the-ordinances-of-the-legislative-counci-1890v3 — Page 340

ORDINANCE No. 1 OF 1882. 1623


Tramways.


98. In all cases of moneys deposited in the bank under the provisions of this Costs in cases of
money deposited.
Ordinance, except where such moneys shall have been so deposited by reason of the
wilful refusal of any party entitled thereto, to receive the same, or to assign or release
the lands in respect whereof the same shall be payable, or by reason of the wilful neglect
of any party to make out a good title to the land required, it shall be lawful for the
Court, or a Judge in Chambers, to order the costs of the following matters, including
therein all reasonable charges and expenses incident thereto, to be paid by the company
(that is to say) the costs of the purchase or taking of the lands, or which shall have
been incurred in consequence thereof, other than such costs as are herein otherwise
provided for, and the costs of the investment of such moneys by order of the Court, or
Judge, and of the re- investment thereof in the purchase of other lands, and also the
costs of obtaining the proper orders for any of the purposes aforesaid , and of the orders
for the payment of the dividends and interest of the securities upon which such moneys
shall be invested , and for the payment out of Court of the principal of such moneys,
or of the securities whereon the same shall be invested , and of all proceedings relating
thereto, except such as are occasioned by litigation between adverse claimants : Provided
always, that the costs of one application only for re-investment in land shall be allowed ,
unless it shall appear to the Court or Judge that it is for the benefit of the parties
interested in the said moneys that the same should be invested in the purchase of
lands , in different sums and at different times, in which case it shall be lawful for the
Court or Judge to order the costs of any such investments to be paid by the company.


Assignments.

99. Assignments of lands to the company may be in such form as the company Assignments.
may think fit.

100. The costs of all such assignments shall be borne by the company, and such Costs of
assignments.
costs shall include all charges and expenses incurred , on the part as well of the seller
as of the purchaser, of all assignments and assurances of any such lands, and of any
outstanding terms or interests therein, and of deducing, evidencing, and verifying the
title to such lands, terms or interests, and of making out and furnishing such abstracts
and attested copies as the company may require, and all other reasonable expenses
incident to the investigation , deduction and verification of such title .

101. If the company and the party entitled to any such costs shall not agree as Taxation of costs
of assignments.
to the amount thereof, such costs shall be taxed by the Registrar of the Court upon an
order of the Court, to be obtained upon petition in a summary way by either of the
parties ; and the company shall pay what the Registrar shall certify to be due in res
pect of such costs to the party entitled thereto, or in default thereof the same may be
recovered in the same way as any other costs payable under an order of the said Court,
or the same may be recovered by distress in the manner hereinbefore provided in other
cases of costs ; and the expense of taxing such costs shall be borne by the company,
unless upon such taxation one-sixth part ofthe amount of such costs shall be disallowed,