the-ordinances-of-the-legislative-counci-1890v3 — Page 349

1632 ORDINANCE No. 1 OF 1882 .


Tramways .


purchase, or to pay compensation for, then, whether the period allowed for the purchase
of lands shall have expired or not, the company shall remain in the undisturbed pos
session of such lands, provided, within three months after notice of such estate, right,
interest, or charge, in case the same shall not be disputed by the company, or in case
the same shall be disputed, then within three months after the right thereto shall have
been finally established by law in favour of the party claiming the same, the company
shall purchase or pay compensation for the same, and shall also pay to such party, or
to any other party who may establish a right thereto, full compensation for the mesne
profits or interest which would have accrued to such parties respectively in respect
thereof during the interval between the entry of the company thereon and the time of
the payment of such purchase-money or compensation by the company, so far as such
mesne profits or interest may be recoverable in law or equity ; and such purchase-money
or compensation shall be agreed on or awarded and paid in like manner as according
to the provisions of this Ordinance the same respectively would have been agreed on ,
or awarded , and paid , in case the company had purchased such estate, right, interest,
or charge before their entering upon such land, or as near thereto as circumstances
will admit .

How value of 127. In estimating the compensation to be given for any such last-mentioned
such lands to be
estimated. lands, or any estate or interest in the same, or for any mesne profits thereof, the arbi
trators , umpire, or Judge in Summary Jurisdiction as the case may be, shall assess
the same according to what they shall find to have been the value of such lands, estate ,
or interest, and profits, at the time such lands were entered upon by the company, and
without regard to any improvements, or works, made in the said lands by the company,
and as though the works had not been constructed .

Company to pay 128. In addition to the said purchase- money, compensation , or satisfaction, and
the costs of
litigation as to before the company shall become absolutely entitled to any such estate, interest, or
such lands.
charge, or to have the same merged or extinguished for their benefit, they shall , when
the right to any such estate, interest, or charge, shall have been disputed by the company
and determined in favour of the party claiming the same, pay the full costs and expenses
of any proceedings at law or in equity for the determination or recovery of the same
to the parties with whom any such litigation in respect thereof shall have taken place ;
and such costs and expenses shall, in case the same shall be disputed , be settled by the
Registrar.


Power to appeal.

Power to appeal 129. If the company, or any party, shall be dissatisfied with the award of any
from award.
arbitrator, or umpire, made under the provisions of this Ordinance in respect of the
amount of any compensation to be paid , the company, or such party, may appeal there
from by petition to the Governor in Council, provided that such petition of appeal be
deposited in the office of the Colonial Secretary of the said Colony of Hongkong not
later than two weeks after the date of the making of such award .