ORDINANCE No. 6 or 1883. 1719
Tramways.
have paid the same into Court for the benefit or security of the parties
interested in the lands, although such person may not have been legally
entitled thereto .
104. Ifin any case in which, according to the provisions of this Ordi Proceedings
in case of
nance, the company are authorized to enter upon and take possession of refusal to
deliver
such of the said lands mentioned in the said schedule D. as are required for possession of
lands.
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 bailiffs of
the Court to deliver possession ofthe same to the person appointed in such
warrant to receive the same, and upon the receipt ofsuch warrant such bailiff
shall deliver possession of any such lands accordingly, and the costs accruing
by reason of the issuing and execution of such warrant, to be settled by
the Registrar, shall be paid by the person refusing to give possession , and
the amount of such costs shall be deducted and retained by the company
from the compensation, if any, then payable by them to such party, or if
no such compensation be payable to such party , or if the same be less
than the amount of such costs , then such costs, or the excess thereof
beyond such compensation , if not paid on demand, shall be recovered in
the same way as any other costs payable under an order of the said Court.
105. No party shall at any time be required to sell or assign to the Parties not to
be required to
company a part only of any house or other building or manufactory, if sellpart of a
house.
such party be willing and able to sell and assign the whole thereof.
Lands in mortgage.
106. It shall be lawful for the company to purchase or redeem the Powerto
redeem
interest of the mortgagee of any of the said lands mentioned in the said mortgages.
schedule D., which may be required for the purposes of this Ordinance ,
and that whether they shall have previously purchased the equity of
redemption of such lands or not, and whether the mortgagee thereof be
entitled thereto in his own right, or in trust for any other party, and
whether he be in possession of such lands by virtue of such mortgage or
not, and whether such mortgage affect such lands solely, or jointly with
any other lands not required for the purposes of this Ordinance , and in
order thereto the company may pay or tender to such mortgagee the
principal and interest due on such mortgage, together with his costs and