THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
XLV. The Company may demand and take, in respect of any animals, goods, merchandize, minerals or parcels conveyed by them on the Tramways, except as is by this Ordinance specially provided, including the tolls and charges for the use of the Tramways, and for waggous or trucks, and for motive power, and every other expense incidental to such conveyance, any tolls or charges not exceeding the tolls and charges specified in Schedule C. hereto, subject to the regulations therein contained.
XLVI. The said tolls and charges shall be paid to such persons, and at such places and in such manner, as the Company may, by notice annexed to the list of tolls, appoint.
Abandonment of Undertaking.
XLVII. Notwithstanding anything herein contained, it shall and may be lawful for the Company at any time, if they shall not then have, under the power herein contained, sold, assigned or disposed of, or demised their undertaking, or the part or parts thereof proposed to be abandoned, to abandon their undertaking, or any part or parts thereof, and to take up the Tramways, or any or either of them, on giving to the Governor in Council three months' notice of their intention so to do; and if the Company shall abandon the Tramways Nos. 1, 2, 3, 4 and 5, or any, or either of them, they shall, with all convenient speed and in all cases within eight weeks at the most (unless the Surveyor Ge- neral otherwise consents in writing), fill in the ground and make good the surface, and to the reasonable satisfaction of the Surveyor General restore the portion of the road upon which such last-mentioned Tramways, or such of them as shall be abandoned, were laid to as good a con- dition as that in which it was before such Tramways were laid thercon, and clear away surplus paving, or metalling material, or rubbish occasioned by such work, and they shall in the meantime cause the place where the road is opened, or broken up, to be fenced and watched and to be properly lighted at night: Provided always that, if the Company fail to comply with the provisions of this sec- tion, the Surveyor General, if he thinks fit, may himself, at any time after seven days' notice to the Company, remove the Tramways, and do the works necessary for the restor- ation of the road, to the extent provided for in this section, and the expense incurred by the Surveyor General in so doing shall be re-paid to him by the Company.
XLVIII. If the Company shall abandon their under- taking, or any part or parts thereof, under the power herein contained, they shall be at liberty at any time, and from time to time, to sell, assign, and absolutely dispose of such of the abandoned lands, inessuages, engines, carriages, rails, works, conveniences and premises as shall be vested in, or shall belong to them, to such person or persons, Corporation or Company, by public auction or private contract, or partly by publie auction and partly by private contract, for such price or prices, and with, under and subject to such terms and conditions in all respects as the Company shall think fit, with power at any such sale to buy in or rescind any contract for sale, and to re-sell.
Offences.
XLIX. If any person wilfully obstructs any person acting under the authority of the Company in the lawful exercise of any of the powers hereby conferred, or defaces, or destroys, any mark made for the purpose of setting out the line of any Tramway, or damages, or destroys any property of the Company, he shall for every such offence be liable to a penalty not execeding Twenty-five Dollars.
L. If any person without lawful excuse (the proof whereof shall lie on him) wilfully does any of the following things, namely:—
Interferes with, removes, or alters, any part of a Tram-
way, or of the works connected therewith; Places, or throws any stones, dirt, wood, refuse, or
other material on any part of a Tramway; Does, or causes to be done, anything in such manner as to obstruet any carriage using a Tramway, or to endanger the lives of persons therein, or thereon;
Or knowingly aids or assists in the doing of any of
such things;
Tolls for animals, Foods, &c.
Payment o tolls.
Liberty to Company to abandon undertaking,
On abandon- inent, power to sell.
Offences.
Further offeners.
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