681691-1881-Ordinance-to-lay-down-Tramways-in-Hongkong- — Page 7

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THE HONGKONG GOVERNMENT GAZETTE, 18TH JUNE, 1881.

Penalty for offences as to fares.

Power to seize persons com- mitting offence.

Goods of a dangerous pature.

Penalty for using Tram- way without authority from Com- pany.

Liability of Company for accidents, damages, and injuries.

Company not to acquire any right other than user of roads.

Recovery of tolls, penal- ties, rates and charges.

Powers of Sur veyor General and police not to be limited.

2nd. Does, or causes to be done, anything in such manner as to obstruct any carriage using a Tram- way, or to endanger the lives of persons therein or thereon;

3rd. Or knowingly aids or assists in the doing of any

such things;

He shall, for every such offence, be liable (in addition to any proceedings by way of indictment or otherwise to which he may be subject), to a penalty not exceeding twenty-five dollars.

XXI. If any person travelling, or having travelled in any carriage on any Tramway avoids, or attempts to avoid payment of his fare, or if any person, having paid his fare for a certain distance, knowingly and wilfully proceeds in any such carriage beyond such distance, and does not pay the additional fare for the additional distance, or attempts to avoid payment thereof; or if any person knowingly or wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit such carriage, every such person shall, for every such offence, be liable to a penalty not exceeding twenty-five dollars.

XXII. It shall be lawful for any officer or servant of the Company, and all persons called by him to his as- sistance, to seize and detain any person discovered either in the committing or attempting to commit any such offence as in the next preceding section is mentioned, and whose name or residence is unknown to such officer or servant, until such person can be conveniently taken before a Justice, or until he be otherwise discharged by due course of law,

XXIII. No person shall be entitled to carry or to require to be carried on any Tramway any goods which may be of a dangerous nature, and if any person send by any Tramway any such goods without distinctly marking their nature on the outside of the package con- taining the same, or otherwise giving notice in writing to the Book-keeper or other servant with whom the same are left at the time of such sending, he shall be liable to a penalty not exceeding one-hundred dollars for every such offence; and it shall be lawful for the Company to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact.

XXIV. If any person (except under a Lease from or by agreement with the Company) uses a Tramway or any part thereof with carriages having flange wheels, or other wheels suitable only to run on the rail of such Tramway, such person shall, for every such offence, be liable to a penalty not exceeding one-hundred dollars,

Miscellaneous.

XXV. The Company shall be answerable for all accidents, damages, and injuries happening through their act, or de- fault, 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 Companies, or bodies collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries.

XXVI. Notwithstanding anything in this Ordinance contained, the Company shall not acquire, or be deemed to acquire any right other than that of user of the roads or streets along or across which they lay any Tramway.

XXVII. All tolls, penalties, rates and charges under this Ordinance, or under any regulation made in pursuance of this Ordinance, may be recovered in a summary way before a Police Magistrate,

XXVIII. Nothing in this Ordinance shall limit the powers of the Surveyor General or Police to regulate the passage of any traffic along or across any road along or across which any Tramway is laid down, and the Surveyor General or 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.

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