Amendment
of section 12
Amendment
of section 13.
Addition
of new keelions 13A
and 138.
(c) the deletion of the words "such cross section and statement”
and the substitution therefor of the following-
"the required cross section and statement, if any.";
(d) the deletion of the words "in writing":
(e) the deletion of the words beginning with "in accordance with such approved cross section and statement" to the end of the section and the full stop appearing at the end thereof and the substitution therefor of the following-
7.
"under the superintendence and to the satisfaction of the Director, and where there are an approved cross section and statement in accordance therewith.".
Section 12 of the principal Ordinance is amended by-
(a) the deletion of the word "four" and the substitution therefor of
the word "five":
(b) the deletion of the words "beyond the rails" and the substitu-
tion therefor of the following-
"from the running edge of the table of each rail”.
Section 13 of the principal Ordinance is amended-
(a) by the deletion of the semi-colon after the words "same rest"
and the substitution therefor of a full stop; and
(6) by the deletion of the remainder of the section.
9. The principal Ordinance is amended by the addition, after section 13. of the following new sections-
"Alteration of track.
13A. (1) If the Director is of the opinion that it is necessary or desirable, to enable him to carry out any works in any road or for the better regulation of traffic in any road. including any road over which no tramway passes, that the company should alter or move its track on any road, he may serve on the company not less than one month's notice in writing of his intention to apply to the Governor in Council for an order under this section.
(2) A notice served in accordance with the provisions of this section shall specify-
(4) the work which the Director considers necessary or
desirable; and
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(6) the time by which such work should be carried
out.
(3) If the company-
(a) objects to such application:
(b) is of the opinion that the cost of carrying out such work would exceed the amount which, in accord- ance with the provisions of section 14, would be wholly payable by the company; or
(c) is of the opinion that it would not be practicable to carry out such work within the time stipulated in the notice.
the company may, within such period of one month, give to the Director notice of such objection or opinion together with, in the case of a aubmission in accordance with the provisions of paragraph (b), an estimate of the cost of carry- ing out such work.
(4) The Governor in Council shall consider every application under this section and every objection thereto or other submission thereon made by the company and shall afford the company an opportunity of being heard by an authorized officer of the company or by counsel or solicitor,
(5) The Governor in Council. after considering such application and every objection thereto and submission thereon by the company, may order that the company shall carry out such work as is described in the notice, within such period as is stipulated in such order.
(6) If the company fails to comply with the provisions of any such order within such period as is stipulated therein or such greater period as may be allowed by the Governor in Council the company shall be guilty of an offence and, on summary conviction, shall be liable to a fine of one thousand dollars and to a continuing penalty of two bundred and fifty dollars for every day, after the date of expiry of such period as was stipulated in the order or such greater period as may have been allowed by the Governor in Council, during which the company has not complied with the provisions of such order.
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