1.T
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707
insisted upon his former demand and the extra strip of concrete, threatening that unless the Company agreed he would, when the lines were completed, refuse the certificate called for under Section 25 of the Ordinance, thus preventing the tramways being worked.
The Directors, although fully convinced that the form of permanent way construction demanded will involve the Company in any unnecessary expenditure of some £10,000 without benefit either to the Colony or the Company, have instructed us not to further oppose the demands of the Director of Public Works if legitimately made under the terms of the Ordinance.
We have, therefore, cabled to our representative instructing him to carry out the requirements of the Director of Public Works save as to the strip of concrete, 3' 5" in width by 6" in depth, before mentioned.
Section 14 of the Ordinance reads thus :-
"After and so soon as the said tramway has been constructed and laid down the Company shall, at their own expense, at all times maintain and keep in good condition and repair with such materials and in such manner as the Director of Public Works shall direct and to his satisfaction, so much of any road whereon any tramway belonging to the Company is laid as lies between the rails of the tramway and (where a double line of tramway is laid by the Company in any road at a distance of not more than four feet from each other) the portion of the road between the two lines of tramway, and in every case so much of the road as extends eighteen inches beyond the rails of and on each side of any such tramway.
Except as aforesaid the Company shall not be liable to pay for the cost of the maintenance or repair of any road whereon the tramway is laid."
Where centre pole construction is used the distance between the two sets of rails is 6' 5".
After reading the section quoted above we feel assured that you will agree with our contention that in making the demand for the concreting of the full space between the tracks the Director of Public Works is exceeding the requirements of the Ordinance by 3' 5".
The position is that the Company is threatened that a cash