117
Maintenance
rails.
*
No. 10 of 1902.
TRAMWAY.
inches beyond the rails of and on each side of any such Except as aforesaid the company shall not be tramway. liable to pay for the cost of the maintenance or repair of any road whereon the tramway is laid.
15. The company shall maintain in good condition and and level of repair, and at their proper level so as not to be a danger or annoyance to the ordinary traffic, the rails of which the tramway for the time being consists, and the substructure upon which the same rest; and if the Director of Public Works shall at any time alter the level of any road along or across which the tramway shall be laid, then the company shall, at its own expense, alter its rails so that the uppermost surface thereof shall be on a level with the surface of the road as altered, and if the company makes default in complying with any of the provisions of this section, it shall be liable to a fine not exceeding one hundred dollars, and, in case of a continuing offence, to a further fine not exceeding twenty-five dollars for every day after the first on which such default continues.
Roads to be watered.
Temporary tramways may be mado when neces-
sary.
16. The company shall keep those portions of the roads which are occupied by the track of the Sections Nos. 1, 2, 3, 4 and 5 watered to the satisfaction of the Director of Public Works.
17. Where by reason of the execution of any work affecting the surface or soil of any road along which the tramway is laid, it is, in the opinion of the Director of Public Works, necessary or expedient temporarily to remove or discontinue the use of such tramway or any part thereof, the Director of Public Works shall, before such tramway or any part thereof shall be temporarily removed, or the use thereof discontinued, give to the company fourteen days notice at least of the necessity or expediency of such temporary removal or discontinuance, and immediately on receipt of any such notice the company may, subject to such conditions and rules as the Governor in Council may make, construct in the same or any adjacent road, and, subject as aforesaid, maintain so long as necessary a temporary tramway in lieu of the tramway or part thereof so removed or discontinued, and the road on which such temporary tramway is laid shall, subject as aforesaid, be maintained so long as necessary by the Director of Public Works at the expense of the company.
* As amended by Law Ror. Ord., 1924.
TRAMWAY.
No. 10 of 1902.
of road materials
of works.
18. Any paving, metalling, or material excavated by the Application company in the construction of its works from
road under any the control of the Director of Public Works may be applied excavated in by the company, so far as may be necessary, in or towards construction the reinstating of such road, provided such paving, metalling or material are, in the opinion of the Director of Public Works, fit and proper to be used for such purpose, and all surplus paving, metalling or material not so used shall be the property of the company, and shall be removed by the company with all reasonable diligence.
and persons.
19. For the purpose of making, forming, laying down, Protection of maintaining, renewing, altering, adding to, or removing the Departments tramway or any part thereof, the company may, where it is necessary or appears expedient for the purpose of preventing frequent interruption of the traffic by repairs or works in connexion with the same, alter the position of any mains or pipes for the supply of gas or water, or any tubes, wires, standards, poles, or apparatus for telegraphic, telephonic, electric lighting, or any other purposes, subject to the following restrictions:
(1) Before the company shall alter the position of any such mains or pipes, tubes, wires, standards, poles, or apparatus, it shall obtain the written assent of the Director of Public Works to such alteration.
(2) Before laying down the tramway in a road in which any mains or pipes, tubes, wires, standards, poles or apparatus may be laid, the company shall, whether it contemplates altering the position thereof or not, give seven days notice to the Department or person to whom they belong of its intention to lay down or alter the tramway, and shall at the same time deliver a plan of the proposed work. If it appears that the construction of the tramway as proposed would endanger any such main or pipe, tube, wire, standard, pole or apparatus, or interfere with or impede the supply of water or gas, or the telegraphic, telephonic, electric lighting, or other com- munication, such Department or person may give notice to the company to lower or otherwise alter the position of the said mains or pipes, tubes, wires, standards, poles or apparatus in such manner as may be considered necessary; and any difference as to the necessity therefor shall be settled in manner provided by this Ordinance for the settlement of differences between the company and Departments or persons.
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