the-ordinances-of-the-legislative-counci-1890v3 — Page 341

1624 ORDINANCE No. 1 OF 1882 .


Trumways.


in which case the costs of such taxation shall be borne by the party whose costs shall
be so taxed, and the amount thereof shall be ascertained by the Registrar and deducted
by him accordingly in his certificate of such taxation .

Entry on lands.
Payment of 102. The company shall not, except by consent of the owners and occupiers ,
price to be made
previous to enter upon any of the said lands mentioned in the said schedule D. , and which shall
entry, except to
survey, &c.
be required to be purchased or permanently used for the purposes and under the
powers of this Ordinance, until they shall either have paid to every party having any
interest in such lands , or deposited in the bank, in the manner herein mentioned , the
purchase-money or compensation agreed or awarded to be paid to such parties res
pectively for their respective interests therein : Provided always, that for the purpose
merely of surveying such lands, and of setting out the line of the works, it shall be
lawful for the company after giving not less than three nor more than fourteen days'
notice to the owners or occupiers thereof, to enter upon such lands without previous
consent, making compensation for any damage thereby occasioned to the owners or
occupiers thereof.
Company to be 103. Provided also, that, if the company shall be desirous of entering upon and
allowed to enter
on lands before using any of the said lands mentioned in the said schedule D. before an agreement
purchase, on
making deposit
by way of shall have been come to, or an award made for the purchase-money or compensation
security and
giving bond. to be paid by them in respect of such lands, it shall be lawful for the company to
deposit in the bank by way of security, as hereinafter mentioned, either the amount of
purchase- money or compensation claimed by any party interested in, or entitled to sell
and assign, such lands, and who shall not consent to such entry, or such a sum as shall ,
by a surveyor appointed by a Judge in Summary Jurisdiction in the manner herein
before provided in the case of parties who cannot be found, be determined to be the
value of such lands or interest therein which such party is entitled to or enabled to sell
and assign, and also to give to such party a bond, under the common seal of the com
pany, with two sufficient sureties to be approved of by a Magistrate in case the parties
differ in a penal sum equal to the sum so to be deposited , conditioned for payment to
such party, or for deposit in the bank, for the benefit of the parties interested in such
lands, as the case may require, under the provisions herein contained, of all such pur
chase-money or compensation as may in manner hereinbefore provided be determined
to be payable by the company in respect of the lands so entered upon, together with
interest thereon , at a rate of six dollars per centum per annum, from the time of enter
ing on such lands , until such purchase- money or compensation shall be paid to such
party or deposited in the bank for the benefit of the parties interested in such lands
under the provisions herein contained ; and upon such deposit by way of security being
made as aforesaid , and such bond being delivered or tendered to such non- consenting
party as aforesaid, it shall be lawful for the company to enter upon and use such lands ,
without having first paid or deposited the purchase-money or compensation in other
cases required to be paid or deposited by them before entering upon any lands to be
taken by them under the provisions of this Ordinance.