the-ordinances-of-the-legislative-counci-1890v3 — Page 342

ORDINANCE No. 1 OF 1882 . 1625


Tramways .


104. The money so to be deposited as last aforesaid shall be paid into the bank to Upon deposit
being made.
cashier to give
be placed to the account of the Registrar of the Court to the credit of the parties interested receipt.
in, or entitled to sell and assign, the lands so to be entered upon, and who shall not have
consented to such entry, subject to the control and disposition of the Court ; and upon
such deposit being made, the cashier of the bank shall give to the company, or to the
party paying in such money by their direction a receipt for such money, specifying
therein for what purpose, and to whose credit, the same shall have been paid in.

105. The money so deposited as last aforesaid shall remain in the bank by way of Deposit to
remain as a
security, and to
security to the parties whose lands shall so have been entered upon, for the performanc be applied under
the direction
of the condition of the bond to be given by the company as hereinbefore mentioned , and of the Court.
the same may, on the application by petition of the company, be ordered to be invested
upon any of the securities and investments mentioned in section 90 of this Ordinance
and accumulated ; and upon the condition of such bond being fully performed, it shall be
lawful for the Court, upon a like application, to order the money so deposited, or the
funds in which the same shall have been invested, together with the accumulation thereof,
to be re-paid or transferred to the company, or if such condition shall not be fully per
formed, it shall be lawful for the Court to order the same to be applied in such manner
as it shall think fit for the benefit of the parties for whose security the same shall so
have been deposited .

106. If the company or any of their contractors shall, except as aforesaid , wilfully Penalty on the
company
entering upon
enter upon and take possession of any of the said lands mentioned in the said schedule lands without
consent before
D., which shall be required to be purchased or permanently used for the purpose of this payment of the
purchase-morey.
Ordinance, without such consent as aforesaid , or without having made such payment for
the benefit of the parties interested in the lands, or such deposit by way of security as
aforesaid, the company shall forfeit to the party in possession of such lands the sum of
fifty dollars, over and above the amount of any damage done to such lands by reason of
such entry and taking possession as aforesaid, and if the company or their contractors
shall, after conviction in such penalty as aforesaid , continue in unlawful possession of any
such lands, the company shall be liable to forfeit the sum of one hundred dollars for
every day they or their contractor shall so remain in possession as aforesaid, such penalty
to be recoverable by the party in possession of such lands, with costs, by action or suit
in the Court Provided always, that nothing herein contained shall be held to subject
the company to the payment of any such penalties as aforesaid, if they shall bonâ fide
and without collusion have paid the compensation agreed or awarded to be paid in respect
of the said lands to any person whom th company may have reasonably believed to be
entitled thereto , or shall have deposited the same in the bank for the benefit of the parties
interested in the lands, or made such deposit by way of security in respect thereof as
herein before mentioned, although such person may not have been legally entitled thereto.
107. On the trial of any action or suit for any such penalty as aforesaid , the decision Decision of
Judge in Sum
mary Jurisdic
of the Judge in Summary Jurisdiction under the provision hereinbefore contained shall tion not conclu
sive as to the
not be held conclusive as to the right of entry on any such lands by the company. right of entry of
the company .