1950_BUILDINGS_ORDINANCE — Page 72

CAP. 123]

Is. 155 cont.]

Effect of

such evidence

on com~

pensation.

Vacancies

among

arbitrators.

Appeal to Governor in Council

against decision of any person entrusted

with powers under this Ordinance.

Buildings.

a gaming house, or for any other illegal purpose;

or

(b) that the rental of the premises was enhanced by

illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably

capable of being made fit, for human habitation.

(3) If the said arbitrators or umpire are satisfied by such evidence, then the compensation shall—

(a) in cases (a) and (b) in subsection (2) so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c) in subsection (2) be based on the amount estimated as the value of the 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 of putting them into such repair, as the case may be; and

(c) in case (d) in subsection (2) be based on the value of the land, and of the materials of the buildings thereon.

[150]

156. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and, if he is a person appointed by a claimant, shall be filled by some other person so appointed.

[151]

Appeal to the Governor in Council.

157. (1) Whenever any person is dissatisfied with the exercise of the discretion of any person to whom discretion- ary power is given under this Ordinance in respect of any act, matter, or thing, which is by this Ordinance made subject to the exercise of the discretion of such authority, or with any action or decision of any such person either

532