428
Tender of amends.
Recovery of tolls, etc.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
office of the Company, as the case may be, or by being sent by post in a registered letter addressed, as the case may be, to the clerk or secretary of such other company at its principal office, or to such person at his then present or then last known place of abode or residence or at his office or business premises, or by being so sent by post addressed to the ostensible agent or agents of such person, or other the agent or agents aforesaid, or to the clerk or secretary of the Company at its principal office :
Provided always that any notice required to be given by the Company, as mentioned in section 70, shall in addition be affixed on some conspicuous part of the land affected, or intended to be affected, thereby,
Miscellaneous Provisions.
128.-(1.) If any party has committed any irregularity, trespass, or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action. (2.) If no such tender has been made, it shall be lawful for the defendant, by leave of the Court where such action is pending, at any time before answer filed, to pay into Court such sum of money as he thinks may fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into Court.
129. Every toll, penalty, or forfeiture imposed by this Ordinance or by any Order-in-Council, regulation, or by-law made in pursuance hereof, the recovery of which is not otherwise provided for, may be recovered by summary proceedings before a Magistrate under the provisions of any Ordinance for the time being relating to the jurisdiction of Magistrates and the practice and procedure before them in respect of offences punishable on summary conviction.
Perjury.
Responsibility of Company for damage.
Right of user
130. Every person who, on any examination upon oath under this Ordinance, wilfully and corruptly gives false evidence shall be liable to the penalties of wilful and corrupt perjury.
131. The Company shall be answerable for all accidents, damages, and injuries happening through its act or default, or through the act or default of any person in its employment, by reason or in consequence of any of its works or carriages, and shall save harmless all other companies or bodies, collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries.
132. Notwithstanding anything in this Ordinance, the Company shall
A.D. 188
not acquire any right which it ...
133. Nothing herein contained shall empower the Governor to regulate the use of any tramway or tramway carriage running along or upon any tramway constructed or worked by any person other than the Company, but the Governor may, subject to the approval of the Governor-in-Chief in Council, make regulations in that behalf, and in particular with respect to the speed at which any such tramway carriage shall be driven or drawn by or under the direction or control of any Superintendent or other officer of the Traffic Department.
134. Every person who drives or draws any carriage along or upon any tramway constructed or worked by the Company, or any tramway carriage along or upon any such tramway, having first obtained the consent in writing of the Company to the use of such tramway.
135. If any person wilfully or negligently contravenes any of the provisions of this Ordinance, or any by-law, regulation, or order made or to be made thereunder, or fails to pay any toll, fare, or other sum of money due or payable under the provisions of this Ordinance, or any by-law, regulation, or order made thereunder, or on the tramway or tramway carriage, or on any part of the undertaking of the Company, or on any officer, agent, or servant of the Company, or on any mechanical or other appliance used by the Company, ...
136. In this Ordinance, unless there be something in the context repugnant thereto, the following expressions shall have the meanings hereby assigned to them, that is to say :
(Appli... 1. Every engine, locomotive, boiler, and other appliances and machinery used or to be used for the purpose of driving or working any tramway locomotive or engine to ...
428
Tender of amends.
Recovery of tolls, etc.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
office of the Company, as the case may be, or by being sent by post in a registered letter addressed, as the case may be, to the clerk or secretary of such other company at its principal office, or to such person at his then present or then last known place of abode or residence or at his office or business premises, or by being so sent by post addressed to the ostensible agent or agents of such person, or other the agent or agents aforesaid, or to the clerk or secretary of the Company at its principal office :
Provided always that any notice required to be given by the Company, as mentioned in section 70, shall in addition be affixed on some con- spicuous part of the land affected, or intended to be affected, thereby,
Miscellaneous Provisions.
128.-(1.) If any party has committed any irregularity, trespass, or other wrongful proceeding in the execution of this Ordinance or by virtue of any power or authority hereby given, and if, before action brought in respect thereof, such party makes tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action. (2.) If no such tender has been made, it shall be lawful for the defen- dant, by leave of the Court where such action is pending, at any time be- fore answer filed, to pay into Court such sum of money as he think
may fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into Court.
129. Every toll, penalty, or forfeiture imposed by this Ordinance or by any
Order-in-Council, regulation, or by-law made in pursuance here- of, the recovery of which is not otherwise provided for, may be recovered by summary proceedings before a Magistrate under the provisions of any SeeOrdinance Ordinance for the time being relating to the jurisdiction of Magistrates No. 3 of 1890. and the practice and procedure before them in respect of offences punish-
able on summary conviction.
Perjury.
Responsibility of Company for damage.
Right of user
130. Every person who, on any examination upon oath under this Ordinance, wilfully and corruptly gives false evidence shall be liable to the penalties of wilful and corrupt perjury.
131. The Company shall be answerable for all accidents, damages, and injuries happening through its act or default, or through the act or de- fault of any person in its employment, by reason or in consequence of any of its works or carriages, and shall save harmless all other companies or bodies, collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries.
132. Notwithstanding anything in this Ordinance, the Company shall
A.D. 188
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(Appli 1. Ever appliances and for b engine to
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