CO129-306 - Governor Sir Blake - 1901 [8-9] — Page 516

and break up any roa 1 subject to the following regulations : →→

1. They shall give to the Director of Public Works notice of their intention, specifying the time at which they will begin to do so, and the portion of road proposed to be opened or broken up, sucis notice to be given seven days at least before the commencement of the work.

2. They shall not open or break up or alter the level of any road except with the authority, under the superintendence, and to the satisfaction of the Director of Public Works,

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12. When the Company have opened or broken up an Completion portion of any road, they shall be under the following of works, and

reinstate. further obligations, namely:--

raent of roadt,

1. They shall, with all convenient speed, complete the work on account of which they opened or broke up the same, and (subject to the formation, mainten- anee, renewal, or alteration of, addition ro, OF removal of the tramway) fill in the grond, and make good the surface, and, to the antisfaction of the Director of Public Works, restore the road to a good condition.

2. They shall in the meantime cause the place whera the road is opened or broken up to bé fenced and warched, and to be properly lighted at night.

If the Company fail to comply with any of the provisions of this section, they shall, for every offence (without pre- judice to the enforcement of specific performance of the requirements of this Ordinance or to any other remedy against them) be liable on summary conviction to a pensity not exceeding one hundred dollars, and to a further penalty Bor exceeding twenty-five dollars for every day during which any such failure continues after the first day on whielt such penalty is incurred.

13, In addition to the requirements of the preceding Further pro- section, the Company shall, when they give notice as afore- visions as to said to the Director of Public Works of their intention to constraction of tramway. open or break up any road for any of the purposes aforesaid, lay before the Director of Public Works a cross scetiou showing the proposed mode of constructing, laying down, maintaining, renewing, altering, adding to or removing the tramway or works in respect of which they propose to open or break mp such roail, and a statement of the materials intended to be used therein; and the Company shall not commence the construction, laying down, maintenance, re- newal, alteration of, addition to, or removal of such tramway or works, or any part thereof respectively, except for the purpose of necessary repairs, until such cross section and statement bave been approved in writing by the Director of Public Works, and the work shall be executed in accordance with such approved cross section and statement, and under the superintendence and to the satisfaction of the Director of Public Works.

14. After and so soon as the said Tramway has been Repair of constructed and laid down the Company shall, at their roads on

which tram- own expense, at all times, maintain and keep in good con-

way laid. dition and repair, with such materials and in such manner as the Director of Public Works shall direct and to his satisfaction, so much of any road whereon any tramway belonging to the Company is laid as lies between the rails of the tramway and (where a double line of tramway is laid by the Company in any road at a distance of unt more than four feet from each other) the portion of the road between the two lines of tramway, and in every case so much of the road as extends eighteen inches beyond the raits of and on each side of any suck tramway. Except as aforesaid the Company shall not be liable to pay for the cost of the maintenance or repair of any road wherea the tramway is luid.

15. The Company shall maintain in good condition and Maintenance repair, and at their proper level so us not to be a danger or and level annoyance to the ordinary traffic, the rails of which the of rails, tramway for the time being consists, and the substructure upon which the same rest; and if the Director of Public Works shall from time to time, or at any time hereafter, alter the level of any road along or across which the tramway shall be laid, then and in such event, and so often as the same shall happen, the Company sball, at their own expense, alter their rails so that the uppermost surface thereof shall be on a level with the surface of the road as altered, and

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