426
No. 2.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
A.D. 188
shall be t
claimed than to produce the lease in respect of which such claim is made, or the best evidence thereof in his power.
tenancy at will.
Limit of time for compul-
(2.) If, after demand made in writing by the Company, such lease, or such best evidence thereof, is not produced within twenty-one days, the party so claiming compensation shall be considered as a tenant holding only from year to year, and be entitled to compensation accordingly.
Limit of Compulsory Powers.
121. The powers of the Company for the compulsory purchase or taking of lands for the purposes of this Ordinance shall not be exercised after the expiration of three years from the commencement of this Ordinance.
Power to Company to purchase interests in lands, purchase whereof this Ordinance, any party appears to be entitled to any estate, right, or interest in, or charge affecting, such lands which the Company, through mistake or inadvertence, has failed or omitted duly to purchase or to pay compensation for, then, whether the period allowed for the purchase of lands has expired or not, the Company shall remain in the undisturbed possession of such lands, provided, within three months after notice of such estate, right, interest, or charge, in case the same is not disputed by the Company, or, in case the same is disputed, then within three months after the right thereto has been finally established by law in favour of the party claiming the same, the Company shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the Company thereon and the time of the payment of such purchase money or compensation by the Company, so far as such mesne profits or interest may be recoverable at law or in equity.
Estimation of value of such lands.
(2.) Such purchase money or compensation shall be agreed upon or determined and paid in like manner as, according to the provisions of this Ordinance, the same respectively would have been agreed upon or determined and paid in case the Company had purchased such estate, right, interest, or charge before entering upon such lands, or as near thereto as circumstances will admit.
123. The compensation to be given for any such last-mentioned lands or any estate or interest in the same, or for any mesne profits thereof, shall, in case of dispute, be determined by arbitration, regard being had by the arbitrators to the time when the Company took possession of such lands.
124. Liability to satisfaction, and extinguishment of such estate, shall be determined and experienced in relation thereto.
125. Vesting of this Ordinance absolutely thereof, all such period Crown.
126. A required to be left at, or
of the Con to the sec Company.
127. W Company,
(1.) ev
and
(2.) a n
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such
knov
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rent:
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426
No. 2.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
A.D. 188
shall be t
claimed than to produce the lease in respect of which such claim is made, or the best
evidence thereof in his power.
tenancy at will.
Limit of time for compul-
(2.) If, after demand made in writing by the Company, such lease, or such best evidence thereof, is not produced within twenty-one days, the party so claiming compensation shall be considered as a tenant hold- ing only from year to year, and be entitled to compensation accord- ingly.
Limit of Compulsory Powers.
121. The powers of the Company for the compulsory purchase or sory purchase. taking of lands for the purposes of this Ordinance shall not be exercised after the expiration of three years from the commencement of this Or- dinance.
l'ower to Company to purchase interests in lands, pur-
may have been omitted by mistake.
Interests omitted to be purchased.
122.-(1.) If, at any time after the Company has entered upon any lands which, under the provisions of this Ordinance, it was authorized to purchase, and which are permanently required for the purposes of chase whereof this Ordinance, any party appears to be entitled to any estate, right, or interest in, or charge affecting, such lands which the Company, through mistake or inadvertence, has failed or omitted duly to purchase or to pay compensation for, then, whether the period allowed for the purchase of lands has expired or not, the Company shall remain in the undisturbed possession of such lands, provided, within three months after notice of such estate, right, interest, or charge, in case the same is not disputed by the Company, or, in case the same is disputed, then within three months after the right thereto has been finally established by law in favour of the party claiming the same, the Company shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the Company thereon and the time of the payment of such purchase money or compensation by the Company, so far as such mesne profits or interest may be recoverable at law or in equity.
Estimation of value of such lands.
(2.) Such purchase money or compensation shall be agreed upon or determined and paid in like manner as, according to the provisions of this Ordinance, the same respectively would have been agreed upon or determined and paid in case the Company had purchased such estate, right, interest, or charge before entering upon such lands, or as near thereto as circumstances will admit.
123. The compensation to be given for any such last-mentioned lands or any estate or interest in the same, or for any mesne profits thereof,
time when regard be by the Co
124. Li faction, a
any such extinguisl such esta: determine and exper
tion or re tion in re
shall, in c
125. V this Ordi absolutely thereof, al such peri Crown.
126. A required t left at, or
of the Con to the sec Company.
127. W Company,
(1.) ev
and
(2.) a n
com]
such
knov
sible
rent:
son,
ed or
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