680176-1882-Bill-read-a-first-time--Tramways-Ordinance- — Page 32

Government Gazette 政府憲報 轅門報 All

THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.

place appointed for that purpose having been paid or endered a reasonable sum for his expenses or if any person appearing shall refuse to be examined upon oath or to give evidence before such Magistrate every such person shall forfeit a sum not exceeding fifty dollars for every such offence.

139. The Magistrate before whom any person shall be convicted of any offence against this Ordinance may cause the convictio.. to be drawn up according to such form as he shall think fit.

140. No proceeding before a Magistrate in pursuance of this Ordinance shall be quashed or vacated for want of form or removed by certiorari or otherwise into the Court.

141. 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.

142. 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.

143. Notwithstanding anything in this Ordinance con- tained 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 or the part thereof along or across which such Tramway is laid be the property of the Company.

144. Nothing in this Ordinance shall limit the powers of the Police to regulate the passage of any 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.

145. 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.

146. Notwithstanding anything in this Ordinance con- tained the Company and any persons using the Tramways shall be subject and liable to the provisions of any general act now in force or which may hereafter be passed in the Colony of Hongkong relating to Tramways or by which any tax or duty may be granted or imposed for or in respect of Tramways or the passengers or traffic conveyed thereon or to any future revision or alteration under the authority of the Government of the said Colony of the maximum rates of tolls or charges authorized by this Ordinance and to any condition, regulation, or restriction, which may be imposed upon the use of Tramways of animal power, steam power, or any mechanical power, by any such general act as aforesaid.

147. 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.

148. 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.

Form of conviction.

Proceedings

not to be Quashed for want of form.

False

witnesses.

Company to be responsible for all damage.

Right of user only acquired.

Power to Police to regulatu traffic.

Rights of public

reserved.

Saving for general Ordinances.

Reservation of rights of the Crown.

Suspending clause.

977

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