954
THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
Penalty if
default made
by licensee in
payment of tolls.
Licensee to give account of passengers.
Penalty for not account- ing.
Disputes as to tolls to be settlerk ly Magistrate.
Licensee liable for damage.
Discontinu-
ance of
Tramways by the Company.
(3.) The license shall direct the number of carriage s 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. 27. 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.
28. 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.
29. 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.
30. If any dispute arise concerning the amount of the tolls due to the "Company, or to their lessees, from any licensee, or concerning the charges occasioned by any de- tention or sale of any carriage under the provisions herein contained, the same shall be settled by summary procedure before a Magistrate in the manner hereinafter provided for the recovery of unpaid tolls, penalties, and forfeitures, and it shall be lawful for the Company, or their lessees, in the meanwhile to detain the carriage or (if the case so require) the proceeds of the sale thereof.
31. Every licensee shall be answerable for any trespass or damage done by his carriages, or horses, or by any of the servants or persons employed by him to or upon the Tramway, or to or upon the property of any other person, and, without prejudice to the right of action against the licensee, or any other person, every such servant, or other person, may lawfully be convicted of such trespass or da- mage before a Magistrate, either by the confession of the party offending, or by the oath of some credible witness; And upon such conviction every such licensee shall pay to the Company, lessees, or persons injured, as the case may be, the damage, to be ascertained by such Magistrate so that the same do not exceed two hundred and fifty dollars.
Discontinuance of Tramways.
32. If, at any time after the opening of any Tramway for traffic, the Company descontinue the working of such Tramway, or of any part thereof, for the space of six months (such discontinuance not being occasioned by circumstances beyond the control of the Company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control) and such discontinuance is proved to the satisfaction of the Governor in Council, the Governor in Council may by order declare that the powers of the Company in respect of such Tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the Company shall cease and determine, unless the same are purchased, or leased, or mortgaged, in manner