the-ordinances-of-the-legislative-counci-1890v3 — Page 426

ORDINANCE No. 6 OF 1883. 1709


Tramways.


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
necessary 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 of the suit shall be in the discretion of Costs.

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 of the How compen
sation to
said lands mentioned in the said schedule D. and required to be purchased absent parties
to be deter
or taken by the company from any party who, by reason of absence from mined.

the Colony of Hongkong, is prevented 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 paid
&c.,
by the company in any of the cases aforesaid , regard may be had not only may be in
cluded in com
to the value of the land to be purchased or taken by the company , but pensation.
also to the damage if any to be 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.

80. When the compensation payable in respect of any of the said Where com
pensation to
lands mentioned in the said schedule D. , or any interest therein, shall absent party
has been as
have been ascertained and paid into Court under the provisions herein certained as
aforesaid the
contained, by reason that the owner of, or party entitled to assign such party may
have the same
lands or such interest therein as aforesaid could not be found, or was determined as
in other cases
absent from the said Colony of Hongkong, if such owner or party shall of disputed
compensa
be dissatisfied with such determination , it shall be lawful for him , before tion.
he shall have applied 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 hereinbefore provided for in other cases of disputed compensation , and
thereupon the same shall be so determined accordingly.