CO129-198 - Governor Hennessy Acting Governor Tonnochy - 1882 [3] — Page 393

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

and danger which was caused to vehicles with narrow wheels, he thought it would be desirable that at first only a single line should be laid, and the way in which vehicles were affected be ascertained before the road was cut up for a double line.

The Hon. F. B. JOHNSON said the expense of laying a single line first, and then another one afterwards was one reason why that course was opposed. It seemed to him that, considering the provision for the laying of a double line was not compulsory upon the Company, the matter. might safely be left in the hands of the Com- pany, knowing as they did that in case of the double line being considered dangerous to the i public, they were liable to be called upon to take it up again.

Hon. E. R. BELILIOS said that as a member of the select Committee, after hearing all the evi- dence, he was of the opinion that this clausc would steer clear of all difficulties, clause 4 giving the Governor power to veto the line, and he thought it was a question for the Company. If they liked to launch their undertaking with that iclause he thought it would be safe for the Go-

vernment to allow it.

On a division, the clause was carried by five votes to two.

Clause 4, giving the Governor in Council power to order one line to be discontinued in case the double should be found dangerous to the public Į was amended by the addition of the words inconvenient," and of words giving power to order the removal of the other line to another part of the road.

or

Clause 5 was carried with the addition of a provision for a good notice to be served upon the owners and occupiers in fresh streets through which the Company might desire to extend their tramways,

The clauses up to No. 16 were carried without material alteration, but on clause 17 some dis- cussion occurred upon the question of whom the responsibility for the repair of the roads through which the tramways passed should rest upon.

The ACTING CHIEF JUSTICE said the surveyor- General was of opinion that the whole responsi- bility of maintaining and repairing those roads should be borne entirely by either one party or the other. It was considered by the Committee most convenient that the Company should under- take the maintenance and repair of the roads.

The ACTING COLONIAL SECRETARY said that previous to the meeting, he had a conversation with the surveyor-General, who was of opinion that the repair of the roads should be vested in him.

The Hon. F. B. JOHNSON said the matter had been fully considered by the Committee, and it was entirely in accordance with the practice at home that the Company should be responsible for the entire repair of the road.

The ACTING COLONIAL SECRETARY said the difficulty was that the Government was expected to bear their quota of the expense. The consi- deration of this clause and the four following ones dealing with the same subject, was adjourned.

Clauses were then passed with very slight dis- cussion as far as clause No. 129.

As to clause 129, relating to compensation, some discussion took place.

The ATTORNEY-GENERAL expressed an opinion that the power of appeal given by this clause would put functions upon the Executive Council which would convert it into a judicial tribunal between individuals and the Company, and it would place his Excellency and the Council in difficulty.

His EXCELLENCY said this was a matter which should be fully considered, and he therefore thought it would be advisable to adjourn at that point to the following day, at half-past two, when they could sit again, and finish the bill.

BANKERS' BOOKS EVIDENCE,

His EXCELLENCY moved the first reading of a Bill to amend the law with reference to Bankers' Books evidence. He said the Bill was adopted from the English Act 39 and 40 Vict., and it had been considered it might be usefully applied in this Colony.

The Council then adjourned until half-past two to-day (Thursday).-Daily Press.

attery of variance practice in Soglands.

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