CO129-306 - Governor Sir Blake - 1901 [8-9] — Page 521

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Bishod by the Governor in Council in the Gazette declaring that the tramway has not been completed and opened for public traffic, or that the construction of the trainway has not been substantially commenced within the time aforesaid, or that such construction has been suspended without sufficient reason, shalt be conclusive evidence for the puc poses of this section of such non-completion non-commence- ment or suspension.

Insufficient User of Tramway,

full benefit

27. If at any time after the tramway shall have been Procedure for three years opened for public traffic it shall be repre- when Public sented in writing to the Governor in Council by the Director por afforded of Public Works or by twenty inhabitant ratepayers of the of tramway, Colony of Hongkong that the Public are not afforded the full benefit of the tramway, the Governor in Council may (if satisfied that prima facie the ease is one for enquiry) appoint an officer to enquire into the matter aud to hold an enquiry and report thereon, and, if the truth of the represent- ation shall be proved to the satisfaction of the Governor in Council, the Governor in Council ny issue an order to the Company, requiring them to provide such a service of cars as will afford to the Public the full benefit of the tramway, and such order may prescribe the number of cars which the Company shali rum upon the tramway, and the mode and times in and at which such cars shall be ruu. Every such order shall be served upon the Company within 48 hours after it shall have been runde, and shall bo published in the Gazette next following the making thereof, Provided that the Governor in Connell shall, before issuing any such order, be satisfied that under good and economical management the prescribed service will be fairly remouer- ative to the Company; and that, after the Company shall bave complied with such order for not less than thirty days, the Governor in Conneil may on the application of the Company revoke or modify any such order.

with order.

28. If for the period of three months after the service Procedure of such order upon the Company the Company shall fail or on non- neglect to comply therewith, the tramway shall he deemed compliance to be a tramway to which all the provisions of this Ordi- sance relating to the discontinuance of the tramway after proof of such discontinuance shall apply and may be dealt with accordingly.

Discontinuance of Tramway.

29. If at any time after the opening of the tramway for Disconti- traffic the Company discontinue the working of the tramway nuance of or of any part thereof for the space of six months (such tramway. discontinuance not being occasioned by circumstances be- yond the control of the Company, for which purpose the want of sufficient funds shall not be considered a cireum- stance beyond their control) and such discontinuance is proved to the satisfaction of the Governor in Council, the Governor in Council muy by order declare that the powers of the Company in respect of the tramway or the part thereof so discontinued shall from the date of such order be at an end, and thereupon the powers of the Company shall censo and determine, unless the same are purchased by the Government in manner by this Ordinance provided. Where any such order has been made the Director of Public Works may, at any time after the expiration of two months from the date of such order, under the authority of a certi- ficate to that effect of the Governor in Council, remove the tramway or part of the tramway so discontinued, and the Company shall pay to the Dircetor of Public Works the cost of sneb removal and of the making good of the road by the Director of Public Works, such cost to be errtified by the Director of Public Works, whose certificate shall be final and conclusive; and if the Company fail to pay the umonnt so certified within two mouths after delivery to them of such certificate or a true copy thereof, the Director of Public Works 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 dis- pose of the materials of the tramway or part of the tramway removed, either by public auction or private contract and for such sun or sums and to such person or persous as be may think fit, and may out of the proceeds of such salo reimburse himself the amount of the cost certified as afore- said, and of the cost of sale, and the balance, if any, of the proceeds of sale shall be paid to the Company,

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