for every day during which the offence continues; but all rules shall be so framed as to allow in every case part only
of the maximum penalty being ordered to be paid.
Wheels and Width of Cars.
38. The Company may use on the tramway cars with wheels and flange-wheels, or wheels suitable only to run on the rails of the tramway, and, subject to this Ordinance, the Company shall have the exclusive use of the tramway for cars with flange-wheels or other wheels suitable only to run on the said rails, and no car used on the tramway shall exceed six feet six inches in width,
Power to Sell.
39. Subject to the approval of the Governor in Council being first obtained the Company may at any time and from time to time sell assign and absolutely dispose of the whole of their undertaking, to such person or persons or Corporation or Company, by public auction or private contract, or partly by public auction and partly by private contract, and with under and subject to such terms and conditions in all respects as the Company shall, with the approval of the Governor in Council, think fit, with power at any such sale to fix a reserve price for, or buy in the same, and when any such sale assignment or absolute disposal has been made and completed all the rights, powers, authorities, obligations and liabilities of the Company in respect to the undertaking shall be transferred to vested in and may be exercised by and shall attach to the person or persons or Corporation or Company to whom the same have been sold assigned or absolutely disposed of, in like manner as if the undertaking was constructed by such person or persons or Corporation or Company under the powers conferred upon him or them by this Ordinance, and in reference to the same he or they shall be deemed to be the Company and to be subject in all respects to the provisions of this Ordinance and to any order in Council or rules made hereunder. Provided that the Company may at any time and from time to time sell, assign and absolutely dispose of any land, machinery, property, chattel or effect which shall not be required for the efficient maintenance and working of their undertaking,
Power to Lease.
40. Subject to the approval of the Governor in Council being first obtained the Company may, at any time and from time to time, demise or let the whole of their undertaking to such person or persons or 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 upon such terms and conditions in all respects as the Company shall 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, and when any such demise or letting has been made the lessee shall be subject in all respects to the provisions of this Ordinance and to any order in Council or rules made hereunder. Provided that the Company may at any time and from time to time demise or let any land, machinery, property, chattel or effect which shall not be required for the efficient maintenance and working of their undertaking.
Power to Mortgage.
41. Subject to the approval of the Governor in Council being first obtained it shall be lawful for the Company at any time and from time to time to borrow money on mortgage of the whole of their undertaking, and for that purpose to assign or demise by way of mortgage all their lands, messuages or tenements, erections, buildings, works, rolling stock, plant, machinery, chattels and effects, to any person or persons or Corporation or Company, and to enter into all such covenants, provisos, declarations and agreements as the Company shall think fit or proper, and any mortgagee in possession shall be subject in all respects to the provisions of this Ordinance and to any order in Council or rules made hereunder.
Rights of Government.
42. The Governor in Council may at any time or times by order direct that precedence over the Company and all other persons in the user of the tramway hereby authorized, in any parts or part thereof, be taken for defensive or military purposes, or for the passage of troops and war material, or
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emergency.
520