the-ordinances-of-the-legislative-counci-1890v2 — Page 74

HK Historical Laws 香港歷史法例 All

66-4 6 of 1883. ] TRAMWAYS .

Where com
pensation to
80. When the compensation payable in respect of any of
absent party the said lauds mentioned in the said schedule D., or any
has been
as
interest therein, shall have been ascertained and paid into Court
aforesaid the under the provisions herein contained, by reason that the owner
party may
have the same
of, or party entitled to assign such lands or such interest therein
determined as as aforesaid could not be found, or was absent from the said
in other cases Colony of Hongkong, if such owner or party shall be dissatisfied
compensa
tion .
with such determination, it shall be lawful for him , before he
shall have applie i to the Court for payment out or investment
of the monies so paid into Court, by notice in writing to the
company to require the question of such compensation to be
determined by a suit to be instituted in the Court in its original
jurisdiction in the same manner as is herein before provided for
in other cases of disputed compensation, and thereupon the
same shall be so determined accordingly.
Question to be 81. The question to be determined in the case last aforesaid
determineil.
shall be, whether the said sum so paid into Court as aforesaid
by the company was a sufficient sum ,, or whether any, and
what further sum ought to be paid into Court by them .
If further sum 82. If it shall be determined that a further sum ought to be
determined
company to paid into Court by the company, they shall so pay, such further
pay sameinto sum within fourteen days after such determination or, in default
fourteendays.. thereof, the same may be enforced by attachment, or recovered
with costs, by action or suit.
Cost of the 83. If it shall be determined that the sum so paid into
enquiry,
Court was sufficient, the costs of and incident to such enquiry
shall be in the discretion of the Court, but if it shall be deter
mined that a further sum ought to be paid into Court by the
company, all the costs of and incident to the enquiry shall be
borne by the company.
Compensa-
tion where no
84. If any party shall beentitled to any compensation in
satisfaction respect of any of the said lands, mentioned in the said schedule
previously D. , or of any interest therein , which shall have been taken for
made, how to
be settled . or injuriously affected by the execution of the works, and for
which the company shall not have made satisfaction under the
provisions of this ordinance, such compensation shall be deter
mined, where no agreement has been come to between such
party and the company, by a suit to be instituted in the Court
in its original jurisdiction in the same manner as is hereinbefore
provided for in other cases of disputed coinpensation.
Application of compensation.
Purchase . 85. If the purchase -money or compensation which shall be
able to para payable in respect of any of the said' lands, mentioned in the
ties under
said schedule D. , or of any interest therein, purchased or taken

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