possession of such lands, as being the owners thereof or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary is shown, to the satisfaction of the Court or a Judge, upon petition in a summary way, and, unless the contrary is shown as aforesaid, the parties so in possession, and all parties claiming under them or consistently with their possession, shall be deemed entitled to the money so paid into Court and to the dividends or interest thereof, and the same shall be paid and applied accordingly.

Costs in cases of money paid into Court.

96. In all cases of money paid into Court under the provisions of this Ordinance, except where such money has been so paid in by reason of the wilful refusal of any party entitled thereto to receive the same or to assign or release the lands in respect whereof the same is payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Company, that is to say, the costs of the purchase or taking of the lands or which have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such money.

A.D. 1883.

in manner provided by this Ordinance, and the costs of obtaining an order for the payment of such money, and of all proceedings under or in pursuance of such order, and of any litigation or other proceedings between the several parties claiming to be entitled to the said money or to the lands, in different or in the same degrees, it shall be lawful for the Court to order the same to be paid by the Company.

97. Assignment of lands to the Company.

98. The costs of such assignment, and such costs as are mentioned in section 96, shall be paid by the Company, as well as the costs of all assurances and proceedings mentioned therein, and the costs of all other proceedings relative to such lands, terms, and hereditaments, and of verifying and attesting the title.

99.--(1.) If the Company and any party do not agree as to the costs, the Registrar of the Supreme Court may, in a summary way, assess the same, and if any party refuses or neglects to pay the same as assessed, the Registrar may certify the same to the Court, and the Court may, or, in default of payment, order the same to be recovered in any other court of competent jurisdiction.

(2.) The costs so assessed shall, unless upon due application they are disallowed, or reduced, be recoverable by the party who has ascertained his claim to the same, as a debt due to him, upon the certificate of the Registrar.

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414 Application of money so paid into Court. Party in possession of lands to be deemed owner thereof. No. 2. THE ORDINANCES OF HONGKONG: [A.D. 1883. 2.] Registrar for execution on behalf of the owner and other, if any, the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained on petition in a summary way, execute the same, and all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase money or compensation has been so paid shall vest absolutely in the Company, and, as against such parties, the Company shall be entitled to immediate possession of such lands. 94. On the application by petition of any party making claim to the money so paid into Court as last aforesaid or any part thereof, or to the lands in respect whereof the same has been so paid, or any part of such lands, or any interest in the same, the Court or a Judge may, as to it or him may seem fit, order such money to be laid out or invested in or upon any securities or investments authorized by the Court or a Judge, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands or any part thereof, and may make such other order in the premises as to the Court or such Judge may seem fit. 95. If any question arises respecting the title to the lands in respect whereof such money has been so paid into Court as aforesaid, the parties deemed owner respectively in possession of such lands, as being the owners thereof or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary is shown, to the satisfaction of the Court or a Judge, upon petition in a summary way, and, unless the contrary is shown as aforesaid, the parties so in possession, and all parties claiming under them or consistently with their possession, shall be deemed entitled to the money so paid into Court and to the dividends or interest thereof, and the same shall be paid and applied accordingly. Costs in cases of money paid into Court. 96. In all cases of money paid into Court under the provisions of this Ordinance, except where such money has been so paid in by reason of the wilful refusal of any party entitled thereto to receive the same or to assign or release the lands in respect whereof the same is payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Company, that is to say, the costs of the purchase or taking of the lands or which have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such money. A.D. 1883. in manner provided by this Ordinance, and the costs of obtaining an order for the payment of such money, and of all proceedings under or in pursuance of such order, and of any litigation or other proceedings between the several parties claiming to be entitled to the said money or to the lands, in different or in the same degrees, it shall be lawful for the Court to order the same to be paid by the Company. 97. Assignment of lands to the Company. 98. The costs of such assignment, and such costs as are mentioned in section 96, shall be paid by the Company, as well as the costs of all assurances and proceedings mentioned therein, and the costs of all other proceedings relative to such lands, terms, and hereditaments, and of verifying and attesting the title. 99.--(1.) If the Company and any party do not agree as to the costs, the Registrar of the Supreme Court may, in a summary way, assess the same, and if any party refuses or neglects to pay the same as assessed, the Registrar may certify the same to the Court, and the Court may, or, in default of payment, order the same to be recovered in any other court of competent jurisdiction. (2.) The costs so assessed shall, unless upon due application they are disallowed, or reduced, be recoverable by the party who has ascertained his claim to the same, as a debt due to him, upon the certificate of the Registrar.

