the-ordinances-of-the-legislative-counci-1890v3 — Page 331

1614 ORDINANCE No. 1 oF 1882 .


Tramways.

women, whether they be of full age or not, as if they were sole, and of full age, and as
to such guardians on behalf of their wards, and as to such committees on behalf of the
lunatics and idiots of whom they are the committees respectively, and that to the same
extent as such wives, wards, lunatics and idiots, respectively, could have exercised the
same power under the authority of this Ordinance, if they had respectively been under
no disability, and as to such trustees, executors and administrators, on behalf of their
cestuique trusts, whether infants , issue unborn, lunatics, femes covert, or other persons,
and that to the same extent as such cestuique trusts respectively could have exercised
the same powers under the authority of this Ordinance if they had respectively been
under no disability .
Parties under 58. The power to release lands from any rent-charge, or incumbrance, and to
disability to
exercise other agree for the apportionment of any such rent-charge or incumbrance shall extend to,
powers.
and may lawfully be exercised by, every party herein before enabled to sell and assign ,
or release, lands to the company.

Compensation 59. The purchase-money, or compensation, to be paid for any lands to be pur
where parties
are under dis
ability. chased or taken from any party under any disability, or incapacity, and not having
power to sell or assign such lands except under the provisions of this Ordinance, and
the compensation to be paid for any permanent damage or injury to any such lands,
shall not, except where the same shall have been determined by arbitration, or by the
valuation of a surveyor appointed by a Judge in Summary Jurisdiction under the
provisions hereinafter contained, be less than shall be determined by the valuation of
two able practical surveyors, one of whom shall be nominated by the company and the
other by the other party , and if such two surveyors cannot agree in the valuation, then
by such third surveyor as a Judge in Summary Jurisdiction shall upon application of
either party, after notice to the other party , for that purpose, nominate ; and each of
such two surveyors , if they agree, or, if not, then the surveyor nominated by the said
Judge in Summary Jurisdiction shall annex to the valuation a declaration in writing,
subscribed by them or him, of the correctness thereof ; and all such purchase-money
or compensation shall be deposited in the bank for the benefit of the parties interested ,
in manner hereinafter mentioned.

Purchase of lands otherwise than by agreement.

Notice of inten 60. When the company shall require to purchase or take any of the lands more
tion to take
lands.
particularly mentioned and set out in schedule D. to this Ordinance they shall give
notice thereof to all the parties interested in such lands, or to the parties enabled by
this Ordinance to sell and assign or release the same, or such of the said parties as
shall , after diligent inquiry, be known to the company, and by such notice sball 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 parti
culars 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 execution of the works.