CAP. 123]
Buildings.
[s. 150 cont.] granted by him either wholly or in part and with or without conditions; and a certificate under the hand of the Building Authority to the effect that any such modification or exemption has been granted by him shall be as valid and effectual for all purposes as if such modification or exemption had been granted by the Governor in Council. [160]
Breach of condition of modification
or exemption.
Registration of modifica- tion and cancellation thereof.
Submission of claim.
151. The breach of or failure to perform any term or condition attached to any modification of or exemption from any provision of this Ordinance shall entitle the authority, by whom such modification or exemption was granted, to cancel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted. [164]
152. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the property affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancel- ling authority shall be registered by the Land Officer against the property affected without fee.
[165]
Arbitration.
153. (1) No suit, action or other proceeding shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.
(2) In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Governor in Council, the
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CAP. 123]
Buildings.
[s. 150 cont.] granted by him either wholly or in part and with or without conditions; and a certificate under the hand of the Building Authority to the effect that any such modification or exemption has been granted by him shall be as valid and effectual for all purposes as if such modification or exemption had been granted by the Governor in Council. [160]
Breach of condition of modification
or exemption.
Registration of modifica- tion and cancellation thereof.
Submission of claim.
151. The breach of or failure to perform any term or condition attached to any modification of or exemption from any provision of this Ordinance shall entitle the authority, by whom such modification or exemption was granted, to cancel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted. [164]
152. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the property affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancel- ling authority shall be registered by the Land Officer against the property affected without fee.
[165]
Arbitration.
153. (1) No suit, action or other proceeding shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit. to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.
(2) In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Governor in Council, the
530
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