the-ordinances-of-the-legislative-counci-1890v2 — Page 73

TRAMWAYS . [ 6 of 1883. ] 663

75. The plaintiff shall be at liberty to make upon the writ Special
of summons and copy thereof a special indorsement, which indorsement..
indorsement may be in the form shown in schedule E. to this
ordinance, or as near thereto as the circumstances of the case
will adınit of.
Applications
76. After the appearance of the defendant to a writ specially for reference.
endorsed, or in case of non -appearance, the company may ,
within seven days after the time limited for appearance, apply
by summons in chambers for a reference to the Registrar to
ascertain the amount of such value, compensation, or damage
as aforesaid , and thereupon the Judge may make such order as
he shall think fit. If the company do not make such applica
tion within the time aforesaid , the other party may , within five
days after the expiration of such seven days, make such
application.
Practice to be
77. Except as is herein otherwise provided, the practice to followedl ,
be followed in every such suit as aforesaid, and the proceedings Costs.
therein, shall be the same as the practice and proceedings for
the time being obtaining in suits in the Court in its original
jurisdiction, save that, if it appears to the Court, or a Judge,
that no question is in issue between the parties beyond the
amount of compensation to be awarded, it shall not be neces
sary to file any written pleadings, but the Court, or Judge,
may make such order on the confirmation of the Registrar's
report as to it, or him , may seem just, and the costs ofthe suit Costs.
shall be in the discretion of the Court, unless the same or a
less sum than shall have been offered by the company shall be
directed to be paid by them , in which case each party shall
bear his own costs.
78. The purchase money or compensation to be paid for any How compen
of the said lands mentioned in the said schedule D. and required absent
sation toparties
to be purchased or taken by the company from any party who, mincd.
tobedeter
by reason of absence from the Colony of Hongkong, is pre
vented from treating, or who cannot after diligent enquiry be
found , shall be determined upon petition to the Court in a
summary way, and the expenses thereof and incident thereto
shall be borne by the company.
79. In estimating the purchase money or compensation to be Damage for
severance, &c.,
paid by the company in any of the cases aforesaid, regard inay may bein.
be had not only to the value of the land to be purchased or cluded in
taken by the company, but also to the damage if any to be compensa
sustained by the owner of the lands by reason of the severing
of the lands taken from other lands of such owner , or of such
other lands being otherwise injuriously affected by the exercise
of the powers of this ordinance, and to the fact that the lands
taken are so taken from such owner compulsorily.