CO129-545-7 Telegraphy and Telephony- amendments to legislation 1-11-1933 - 24-3-1934 — Page 51

44

No. 9.1

Penalty for breach of section 33.

Penalty for breach by Company of any of its obligations.

Power for Government to take over the under-

taking in certain events.

TELEPHONE.

[A.D. 1925.

41. If upon any reference to arbitration it shall be held that the Company has committed any breach of section 33, the arbitrators shall require the Company to pay the Treasurer such sum as the Governor in Council shall think fit not exceeding one hundred dollars for every such breach and such further sum as the Governor in Council shall think fit not exceeding twenty dollars for every month during which such breach shall continue after due notice thereof has been given by the Government to the Company.

42. In the every of any breach by the Company of any of its obligations under this Ordinance, or under any Regulation made thereunder, other than any such breach as is referred to in section 33, the Company shall, without prejudice to the provisions of section 43, forfeit to the Government a penalty, payable to the Treasurer, of 100 dollars per day, for every day after the Company has received from the Director notice of any such breach and has in the opinion of the Governor in Council had a reason- able opportunity of remedying such breach, during which any such breach continues.

43. If the Company shall :-

(a) fail or neglect to execute and do all such assur- ances and things as shall be necessary for taking over the existing telephone undertaking and for performing its obligations under this Ordinance,

or

(b) go into liquidation (otherwise than for the pur-

pose of reconstruction), or

(c) cease to carry on business, or

(d) sell its undertaking of any part thereof or assign the benefit of the concession without the consent in writing of the Governor in Council or if upon any reference the arbitrators shall find :

(1) that the system of the Company has ceased to be in regular operation for thirty-one consecutive days (except where such cessation shall in the opinion of the Governor in Council have been caused by stress of weather or any other cause of whatsoever nature beyond the Company's control), or

A