the-ordinances-of-the-legislative-counci-1890v3 — Page 338

ORDINANCE No. 1 OF 1882 . 1621


Tramways.


coverture, infancy, Junacy, or other incapacity of the parties entitled to such moneys ,
such nomination may lawfully be made by their respective husbands, guardians , com
mittees, or trustees ; but such last-mentioned application of the moneys shall not be
made unless the company approve thereof, and of the trustees named for the purpose ;
and the money so paid to such trustees, and the produce arising therefrom, shall be
by such trustees applied in the manner hereinbefore directed with respect to money
paid into the bank, but it shall not be necessary to obtain any order of the Court for
that purpose .

92. If such money shall not exceed the sum of twenty-five dollars, the same Sams not ex
ceeding $25 to be
shall be paid to the parties entitled to the rents and profits of the lauds in respect paid to parties.
whereof the same shall be payable, for their own use and benefit, or in case of the cover
ture, infancy, idiotcy, lunacy, or other incapacity of any such parties, then such money
shall be paid, for their use, to the respective husbands, guardians, committees, or
trustees of such persons .

93. Upon deposit in the bank, in manner hereinbefore provided , of the purchase Upon deposit
being made, the
money or compensation agreed or awarded to be paid in respect of any of the said owners ofthe
lands to assign,
lands mentioned in the said schedule D., and purchased or taken by the company or in default the
lands to vest in
the company by
under the provisions of this Ordinance, the owner of such lands shall, when required deed poll.
so to do by the company, duly assign such lands to the company, or as they shall
direct ; and in default thereof, or if he fail to adduce a good title to such lands to their
satisfaction, it shall be lawful for the company, if they think fit, to execute a deed poll
under their common seal, containing a description of the lands in respect of which
such default shall be made, and reciting the purchase or taking thereof by the company,
and the names of the parties from whom the same were purchased or taken, and the
deposit made in respect thereof, and declaring the fact of such default having been
made, and such deed poll shall be stamped with the stamp duty which would have been
payable upon an assignment to the company of the lands described therein ; and
thereupon all the estate and interest in such lands of, or capable of being sold and
assigned by, the party between whom and the company such agreement shall have
been come to, or as between whom and the company such purchase -money or com
pensation shall have been determined by arbitrators, or an umpire, or by a surveyor
appointed by a Judge in Summary Jurisdiction as herein provided, and shall have
been deposited as aforesaid, shall vest absolutely in the company, and as against such
parties, and all parties on behalf of whom they are hereinbefore enabled to sell and
assign the company shall be entitled to immediate possession of such lands .

94. If the owner of any of the said lands mentioned in the said schedule D. , and Where parties
refuse to assign
purchased or taken by the company, or of any interest therein, on tender of the or do not show
title, or cannot
be found, the
purchase-money or compensation either agreed or awarded to be paid in respect purchase-money
to be deposited.
thereof, refuse to accept the same, or neglect , or fail to make out a title to such lands ,
or to the interest therein claimed by him, to the satisfaction of the company, or if he
refuse to assign or release such lands as directed by the company, or if any such owner