the-ordinances-of-the-legislative-counci-1890v2 — Page 72

662 ( 6 or 1883. ] TRAMWAYS .


by this ordinance to sell and assign or release the same, or to such
of the said parties as shall, after diligent enquiry, be known to
the company, and by such notice shall demand from such parties
the particulars of their estate and interest in such lands , and of
the claims made by them in respect thereof ; and every such
notice shall state the particulars of the lands so required, and
that the company are willing to treat for the purchase thereof,
and as to the compensation to be made to all parties for the
damage that may be sustained by them by reason of the execu
tion of the works.
Particulars of
claim to be 71. Within twenty -one days after the service of such notice
deliverci .
( exclusive of the day of service ) every party upon whom the
same is served shall give notice to the company stating the
particulars of his claim in respect of any such land and the com
pensation which he is willing to accept for the same.
Company to
state what 72. Within twenty -one days after the service on the com
compensation pany of such last mentioned notice (exclusive of the day of
they will pay. service) the company shall in writing state to the party giving
the same whether or not they will paythe compensation required
by such party, and , if not, then they shall state what compen
sation they are willing to pay to such party, and within twenty
one days after the service on such party by the company of such
intimation (exclusive of the day of service ) such party shall
give notice to the company whether or not he will accept the
compensation that the company are willing to pay.
Compensation
to be deter
73. If the company or any such party as aforesaid fail to
mined by
suit.
serve the said respective notices aforesaid within the respective
times aforesaid, or if no agreement he come to between the
company and the owners of or parties by this ordinance enabled
to sell, and assign, or release, any of the said lands mentioned
in the said schedule D. , and taken or required for, or injuriously
affected by the execution of the undertaking, or any interest in
such lands, as to the value of such lands, or of any interest
therein , or as to the compensation to be made in respect thereof,
or for any damage that may be sustained by reason of the
execution of the works, the amount of such value, compensation ,
or damage shall be determined by a suit to be instituted in the
Court in its original jurisdiction .
Writ to issue.
74. Every such suit shall lie commenced by a writ of sum
mons headed Compensation under the Tramway's Ordinance
[ * 3. 1882 , * and shall be issued by the Registrar of the Court on
the filing by the company of a precipe for the same, or on the
filing by the party claiming compensation, if the company shall
not, within fourteen days after service upon them by such party
of a notice requiring them so to do, file their præcipe for
such writ.