681691-1881-Ordinance-to-lay-down-Tramways-in-Hongkong- — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 18TH JUNE, 1881.

it was before such Tramway was laid thereon, and clear away all surplus paving or metalling material or rubbish occasioned by such work; and they shall in the meantime cause the place where the road is opened or broken up to be fenced and watched and to be properly lighted at night: Provided that, if the Company fail to comply with the pro- visions of this section, the Surveyor General, if he thinks fit, may himself, at any time after seven days' notice to the Company, open and break up the road and do the works necessary for the repair and maintenance or restoration of the road, to the extent in this section above mentioned, and the expense incurred by the Surveyor General in so doing shall be repaid to him by the Company.

VIII. Every Tramway shall be constructed on such gauge as will admit of the use upon such Tramway of carriages constructed for use upon railways of a gauge of not more than 3 feet, 6 inches, and shall be laid in such manner that the uppermost surface of the rail shall be on a level with the surface of the road.

IX. Every such Tramway shall be constructed and maintained as nearly as may be in the middle of the street or road, and shall be so laid that in no part of the line shall a less space than 9 feet be allowed for driving, between the outside of the Tramway cars and the side of the street or road, except in the cases of bridges, streets or other places, where the width may not be sufficient to allow a space of 9 feet at each side, and also in such other places as may be required for the construction of loops for ena- bling the cars or carriages to pass each other, or for the construction of sidings, and such exceptions shall be subject to approval by the Surveyor General.

X. If the Company, after having obtained authority to lay down a Tramway under this Ordinance, do not within three years thereafter complete such Tramway, and open it for public traffic; or

If, within one year from obtaining such authority, the

works are not substantially commenced; or

If the works, having been commenced, are suspended without a reason sufficient, in the opinion of the Governor, to warrant such suspension;

the power given under this Ordinance to the Company for constructing such Tramway, executing such works or otherwise in relation thereto shall cease to be exercised, except as to so much of the same as is then completed, unless the time be prolonged by the special direction of the Governor in Council, and as to so much of the same as is then completed, the Governor may allow the said powers to continue and to be exercised, and where such permission is withheld, then so much of the said Tramway as is then completed shall be deemed to be a Tramway to which all the provisions of this Ordinance relating to the discontin- uance of Tramways, after proof of such discontinuance, shall apply, and may be dealt with accordingly.

XI. If at any time after the opening of any Tramway for traffic the Company discontinue the working of such Tramway or of any part thereof for the space of six' calendar months (such discontinuance not being occasioned by circumstances beyond the control of such Company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control), and such discontinuance is proved to the satisfaction of the Governor in Council, it shall be lawful for the Governor in Council by order to declare that the powers of the Company in respect of such Tramway, or the part thereof so discon- tinued, shall, from the date of such order, be at an end, and thereupon the said powers of the Company shall cease and determine. 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, remove the Tram- way or part thereof 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, and if the Company fail to pay the amount of such cost within one calendar month after delivery to them of the amount thereof, the Governor in Council may, without any previous notice to the Company (but without prejudice to any other remedy for the recovery of the amount) sell and dispose of the materials of the Tramway or part of Tram- way removed, either by public auction or private sale, and for such sum or sums and to such person or persons as the Governor in Council may think fit, and may, out of the

Proviso.

As to gauge and level of rails.

Tramway to

be constructed as near as may be in the middle of the street.

Exception as

to bridges,

In case of cominence- ment or suspension,

or non- completion and opening of Tramway within three years, power of Company to

cease.

Governor in Council may extend time.

If the Com- pany discon- tinue the working of Tramway, Governor may declare that the powers of Company shall 0ease and determine.

Removal of Tramway discontinued.

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