the-ordinances-of-the-legislative-counci-1890v3 — Page 335

1618 ORDINANCE No. 1 OF 1882 .


Tramways.

Submission may 76. The submission to any such arbitration may be made a rule of the Court on
be made a rule
ofCourt. the application of either of the parties.

Award not void 77. No award made with respect to any question referred to arbitration under this
through error in
form .
Ordinance shall be set aside for irregularity , or error, in matter of form .

Compensation to 78. The purchase-money or compensation to be paid for any of the said lands
absent parties to
be determined by mentioned in the said schedule D. , and required to be purchased or taken by the
a surveyor
appointed by a company from any party who, by reason of absence from the Colony of Hongkong, is
Judge in Suin
mary Jurisdic
tion. prevented from treating, or who cannot, after diligent inquiry, be found , or who shall
not appear at the time (ifany) appointed for the inquiry before the arbitrators or their
umpire, as hereinbefore provided for, shall be such as shall be determined by the
valuation of such able practical surveyor as a Judge in Summary Jurisdiction shall
nominate for that purpose as hereinafter mentioned.

A Judge in 79. Upon application by the company in Chambers to a Judge in Summary Juris
Suminary Juris
diction to nomi
nate a surveyor. diction and upon such proof as shall be satisfactory to him, that any such party is, by
reason of absence from the said Colony, prevented from treating, or cannot, after
diligent inquiry, be found, or that any such party failed to appear on such inquiry
before the arbitrators or their umpire as aforesaid, such Judge in Summary Jurisdiction
shall by writing under his hand , nominate an able practical surveyor for determining
such compensation as aforesaid, and such surveyor shall determine the same accord
ingly, and shall annex to his valuation a declaration in writing subscribed by him of
the correctness thereof.

Declaration to be 80. Before such surveyor shall enter upon the duty of making such valuation as
made by the
surveyor. aforesaid, he shall, in the presence of a Justice of the Peace make and subscribe the
declaration following at the foot of such nomination , (that is to say) : –

"I, A. B., do solemnly and sincerely declare that I will faithfully, impartially,
"and honestly, according to the best of my skill and ability, execute the
"duty of making the valuation hereby referred to me.
"
"Made and subscribed in the presence of

[A. B.]

And if any surveyor shall corruptly make such declaration , or having made such decla
ration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour.

Valuation, &c., 81. The said nomination and declaration shall be annexed to the valuation to be
to be produced
to the owner of made by such surveyor, and shall be preserved together therewith by the company,
the lands on
demand.
and they shall at all times produce the said valuation and other documents , on demand ,
to the owner of the lands comprised in such valuation, and to all other parties interested
therein.

Expenses to be
borne by cor . 82. All the expenses of, and incident to, every such valuation shall be borne by
pany. the company .