THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.
rails of their Tramways, and, subject to this Ordinance, the Company shall have the exclusive use of their Tram- ways for carriages with flange-wheels, or other wheels suitable only to run on the said rails, and no carriage or engine used on any of the Tramways Nos. 1, 2, 3, 4 and 5 shall exceed six feet four inches in width.
Power to sell.
45. Subject to the approval of the Governor in Council being first obtained (but not otherwise) the Company may, at any time and from time to time, sell, assign, or absolutely dispose of their undertaking, or any part, or parts thereof, to such person or persons, Corporation or Company, 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 conditions in all respects as the Company 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 Company in respect to the undertaking, or part or parts thereof sold, assigned, or absolutely disposed of, shall be transferred 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 disposed of, in like manner as if the undertaking, or part or parts thereof sold, assigned, or absolutely disposed of, was or were cons- tructed by such person or persons, Corporation, or Com- pany, 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 Company.
Power to lease.
46. Subject to the approval of the Governor in Council being first obtained (but not otherwise) the Company may, at any time and from time to time, demise their undertaking, or any part or parts thereof, to such person or persons, Corporation or Company, for such term or terms of years, or from year to year, or for any less period, and for such rent or rents, and upon such terms and con- ditions in all respects, as the Company shall think fit to adopt, to take effect either in possession or at some future date, and either with or without a premium or premiums as a consideration or considerations for such demise or demises.
Power to Mortgage.
47. It shall be lawful for the Company from time to time or at any time to borrow money on mortgage of all or any part of their undertaking, and for that purpose to assign or demise by way of mortgage all or any portion of their lands, messuages or tenements, erections, buildings, works, rolling stock, plant, machinery, chattels and effects, to any person or persons, Corporation or Company, and to enter into all such covenants, provisos, declarations and agreements as the Company shall think fit or proper.
Rights of Government.
48. The Governor in _Council_may, at any time or times and at all times, by order direct that precedence over the Company and all other persons, in the user of the Tramways hereby authorised, or any or either of them, be taken for defensive or military purposes, or for the passage of troops and war material, on giving to the Company, on each occasion of such user, three clear days notice.
49. The Governor in Council shall direct the payment to the Company for such user as aforesaid of such tolls as shall be agreed on, or, if no agreement shall be come to. then the amount of such tolls to be paid shall be deter- mined upon petition to the Court in a summary way.
Traffic upon Tramways.
50. The Tramways may be used for the purpose of conveying passengers, animals, goods, merchandize, minerals, and parcels.
51. Save and except passengers' luggage not exceeding sixteen pounds in weight, or one cubic foot in measurement, the Company shall not be bound to carry, unless they think fit, any animals, goods, merchandize, minerals or parcels.
Power to sell.
Power to Terso.
Power tu mortgage.
Rights of
Government.
Government to pay tolls.
Traffic upor Traзnways.
Company not bound to carry goods.
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