A.D. 1883.]
level of evidence,
matter of a break up place a portion namely,----
complete the same,
and formation of, find, and Surveyor in which were the
:
and to
or every dance of
against it), further
which any
penalty is
ion, the General
purposes
proposed altering, which it materials
nce the addition respect- an and
ral, and lan and
TRAMWAYS.
[No. 2.
389
statement and under the superintendence and to the satisfaction of the Surveyor General.
16.--(1.) After and so soon as each of the said tramways has been opened for public traffic, the Surveyor General shall maintain in good condition and repair the whole of the road whereon each of the said tramways is laid, and the Company shall pay to the Surveyor General the cost of the maintenance and repair of so much of any road whereon any tramway is laid as lies between the rails of the tramway, and also (where two lines of tramways are laid by the Company in any road at a distance of not more than four feet from each other) the cost of the maintenance and repair of the portion of the road between the tramways, and also in every case the cost of the maintenance and repair of so much of the road as extends eighteen inches beyond the rails of, and on each side of, each tramway.
(2.) Except as aforesaid, the Company shall not be liable to pay for the cost of the maintenance or repair of any road whereon any tramway is laid.
(3.) The Company, before paying any moneys due from it under this section, may inspect any contract or contracts, or specifications, or plans, or other documents or writings, in the possession or under the control of the Surveyor General or any contractor or contractors, relating to or stipulating for the maintenance or repair of any road a proportion of the cost of maintaining or repairing which it is liable to bear under this section, so that the Company may, before paying any proportion of the aforesaid cost, be satisfied that the sum demanded from it is a fit and proper sum to be paid by it.
17.(1.) The Company shall maintain in good condition and repair and at their proper level, so as not to be a danger or annoyance to the ordinary traffic, the rails of which any of the tramways for the time being consist and the substructure upon which the same rest; and if the Surveyor General from time to time, or at any time hereafter, alters the level of any road along or across which any of the said tramways is laid, then and in such event, and so often as the same may happen, the Company shall, at its own expense, alter its rails so that the uppermost surface thereof shall be on a level with the surface of the road as altered.
(2.) If the Company makes default in complying with this section, it shall for every offence be subject, on conviction, to a penalty not exceeding twenty-five dollars, and, in case of a continuing offence, to a further penalty not exceeding ten dollars for every day after the first on which such default continues.
Repair of which tramways laid.
roads on
Penalty for not maintaining rails at proper level and in good condition.
18.--(1.) Where, by reason of the execution of any work affecting the surface or soil of any road along which any tramway is laid, it is, in
Power to make tempo-
). 1883.
p, such ement of
A.D. 1883.]
level of endence,
ter of a reak up place a
portion mely,----
lete the
me,
and ation of, ind, and Surveyor n which
Fere the
:
and to
or every dance of
inst it), further
ich any
dalty is
ion, the General
urposes
roposed ltering, which it aterials
nce the addition respect- an and
ral, and lan and
TRAMWAYS.
[No. 2.
389
statement and under the superintendence and to the satisfaction of the Surveyor General.
16.--(1.) After and so soon as each of the said tramways has been opened for public traffic, the Surveyor General shall maintain in good condition and repair the whole of the road whereon each of the said tramways is laid, and the Company shall pay to the Surveyor General the cost of the maintenance and repair of so much of any road whereon any tramway is laid as lies between the rails of the tramway, and also (where two lines of tramways are laid by the Company in any road at a distance of not more than four feet from each other) the cost of the maintenance and repair of the portion of the road between the tramways, and also in every case the cost of the maintenance and repair of so much of the road as extends eighteen inches beyond the rails of, and on each side of, each tramway.
(2.) Except as aforesaid, the Company shall not be liable to pay for the cost of the maintenance or repair of any road whereon any tramway is laid.
(3.) The Company, before paying any moneys due from it under this section, may inspect any contract or contracts, or specifications, or plans, or other documents or writings, in the possession or under the control of the Surveyor General or any contractor or contractors, relating to or stipulating for the maintenance or repair of any road a proportion of the cost of maintaining or repairing which it is liable to bear under this section, so that the Company may, before paying any proportion of the aforesaid cost, be satisfied that the sum demanded from it is a fit and proper sum to be paid by it.
17.(1.) The Company shall maintain in good condition and repair and at their proper level, so as not to be a danger or annoyance to the ordinary traffic, the rails of which any of the tramways for the time being consist and the substructure upon which the same rest; and if the Surveyor General from time to time, or at any time hereafter, alters the level of any road along or across which any of the said tramways is laid, then and in such event, and so often as the same may happen, the Com- pany shall, at its own expense, alter its rails so that the uppermost surface thereof shall be on a level with the surface of the road as altered.
(2.) If the Company makes default in complying with this section, it shall for every offence be subject, on conviction, to a penalty not exceed- ing twenty-five dollars, and, in case of a continuing offence, to a further penalty not exceeding ten dollars for every day after the first on which such default continues.
Repair of which tram- ways laid.
roads on
Penalty for
not maintain- ing rails at proper level and in good condition.
18.--(1.) Where, by reason of the execution of any work affecting Power to the surface or soil of any road along which any tramway is laid, it is, in
make tempo-
!
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