123
124
No. 10 of 1902.
15
14
Tramway not to be opened until certified fit for traffic.
Procedure
when public not afforded full benefit
No. 10 of 1902.
TRAMWAY.
Section of the tramway or works, or in relation to any work or proceeding of the Director of Public Works, or with respect to the propriety of or the mode of execution of any work relating to the tramway, or with respect to the cost of the maintenance or repair of any road along or across which the tramway passes, or with respect to the amount of any compensation to be made by or to the company, or on the question whether any work is such as ought to satisfy the Director of Public Works, or with respect to other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by a special case, or, if there are any facts in dispute, by an action.
any
25. Neither the tramway nor any portion thereof shall be opened for public traffic until the same has been certified to be fit for such traffic by the Director of Public Works or other officer duly appointed in writing for that purpose by the Governor in Council, and the Governor in Council has, by notification in the Gazette, authorised the same to be opened for such traffic.
[s. 26, rep. No. 1 of 1912.]
Insufficient user of tramway.
27. If it shall be represented in writing to the Governor in Council by the Director of Public Works or by twenty inhabitant ratepayers that the public are not afforded the full of tramway, benefit of the tramway, the Governor in Council may (if satisfied that prima facie the case is one for inquiry) appoint an officer to inquire into the matter and to hold an inquiry and report thereon, and, if the truth of the representation shall be proved, the Governor in Council may issue an order to the company, requiring it 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 shall run upon the tramway, and the mode and times in and at which such cars shall be run. Every such order shall be served upon the company within forty-eight hours after it shall have been made, and shall be published in the Gazette next following the making thereof. Provided that the Governor in Council shall, before issuing any such order, be satisfied that under good and economical manage- ment the prescribed service will be fairly remunerative to the company; and that, after the company shall have com-
TRAMWAY.
plied with such order for not less than thirty days, the Governor in Council may on the application of the company revoke or modify any such order.
on non-
28. If for the period of three months after the service of Procedure such order the company shall fail or neglect to comply there- compliance with, the tramway shall be deemed to be a tramway to which with order. all the provisions of this Ordinance relating to the discon- tinuance of the tramway after proof of such discontinuance shall apply, and it may be dealt with accordingly.
Discontinuance of tramway.
uance of tramway.
29. If the company discontinues the working of the tram- Discontin- way or of any part thereof for the space of six months (such discontinuance not being occasioned by circumstances beyond the control of the company, for which purpose the want of sufficient funds shall not be considered a circum- stance beyond its control) and such discontinuance is proved to the satisfaction of the Governor in Council, the Governor in Council may 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 cease and determine, unless the same are purchased by the Govern- ment 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 certificate to that effect of the Governor in Council, remove the tramway or part of the tramway so discontinued, and the company shall to the Director of Public Works the cost of such
pay removal and of the making good of the road by the Director of Public Works, such cost to be certified by him, and his certificate shall be final and conclusive, and if the company fails to pay the amount so certified within two months after delivery to it 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 dispose of the materials of the tramway or part of the tram- way removed, either by public auction or private contract and for such sum and to such person as he may think fit, and may out of the proceeds of such sale reimburse himself the amount of the cost certified as aforesaid, and of the cost
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