272
Settlement of differences
between
company
and Director of Public
Works.
*
Opening of tramway for traffic.
Discontinuance of tramway by company.
No. 2 of 1883.
PEAK TRAMWAY.
8. If any difference arises between the company and the Director of Public Works with respect to any interference or control exercised or claimed to be exercised by the company or the Director, by virtue of this Ordinance, in relation to the tramway or any work, or in relation to any work or proceeding of the said Director, or with respect to the propriety or the mode of execution of any work relating to the tramway, or on the question whether any work is such as ought to satisfy the said Director, 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.
9. The tramway shall not be opened for public traffic until the same has been certified to be fit for such traffic by the Director of Public Works, and the Governor-in-Council has, by notification in the Gazette, authorised the same to be opened for such traffic.
10.—(1) If the company discontinues the working of the tramway or of any part thereof for the space of 6 months, (such discontinuance not being occasioned by circumstances beyond the control of the company, the want of sufficient funds not being considered a circumstance beyond its control), 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 tramway is purchased by the Government in the manner provided by this Ordinance.
(2) Where any such order has been made, the Director of Public Works may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect, remove the tramway or part of the tramway so discontinued, and the company shall pay the cost of such removal which shall be certified by the said Director, and the certificate shall be final and conclusive.
(3) If the company fails to pay the amount so certified within 2 months after delivery of such certificate or a true copy thereof, the said Director may, without previous notice to the company (but without prejudice to any other remedy which he may have for the recovery of the same) ...
* As amended by No. 51 of 1911, No. 62 of 1911, No. 63 of 1911 and No. 8 of 1912.
272
Settlement of differences
between
company
and Director of Public
Works.
*
Opening of tramway for traffic.
Discontinu- ance of tramway by company.
No. 2 of 1883.
PEAK TRAMWAY.
8. If any difference arises between the company and the Direc- tor of Public Works with respect to any interference or control exercised or claimed to be exercised by the company or the Direc- tor, by virtue of this Ordinance, in relation to the tramway or any work, or in relation to any work or proceeding of the said Director, or with respect to the propriety or the mode of execution of any work relating to the tramway, or on the question whether any work is such as ought to satisfy the said Director, 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.
9. The tramway shall not be opened for public traffic until the same has been certified to be fit for such traffic by the Director of Public Works, and the Governor-in-Council has, by notification in the Gazette, authorised the same to be opened for such traffic.
10.—(1) If the company discontinues the working of the tram- way or of any part thereof for the space of 6 months, (such discontinuance not being occasioned by circumstances beyond the control of the company, the want of sufficient funds not being considered a circumstance beyond its control), 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 tramway is purchased by the Government in the manner provided by this Ordinance.
(2) Where any such order has been made, the Director of Public Works may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect, remove the tramway or part of the tramway so dis- continued, and the company shall pay the cost of such removal which shall be certified by the said Director, and the certificate shall be final and conclusive.
(3) If the company fails to pay the amount so certified within 2 months after delivery of such certificate or a true copy thereof, the said Director may, without previous notice to the company (but without prejudice to any other remedy which he may have for the * As amended by No. 51 of 1911, No. 62 of 1911, No. 63 of 1911
and No. 8 of 1912.
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