672 [ 6 of 1883.) TRAMWAYS .
as last aforesaid was made being fully attained or satisfied, it
shall be lawful for the Court, upon a like application , to order
the money so deposited , or the funds in which the same shall
have been invested, together with the accumulations thereof, to
be re-paid or transferred to the company , or if such objects or
object shall not be fully attainel or satisfied , it shall be lawful
for the Court to order the same to be applied in such manner
as it shall think fit for the benefit of the parties for whose
security the same shall so have been deposited.
Penalty on the 103. If the company or any of their contractors shall , except
company
entering upon as aforesaid , wilfully enter upon and take possession ofany of
lands without the said lands mentioned in the said schedule D., which shall
consent
before pay .
ment of the
be required to be purchased or permanently used for the purpose
purchase. of this ordinance , without such consent as aforesaid, or without
money. having made such payment into Court as aforesaid for the
benefit or security of the parties interested in the lands, the
company shall forfeit to the party in possession of such lands
the sum of fifty dollars, over and above the amount of any
damage done to such lands by reason of such entry and taking
possession as aforesaid , and if the company or their contractors
shall, after conviction in such penalty as aforesaid, continue in
unlawful possession of any such lands,the company shall be
liable to forfeit the sum of one hundred dollars for every day
they or their contractor shall so remain in possession as aforesaid,
such penalty to be recoverable by the party in possession of
such lands, with costs, by a suit to be instituted in the Court in
its original jurisdiction in the same manner as is hereinbefore
provided for in cases of disputed coinpensation. Provided always
that nothing herein contained shall be held to subject the
company to the payment of any such penalties as aforesaid, if
they shall bonâ fide and without collusion have paid the
compensation which shall have been under the provisions of this
ordinance determined to be paid in respect of the said lands to
any person whom the company may have reasonably believed
to be entitled thereto, or shall have paid the same into Court
for the benefit or security of the parties interested in the lands,
although
thereto
such person may not have been legally entitled
.
Proceedings
in case of
104. If in any case in which, according to the provisions of
refusal to this ordinance , the company are authorized to enter upon and
deliver
possession of
take possession of such of the said lands mentioned in the said
lands. 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 one of the