598
THE HONGKONG GOVERNMENT GAZETTE, 16TH JULY, 1881.
Temporary Tramways
may be made when necessary.
Application of
road materials excavated in construction of Promoters' works.
Ronds to be repaired at expense of Government.
Tramways not to be opened until certified.
Carriages of Tramways Nos. 1, 2, 3 and
4 may be moved by
animal, steam, or mechanical power.
any
XVIII. Where, by reason of the execution of any work road along which any of affecting the surface or soil of the Tramways are laid, it is in the opinion of the Road Authority necessary or expedient temporarily to remove or discontinue the use of such Tramway or any part thereof, the Promoters may, subject to such conditions, and in accor- dance in all respects with such regulations as the Road Authority may, from time to time, make, construct in the same or any adjacent road, and, with the like consent, subject to the like conditions, and in accordance with the like regula- tions, maintain, so long as occasion may require, a temporary Tramway or tempory Tramways in lieu of the Tramway or part of a Tramway so removed or discontinued. If any difference arises between the Promoters and the Road Author- ity with respect to the reasonableness of any regulations, or with respect to the mode of constructing any temporary Tramway or Tramways, under the authority of this section, the same shall be settled in manner hereinafter provided for the settlement by arbitration of matters in difference.
XIX. Any paving, metalling or material excavated by the Promoters in the construction of. their works from anv road under the jurisdiction or control of the Road Authority, may be applied by the Promoters, so far as may be necessary, in or towards the reinstating of such road, and the maintenance, for six months after completion of any of the Tramways hereby authorized to be laid down, of so much of the roadway of such road on either side of such Tramways as the Promoters are by this Ordinance, or any Act or Acts of Parliament incorporated herewith, required to maintain at their own expense; and the surplus paving, metalling or material not used or required to be retained for the purposes aforesaid may be applied by the Promoters, so far as may be necessary, in or towards the reinstating of such road and the maintenance, for six months after com- pletion of any of the Tramways hereby authorized to be laid down, of so much of the road on either side of such Tramways as the Promoters are by this Ordinance required to maintain at the cost of the Government of Hongkong; and the Promoters shall, if so required, deliver the surplus paving, metalling or material not used or required to be retained for any of the purposes aforesaid, to the Road Authority, or to such person or persons as he may appoint to receive the same. Provided, that if within seven days after notice in writing to the Road Authority that the surplus of such paving, metalling or material is ready for removal, such surplus is not removed by the said Road Authority, or by some other person or persons named by him for that purpose, such surplus paving, metalling or material shall absolutely vest in and belong to the Promoters, and may be dealt with, removed and disposed of by them in such manner as they may think fit.
XX. Notwithstanding anything in this Ordinance, or in any Act or Acts of Parliament incorporated herewith contained, the Promoters shall at all times during the con- tinuance of the Tramways hereby authorized, at the expense of the Government of Hongkong, maintain and keep in good condition and repair, with all proper paving, metalling and materials, so much of any road where any of the. Tramways Nos. 1, 2, 3 and 4, belonging to them are laid as the Promoters are not liable or bound to repair at their own expense, and shall and may recover from the Govern- ment of Hongkong, in manner provided by this Ordinance, or any Act or Acts of Parliament incorporated herewith for the recovery of penalties, the expense of so doing.
XXI. No part of the Tramways shall be opened for public traffic until the same has been inspected and certified to be fit for such traffic by the Officer or Officers duly appointed in writing for that purpose by the Road Authority, and the Road Authority has, by an order signed by the Colo- nial Secretary, or Acting Colonial Secretary, for the time being, of the said Colony of Hongkong, authorized the same to be opened for such traffic.
Motive Power.
XXII. The carriages used on the said Tramways Nos. 1, 2, 3 and 4, may, subject to the provisions of this Ordinance, be moved by animal, steam, or any mechanical power. Provided always, that the exercise of the powers by this Section conferred with respect to the use of steam or any mechanical power shall be subject to the regulations set forth in Schedule B. to this Ordinance annexed, and to any regulations which may be added thereto or substituted there- for, respectively, by any order which the Road Authority
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