1901_TRAMWAYS_ORDINANCE__1883 — Page 35

.D. 1883.

A.D. 1883.1

yners and

id Fourth ntly used ntil it has or paid

y or com- respective

ly of sur- shall be more than

iter upon

for any

of enter- rth Sche-

noney or been de-

upany to

money I to sell ¡¡or such way, be ich such

give or ompany, th Judge so to be ent into

the case purchase ided, be lands so dollars ds until or into

ader the

oresaid, g party

and use

npensa-

TRAMWAYS.

[No. 2.

tion in other cases required to be paid by it before entering upon any lands to be taken by it under the provisions of this Ordinance: Provid- ed always that, if it is shown, to the satisfaction of the Court or a Judge, that such non-consenting party as aforesaid is absent from the Colony, whether temporarily or permanently, or in hiding, or cannot after diligent inquiry be found, then the Court or such Judge may order such bond as aforesaid to be dispensed with, and may authorize the Company to enter upon and use any of the lands mentioned in the said Fourth Schedule, after first paying into Court by way of security either the amount of purchase money or compensation claimed by such non-con- senting party, or such a sum as shall by the Court or such Judge be determ- ined, upon petition in a summary way, to be the value of such lands or interest therein which such non-consenting party is entitled to or enabled to sell or assign.

Court to

417

remain as to be applied under direc- Court.

security, aml

tion of the

102.-(1.) The money so paid into Court as last aforesaid shall Money so remain in Court by way of security to the parties whose lands have paid into so been entered upon, for the performance of the condition of the bond to be given by the Company as hereinbefore mentioned, or, where such bond has been dispensed with as aforesaid, for the payment to the parties whose lands have so been entered upon, or for deposit in Court for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained, of all such pur- chase money or compensation as may, in manner hereinbefore provided, be determined to bo payable by the Company in respect of the lands so entered upon, together with interest thereon at the rate of six dollars per centum per annum from the time of entering upon such lands until such purchase money or compensation is paid to such party, or until the money so deposited is deemed to be or is deposited in Court for the benefit of the parties interested in such lands under the provisions herein contained.

(2.) The money so deposited in Court as mentioned in the last preced- ing section may, on the application by petition of the Company, be ordered to be invested upon any securities or investments authorized by the Court or a Judge, and, on the objects or object for which such deposit as last aforesaid was mado being fully attained or satisfied, it shall be lawful for the Court, on a like application, to order the money so deposited, or the funds in which the same has been invested, to- gether with the accumulations thereof, to be re-paid or transferred to the Company, or, if such objects or object are or is fully attained or satisfied, it shall be lawful for the Court to order the same to be ap- plied in such manner as it may think fit for the benefit of the parties for whose security the same has been so deposited.

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