the-ordinances-of-the-legislative-counci-1890v3 — Page 435

1718 ORDINANCE No. 6 of 1883 .


Tramways.


thereon at the rate of six 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 until the money so deposited shall be deemed to be, or
shall be deposited in Court for the benefit of the parties interested in such
lands under the provisions herein contained , and the monies so deposited in
Court as in the next preceding section mentioned may, on the application by
petition of the company, be ordered to be invested upon any securities or
investments authorized by the Court or a Judge, and upon the objects or

object for which such deposit as last aforesaid was made being fully attained
or satisfied , 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 accumulations thereof, to be re- paid or trans
ferred to the company, or if such objects or object shall not be fully attained
or satisfied , 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 .
Penalty on the 103. If the company or any of their contractors shall, except as
company
entering upon aforesaid , wilfully enter upon and take possession of any of the said lands
lands without
consent mentioned in the said schedule D. , which shall be required to be purchased
before pay .
ment of the or permanently used for the purpose of this Ordinance, without such con
purchase
money , sent as aforesaid, or without having made such payment into Court as
aforesaid for the benefit or security of the parties interested in the lands,
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 com
pany 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 a suit to be instituted in the Court in its original jurisdic
tion in the same manner as is hereinbefore provided for in cases of disputed
compensation. 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 com

pensation which shall have been under the provisions of this Ordinance
determined to be paid in respect of the said lands to any person whom
the company may have reasonably believed to be entitled thereto , or shall