the-ordinances-of-the-legislative-counci-1890v3 — Page 343

1626 ORDINANCE No. 1 oF 1882 .


Tramways.


Proceedings in 103. If in any case in which, according to the provisions of this Ordinance, the
case of refusal
to deliver
possession of company are authorized to enter upon and take possession of such of the said lands
lands.
mentioned in the said schedule D. as are required for the purposes of the undertaking,
the owner or occupier of any such lands, or any other person , refuse to give up the
possession thereof, or hinder the company from entering upon or taking possession of the
same, it shall be lawful for the company to issue their warrant to the sheriff of the Colony
of Hongkong to deliver possession of the same to the person appointed in such warrant
to receive the same, and upon the receipt of such warrant the sheriff shall deliver possession
of any such lands accordingly, and the costs accruing by reason of the issuing and
execution of such warrant, to be settled by the sheriff, shall be paid by the person refusing
to give possession, and the amount of such costs shall be deducted and retained by the
company from the compensation, if any, then payable by them to such party, or if no
such compensation be payable to such party, or if the same be less than the amount of
such costs, then such costs , or the excess thereof beyond such compensation, if not paid
on demand, shall be levied by distress, and upon application to a Judge in Summary
Jurisdiction for that purpose he shall issue his warrant accordingly.

Parties not to 109. No party shall at any time be required to sell or assign to the company a
be required to
sell part ofa part only of any house or other building or manufactory, if such party be willing and
house.
able to sell and assign the whole thereof.


Lands in mortgage.



Power to redeem 110. It shall be lawful for the company to purchase or redeem the interest of
mortgages, the mortgagee of any of the said lands mentioned in the said schedule D. , which may
be required for the purposes of this Ordinance, and that whether they shall have pre
viously purchased the equity of redemption of such lands or not, and whether the
mortgagee thereof be entitled thereto in his own right, or in trust for any other party,
and whether he be in possession of such lands by virtue of such mortgage or not, and
whether such mortgage affect such lands solely, or jointly, with any other lands not
required for the purposes of this Ordinance, and in order thereto the company may
pay or tender to such mortgagee the principal and interest due on such mortgage,
together with his costs and charges, if any, and also one month's additional interest ,
and thereupon such mortgagee shall immediately assign his interest in the lands
comprised in such mortgage to the company, or as they shall direct, or the company
may give notice in writing to such mortgagee that they will pay off the principal and
interest due on such mortgage at the end of one month, computed from the day of
giving such notice ; and if they shall have given any such notice, or if the party
entitled to the equity of redemption of any such lands shall have given notice of his
intention to redeem the same, then at the expiration of either of such notices, or at
any intermediate period , upon payment or tender by the company to the mortgagee
of the principal money due on such mortgage, and the interest which would become