636949-1897-Bill-read-Kowloon-Godowns-Tramways — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 18TH SEPTEMBER, 1897.

this section, they shall, for every offence (without prejudice to the enforcement of the specific performance of the requirements of this Ordinance, or to any other remedy against them) be liable to a penalty not exceeding one hundred dollars, and to a further penalty not exceeding twenty-five dollars for each day during which any such failure continues after the first day on which such penalty is incurred.

tion,

8. The said Hongkong and Kowloon Wharf and Godown Penalty for Company, Limited, or their assigns shall maintain in good not maintain. condition and repair, and at their proper level so as not to

ing rails, roads, &c. at be a danger or annoyance to the ordinary traffic, the rails their proper of which any of the Tramways authorized by this Ordi- level and in nance for the time being consist, and the turntables, and good condi- other appliances used in connection with such tramways, and the substructure upon which the same rest together with the roadway between the rails of each Tramway and so much of the roadway as extends outside the rails of each Tramway to a width of 18 inches; and if the Director of Public Works shall, from time to time or at any time here- after, alter the level of any road, bridge or culvert along or across which any of the said Tramways shall be laid, then and in such event, and so often as the same shall happen, the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns, shall, at their own expense, alter the rails so that the uppermost surface thereof shall be on a level with the surface of the road, bridge or culvert as altered, and, if the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns, make default in complying with this section, they shall, for every offence, be subject on conviction to a penalty not exceeding twenty-five dollars, and, in case of continuing offence, to a further penalty not exceeding ten dollars for every day after the first on which such default continues.

Council to abate and

9. If at any time after the commencement of the Power for construction of any of the Tramways authorized by this Governor in Ordinance the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns shall fail to remove works proceed therewith for a period of six months, or after the in certain completion thereof, shall disuse the same or any part thereof events. for six months, without affording the Governor in Council some satisfactory reason for the discontinuance or disuse of such Tramway (as the case may be), it shall be lawful for the Governor in Conncil to abate and remove the same, and restore the site to its former condition at the cost of the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns, and the amount of such cost shall be a debt due to the Government, and recoverable against the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns.

10. Subject to the approval of the Governor in Council Power to sell. being first obtained (but not otherwise), the said Hongkong and Kowloon Wharf and Godown Company, Limited, and their assigns may, at any time and from time to time, sell, assign, or absolutely dispose of the said Tramways or any part or parts thereof and the rights conferred by this Ordinance to such person or persons, Corporation or Com- pany, by public auction, or private contract, or partly by public auction and partly by private contract, and with, under and subject to such terms and conditious in all respects as the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns shall think fit, with power at any such sale to fix a reserve price for, or buy in the same, and when any such sale, assignment, or absolute disposal has been made, all the rights, powers, authorities, obligations and liabilities of the said Hongkong and Kowloon Wharf and Godown Company, Limited, and their assigns in respect to the said Tramways or part or parts there- of sold, assigned, or absolutely disposed of, shall be trans- ferred to, vested in, and may be exercised by, and shall attach to the person or persons, Corporation or Company to whom the same has been sold, assigned, or absolutely dis- posed of, in like manner as if the said Tramways or part or parts thereof or the rights hereby conferred, sold, assigned, or absolutely disposed of was or were constructed by such person or persons, Corporation or Company under the powers conferred upon him or them by this Ordinance, and in reference to the same he or they shall be deemed to be the said Hongkong and Kowloon Wharf and Godown Company, Limited, or their assigns.

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