PEAK TRAMWAY.
No. 2 of 1883.
261
ance of tramway
10.-(1) If the company discontinues the working of the 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, 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 two 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 two 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 amount), sell and dispose of the materials so removed, either by public auction or private sale, and for such sum and to such person 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, shall be paid to the company.
11. If 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 it appears that the company is so insolvent as aforesaid, he may, by order, declare that the powers of the company shall, at the expiration of six months from the making of the order, be at an end, and the powers of the company shall cease and determine at the expiration of the said period, unless the tramway is purchased by the Government in the manner provided by this Ordinance; and thereupon the Director of Public Works may remove the tramway.
* As amended by Law Rev. Ord., 1923.
PEAK TRAMWAY.
No. 2 of 1883..
261
ance of tramway
10.-(1) If the company discontinues the working of the Discontinu- tramway or of any part thereof for the space of six months, naway by (such discontinuance not being occasioned by circumstances company. 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.
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(2) Where any such order has been made, the Director of Public Works inay, at any time after the expiration of two 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 two 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 amount), sell and dispose of the materials so removed, either by public auction or private sale, and for such sum and to such person 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, shall be paid to the company..
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11. If it appears to the Governor in Council that the com- Proceedings pany is insolvent, so that it is unable to maintain such in case of
insolvency of tramway or work the same with advantage to the public, the company. Governor in Council may inquire into the financial affairs of the company, and if it appears that the company is so in- solvent as aforesaid, he may, by order, declare that the powers of the company shall, at the expiration of six months from the making of the order, be at an end, and the powers of the company shall cease and determine at the expiration of the said period, unless the tramway is purchased by the Government in the manner provided by this Ordinance; and thereupon the Director of Public Works may remove the
* As amended by Law Rev. Ord., 1923.
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