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No. 10 of 1902.
Proceedings in case of insolvency of company.
Purchase by
of tramway.
TRAMWAY.
of sale, and the balance, if any, of the proceeds of sale shall be paid to the company.
Insolvency of company.
30. If it appears to the Governor in Council that the company is insolvent, so that it is unable to maintain the tramway or work the same with advantage to the public, the Governor in Council may inquire into the financial affairs of the company, and, if satisfied that the company is so in- solvent as aforesaid, may by order declare that the powers of the company shall, at the expiration of six months from the making of the order, be at an end, and the powers of the company shall cease and determine at the expiration of the said period unless the same are purchased by the Govern- ment in manner by this Ordinance provided, and thereupon the Director of Public Works may remove the tramway in like manner and subject to the same provisions as to the payment of the costs of such removal and to the same remedy for recovery of such costs in every respect as in cases of removal under section 29.
Purchase of tramway.
31. The Governor in Council may at the expiration of Government fifty years from the date of the commencement of this Ordi- nance, or at the expiration of any subsequent period of five years, or at the expiration of three months after the making of any order under section 29 or section 30, on giving to the company a notice in writing in manner following:--
(a) at least six months notice prior to the expiration of such fifty years;
(b) at least six months notice prior to the expiration of any such subsequent period of five years;
(c) at least two months notice prior to the expiration of such three months-
require the company to sell and thereupon the company shall sell to the Government its undertaking, and all lands, build- ings, works, materials and plant of the company suitable to and used by the company for the purposes of its undertaking, for and in consideration of the then value of the same: Provided that the value aforesaid shall be deemed to be the
* As amended by Law Rev. Ord., 1924.
TRAMWAY.
No. 10 of 1902.
17
fair value at the time of the purchase, due regard being had to the cost of construction less depreciation, and to the then nature, condition and state of repair of the buildings, works, materials and plant, and to the fact that they are in such a condition and state of repair as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, but without any addition in respect of compulsory purchase, or of goodwill, or of any profits which might have been made from the undertaking, or of any similar considerations. In case of difference, such value as aforesaid shall be determined by a special case.
When any such sale has been made and completed all the rights, powers and authorities of the company in respect of the premises sold, or, where any order has been made by the Governor in Council under section 29 or section 30 all the rights, powers and authorities of the company previous to the making of such order in respect of the premises sold shall be transferred to and vested in and may be exercised by the Government.
Motive power.
32. The cars used on the tramway shall be moved by Motive power. electric power conveyed by means of a bare overhead wire and the rails of the tramway: Provided always that the exercise of the powers by this section conferred with respect to the use of electric power shall be subject to the rules set forth in Schedule A, and to any rules which may be added Schedule A. thereto or substituted therefor by any order which the Governor in Council may make for securing to the public all reasonable protection against danger in the exercise of the powers hereby conferred with respect to the use of electric power on the tramway. In the event of the company being unable at any time to move the cars by electric power the cars may temporarily be moved by animal power.
33. Every motor car and trailer car used on the tramway Construction shall be so constructed as to provide for the safety of of cars. passengers and for their safe entrance to and exit from and accommodation in such car and their protection from the machinery used for drawing or propelling such car.
authorities
34. The Director of Public Works, or any officer appointed Powers to for that purpose by the Governor in writing, may inspect any to inspect car used on the tramway, and the machinery therein, and cars, etc. any wires or other machinery of the company, and report
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