the-ordinances-of-the-legislative-counci-1890v3 — Page 351

1634 ORDINANCE No. 1 of 1882 .


Tramways.


or of other the agent or agents, who pay the rents, rates and taxes payable
in respect of the property of such person, or by being affixed upon some
conspicuous part of any lands affected , or intended to be affected , by such
notice, or by being left at the office of the company, as the case may be,
or by being sent by post in a registered letter addressed ( as the case may
be) to the clerk or secretary of such other company at their principal
office, or to such person at his then present, or then last known , place of
abode, or residence, or at his office or business premises, or by being so
sent by post addressed to the ostensible agent or agents of such person ,
or other the agent or agents aforesaid, or to the clerk or secretary of the
company at their principal office .


Miscellaneous.


Tender of 138. If any party shall have committed any irregularity, trespass, or other
amends.
wrongful proceeding in the execution of this Ordinance, or by virtue of any power, or
authority hereby given , and if, before action or suit brought in respect thereof, such
party make tender of sufficient amends to the party injured, such last-mentioned party
shall not recover in any such action or suit, and, if no such tender shall have been
made, it shall be lawful for the defendant, by leave of the Court where such action or
suit shall be pending, at any time, before answer filed, to pay into Court such sum of
money as he shall think fit, and thereupon such proceedings shall be had as in other
cases where defendants are allowed to pay money into Court.

Recovery of 137. All tolls, penalties, rates, and charges made or incurred under or by virtue
tolls, & c.
of this Ordinance shall except where otherwise provided be recovered , levied , and dis
tributed on conviction of the offender before any Magistrate of Police or any two
Justices of the Peace in the manner provided by Ordinance No. 10 of 1844.

By distress. 138. If the amount of the tolls, penalties, rates, or charges, be not forth with paid ,
the amount thereof shall be levied by distress, and any Magistrate shall issue his
warrant of distress accordingly. The said amount shall be levied by distress and sale
of the goods and chattels of the party liable to pay the same, and the overplus arising
from the sale of such goods and chattels, after satisfying the amount due, and the
expenses of the distress and sale, shall be returned on demand to the party whose
goods shall have been distrained.

Distress not un 139. No distress levied by virtue of this Ordinance shall be deemed unlawful,
lawful for want
of form. nor shall any party making the same be deemed a trespasser, on account of any defect
or want of form in the summons, conviction, warrant of distress, or other proceeding
relating thereto, nor shall such party be deemed a trespasser ab initio on account of
any irregularity afterwards committed by him, but all persons aggrieved by such
defect, or irregularity, may recover full satisfaction for the special damage in an action
or suit upon the case.