ORDINANCE No. 6 CF 1883 . 1707
Tramways.
and compensation recovered under or by virtue of this section shall be
paid into Court for the benefit of the parties interested .
Purchase of lands otherwise than by agreement.
69. Before it shall be lawful for the company to put in force any of Part of capi
tal to be sub
the powers of this Ordinance in relation to the compulsory taking of land scribed before
compulsory
for the purposes of the undertaking, or open or break up any roads , the powers exer
eised .
-company shall satisfy the Governor in Council that one third part at least
of the capital or estimated sum for defraying the expenses of the under
taking shall have been subscribed under contract binding the parties
thereto, their heirs, executors and administrators , for the payment of the
several sums by them respectively subscribed, and a certificate of the
Governor, published in the Gazette, shall be conclusive evidence that such
amount has been duly subscribed .
70. When the company shall require to purchase or take any of the Notice of
intention to
lands more particularly mentioned and set out in schedule D. to this take lands.
Ordinance, they shall give notice thereof to all the parties interested in
such lands, or to the parties enabled by this Ordinance to sell and assign
or release the same , or to such of the said parties as shall, after diligent
enquiry, be known to the company, and by such notice shall demand from
such parties the particulars of their estate and interest in such lands, and
of the claims made by them in respect thereof ; and every such notice
shall state the particulars of the lands so required, and that the company
are willing to treat for the purchase thereof, and as to the compensation
to be made to all parties for the damage that may be sustained by them
by reason of the execution of the works.
71. Within twenty one days after the service of such notice ( exclusive Particulars of
claim to be
of the day of service ) every party upon whom the same is served shall delivered.
give notice to the company stating the particulars of his claim in respect
of any such land and the compensation which he is willing to accept for
the same.
72. Within twenty one days after the service on the company of Company
state whatto
such last mentioned notice (exclusive of the day of service ) the company compensation
they will pay.
shall in writing state to the party giving the same whether or not they
will pay the compensation required by such party, and, if not, then they
shall state what compensation they are willing to pay to such party , and
within twenty one days after the service on such party by the company