A.D. 1883.]
TRAMWAYS.
[No. 2.
397
...ting of shown respect for the detain om the and sell 10 such he tolls ion and of the ervant, d to be y such ry car- cer or 5 with ie shall ntitled rs, and of the due to ng the ler the mmary led for hall be in the of.
lamage Jersons. erty of gainst on may istrate, mpany, lessees, or persons injured, as the case may be, the damage, to be ascertained by such Magistrate, so that the same does not exceed two hundred and fifty dollars.
Discontinuance of Tramways.
33.--(1.) If, at any time after the opening of any tramway for traffic, Discontinu- the Company discontinues the working of such tramway or of any part thereof for the space of six months, (such discontinuance not being occasioned by circumstances beyond the control of the Company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond its control), and such discontinuance is proved to the satisfaction of the Governor-in-Council, the Governor-in-Council may, by order, declare that the powers of the Company in respect of such tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the Company shall cease and determine, unless the same are purchased by the Government in the manner provided by this Ordinance.
(2.) Where any such order has been made, the Surveyor General may, at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect by the Governor-in-Council, remove the tramway or part of the tramway 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, such cost to be certified by the Surveyor General, whose certificate shall be final and conclusive.
(3.) If the Company fails to pay the amount so certified within two months after delivery to it of such certificate or a true copy thereof, the Surveyor General may, without any previous notice to the Company (but without prejudice to any other remedy which he may have for the recovery of the amount), sell and dispose of the materials of the tramway or part of the tramway removed, either by public auction or private sale and for such sum or sums and to such person or persons as he may think fit, and may, out of the proceeds of such sale, reimburse himself the amount of the cost certified as aforesaid and of the cost of sale, and the balance, if any, of the proceeds of sale shall be paid to the Company.
Insolvency of Company.
34. If, at any time after the opening of any tramway for traffic, it appears to the Governor-in-Council that the Company is insolvent, so that it is unable to maintain such tramway or work the same with advantage to the public, the Governor-in-Council may inquire into the financial affairs of the Company, and if the Governor-in-Council is of opinion that the Company is so insolvent as aforesaid, he may, by order, declare that
1Page 16
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has been rewritten to meet the exact format required as below:A.D. 1883.
TRAMWAYS.
[No. 2.
397
...ting of shown respect for the detain om the and sell 10 such he tolls ion and of the ervant, d to be y such ry car- cer or 5 with ie shall ntitled rs, and of the due to ng the ler the mmary led for hall be in the of. lamage Jersons. erty of gainst on may istrate, mpany, lessees, or persons injured, as the case may be, the damage, to be ascertained by such Magistrate, so that the same does not exceed two hundred and fifty dollars.
Discontinuance of Tramways.
33.--(1.) If, at any time after the opening of any tramway for traffic, the Company discontinues the working of such tramway or of any part thereof for the space of six months, (such discontinuance not being occasioned by circumstances beyond the control of the Company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond its control), and such discontinuance is proved to the satisfaction of the Governor-in-Council, the Governor-in-Council may, by order, declare that the powers of the Company in respect of such tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the Company shall cease and determine, unless the same are purchased by the Government in the manner provided by this Ordinance.
(2.) Where any such order has been made, the Surveyor General may, at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect by the Governor-in-Council, remove the tramway or part of the tramway 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, such cost to be certified by the Surveyor General, whose certificate shall be final and conclusive.
(3.) If the Company fails to pay the amount so certified within two months after delivery to it of such certificate or a true copy thereof, the Surveyor General may, without any previous notice to the Company (but without prejudice to any other remedy which he may have for the recovery of the amount), sell and dispose of the materials of the tramway or part of the tramway removed, either by public auction or private sale and for such sum or sums and to such person or persons as he may think fit, and may, out of the proceeds of such sale, reimburse himself the amount of the cost certified as aforesaid and of the cost of sale, and the balance, if any, of the proceeds of sale shall be paid to the Company.
Insolvency of Company.
34. If, at any time after the opening of any tramway for traffic, it appears to the Governor-in-Council that the Company is insolvent, so that it is unable to maintain such tramway or work the same with advantage to the public, the Governor-in-Council may inquire into the financial affairs of the Company, and if the Governor-in-Council is of opinion that the Company is so insolvent as aforesaid, he may, by order, declare that
1Page 16
1883.
A.D. 1883.]
TRAMWAYS.
[No. 2.
397
ting of shown
respect for the detain om the and sell
10 such
he tolls
ion and
of the
ervant, d to be y such
ry car-
cer or
5 with
ie shall ntitled
rs, and
of the
due to ng the
ler the
mmary led for
hall be in the
of.
lamage
Jersons.
erty of gainst
on may istrate,
mpany,
lessees, or persons injured, as the case may be, the damage, to be ascer- tained by such Magistrate, so that the same does not exceed two hundred and fifty dollars.
Discontinuance of Tramways.
ance of
33.--(1.) If, at any time after the opening of any tramway for traffic, Discontinu- the Company discontinues the working of such tramway or of any part tramway by thereof for the space of six months, (such discontinuance not being Company. occasioned by circumstances beyond the control of the Company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond its control), and such discontinuance is proved to the satisfaction of the Governor-in-Council, the Governor-in-Council may, by order, declare that the powers of the Company in respect of such tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the Company shall cease and determine, unless the same are purchased by the Govern- ment in the manner provided by this Ordinance.
(2.) Where any such order has been made, the Surveyor General may, at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect by the Governor- in-Council, remove the tramway or part of the tramway 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, such cost to be certified by the Surveyor General, whose certificate shall be final and conclusive.
(3.) If the Company fails to pay the amount so certified within two months after delivery to it of such certificate or a true copy thereof, the Surveyor General may, without any previous notice to the Company (but without prejudice to any other remedy which he may have for the recovery of the amount), sell and dispose of the materials of the tramway or part of the tramway removed, either by public auction or private sale and for such sum or sums and to such person or persons as he may think fit, and may, out of the proceeds of such sale, reimburse himself the amount of the cost certified as aforesaid and of the cost of sale, and the balance, if any, of the proceeds of sale shall be paid to the Company.
Insolvency of Company.
insolvency of
34. If, at any time after the opening of any tramway for traffic, it ap- Proceedings pears to the Governor-in-Council that the Company is insolvent, so that in case of it is unable to maintain such tramway or work the same with advantage Company. to the public, the Governor-in-Council may inquire into the financial affairs of the Company, and if the Governor-in-Council is of opinion that the Company is so insolvent as aforesaid, he may, by order, declare that
1Page 16
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