490
The Hongkong government gaZETTE, 18TH JUNE, 1881.
Powere vested in any body or person to open or break up roads subject to restrictions.
Reference of difference.
Carriages to have wheels suitable to run on rails.
proceeds of such sale, pay and reimburse the Government the amount of the costs and of the cost of sale, and the balance (if any) of the proceeds of the sale shall be paid over to the Company.
XII. Nothing in this Ordinance shall take away or abridge any power to open or break up any road along or across which any Tramway is laid, or any other power vested in any Company, body or person for any of the pur- poses for which such is or may be constituted, but in the exercise of such power every such Company, body or person shall be subject to the following restrictions; (that is to say),-
1st. They shall cause as little detriment or inconveni- ence to the Company as circumstances admit. 2nd. Before they commence any work whereby the traffic on the Tramway will be interrupted, they shall (except in cases of urgency, in which case notice as hereinafter mentioned shall be given within eighteen hours after commencing such work) give notice of their intention to commence such work, specifying the time at which they will begin to do so, such notice to be given 18 hours at least before the commencement of the work. 3rd. They shall not be liable to pay to the Company any compensation for injury done to the Tramway by the execution of such work, or for loss of traffic occasioned thereby, or for the reasonable exercise of the powers so vested in them. 4th. Whenever, for the purpose of enabling them to execute such work, such Company, body or person shall so require, the Company shall either stop traffic on that portion of the Tramway to which the notice shall refer, where it would otherwise interfere with such work, or shore up and secure the same at their own risk and cost during the execution of the work there: Provided that such work shall always be completed by such Company body or person, as the case may be, with all rea- sonable expedition.
5th. Any Company, body or person shall not execute such work so far as it immediately affects the Tramway, except under the superintendence of the Company, unless the Company refuse or neglect to give such superintendence at the time specified in the notice for the commencement of the work, or discontinue the same during the progress of the work;
and they shall execute such work at their own expense, and to the reasonable satisfaction of the Company.
XIII. If any difference arises between the Company, on the one hand, and the Surveyor General or any Company, body or person to whom any pipes, sewer, drain, tube, wires, or apparatus for telegraphic or other purposes may belong, on the other hand, with respect to any interference or control exercised or claimed to be exercised by them or him, 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 the Surveyor General, Company, body or 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 Surveyor General, Company, body 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 by this Ordinance) be settled by an engineer or other fit person nominated as referee by the Governor, on the application of either party, and the expenses of the reference shall be borne and paid as the referee directs.
Carriages.
on their Tramways XIV. The Company may use carriages with flange wheels, or wheels suitable only to run on the rail prescribed by this Ordinance, and subject to this Ordinance, the Company shall have the exclusive use of their Tramways for carriages with flange wheels,