680176-1882-Bill-read-a-first-time--Tramways-Ordinance- — Page 7

952

THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.

Rights of Companies,&c. to open roads.

Difference between

Company and others (other than the Surveyor General,)

with such notice all necessary particulars relating thereto, nor until the Surveyor General shall have signified his approval of the same, unless he do not signify his approval, disapproval, or other directions within fourteen days after service of the said notice and particulars as aforesaid; and the Company shall comply with the directions of the Surveyor General in the execution of the said works, and shall provide by new altered or substituted works, in such manner as the Surveyor General shall require, for the proper protection of, and for preventing injury or impedi- ment to, the sewers and works hereinbefore referred to by or by reason of the Tramways, and shall save harmless the Surveyor General against the expense occasioned thereby; and all such works shall be done by or under the superin- tendence of the Surveyor General at the cost and expense of the Company, and when any new, altered or substituted work shall be completed by, or at the costs or expenses of, the Company under this Ordinance, the same shall there- after be as completely under the control of the Surveyor General, and be maintained by him, as any other sewers or works.

21. Nothing in this Ordinance shall take away or abridge any power to open or break up any road along or across which any Tramway is laid, or any other power now or hereafter to be vested in any other Company, or persons or person, for the doing of any matter or thing, which such Company or such persons or person is are or will be authorized to do, but, in the exercise of such power, every such other Company, or persons or person, shall be subject to the following restrictions (that is to say):-

(1.) They shall cause as little detriment or incon- venience to the Company as circumstances aduit. (2.) Before they commence any work whereby the traffic on the Tramway will be interrupted, they shall (except in cases of urgency, in which case notice of the commencement of such work shall be given to the Company within twenty-four hours after such commencement) give to the Company and the Surveyor General notice of their intention to commence such work specifying the time at which they will begin to do so, such notice to be given twenty-four hours at least before the com- mencement of the work.

(3.) They shall not be liable to pay to the Company any compensation for loss of traffic occasioned thereby, or for the reasonable exercise of the powers so vested in them as aforesaid. (4.) Whenever, for the purpose of enabling them or him to execute such work, such other Company, or persons or person, shall so require, the Com- pany shall either stop traffic on that portion of the Tramway to which such notice shall refer, where it would otherwise interfere with such work or shore up and secure the same at their own risk and cost during the execution of the work there. Provided that such work shall always be com- pleted by such other Company, or persons or person, with all reasonable expedition. (5.) Any such other Company, or persons or person, shall not execute such work so far as it immedi- ately affects the Tramways, except under the superintendence of the Company, unless the Com- pany do not give such superintendence at the time specified in the notice for the commencement of the work, or permanently discontinue the same during the progress of the work, and they or he shall execute such work at their or his own expense and to the reasonable satisfaction of the Company.

22. If any difference arises between the Company, on the one hand, and any other Company, or person (other than the Surveyor General) to whom any sewer, drain, or other purposes tube, wires or apparatus, for telegraphic may belong, on the other hand, with respect to any inter- ference or control exercised, or claimed to be exercised, by such other Company, or such person, or on their, or his, behalf, or by the Company, by virtue of this Ordinance, in relation to any Tramway or work, or in relation to any work or proceeding of such other Company, or such person, or with respect to the propriety of, or the mode of execution of, any work relating to any Tramway, or with respect to the amount of any compensation to be made by or to the Company, or on the question