1901_TRAMWAYS_ORDINANCE__1883 — Page 12

394

Settlement of difference

between

Company and Surveyor General.

Tramways not to be opened until certified, etc. See marginal

note to s. 5.

Cesser of

powers on occurrence of certain defaults.

No. 21 THE ORDINANCES OF HONGKONG: [A.D. 1883.

ernor-in-Council may direct that any expense thereby incurred shall be paid by either of the parties.

24. If any difference arises between the Company on the one hand and the Surveyor General on the other hand with respect to any interference or control exercised or claimed to be exercised by the Company or the Surveyor General, by virtue of this Ordinance, in relation to any tramway or work, or in relation to any work or proceeding of the Surveyor General, or with respect to the propriety or the mode of execution of any work relating to any tramway, or with respect to the cost of the maintenance or repair of any road along or across which any tramway passes, or with respect to the amount of any compensation to be made by or to the Company, or on the question whether any work is such as ought to satisfy the Surveyor General, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by the Governor-in-Council, on the application of either party,

25. None of the said tramways shall be opened for public traffic until the same has been certified to be fit for such traffic by the Surveyor General or other officer duly appointed in writing for that purpose by the Governor-in-Council, and the Governor-in-Council has, by notification in The Gazette, authorized the same to be opened for such traffic,

Cesser of Powers in certain Events.

26.-(1.) In the following events, namely,--

(a.) if the Company does not, within three years after the time at which it might, under this Ordinance, have commenced the construction of any one or more of the tramways hereby authorized, complete and open the same for public traffic; or

(b.) if, within one year after the time aforesaid, the construction of any one or more of such tramways is not, in the opinion of the Governor-in-Council, substantially commenced; or

(c.) if the construction of any one or more of such tramways that has or have been commenced is suspended without a reason sufficient, in the opinion of the Governor-in-Council, to warrant such suspension,

the powers hereby given to the Company for constructing such tramways so not completed or commenced, or so suspended as aforesaid, or otherwise in relation thereto, shall cease to be exercised, unless the time is prolonged by the Governor-in-Council, and, as to so much of each or any of such tramways as is then completed, the Governor-in-Council may allow the said powers to continue and to be exercised, if he thinks fit, but, failing such permission, the same shall cease to be exercised, and

A.D. 1883

where such respective which all

of tramway dealt with

(2.) A ... declaring traffic, or them, has or that such shall be ... non-compliance

27. If,

been for the

ing to the Colony that

or part the facie the case of the truth to any company for such to be approved provisions,

(1.) the

more

renew

fit;

(2.) the

time

tramway

cause

(3.) the

see or

which

(4.) the

to its

tramway

(5.) the ... permit

pany riage