the-ordinances-of-the-legislative-counci-1890v3 — Page 444

ORDINANCE No. 24 OF 1882 . 1727


Tramways .


best evidence thereof in his power ; and if after demand made in writing
by the company , such lease, or such best evidence thereof, be not produced

within twenty-one days, the party so claiming compensation shall be
considered as a tenant holding only from year to year, and be entitled to
compensation accordingly.

Limit of compulsory powers.

121. The powers of the company for the compulsory purchase or Limit of time
for compul
taking of lands for the purposes of this Ordinance shall not be exercised sory purchase.
after the expiration of three years from the coming into operation of this
Ordinance.

Interests omitted to be purchased.

122. If at any time after the company shall have entered upon any Company
empowered to
lands which, under the provisions of this Ordinance, they were authorized purchase
interests in
to purchase, and which shall be permanently required for the purposes of lands, the
purchase
this Ordinance , any party shall appear to be entitled to any estate, right , whereof may
have been
or interest in , or charge affecting , such lands which the company shall , omitted by
through mistake or inadvertence, have failed or omitted duly to purchase, mistake.
or to pay compensation for, then whether the period allowed for the
purchase of lands shall have expired or not, the company shall remain in
the undisturbed possession of such lands , provided within three months
after notice of such estate, right, interest, or charge, in case the same

shall not be disputed by the company, or in case the same shall be
disputed then within three months after the right thereto shall have been
finally established by law in favour of the party claiming the same, the
company shall purchase or pay compensation for the same, and shall also
pay to such party, or to any other party who may establish a right
thereto, full compensation for the mesne profits or interest which would

have accrued to such parties respectively in respect thereof during the
interval between the entry of the company thereon and the time of the
payment of such purchase-money or compensation by the company, so far
as such mesne profits or interest may be recoverable in law or equity ;
and such purchase-money or compensation shall be agreed on , or
determined, and paid in like manner as according to the provisions of this
Ordinance the same respectively would have been agreed on , or determined
and paid, in case the company had purchased such estate, right, interest,
or charge before their entering upon such land, or as near thereto as
circumstances will admit.