18
CAP. 107]
Tramway
[1989 Ed.
Council may on the application of the company revoke or modify any such order.
(Amended 50 of 1911; 1 of 1912 Schedule; 43 of 1912; G.N.A. 246 of 1913 Supp. Schedule; 33 of 1939 Schedule; 30 of 1967 Schedule)
27. Procedure on non-compliance with order
If for the period of 3 months after the service of such order the company fails or neglects to comply therewith, the tramway shall be deemed to be a tramway to which all the provisions of this Ordinance relating to the discontinuance of the tramway after proof of such discontinuance shall apply, and it may be dealt with accordingly.
(Amended 50 of 1911; 1 of 1912 Schedule; 33 of 1939 Schedule)
DISCONTINUANCE OF TRAMWAY
28. Discontinuance of tramway
If the company discontinues the working of the tramway or of any part thereof for the space of 6 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 its 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 the tramway or the part thereof so discontinued shall from the date of such order be at an end, and thereupon the powers of the company shall cease and determine, unless the same are purchased by the Government in manner by this Ordinance provided. Where any such order has been made the Director may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect of the Governor in Council, remove the tramway or part of the tramway so discontinued, and the company shall pay to the Director the cost of such removal and of the making good of the road by the Director, such cost to be certified by him, and his certificate shall be final and conclusive, and if the company fails to pay the amount so certified within 2 months after delivery to it of such certificate or a true copy thereof, the Director may (without any previous notice to the company but without prejudice to any other remedy which he may have for the recovery of the amount) sell and dispose of the materials of the tramway or part of the tramway removed, either by public auction or private contract and for such sum and to such person as he may think fit, and may out of the proceeds of such sale reimburse himself the amount of the cost certified as aforesaid and of the cost of sale, and the balance, if any, of the proceeds of sale shall be paid to the company.
(Amended 50 of 1911 s. 4; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 21 of 1912 s. 5; 43 of 1912; G.N. 246 of 1913 Supp. Schedule)