THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
by this Ordinance provided. Where any such order has been made, the Surveyor General may, at any time after the expiration of six months from the date of such order, under the authority of a certificate to that effect by the Governor in Council, remove the Tramway, or part of the Tramway so discontinued, and the Company shall pay to the Surveyor General the cost of such removal, and of the making good of the road by the Surveyor General, such cost to be certified by the Surveyor General, whose certifi- cate shall be final and conclusive. And if the Company fail to pay the amount so certified within two months after delivery to them of such certificate, or a true copy thereof, the Surveyor General may, without any previons notice to the Company (but without prejudice to any other remedy which he may have for the recovery of the amount) sell the materials of the Tramway, or part of Tramway re- moved, in such manner as the Surveyor General may think fit, and may out of the proceeds reimburse himself the amount of the cost certified as oforesaid, and of the cost of sale, and the balance, if any, of the proceeds shall be paid to the Company.
Insolvency of Company.
33. If at any time after the opening of any Tramway for traffic, it appears to the Governor in Council that the Company are insolvent, so that they are unable to maintain such Tramway, or work the same, with advantage to the public, the Governor in Council may, by writing, direct some fit and proper person to enquire into the financial affairs of the Company and report thereon to him, and if, after receiving such report, the Governor in Council shall be of opinion that the Company are so insolvent as afore- said, he may by order declare that the powers of the Company shall, at the expiration of six months from the making of the order, be at an end, and the powers of the Company shall cease and determine at the expiration of the said period unless the same are purchased, or leased, or mortgaged, in manner by this Ordinance provided, and thereupon the Surveyor General may remove the Tram- way in like manner, and subject to the same provisions as to the payment of the costs of such removal, and to the same remedy for recovery of such costs in every respect, as in cases of removal under the next preceding section.
Purchase of Tramways.
34. The Governor in Council may, within six months after the expiration of a period of twenty-one years, from the time when the Company were empowered to construct the said Tramways, and within six months after the expi- ration of every subsequent period of seven years, or within three months after any order made by the Governor in Council under either of the two next preceding sections, by notice in writing require the Company to sell, and thereupon the Company shall sell, to the Governor in, Council their undertaking, upon terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever) of the Tramways, and all lands, buildings, works, materials and plant of the Company suitable to and used by them for the purposes of their undertaking, such value to be, in case of difference, determined by the Chief Justice for the time being of the Colony of Hongkong in the manner hereinafter provided for the determination of cases of disputed value or com- pensation, exceeding the sum of one thousand dollars, to be paid for the purchase of lands otherwise than by agree- ment, and the expenses of the reference shall be borne and paid as the said Chief Justice directs, and, when any such sale has been made, all the rights, powers and authorities of the Company in respect of the undertaking sold, or, where any order has been made by the Governor in Council under either of the next preceding sections, all the rights, powers and authorities of the Company previous to the making of such order in respect of the undertaking sold, shall be transferred to, vested in, and may be exercised by, the Governor in Council, in like manner as if such Tram- ways were constructed by the Governor in Council under the powers conferred upon him by this Ordinance, and in reference to the same he shall be deemed to be the Com- pany. Any such sale as aforesaid shall be made subject to any then existing lease or mortgage made under or in pursuance of the provisions of this Ordinance.
Proceedings In euse of insol- Veucy of Company.
Purchase by Government
of Tramways.
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