402
Power to Company to let under-taking.
Power to Company to mortgage undertaking.
Right of user by Govern-ment.
Payment of tolls by
No. 2.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
(2.) When any such sale, assignment, or absolute disposal has been made, all the rights, powers, authorities, obligations, and liabilities of the Company in respect to the undertaking, or part or parts thereof, sold, assigned, or absolutely disposed of shall be transferred to, vested in, and may be exercised by, and shall attach to, the person or persons, corporation or company, to whom the same has or have been sold, assigned, or absolutely disposed of, in like manner as if the undertaking, or part or parts thereof, sold, assigned, or absolutely disposed of was or were constructed by such person or persons, corporation or company, under the powers conferred upon him or them or it by this Ordinance, and in reference to the same he or they or it shall be deemed to be the Company.
Power to let Undertaking.
46. Subject to the approval of the Governor-in-Council being first obtained (but not otherwise), the Company may, at any time and from time to time, demise its undertaking, or any part or parts thereof, to such person or persons, corporation or company, for such term or terms of years, or from year to year, or for any less period, and for such rent or rents, and on such terms and conditions in all respects as the Company may think fit to adopt, to take effect either in possession or at some future date, and either with or without a premium or premiums as a consideration or considerations for such demise or demises.
Power to mortgage Undertaking.
47. It shall be lawful for the Company, at any time or from time to time, to borrow money on mortgage of all or any part of its undertaking, and for that purpose to assign or demise by way of mortgage all or any portion of its lands, messuages, or tenements, erections, buildings, works, rolling stock, plant, machinery, chattels, and effects to any person or persons, corporation or company, and to enter into all such covenants, provisoes, declarations, and agreements as the Company may think fit or proper.
Privilege of Government.
48. The Governor-in-Council may, at any time or times and at all times, by order, direct that precedence over the Company and all other persons in the user of the tramways hereby authorized, or any or either of them, be taken for defensive or military purposes or for the passage of troops and war material, on giving to the Company, on each occasion of such user, three clear days' notice.
49. The Governor-in-Council shall direct the payment to the Company of such tolls as may be agreed on, or, if no agreement is come to, then the amount of such tolls to be paid shall be determined upon petition to the Court in a summary way.
Traffic upon Tramways.
50. The tramways may be used for the purpose of conveying passengers, animals, goods, merchandise, minerals, and parcels.
51. Save and except passengers' luggage not exceeding sixteen pounds in weight or one cubic foot in measurement, the Company shall not be bound to carry, unless it thinks fit, any animals, goods, merchandise, minerals, or parcels.
Tolls.
52.--(1.) The Company may demand and take for passengers the tolls or charges specified in the Second Schedule to this Ordinance, including tolls for the use of the tramways and of carriages and for motive power, and every other expense incidental to the conveyance of passengers.
(2.) A list, printed in the English and Chinese languages, of all the tolls and charges authorized to be taken shall be exhibited in a conspicuous place at the offices of the Company and inside and outside each of the carriages used upon the tramways: Provided that, if there is any variation between the English and Chinese prints of the said list, the English print thereof shall prevail.
53.--(1.) Every fare paid by every passenger for travelling upon Tramways Nos. 1, 2, 3, and 4, or any of them, or any part thereof, shall entitle such passenger to travel any distance on all or any of the said last-mentioned tramways, once, on the day on which such passenger so travels, in the same direction continuously, and without leaving the carriages, but for no further distance, or on any tramway other than Tramways Nos. 1, 2, 3, and 4, or more than once, or on any other day, or in any other direction, or to leave and re-enter the carriages.
(2.) Every fare paid by every passenger for travelling upon Tramway No. 5, or any part thereof, shall entitle such passenger to travel any distance on the said last-mentioned tramway, once, on the day on which such passenger so travels, in the same direction continuously, and without leaving the carriages, but for no further distance, or on any tramway other than Tramway No. 5, or more than once, or on any other day, or in any other direction, or to leave and re-enter the carriages.
(3.) Every fare paid by every passenger for travelling upon Tramway No. 6, or any part thereof, shall entitle such passenger to travel any distance on the said last-mentioned tramway, once, on the day on which such passenger so travels, in the same direction continuously, and without leaving the carriages, but for no further distance, or on any tramway other than Tramway No. 6, or more than once, or on any other day, or in any other direction, or to leave and re-enter the carriages.
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A.D. 1883.
A.D. 1883.] TRAMWAYS.
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al has been iabilities of rts thereof, I to, vested or persons, been sold, ndertaking, 1 of was or company, Ordinance. d to be the being first and from thereof, to n or terms such rent the Com- ion or at mniums as m time to lertaking, ill or any gs, works. person or ovenants, ink fit or nd at all all other or either · passage occasion ne Com- 11, or, if
...
for user.
