THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.
relating to the discontinuance of Tramways after proof of such discontinuance shall apply, and may be dealt with ac- cordingly. A notice published by the Governor in Council in the Gazette declaring that a Tramway has not been com- pleted and opened for public traffic, or that the construction of the Tramways, or any or either of them, has not been substantially commenced within the time aforesaid, or that such construction has been suspended without sufficient reason, shall be conclusive evidence for the purposes of this section of such non-completion, non-commencement, or suspension.
Licenses to use Tramways.
27. If, at any time after any Tramway, or part of any Tramway, shall have been for three years opened for public traffic, it shall be represented in writing to the Governor in Council by twenty inhabitant rate-payers of the Colony of Hongkong that the public are deprived of the full benefit of any Tramway, or part thereof, the Governor in Council may (if he considers that prima facie the case is one for enquiry) enquire into the matter, and, if satisfied of the truth of the representation, may from time to time grant licenses to any Company or person to use such Tramway in addition to the Company for such traffic as is authorised by this Ordinance, with carriages to be approved of by the Governor in Council, subject to the following provisions, conditions, and restrictions, that is to say:-
(1.) The license shall be for any period not less than one year, nor more than three years from the date of the license, but shall be renewable by the Governor in Council, if he, upon enquiry thinks fit.
(2.) The license shall be to use the whole of such Tramways for the time being opened for public traffic, or such part or parts of such Tramways, as the Governor in Council, having reference to the cause for granting the license, shall think right. (3.) The license shall direct the number of carriages which the licensee or licensees shall run upon such Tramway, and the mode in which, and times at which such carriages shall be run. (4.) The license shall specify the tolls to be paid to the Company, or to their lessees, by the licensee or licensees, for the use of the Tramways. (5.) The licensee or licensees, and their officers or ser- vants shall permit one person duly authorized for that purpose by the Company or by their lessees, to ride free of charge in or upon each carriage of the licensee or licensees run upon the Tramways for the whole or any part of the journey. (6.) The Governor in Council may, at any time after the granting of any license, revoke, alter or modify the same for good cause shown to him. 28. If on demand any licensee fail to pay the tolls due in respect of any passengers carried in any carriage, it shall be lawful for the Company, or their lessees, to whom the same are payable, to detain and sell such carriage, or, if the same shall have been removed from the Tramway, or premises of the Company or such lessees, to detain and sell any other carriages on such Tramway or premises belong- ing to such licensee, and out of the monies arising from such sale to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus (if any) of such monies, and such of the carriages as shall remain unsold, to the person entitled thereto.
29. Every licensee shall, on demand, give to an officer or servant, authorized in that behalf by the Company or their lessees, entitled to be paid tolls by such licensee, an exact account in writing, signed by such licensee, of the number of passengers conveyed by any and every carriage used by him on the Tramways.
30. If such licensee fails to give such account to such officer or servant demanding the same as aforesaid, or if any such licensee with intent to avoid the payment of any tolls gives a false account, he shall, for every such offence, forfeit to the Company, or to their lessees entitled to be paid tolls by such licensee, a sum not exceeding fifty dollars, and such penalty shall be in addition to any tolls payable in respect of the passengers carried by any such carriage.
Licences to third parties
to use Tramways,
Penalty if default made by joensen in payment of tolls.
Licensee to give account of passengers.
Penalty for
not account- ing.
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