1901_TRAMWAYS_ORDINANCE__1883 — Page 37

D. 1883.

A.D. 1883.

TRAMWAYS.

[No. 2.

419

except as provided by this Ordinance, such payments shall be made by the parties to the arbitration, and the costs of the reference and award, and the costs occasioned by the entry and inspection of the land, shall be in the discretion of the arbitrators, who may direct to and by whom and in what manner the same are to be paid, and may tax or settle the amount of such costs.

104. All costs payable under an order of the Court shall be paid and retained by the Company from the compensation, if any, then payable by it to such party, or, if no such compensation is payable to such party or if the same is 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 Court.

105. No party shall at any time be required to sell or assign to the Company a part only of any house or other building or manufactory, if such party is willing and able to sell and assign the whole thereof.

Lands in Mortgage.

106.--(1.) It shall be lawful for the Company to purchase or redeem the interest of the mortgagee of any of the lands mentioned in the said Fourth Schedule which may be required for the purposes of this Ordinance, and that whether it has previously purchased the equity of redemption of such lands or not, and whether the mortgagee thereof is entitled thereto in his own right or in trust for any other party, and whether he is in possession of such lands by virtue of such mortgage or not, and whether such mortgage affects such lands solely or jointly with any other lands not required for the purposes of this Ordinance.

(2.) 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 charges, if any, and also one month's additional interest, and thereupon such mortgagee shall immediately assign his interest in the lands comprised in such mortgage to the Company or as it may direct, or the Company may give notice in writing to such mortgagee that it will pay off the principal and interest due on such mortgage at the end of one month, computed from the day of giving such notice; and if the Company has given any such notice, or if the party entitled to the equity of redemption of any such lands has given notice of his intention to redeem the same, then, at the expiration of either of such notices or at any intermediate period, on payment or tender by the Company to the mortgagee of the principal money due on such mortgage and the interest which would become due at the end of one month from the time of giving either of such notices, together with his costs and expenses, if any, such mortgagee shall assign or release his interest in the lands comprised in such mortgage to the Company or as it may direct.

Parties not to be required to sell part of house.

Power to Company to purchase or redeem mortgage.

Court of mortgage money on refusal to accept it.

107. If, in either of the cases aforesaid, on such payment or tender, any mortgagee fails to assign or release his interest in such mortgage as directed by the Company, or if he fails to adduce a good title thereto to its satisfaction, or if he is absent from the Colony, whether temporarily or permanently, or in hiding, or cannot after diligent inquiry be found, then it...

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