1923_CROWN_LANDS_RESUMPTION_ORDINANCE__1900 — Page 7

1094

No. 10 of 1900.

CROWN LANDS RESUMPTION.

(2) A Board may also receive evidence to prove -

(a) that the rental of the building or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or

(b) that the building or premises are in such a condition as to be a nuisance within the meaning of any Building [ef. No. 1 of Ordinance, or any Ordinance relating to the public health, 1903.] or is or are not in reasonably good repair; or

Additional rules for determining compensation. 9 & 10 Geo.

5, c. 57, s. 2 (1) (2).

(c) that the building or premises are unfit, and not reason- ably capable of being made fit, for human habitation.

(3) If the Board is satisfied by such evidence, then the compensation-

(a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and

(b) shall, in the second case, be the amount estimated as the value of the building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and

(c) shall, in the third case, be the value of the land and of the materials of the buildings thereon.

11A. In the determination of the compensation to be paid under this Ordinance,-

(1) No allowance shall be made on account of the resump- tion being compulsory ;

(2) No compensation shall be given in respect of any use of the land which is not in accordance with the terms of the Crown lease under which the land is held;

(3) No compensation shall be given in respect of any expectancy or probability of the grant or renewal or con- tinuance, by the Crown or by any person, of any licence, permission, lease or permit whatsoever: Provided that this paragraph shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and

* As amended by No. 14 of 1921, No. 9 of 1922 and Law Rev. Ord., 1924,