L.D. 1883.
A.D. 1883.]
the parties
ordinance to
ies as may, such notice
and inter- hereof.
e lands so
→ purchase ies for the
ition of the
Ice (exclu- erved shall in respect accept for
ny of such Company not it will the Com- ach party, the Com- party shall
o compen-
› serve the aforesaid, owners of
of
ase any r required
1g, or any
y interest
eof, or for
on of the
› shall be
s original
summons
d shall be
pany of a ning com-
TRAMWAYS.
¡No. 2.
compensation, if the Company does not, within fourteen days after service on it by such party of a notice requiring it to do so, file its præcipe for such writ.
409
indorsement
75. The plaintiff shall be at liberty to make on the writ of summons Special and copy thereof a special indorsement, which indorsement may be in of writ. the form in the Fifth Schedule to this Ordinance or as near thereto as Fifth the circumstances of the case will admit of.
Schedule.
for reference.
76.-(1.) After the appearance of the defendant to a writ specially Application indorsed or in case of non-appearance, the Company may, within seven days after the time limited for appearance, apply by summons in Cham- bers for a reference to the Registrar to ascertain the amount of such value, compensation, or damage as aforesaid, and thereupon the Judge may make such order as he may think fit.
(2.) If the Company does not make such application within the time aforesaid, the other party may, within five days after the expiration of such seven days, make such application.
77. Except as is herein otherwise provided, the practice to be fol- lowed in every such action as aforesaid, and the proceedings therein, shall be the same as the practice and proceedings for the time being obtaining in actions 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 action shall be in the dis- cretion of the Court, unless the same or a less sum than has been offered by the Company is directed to be paid by it, in which case each party shall bear his own costs.
Practice to be action.
followed in
tion of com-
parties.
78. The purchase money or compensation to be paid for any of the Determina- lands mentioned in the said Fourth Schedule and required to be pur- pensation to chased or taken by the Company from any party who, by reason of absent absence from the Colony, is prevented from treating, or who cannot after diligent inquiry 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 by Damage for the Company in any of the cases aforesaid, regard may be had not only severance. to the value of the land to be purchased or taken by the Company, but 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 exer-
included in
on!
compensa-
Revised to meet the requirements: 1. Reorganized the text into proper paragraphs. 2. Corrected spelling errors (e.g., "ordinance", "indorsement", " Cham- bers" to "Chambers"). 3. Fixed spacing issues (e.g., removed extra spaces, added missing spaces). 4. Rejoined broken sentences. 5. Preserved original line breaks where they match sentence or clause boundaries. 6. Indicated missing words with `...` (not applicable in this case). 7. Did not rephrase or rewrite the text. 8. Formatted the output in HTML using `` tags. Here is the corrected HTML output:
L.D. 1883.
A.D. 1883.
The parties to the Ordinance may give such notice and interest hereof.
The lands so purchased shall be used for the purposes mentioned in the Ordinance.
TRAMWAYS.
No. 2.
Compensation, if the Company does not, within fourteen days after service on it by such party of a notice requiring it to do so, file its præcipe for such writ.
409
75. The plaintiff shall be at liberty to make on the writ of summons and copy thereof a special indorsement, which indorsement may be in the form in the Fifth Schedule to this Ordinance or as near thereto as the circumstances of the case will admit of.
76. (1) After the appearance of the defendant to a writ specially indorsed or in case of non-appearance, the Company may, within seven days after the time limited for appearance, apply by summons in Chambers for a reference to the Registrar to ascertain the amount of such value, compensation, or damage as aforesaid, and thereupon the Judge may make such order as he may think fit.
(2) If the Company does not make such application within the time aforesaid, the other party may, within five days after the expiration of such seven days, make such application.
77. Except as is herein otherwise provided, the practice to be followed in every such action as aforesaid, and the proceedings therein, shall be the same as the practice and proceedings for the time being obtaining in actions 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 action shall be in the discretion of the Court, unless the same or a less sum than has been offered by the Company is directed to be paid by it, in which case each party shall bear his own costs.
78. The purchase money or compensation to be paid for any of the lands mentioned in the said Fourth Schedule and required to be purchased or taken by the Company from any party who, by reason of absence from the Colony, is prevented from treating, or who cannot after diligent inquiry 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 by the Company in any of the cases aforesaid, regard may be had not only to the value of the land to be purchased or taken by the Company, but 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...