ORDINANCE No. 6 of 1883. 1695
Tramways .
recovery of unpaid tolls, penalties , and forfeitures, and it shall be lawful
for the company or their lessees in the meanwhile to detain the carriage
or ( ifthe case so require) the proceeds of the sale thereof.
32. Every licensee shall be answerable for any trespass or damage Licensee
for
liable
done by his carriages , or horses , or by any of the servants or persons damage.
employed by him to or upon the tramway, or to or upon the property of
any other person , and, without prejudice to the right of action against the
licensee, or any other person , every such servant, or other person , may
lawfully be convicted of such trespass or damage before a Magistrate , and
upon such conviction every such licensee shall pay to the company , lessees ,
or persons injured, as the case may be, the damage, to be ascertained by
such Magistrate, so that the same do not exceed two hundred dollars and
fifty dollars.
Discontinuance of tramways .
33. If, at any time after the opening of any tramway for traffic, the Discontinu
ance of
company discontinue the working of such tramway or of any part tramways by
the company .
thereof for the space of six months ( such discontinuance not being
occasioned by circumstances beyond the control of the company, for which
purpose the want of sufficient funds shall not be considered a circum
stance beyond their control ) and such discontinuance is proved to the
satisfaction of the Governor in Council, the Governor in Council may by
ofsuch tramway,
order declare that the powers of the company in respect ofsuch
or the part thereof so discontinued , shall , from the date of such order, be
at an end, and thereupon the said powers of the company shall cease and
determine, unless the same are purchased by the Government in manner
by this Ordinance provided . Where any such order has been made, the
Surveyor General may, at any time after the expiration of two months
from the date of such order, under the authority of a certificate to that
effect by the Governor in Council , remove the tramway, or part of the
tramway so discontinued, and the company shall pay to the Surveyor
General the cost of such removal , and of the making good of the road by
the Surveyor General , such cost to be certified by the Surveyor General,
whose certificate shall be final and conclusive ; and if the company fail to
pay the amount so certified within two months after delivery to them of
such certificate or a true copy thereof, the Surveyor General may, without
any previous notice to the company ( but without prejudice to any other
remedy which he may have for the recovery of the amount ) sell and