The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 13 Apr 1900, p. 5

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-tIrll--ll-'""'i'"" Dainty in case the company failed to Perform my of the conditions of the contract. Mr. Fay and Mr. Dymond. the Legislature Law Clerk. were ap- Pointed to consider the city'scom- plaint that the penalty clause was not workable. as the courts would only grant the amount of the actual dam- ages. After a few minutes they brought in a clause providing that if the city brought ar-tluu to enforce the agree- ment the court should inquire as to the nature and extent of such contraven-i. tion. and should make such an order as' was deemed necessary to compel com- pliance with the agreement, and if the, contravention continued the company's; officers and servants should be liable} top n. mutt-mm. and the court should, also .rrlwlse a pruoer penalty. l Mr. Hicknell. for the company. said; sum ', provision should come in underl the gr-neral not. while Mr. Fullerton "iii..) plied that thc city wanted ihemediate) veliof. After some further discussion: the rmnmittee adjourned for a week, Mr. kit-knell and Mr. Fullerton to meet, and try and agree on a. clause. l -----._ i

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