But most of these are to consider the effect of diction.
14.
4. In case of a single line of tramway the Co are bound to repair the road between the rails and for 15 inches beyond outside the rails.
Rail side:
B. In case of a double line of tramway.
RULE
(1) where there is less than 4 feet between the two lines, they are bound to repair the road between the two lines, between the rails on each line, and for 15 inches beyond the outside the 2 external rails:
(2) where there is more than 4 feet between the two lines, they are bound to repair any two single lines of tramway.
1.4. In the case of a double line, between the rails and for 15 inches inside.
This is the present case.
Just apart and there is a strip down the middle 3ft 5ins wide which the Co are not bound to repair, either by concreting it or otherwise.
I think it is a fair inference that, if the Co are not held to repair this 3ft 5ins strip, they cannot be taken to have constructed it - and the D.P.W. should exercise his powers under Sec 13.
As in respect of a distinct single line of tramway, the 3ft. 5ins strip not coming under this purview matter of construction at all.
This interpretation of the order is supported by the expert opinion collected by Mr Dickinson which shows that to concrete this 3ft 5ins strip would add no additional security or stability to either line of tramway.
Moreover, if the Colonial Govt & DPW are right in this matter, there is no limit to the powers of the latter under sec 13. He might require the whole of a road to be concreted for a single line of tramway as a matter of construction!
I submit that his powers under Sec 13 can be construed to define the extent of the limit.
I should like to put the above argument to the BofT, sending Dickinson's present letter of enquiry also their letter of 24 April and our desp. of July (15156) explaining that the fact that the two lines are to be 6ft. 5ins apart appears to have an important bearing on the question whether the whole space between the two lines should be concreted or not.
J.S.R. 3/8.
I have written separately to Mr Dickinson to ask whether the lines are 6'5" apart throughout the whole length of the tramways or only at certain parts thereof, the rest of the lines being only about 4' apart.
If you agree with my interpretation of the Order, I do not think we need trouble the B. of T again, but should at once instruct Govt as to the Law, I tell him that the DPW must act accordingly; & further that in any case the point referred to in par. 3 of our desp. on this subject, i.e. that the 15158 must be attended to, where the distance is less than 6ft.5 - surface concrete between the lines need be 3 or 6 inches deep & not 14 only.
In Lucas Ju7675 Tape with Mr Risley but I think