50. The tramways may be used for the purpose of conveying passengers, animals, goods, merchandise, minerals, and parcels.
Nature of traffic upon traniways.
Right of Company to carry goods.
refuse to carry.
51. Save and except passengers' luggage not exceeding sixteen pounds in weight or one cubic foot in measurement, the Company shall not be bound to carry, unless it thinks fit, any animals, goods, merchandise, minerals, or parcels.
52.--(1.) The Company may demand and take for passengers the tolls or charges specified in the Second Schedule to this Ordinance, including tolls for the use of the tramways and of carriages and for motive power, and every other expense incidental to the conveyance of passengers.
(2.) A list, printed in the English and Chinese languages, of all the tolls and charges authorized to be taken shall be exhibited in a conspicuous place at the offices of the Company and inside and outside each of the carriages used upon the tramways: Provided that, if there is any variation between the English and Chinese prints of the said list, the English print thereof shall prevail.
tolls.
53.--(1.) Every fare paid by every passenger for travelling upon Tramways Nos. 1, 2, 3, and 4, or any of them, or any part thereof, shall entitle such passenger to travel any distance on all or any of the said last-mentioned tramways, once, on the day on which such passenger so travels, in the same direction continuously, and without leaving the carriages, but for no further distance, or on any tramway other than Tramways Nos. 1, 2, 3, and 4, or more than once, or on any other day, or in any other direction, or to leave and re-enter the carriages.
(2.) Every fare paid by every passenger for travelling upon Tramway No. 5, or any part thereof, shall entitle such passenger to travel any distance on the said last-mentioned tramway, once, on the day on which such passenger so travels, in the same direction continuously, and without leaving the carriages, but for no further distance, or on any tramway other than Tramway No. 5, or more than once, or on any other day, or in any other direction, or to leave and re-enter the carriages.
(3.) Every fare paid by every passenger for travelling upon Tramway No. 6, or any part thereof, shall entitle such passenger to travel any distance on the said last-mentioned tramway, once, on the day on which such passenger so travels, in the same direction continuously, and without leaving the carriages...
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Limitation of obligation to carry passengers.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
leaving the carriages, but for no further distance, or on any tramway other than Tramway No. 6, or more than once, or on any other day, or in any other direction, or to leave and re-enter the carriages.
54. If the carriages during any journey contain their authorized complement of passengers, the Company shall not be bound to find accommodation for any other passenger, notwithstanding that such other passenger may have purchased a ticket or tickets entitling him to travel on the tramways or any of them.
Passengers' luggage.
Tolls for animals, goods, etc.
Third Schedule.
Payment of tolls.
Duty of Company to reinstate roads on abandonment of undertaking.
55.--(1.) No passenger may take on any of the tramways his personal luggage other than small hand baskets, bags, or parcels, any one of which shall not exceed sixteen pounds in weight or one cubic foot in measurement.
(2.) All such personal luggage shall be carried by hand, and at the responsibility of the passenger, and shall not occupy any part of a seat, nor be of a form or description to annoy or inconvenience other passengers.
56. The Company may demand and take, in respect of any animals, goods, merchandise, minerals, or parcels conveyed by it on the tramways, except as is specially provided by this Ordinance, including the tolls and charges for the use of the tramways, and for wagons or trucks, and for motive power, and every expense incidental to such conveyance, any tolls or charges, not exceeding the tolls and charges specified in the Third Schedule to this Ordinance, subject to the regulations therein contained.
57. 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.
58. If the Company abandons its undertaking, or any part or parts thereof, and takes up Tramways Nos. 1, 2, 3, 4, and 5, or any or either of them, it shall, with all convenient speed and in all cases within eight weeks at the most (unless the Surveyor General otherwise consents in writing), fill in the ground and make good the surface, and, to the satisfaction of the Surveyor General, restore the portion of the road upon which such last-mentioned tramways, or such of them as are abandoned, were laid to as good a condition as that in which it was before such tramways were laid thereon, and clear away surplus paving, or metalling material, or rubbish occasioned by such work, and it 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 fails to comply with the provisions of this...
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A.D. 1883.] TRAMWAYS.
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obstruction of person acting under authority.
59. Every person who 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, shall for every such offence be liable to a penalty not exceeding twenty-five dollars.
Wilful damage to tramway, etc.
60. Every person who, without lawful excuse (the proof whereof shall lie on him), wilfully does any of the following things, namely,-
(1.) interferes with, removes, or alters any part of a tramway or of the works connected therewith; or
(2.) places or throws any stones, dirt, wood, refuse, or other materials on any part of a tramway; or
(3.) does or causes to be done anything in such manner as to obstruct any carriage using a tramway or to endanger the lives of persons therein or thereon; or
(4.) knowingly aids or assists in the doing of any of such things, shall for every such offence be liable (in addition to any proceedings by way of indictment or otherwise to which he may be subject) to a penalty not exceeding twenty-five dollars.
