the-ordinances-of-the-legislative-counci-1890v3 — Page 434

ORDINANCE No. 6 or 1883. 1717


Tramways.


sufficient sureties to be approved of by such Court or Judge in case the
parties differ , in a penal sum equal to the sum so to be deposited , condi
tioned for payment to such party , or for payment into Court , for the benefit

ofthe parties interested in such lands , as the case may require , under the
provisions herein contained , of all such purchase-money or compensation as
may in manner hereinbefore provided be determined to be payable by the
company in respect ofthe lands so entered upon, together with interest there

on, at the rate ofsix dollars per centum per annum, from the time of entering
on such lands until such purchase- money or compensation shall be paid
to such party or into Court for the benefit of the parties interested in such
lands under the provisions herein contained ; and upon such payment 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
the purchase-money or compensation in other cases required to be paid
by them before entering upon any lands to be taken by them under the

provisions of this Ordinance. Provided always that , if it shall be shown
to the satisfaction of the Court or a Judge that such non - consenting party
as aforesaid be absent fromthe Colony, whether temporarily or permanently,
or in hiding, or cannot after diligent enquiry be found , then such Court
or Judge may order such bond as aforesaid to be dispensed with, and
may authorized the company to enter upon and use any of the said lands
mentioned in the said schedule D. after first paying into Court by way

of security either the amount of purchase-money or compensation claimed
by such non-consenting party, or such a sum as shall by such Court or
Judge be determined upon petition in a summary way to be the value
of such lands or interest therein which such non-consenting party is

entitled to or enabled to sell or assign .

102. The money so paid into Court as last aforesaid shall remain Monies to
remain as a
in Court by way of security to the parties whose lands shall so have been security, and
to be applied
entered upon, for the performance of the condition of the bond to be given under the
direction of
by the company as hereinbefore mentioned, or where such bond has been the Court.
dispensed with as aforesaid , for the payment to the parties whose lands
shall so have been entered upon , or for deposit in Court for the benefit
of the parties interested in such lands , as the case may require, under the
provisions herein contained , of all such purchase -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