A.D. 1883.]
TRAMWAYS.
[No. 2.
413
titled to
r respec-
Last-men- he Com-
se.
e arising einbefore
1 not be
i dollars, profits of use and
other in- for their astees of
ich may erfering who is tracted * Court
Court
t of any for any it shall urt in a me shall
Court or
1 money 'om the thereto
he pur- respect
d pur- linance, by this
o do so
it may
(2.) In default thereof or if he fails to adduce a good title to such lands to its satisfaction, it shall be lawful for the Company, if it thinks fit, to prepare a deed of conveyance, assignment, or assurance of such lands to itself, containing a description of the lands in respect of which such default has been made, and reciting the purchase or taking thereof by the Company, and the names of the parties from whom the same were purchased or taken, and the payment made in respect thereof, and declaring the fact of such default having been made, and to tender such deed, after the same has been stamped with the stamp duty which would have been payable on an assignment to the Company of the lands described therein, to the Registrar for execution on behalf of the owner and other, if any, the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained on petition in a summary way, execute the same, and all the estate and interest in such lands of, or capable of being sold and assigned by, the party between whom and the Company such agreement has been come to, or as between whom and the Company such purchase money or compensation has been determined as herein provided, and has been paid as aforesaid, shall vest absolutely in the Company, and as against such parties, and all parties on behalf of whom it is hereinbefore enabled to sell and assign, the Company shall be entitled to immediate possession of such lands.
Court where to assign, or title, or can- not be found.
partics refuse
do not show
92. If the owner of any of the lands mentioned in the said Fourth Payment into Schedule and purchased or taken by the Company, or of any interest therein, on tender of the purchase money or compensation which has been determined in manner aforesaid to be payable in respect thereof, refuses to accept the same, or neglects or fails to make out a title to such lands or to the interest therein claimed by him, to the satisfaction of the Company, or if he refuses to assign or release such lands as directed by the Company, or if he is absent from the Colony, or cannot after diligent inquiry be found, or fails to appear on the inquiry herein provided for, it shall be lawful for the Company to pay the purchase money or compensation payable in respect of such lands, or any interest therein, into Court, subject to the control and disposition of the Court.
lands on pay- ment into
Court being made, and
executed.
93. On any such payment into Court as last aforesaid being made, Vesting of it shall be lawful for the Company, if it thinks fit, to prepare a deed of conveyance, assignment, or assurance of the last-mentioned lands to itself, containing a description of the lands in respect whereof such payment deed being has been made and declaring the circumstances under which such payment has been made, and to tender such deed, after the same has been stamped with the stamp duty which would have been payable on an assignment to the Company of the lands described therein, to the
D. 1883.
A.D. 1883.]
TRAMWAYS.
[No. 2.
413
titled to
r respec-
Last-men- he Com-
se.
e arising einbefore
1 not be
i dollars, profits of use and
other in- for their astees of
ich may erfering who is tracted * Court
Court
t of any for any it shall urt in a me shall
Court or
1 money 'om the thereto
he pur- respect
d pur- linance, by this
o do so
it may
(2.) In default thereof or if he fails to adduce a good title to such lands to its satisfaction, it shall be lawful for the Company, if it thinks fit, to prepare a deed of conveyance, assignment, or assurance of such lands to itself, containing a description of the lands in respect of which such default has been made, and reciting the purchase or taking thereof by the Company, and the names of the parties from whom the same were purchased or taken, and the payment made in respect thereof, and declaring the fact of such default having been made, and to tender such deed, after the same has been stamped with the stamp duty which would have been payable on an assignment to the Company of the lands described therein, to the Registrar for execution on behalf of the owner and other, if any, the conveying, assigning, or assuring parties, and thereupon the Registrar shall, upon an order of the Court to be obtained on petition in a summary way, execute the same, and all the estate and interest in such lands of, or capable of being sold and assigned by, the party between whom and the Company such agreement has been come to, or as between whom and the Company such purchase money or compensation has been determined as herein provided, and has been paid as aforesaid, shall vest absolutely in the Company, and as against such parties, and all parties on behalf of whom it is hereinbefore enabled to sell and assign, the Company shall be entitled to immediate possession of such lands.
Court where to assign, or title, or can- not be found.
partics refuse
do not show
92. If the owner of any of the lands mentioned in the said Fourth Payment into Schedule and purchased or taken by the Company, or of any interest therein, on tender of the purchase money or compensation which has been determined in manner aforesaid to be payable in respect thereof, refuses to accept the same, or neglects or fails to make out a title to such lands or to the interest therein claimed by him, to the satisfaction of the Company, or if he refuses to assign or release such lands as directed by the Company, or if he is absent from the Colony, or cannot after diligent inquiry be found, or fails to appear on the inquiry herein provided for, it shall be lawful for the Company to pay the purchase money or com- pensation payable in respect of such lands, or any interest therein, into Court, subject to the control and disposition of the Court.
lands on pay- ment into
Court being made, and
executed.
93. On any such payment into Court as last aforesaid being made, Vesting of it shall be lawful for the Company, if it thinks fit, to prepare a deed of conveyance, assignment, or assurance of the last-mentioned lands to itself, containing a description of the lands in respect whereof such payment deed being has been made and declaring the circumstances under which such pay- ment has been made, and to tender such deed, after the same has been stamped with the stamp duty which would have been payable on an assignment to the Company of the lands described therein, to the
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