TRAMWAYS, 6 OF 1883. ] 089
privileges by the said Tramways Ordinance, 1883, conferred in so far as the
promoters or the survivors or survivor of them or their or his assignees or
assignee may desire to exercise the same in respect of or regard to the
tramways numbered 1 , 2, 3 , 4 and 5 in the said Tramways Ordinance, 1883 ):
and whereas the proposed grant has been submitted for the assent and approval
of the Governor in Council under the provisions of section 4 of the Tramways
Ordinance, 1883 , as amended by section 2 of the Tramways Ordinance
( * Ord. No. 18
Amendment Ordinance, 1883, * and is in the terms following that is to say: of 1883. )
“ This indenture made the day of one thousand
eight hundred and eighty - five between Francis BULKELEY Johnson
formerly of Victoria in the Colony of Hongkong but who is now residing
in Great Britain Esquire the Honourable FREDERICK DAVID SASSOON
of Victoria aforesaid CHARLES Vincent Suru formerly of Victoria
aforesaid but now of Shanghai in the Empire of China Esquire and
Willian KerFoot IIUGHES of Victoria aforesaid Esquire (who are
all hereinafter referred to as the Promoters ') of the one part and the
Ilonourable PHINEAS RYRIE of Victoria aforesaid and ALEXANDER
FINDLAY Suti of Victoria aforesaid merchant (who are both hereinafter
referred to as “ the Purchasers ') of the other part Whereas by the
Tramways Ordinance 1883 it was amongst other things enacted that
( section 3) the promoters or the survivors or survivor of them should
be the promoters for the purposes of that ordinance and were thereinafter
referred to as the promoters and that ( section 4 since repealed ) when
and so soon as that ordinance should have come into operation as
thereinafter provided (but not before) the promoters might with the
assent avd approval of the Governor in Council and in manner therein
mentioned assign and absolutely dispose of any one or more of the
tramways thereby authorised to be constructed and all and every the
assignees or assignee for the time being from the promoters whether a
corporate body or not were and was thereinafter included in the expression
and referred to as the company and in the said reciting ordinance more
particularly mentioned and described the tramways which were thereby
authorised to be made and constructed the powers for construction thereof
the provisions for the protection of gas and water companies and of
sewers drains water-courses and subways the powers to sell lease and
mortgage and the other powers and provisions therein more particularly
mentioned and set out and in particular it was thereby enacted that
( inter alia ) if the company did not within three years after the time at
which they might under that ordinance have commenced the construction
of any one or more of the tramways thereby authorised and complete and
open the same for public traffic or if within one year after ihe time
aforesaid the construction of any one or more of such tramways was not
in the opinion of the Governor in Council substantially commenced the
powers thereby given to the company for constructing such tramways
so not completed or commenced or otherwise in relation thereto should
cease to be exercised unless the time were prolonged by the Governor
in Council And it was thereby also enacted that (section 145) that
ordinance should not come into operation until Her Majesty's confirmation
thereof was proclaimed by the Governor And whereasby a proclamation
dated the third November one thousand eight hundred and eighty -three,
and published in the Hongkong Government Gazette of the saine date
under the hand of His Excellency Sir GEORGE FERGUSON BOWEN
Knight Grand Cross of the most Distinguished Order of St. Michael
and St. George Governor and Commander -in -Chief of the Colony of
Ilongkong and its Dependencies and Vice- Admiral of the same and the
Seal of the said Colony of Ilongkong after reciting that a despatch had
been received from the Right Honourable the Earl of DERBY Her
Majesty's Principal Secretary of State for the Colonies conveying to