541206-1905-Tramway-Bill — Page 8

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THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.

appoint an officer to enquire into the matter and 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 may issue an order to the Promoter, requiring him 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 Promoter 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 Promoter 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 management the prescribed service will be fairly remuner- ative to the Promoter; and that, after the Promoter shall have complied with sneh order for not less than thirty days, the Governor in Council may on the application of the Promoter revoke or modify any such order.

n com-

pliance with

orden.

Procedure on [24.] If for the period of three months after the servicc [20.]

of such order upon the Promoter the Promoter shall fail or neglect to comply therewith, the tramway shall be deemed to be a tramway to which all the provisions of this Ordi- nance relating to the discontinuance of the tramway after proof of such discontinuance shall apply and may be dealt with accordingly.

Discon- tinuance of tramway.

in case of insolvency of Promoter.

Discontinuaner of Tramway.

[25.] If at any time after the opening of the tramway for [21.] traffic the Promoter discontinues the working of the tramway or of any part thereof for the space of six months (such discontinuance not being occasioned by circumstances be- yond the control of the Promoter for which purpose the want of sufficient funds shall not be considered a circum- stance beyond his control) and such discontinuance ie proved to the satisfaction of the Governor in Council, ths Governor in Council may by order declare that the powers of the Promoter 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 Promoter shall cease and determine, unless the same are purchased by the Government in manner by this Ordinance providel. 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- fieate to that effect of the Governor in Council, remove the tramway or part of the tramway so discontinued, and the Promoter shall pay to the Director of Public Works the cost of such removal [and of the making good of the road] by the Director of Public Works, such cost to be certified by the Director of Public Works, whose certificate shall be final and conclusive; and if the Promoter fails to pay the amount so certified within two months after delivery to him of such certificate or a true copy thereof, the Director of Public Works may (without any previous notice to the Promoter 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 sum or suns and to such person or persons as he may think fit, and may out of the proceeds of such sale 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 Promoter.

Insolvency of Promoter.

Procedings [26.] If at any time after the opening of the tramway or any portion thereof for traffic it appears to the Governor in Council that the Promoter is insolvent, so that he is unable to maintain the tramway or such portion thereof as has been opened for traffic or work the same with advan- tage to the public, the Governor in Council may enquire into the financial affairs of the Promoter and, if satisfied that the Promoter is so insolvent as aforesaid, may by order declare that the powers of the Promoter shall, at the expi- ration of six months from the making of the order, be at au end, and the powers of the Promoter shall cease and determine at the expiration of the said period unless the same are purchased by the Government in manner by this Ordinance provided, and thereupon the Director of Public Works may remove the tramway in like manner and subject

[22.]