498

THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.

Difference between

Company and others (other than the

Surveyor

General

Differences between

Company aud

Surveyor General

Tramways not

cthe chɔer cd until certified.

Cesser of

powers in

certain events.

ately affects the Tramways, except under the superintendence of the Company, unless the Com- pany do not give such superintendence at the time specified in the notice for the commencement of the work, or permanently discontinue the same during the progress of the work, and they or he shall execute such work at their or his own expense and to the reasonable satisfaction of the Company.

23. If any difference arises between the Company on the one hand, and any other Company or person (other than the Surveyor General) to whom any sewer, drain, tube, wires or apparatus for telegraphic or other purposes may belong on the other hand, with respect to any inter- ference or control exercised, or claimed to be exercised by such other Company, or such person, or on their, or his behalf, or by the Company, by virtue of this Ordinance, in relation to any Tramway or work, or in relation to any work or proceeding of such other Company, or such person, or with respect to the propriety of, or the mode of execution of any work relating to any Tramway, or with respect to the amount of any compensation to be made by or to the Company, or on the question whether any work is such as ought reasonably to satisfy. the Company, or person concerned, or with respect to any other subject or thing regulated by, or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by the Governor in Council, on the application of either party, and the Governor in Council may direct that any expenses thereby incurred shall be paid by either of the parties.

24. If any difference arises between the Company on the one hand, and the Surveyor General on the other hand, with respect to any interference or control exercised, or claimed to be exercised by the Company, or the Surveyor General, by virtue of this Ordinance in relation to any Tramway or work, or in relation to any work or proceeding of the Surveyor General, or with respect to the propriety of, or the mode of execution of any work relating to any Tramway, or with respect to the cost of the maintenance or repair of any road along or across which any Tramway passes, or with respect to the amount of any compensation to be made by or to the Company, or on the question whether any work is such as ought to satisfy the Surveyor General, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by the Governor in Council on the application of either party.

25. None of the said Tramways shall be opened for public traffic until the same has been certified to be fit for such traffic by the Surveyor General or other officer duly appointed in writing for that purpose by the Governor in Council, and the Governor in Council has, by notification in the Gazette, authorised the same to be opened for such traffic.

Cesser of powers in certain events,

26. 1f the Company do not, within three years after the time at which they might, under this Ordinance, have commenced the construction of any one or more of the Tramways hereby authorised, and complete, and open the same for public traffic, or

If within one year after the time aforesaid, the con- struction of any one or more of such Tramways, is not, in the opinion of the Governor in Council, substantially commenced, or

If the construction of any one or more of such Tram- ways that has or have been commenced, is suspended without a reason sufficient, in the opinion of the Governor in Council, to warrant such suspension, the powers hereby given to the Company for constructing such Tramways, so not completed or commenced, or so sus- pended as aforesaid, or otherwise in relation thereto, shall cease to be exercised, unless the time be prolonged by the Governor in Council, and, as to so much of each or any of such Tramways as is then completed, the Governor in Council may allow the said powers to continue and to be exercised if he shall think fit, but failing such permission the same shall cease to be exercised, and where such per- mission is withheld then so much of the said Tramways respectively as is then completed shall be deemed to be a Tramway to which all the provisions of this Ordinance

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