680176-1882-Bill-read-a-first-time--Tramways-Ordinance- — Page 5

950

THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.

Penalty for not maintain- ing rails at their proper level in good condition.

Temporary Tramways may be made when neces→ sary.

Application of road materials excavated in construction of works.

Company to

Telve sur-

pius paving,

&C.

Provision as to

gas and water

Companies,

&c.

inches beyond the rails of, and on each side of, each Tram- way. Except as aforesaid the Company shall not be liable to pay for the cost of the maintenance or repair of any road whereon any Tramway is laid. In estimating the proportion of cost payable by the Company under this section regard shall be had to the superficial area which that part of the road, the cost of maintaining and repairing of which has to be borne by the Company, bears to the superficial area of the whole of such road, and the Company, before paying any monies due from them under this section, may inspect any contract, or contracts, or specifications, or plans, or other documents, or writings, in the possession, or under the control, of the Surveyor General, or any contractor, or contractors, relating to or stipulating for the maintenance or repair of any road a proportion of the cost of maintain- ing or repairing which they are liable to bear under this section, so that the Company may, before paying any pro- portion of the aforesaid cost, be satisfied that the sum demanded from them is a fit and proper sum to be paid by them, regard being had to the aforesaid mode of estimating the same.

15. The Company shall maintain in good condition and repair, and at their proper level so as not to be a danger or annoyance to the ordinary traffic, the rails of which any of the Tramways for the time being consist, and the substruc- ture upon which the same rest; and, if the Surveyor Ge- neral shall from time to time, or at any time hereafter, alter the level of any road 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 Company shall, at their own expense, alter their rails so that the uppermost surface thereof shall be on a level with the surface of the road as altered, and, if the Company 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 a continuing offence, to a further penalty not exceeding ten dollars for every day after the first on which such default continues.

16. Where by reason of the execution of any work affecting the surface or soil of any road along which any Tramway is laid it is in the opinion of the Surveyor General necessary or expedient temporarily to remove or discon- tinue the use of such Tramway or any part thereof, the Surveyor General shall, before such Tramway, or any part thereof, shall be temporarily removed, or the use thereof discontinued, give to the Company 14 days' notice at least of the necessity or expediency of stich temporary removal or discontinuance, and immediately on receipt of any such notice the Company may, subject to such conditions and regulations as the Surveyor General may from time to time make, construct in the same or any adjacent road, and, subject as aforesaid, maintain, so long as necessary, a temporary Tramway in lieu of the Tramway or part thereof so removed or discontinued, and the road on which such temporary Tramway is laid shall, subject as aforesaid, be ́ maintained so long as necessary by the Surveyor General.

17. Any paving, metalling, or material, excavated bý the Company in the construction of their works from any road under the control of the Surveyor General may be applied by the Company, so far as may be necessary, in or towards the reinstating of such road.

18. The surplus paving, metalling or material not used for any of the purposes in the last section mentioned shall be the property of the Company, and shall be removed by them.

19. For the purpose of making, forming, laying down, maintaining, renewing, altering, adding to, or removing, any of their Tramways, the Company may, from time to time, where it is necessary, or appears expedient, for the purpose of preventing frequent interruption of the traffic by repairs or works in connection with the same, alter the position of any mains or pipes for the supply of gas or water, or any tubes, wires, or apparatus for telegraphic or other purposes, subject to the following restrictions, that is to say:-

(1.) Before the Company shall alter the position of any such mains or pipes, tubes, wires or ap- paratus they shall obtain the written assent of the Surveyor General to such alteration. (2.) Before laying down a Tramway in a road in which any mains, or pipes, tubes, wires or appa- ratus may be laid, the Company shall, whether they contemplate altering the position of any