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THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
Recovery of tolls, &c.
By distress.
Distress not unlawful for want of form.
False wit- Dosses,
Company to ba responsible for all damage,
Right of user only acquired.
Power to
Police to regulate traffic.
Rights of public reserved.
Reservation of rights of the Crown.
Suspending
clause,
thereof, such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action or suit, and, if no such tender shall have been made, it shall be lawful for the defendant, by leave of the Court where such action or snit shall be pending, at any time, before answer filed, to pay into Court such sum of money as he shall think fit, and thereupon such proceed- ings shall be had as in other cases where defendants are allowed to pay money into Court.
CXXXVII. All tolls, penalties, rates, and charges made or incurred under or by virtue of this Ordinance shall except where otherwise provided be recovered, levied, and distributed on conviction of the offender before any Magistrate of Police or any two Justices of the Peace in the manner provided by Ordinance No. 10 of 1844.
CXXXVIII. If the amount of the tolls, penalties, rates, or charges, be not forthwith paid, the amount thereof shall be levied by distress, and any Magistrate shall issue his warrant of distress accordingly. The said amount shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying the amount due, and the expenses of the dis- tress and sale, shall be returned on demand to the party whose goods shall have been distrained.
CXXXIX. No distress levied by virtue of this Ordi- nance shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of dis- tress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect, or irregularity, may recover full satisfaction for the special damage in an action or suit upon the case.
CXL. Any person who, upon any examination upon oath under this Ordinance, shall wilfully and corruptly give false evidence shall be liable to the penalties of wilful and corrupt perjury.
CXLI. The Company shall be answerable for all acci- dents, damages, and injuries happening through their act, or default, or through the act or default of any person in their employment, by reason or in consequence of any of their works or carriages, and shall save harmless all other Com- panies, or bodies, collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries.
CXLII. Notwithstanding anything in this Ordinance contained the Company shall not acquire any right other than that of user of the roads along or across which they lay any Tramway, unless such road be the property of the Company.
any
CXLIII. Nothing in this Ordinance shall limit the powers of the Police to regulate the passage of
traffic along or across any public road along or across which any Tram- way is laid down, and the Police may exercise their powers as well on as off the Tramway, and with respect as well to the traffic of the Company as to the traffic of other persons, and in particular nothing in this Ordinance shall limit the power of the Captain Superintendent of Police to make regulations under and exercise the powers conferred on him by Ordinance No. 10 of 1869.
CXLIV. Nothing in this Ordinance, or in any regulation or bye-law made hereunder, shall take away or abridge the right of the public to pass along or across every or any part of any public road along or across which any Tramway is laid whether on or off the Tramway with carriages not having flange-wheels, or wheels suitable only to run on the rail of the Tramway.
CXLV. The powers and privileges given by this Ordi- nance are so given saving and reserving always the rights of Her Majesty and of all bodies politic and corporate, and of all other persons except such as are mentioned in this Ordinance and those claiming by, from, and under them. CXLVI. This Ordinance shall not come into operation until it has received Her Majesty's assent, and such assent has been duly notified by Proclamation in the Gazette.
Passed the Legislative Council of Hongkong, this 9th day of February, 1882.
ARATHOON SETH,
Clerk of Councils.
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