268
Tender of amends.
Recovery of tolls, etc.
Responsibility of company for damage.
Saving for general.
etc.
No. 2 of 1883:
PEAK TRAMWAY.
by such notice, or by being left at the 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.
33.-(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 wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court.
34. Every toll, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be recovered before a magistrate.
35. 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, their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries.
36. Notwithstanding anything in this Ordinance, the Ordinances, company and any persons using the tramway shall be subject and liable to the provisions of any general Ordinance now in force or which may hereafter be passed relating to tramways, or by which any tax or duty may be granted or imposed for or in respect of tramways or the passengers or traffic conveyed thereon, and to any condition, regulation or
268
Tender of amends.
Recovery of tolls, etc.
Responsi- bility of company for damage.
Saving for general.
etc.
No. 2 of 1883:
PEAK TRAMWAY.
by such notice, or by being left at the 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.
33.-(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 wherein such action is pending, at any time before answer filed, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court.
34. Every toll, or penalty imposed by this Ordinance, the recovery of which is not otherwise provided for, may be re- covered before a magistrate.
35. 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 employ- ment, by reason or in consequence of any of its works or carriages, and shall save harmless all other companies or bodies, collectively and individually, their officers and servants, from all damages and costs in respect of such- accidents, damages, and injuries.
-
36. Notwithstanding anything in this Ordinance, the Ordinances, company and any persons using the tramway shall be subject and liable to the provisions of any general Ordinance now in force or which may hereafter be passed relating to tram- ways, or by which any tax or duty may be granted or im- posed for or in respect of tramways or the passengers or traffic conveyed thereon, and to any condition, regulation or
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