1708 ORDINANCE No. 6 OF 1883.
Tramways.
of such intimation (exclusive of the day of service ) such party shall give
notice to the company whether or not he will accept the compensation
that the company are willing to pay.
Compensa 73. If the company or any such party as aforesaid fail to serve the
tion to be
determined said respective notices aforesaid within the respective times aforesaid, or
by suit.
if no agreement be come to between the company and the owners of or
parties by this Ordinance enabled to sell, and assign, or release, any of
the said lands mentioned in the said schedule D. , and taken or required for,
or injuriously affected by the execution of the undertaking, or any interest
in such lands, as to the value of such lands, or of any interest therein , or
as to the compensation to be made in respect thereof, or for any damage
that may be sustained by reason of the execution of the works, the amount
of such value, compensation , or damage shall be determined by a suit to
be instituted in the Court in its original jurisdiction .
Writ to issue. 74. Every such suit shall be commenced by a writ of summons
[ * 3. ] headed Compensation under the Tramway's Ordinance 1882 , * and shall be
issued by the Registrar of the Court on the filing by the company of a
præcipe for the same, or on the filing by the party claiming compensation ,
if the company shall not , within fourteen days after service upon them
by such party of a notice requiring them so to do , file their præcipe for
such writ.
Special 75. The plaintiff shall be at liberty to make upon the writ of
indorsement.
summons and copy thereof a special indorsement, which indorsement may
be in the form shown in schedule E. to this Ordinance , or as near thereto
as the circumstances of the case will admit of.
Application 76. After the appearance of the defendant to a writ specially
for reference.
endorsed, 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 shall think fit. If the company do 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 .
Practice to be 77. Except as is herein otherwise provided, the practice to be
followed .
followed in every such suit as aforesaid , and the proceedings therein , sha! l
be the same as the practice and proceedings for the time being obtaining