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414 Application of money so paid into Court. Party in possession of lands to be thereof. No. 2. THE ORDINANCES OF HONGKONG: [A.D. 1883. 2.] Registrar for execution on behalf of the owner and other, if any, the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained on petition in a summary way, execute the same, and all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase money or compensation has been so paid shall vest absolutely in the Company, and, as against such parties, the Company shall be entitled to immediate possession of such lands. 94. On the application by petition of any party making claim to the money so paid into Court as last aforesaid or any part thereof, or to the lands in respect whereof the same has been so paid, or any part of such lands, or any interest in the same, the Court or a Judge may, as to it or him may seem fit, order such money to be laid out or invested in of upon any securities or investments authorized by the Court or a Judge, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands or any part thereof, and may make such other order in the premises as to the Court or such Judge may seem fit. 95. If any question arises respecting the title to the lands in respect whereof such has been so paid into Court as aforesaid, the parties money deemed owner respectively in possession of such lands, as being the owners thereof or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary is shown, to the satisfaction of the Court or a Judge, upon petition in a summary way, and, unless the contrary is shown as aforesaid, the parties so in posses- sion, and all parties claiming under them or consistently with their possession, shall be deemed entitled to the money so paid into Court and to the dividends or interest thereof, and the same shall be paid and applied accordingly. Coats in cases into Court. 96. In all cases of money paid into Court under the provisions of of money paid this Ordinance, except where such money has been so paid in by reason of the wilful refusal of any party entitled thereto to receive the same or to assign or release the lands in respect whereof the same is payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Company, that is to say, the costs of the purchase or taking of the lands or which have been in- curred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such money A.D. 1883. in mammer p of in the pu proper order the payment such money i of such mon: all proceedin tion between application c appears to th the said mo lands, in dift lawful for tl paid by the 97. Assig the Compan 98. The c and such ca part as wel assurances V therein, and ine lands, terms, and attested expenses such title. 99.--(1.) do not agre Registrar of summary w refuses or n from such p may certify or, in defau any other c (2.) The unless upon disallowed, the party w ascertained certificate

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414

Application of money so paid into Court.

Party in

possession of lands to be

thereof.

No. 2. THE ORDINANCES OF HONGKONG: [A.D. 1883.

2.]

94. On the application by petition of any party making claim to the money so paid into Court as last aforesaid or any part thereof, or to the lands in respect whereof the same has been so paid, or any part of such lands, or any interest in the same, the Court or a Judge may, as to it or him may seem fit, order such money to be laid out or invested in of upon any securities or investments authorized by the Court or a Judge, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands or any part thereof, and may make such other order in the premises as to the Court or such Judge may seem fit.

95. If any question arises respecting the title to the lands in respect whereof such has been so paid into Court as aforesaid, the parties

money deemed owner respectively in possession of such lands, as being the owners thereof or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary is shown, to the satisfaction of the Court or a Judge, upon petition in a summary way, and, unless the contrary is shown as aforesaid, the parties so in posses- sion, and all parties claiming under them or consistently with their possession, shall be deemed entitled to the money so paid into Court and to the dividends or interest thereof, and the same shall be paid and applied accordingly.

Coats in cases

into Court.

96. In all cases of money paid into Court under the provisions of of money paid this Ordinance, except where such money has been so paid in by reason of the wilful refusal of any party entitled thereto to receive the same or to assign or release the lands in respect whereof the same is payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Company, that is to say, the costs of the purchase or taking of the lands or which have been in- curred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such money

A.D. 1883.

in mammer p of in the pu proper order the payment such money i of such mon: all proceedin tion between application c appears to th the said mo lands, in dift

lawful for tl

paid by the

97. Assig the Compan

98. The c

and such ca

part as wel assurances V therein, and

ine

lands, terms, and attested

expenses such title.

99.--(1.) do not agre Registrar of

summary w refuses or n

from such p

may certify

or, in defau any other c (2.) The unless upon disallowed,

the party w ascertained

certificate

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