396
Penalty on licensee for default in payment of tolls.
Licensee to give account of passengers,
Penalty on licensee for not accounting, etc.
Settlement of dispute as to tolls.
Liability of licensee for damage.
No. 2.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
whole or any part of the journey; and
(6.) the Governor-in-Council may, at any time after the granting of the licence, revoke, alter, or modify the same for good cause shown to him.
28. If, on demand, any licensee fails to pay the tolls due in respect of any passengers carried in any carriage, it shall be lawful for the Company or its lessees to whom the same are payable to detain and sell such carriage, or, if the same has been removed from the tramway or premises of the Company or its lessees, to detain and sell any other carriages on such tramway or premises belonging to such licensee, and out of the moneys 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 moneys, and such of the carriages as may 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 its 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 any 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 its 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.
31. If any dispute arises concerning the amount of the tolls due to the Company or its lessees from any licensee, or concerning the charges occasioned by any detention 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 its lessees in the meanwhile to detain the carriage or, if the case so requires, the proceeds of the sale thereof.
32. 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 damage before a Magistrate, and, on such conviction, every such licensee shall pay to the Company,
A.D. 1883
lessees, or detained by such
and fifty dollars
33.--(1) The Company thereof for occasioned which purpose circumstances
the satisfaction
may, by order, or tramway, and order, be
shall cease
ment in the
(2.) We at any time order, under in-Council, and the Company removal and such cost to
be final and
(3) If the months after Surveyor (
(but without recovery of or part of the and for such fit, and may amount of balance, if
34. If, it appears to the it is unable to the public affairs of the Company: