Section 23, The Concessions Ordinance

When the Court shall decide that any concession or partthereof is invalid, but shall find that consideration was given therefor, the Court may order the repayment or return of such consideration, or of part thereof, to the person who would have been entitled to the benefit of the concession if it had been 1 ed valid, or may dec ar estion arising with respect to any such concession as it an~ 1 qXeelll just, and in particular may, in making any order, sha ·nto account the time which has elapsed since the date of take 1ncession, the knowledge of and acquiescence in any such the c~sion on the part of any person claiming to be affected c_?nceby or any operations or expenditure upon the land. Any tnehre order shall be deemed to be, and shall be enforced as, sue a decree of Court. 24 The Court may, in any case where it shall deem it Order by nece~sary, require that before a certificate of validity is issued ~;~!/or . respect of any concession the boundaries of the land affected :all be demarcated and surveyed by a surveyor either duly ualified or approved by the Court; and the Court may further {equire that such demarcation and survey or any portion thereof shall be certified as sufficient by a surveyor either duly qualified or approved by the Court as aforesaid, and the Court may further order that either before or after the issue of a certificate of validity the position of a point described on any plan made in pursuance of any survey as aforesaid as the datum point of such survey shall be fixed by a surveyor, either duly qualified or approved by the Court as aforesaid, with reference to a general survey of the Colony or Protectorate or any part thereof. The costs of any demarcation or survey or of any certificate or of fixing the datum point under this section shall be paid by the person claiming to be entitled to the benefit of the concession.