58. If any person without lawful excuse (the proof whereof shall lie on him) wilfully does any of the following things, namely:---
interferes with, removes, or alters, any part of the tramway, or of the works connected therewith;
places, or throws any stone, dirt, wood, refuse, or other material on any part of the tramway;
does, or causes to be done, anything in such manner as to obstruct any car using the tramway, or to endanger the lives of persons therein, or thereon; or
knowingly abets or assists in the doing of any of such things,
he 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 one thousand dollars, and in default of payment of such penalty to imprisonment for any term not exceeding twelve months with or without hard labour.
59. If any person travelling, or having travelled in any car, avoids or attempts to avoid payment of his fare, or if any person, having paid his fare for a certain distance, knowingly and wilfully proceeds in any such car beyond such distance, and does not pay or tender the additional fare for the additional distance, or attempts to avoid payment thereof, or any person knowingly or wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit such car, every such person shall for every such offence be liable to a penalty not exceeding ten dollars.
60. It shall be lawful for any officer or servant of the Company and any person 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 in the immediately preceding section is mentioned, and whose name or residence is unknown to such officer or servant, until such person can be handed over to a Police Officer or Constable for safe custody.
61. No person shall be entitled to carry or to require to be carried on the tramway any goods which are of a dangerous nature, and if any person sends by the 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 be liable to a penalty not exceeding one hundred dollars for every such offence, and in default of payment of such penalty to imprisonment for any term not exceeding three months with or without hard labour, and it shall be lawful for the Company to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact.
62. If any person (except under the authority of this Ordinance) uses the tramway with carriages, cars or vehicles having flange-wheels, or other wheels suitable to run on the rail of the tramway, such person shall for every such offence be liable to a penalty not exceeding one hundred dollars.
Purchase of Lands by Agreement.
63. Subject to the provisions of this Ordinance, it shall be lawful for the Company to agree with the owners of any lands which shall 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 consideration in money of any such lands, or any parts or part thereof, and of any estate or interest in such lands of any kind soever.
64. 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.
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