CAP. 304]
Form and delivery of notice.
Tender of amends.
Recovery of tolls, etc.
Peak Tramway.
30. With respect to notices, and to the delivery thereof by or to the company, the following provisions shall have effect-
(a) every notice shall be in writing; and
(b) a notice to be delivered by or to the company to or by any other company or person may be delivered by being left at the office of such other company or person, or at the then present or then last-known place of abode or residence of such person, or of his ostensible agent, or of the other agent who pays the rents, rates, and taxes payable in respect of the property of such person, or by being affixed on some conspicuous part of any lands affected or intended to be affected by such notice, or by being left at the office of the company, as the case may be, or by being sent by post in a registered letter addressed, as the case may be, to the clerk or secretary of such other company at its principal office, or to such person at his then present or then last-known place of abode or residence or at his office or business premises, or by being so sent by post addressed to the ostensible agent or agents of such person, or the other agent or agents aforesaid, or to the clerk or secretary of the company at its principal office.
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31. (1) If any party has committed any irregularity, trespass or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action.
(2) If no such tender has been made, it shall be lawful for the defendant, by leave of the court wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court.
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32. Any toll, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be recovered before a magistrate.
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300
Page 10
Page 11
CAP. 304]
Form and delivery of notice.
Tender of amends.
Recovery of tolls, etc.
Peak Tramway.
30. With respect to notices, and to the delivery thereof by or to the company, the following provisions shall have effect-
(a) every notice shall be in writing; and
(b) a notice to be delivered by or to the company to or by any other company or person may be delivered by being left at the office of such other company or person, or at the then present or then last-known place of abode or residence of such person, or of his ostensible agent, or of other the agent who pays the rents, rates, and taxes payable in respect of the property of such person, or by being affixed on some conspicuous part of any lands affected or intended to be affected by such notice, or by being left at the office of the company, as the case may be, or by being sent by post in a registered letter addressed, as the case may be, to the clerk or secretary of such other company at its principal office, or to such per- son at his then present or then last-known place of abode or residence or at his office or business premises, or by being so sent by post addressed to the ostensible agent or agents of such person, or other the agent or agents aforesaid, or to the clerk or secretary of the company at its principal office.
[32
31. (1) If any party has committed any irregularity, trespass or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action.
(2) If no such tender has been made, it shall be lawful for the defendant, by leave of the court wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court.
[33
32. Any toll, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be recovered before a magistrate.
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300
Page 10Page 11
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