61. Every person who,--
Avoiding payment of fare, etc.
(1.) while travelling or having travelled in any carriage, avoids or attempts to avoid payment of his fare; or,
(2.) having paid his fare for a certain distance, knowingly and wilfully proceeds in any such carriage beyond such distance and does not pay the additional fare for the additional distance, or attempts to avoid payment thereof; or
(3.) knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit such carriage, shall for every such offence be liable to a penalty not exceeding ten dollars.
62. It shall be lawful for any officer or servant of the Company, and all persons called by him to his assistance, to seize and detain any person discovered either in or immediately after committing or attempting to commit any such offence as is mentioned in the last preceding section, and whose name or residence is unknown to such officer or servant, until such person can be conveniently taken to a Police Station for safe custody and detained until he is discharged by due course of law.
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Penalty for bringing dangerous goods on tramway.
Penalty for using tramway with flange-wheeled carriages.
No. 2. THE ORDINANCES OF HONGKONG: [A.D. 1883.
such person can be conveniently taken to a Police Station for safe custody and detained until he is discharged by due course of law.
63. No person shall be entitled to carry or to require to be carried on any tramway any goods which may be of a dangerous nature, and if any person sends by any tramway any such goods, without distinctly marking their nature on the outside of the package containing the same or otherwise giving notice in writing to the book-keeper or other servant with whom the same are left, at the time of such sending, he shall for every such offence be liable to a penalty not exceeding one hundred dollars, and it shall be lawful for the Company to refuse to take any parcel that it may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact.
64. If any person (except under the authority of this Ordinance) uses any of the said tramways with carriages having flange-wheels or other wheels suitable only to run on the rail of such tramway, he shall for every such offence be liable to a penalty not exceeding one hundred dollars.
Purchase of Lands by Agreement.
65. Subject to the provisions of this Ordinance, it shall be lawful for the Company to agree with the owners of any lands which may be required for the purposes of this Ordinance, and with all parties having any estate or interest in such lands or by this Ordinance enabled to sell and assign the same, for the absolute purchase for a consideration in money of any such lands, or such parts thereof as it may think proper, and of all estates and interests in such lands of what kind soever.
66. It shall be lawful for all parties, being seized, possessed of, or entitled to any such lands or any estate or interest therein, to sell and assign or release the same to the Company, and to enter into all necessary agreements for that purpose, and particularly it shall be lawful for all or any of the following parties, so seized, possessed, or entitled as aforesaid, so to sell, assign, or release, that is to say, all corporations, tenants in tail or for life, married women seized in their own right, guardians, committees of lunatics and idiots, trustees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession, or subject to any lease for life, or for lives and years, or for years, or for any less interest; and the power so to sell and assign or release as aforesaid may lawfully be exercised by all such parties, other than lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion...
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A.D. 1883.] TRAMWAYS.
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reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and, as to such married women, whether they are of full age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots respectively could have exercised the same power under the authority of this Ordinance if they had respectively been under no disability, and as to such trustees, executors, and administrators on behalf of their cestuique trustent, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuique trustent respectively could have exercised the same powers under the authority of this Ordinance if they had respectively been under no disability.
Power to parties under disability to release lands, etc.
67. The power to release lands from any rent charge or incumbrance, and to agree for the apportionment of any such rent charge or incumbrance, shall extend to and may lawfully be exercised by every party hereinbefore enabled to sell and assign or release lands to the Company.
68.--(1.) The purchase money or compensation to be paid for any lands to be purchased or taken from any party under any disability or incapacity, except under the provisions of this Ordinance, and the compensation, if any, to be paid for any permanent damage or injury to any such lands, where such party has agreed to the amount to be paid, shall not be less than is approved by the Court or a Judge, upon the petition to the Court in a summary way of any of the parties interested.
(2.) All purchase money and compensation recovered under or by virtue of this section shall be paid into Court for the benefit of the parties interested.
Purchase of Lands otherwise than by Agreement.
69.--(1.) Before it shall be lawful for the Company to put in force any of the powers of this Ordinance in relation to the compulsory taking of lands for the purposes of the undertaking, or to open or break up any roads, the Company shall satisfy the Governor-in-Council that one-third part at least of the capital or estimated sum for defraying the expenses of the undertaking has been subscribed under contract binding the parties thereto, their heirs, executors, and administrators, for the payment of the several sums by them respectively subscribed.
(2.) A certificate of the Governor, published in The Gazette, shall be conclusive evidence that such amount has been duly subscribed.
70.--(1.) When the Company requires to purchase or take any of the lands more particularly mentioned and set out in the Fourth Schedule...
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