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MUNICIPAL LAW
80
from the tiiuf wlicii the caiiHe of action uroHe or l)ooaiiio known to tlie
claimant. This limitation does not apply to real propcu-ty taken or used
V>y a inunicij)ality.
1179. Lands for Public Works. When tlu; Council oi' a city or
town is desirous of enterinu' upon any puMic work in which private land
will be taken or injuriously afi'ected, the Council may tile plans ov copies
of })lans of .such undcrtakino; with the Clerk of the .Municipality, who .shall,
on receivini: the same, issue a notice settiiiir forth the C'ouncil's intention,
and that such plans and specifications may be inspccte<l at his office, and
that all claims for dama<ie bv reason of such undertakinii' nnist be filed
with him within sixty days from the service of such notice. He must
cause such notice to be .served upon the owners, oecui)ierH or other persons
intereste(l in the real estate affected by the said undertaking, and all claims
for damajjes which are not filed within sixty days from tl;e service of such
notice will Ije barre<l.
Ifaper.sonso served is at the time of si'i\ ice a I'es'dent outside of
Ontario he has thirty days aihlitional within which to file his claim, unless
upon application to the .lud<i;e of the County Court, and upon jj^ivino' the
said Council at least .seven <\i\y»' notice of such ;ip|)lieiitioii, such Judy-e
may allow the claim to be made.
Either party may appeal from (he decision of (lie .Judj;t' to (lie
Divisional Coui't of the Hiyh Court of .Justice.
Till' lapse of one year, however, from the srrvice of such notice, the
claim is absolutely barrt-fl and ( xtinguished.
1880. Particulars of Claim. The person making a claim must deliver
full particulars of the danuv^es foi- which such claim is made. The arbi-
trators have the same power to amend such claim or particulars or any
proceedinj^s taken upon th.' hearinij thereof that a judge would have in
an action. They may also, upon their discretion refuse to hear, on any
question, fiu'tln'r evidence of a cumulative character
Insufficient particular- wouid not bar a claim for damaj^e.s.
$81. Proxy for Unknown Claimant. In ease there is no one to
act in res|)ect to such real pro|)erty that can be found, then the Judge of
the County Cotnl may, upon application of the Council, ap])oint a person
to act for such purpose.
liH'i. Application of Purchase Money in such ease as mentioned in
previous section will be as follows: Inti'rest at percent, to be paid to the
per.son so actino- foi- the estate, and the principal retaineil until the rightfid
per.son entitled to it shall execiite a valid ac(|uittance therefor: unless the
High Court or a Jmlge of the High Court orders the Council to pay the
same to a j)er.son or into court. The (\tuncil are not bmnid to see to the
api)lication of either such interest or sums jiaid under the direction of the
court.
:W;t. Encumbrances Upon Expropriated Lands. Any person
having any claim upon such lands taken by the nunnci|)ality will have a
like claim against the money compensations as he had against the laml.