262
Purchase by Government of tramway.
Motive power.
Construction
No. 2 of 1883:
"PEAK TRAMWAY.
tramway in like manner and subject to the same provisions as to the payment of the cost of such removal, and to the same remedy for recovery of such cost, in every respect as in cases of removal under section 10.
12. (1) The Governor in Council may, within six months after the expiration of twenty-eight years from the time when the company was empowered to construct the tramway, and within six months after the expiration of every subsequent period of seven years, or within three months after any order made by the Governor in Council under section 10 or section 11, by notice in writing require the company to sell, and thereupon the company shall sell, to the Government its undertaking on the terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking or any compensation for compulsory sale or other consideration whatsoever) of the tramway, and all lands, buildings, works, materials, and plant, suitable to and used for the purposes of its undertaking, such value to be, in cases of difference, determined upon petition to the court in a summary way.
(2) When any such sale has been made, all the rights, powers, and authorities of the company in respect of the undertaking sold, or, where any order has been made by the Governor in Council under section 10 or section 11, all the rights, powers, and authorities of the company previous to the making of such order in respect of the undertaking sold, shall be transferred to, vested in, and may be exercised by the Government.
13. The carriages used on the tramway may be moved by means of locomotive or stationary engines and steel-wire ropes, or by such other mechanical power as the Governor in Council may approve.
14. Every carriage used on the tramway shall be so constructed as to provide for the safety of passengers and for their safe entrance to and exit from, and accommodation in such carriage, and their protection from the machinery used for drawing or propelling such carriage.
* As amended by Law Rev. Ord., 1923.
Page 5
Page 6
262
Purchase by Government of tramway.
Motive
power.
*
Construction
No. 2 of 1883:
"
PEAK TRAMWAY.
tramway in like manner and subject to the same provisions as to the payment of the cost of such removal, and to the same remedy for recovery of such cost, in every respect as in cases of removal under section 10.
12. (1) The Governor in Council may, within six months after the expiration of twenty-eight years from the time. when the company was empowered to construct the tramway, and within six months after the expiration of every subse- quent period of seven years, or within three months after any order made by the Governor in Council under section 10 or section 11, by notice in writing require the company to sell, and thereupon the company shall sell, to the Govern- ment its undertaking on the terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking or any compensation for compulsory sale or other consideration whatsoever) of the tramway, and all lands, buildings, works, materials, and plant, suitable to and used for the purposes of its undertaking, such value to be, in cases of difference, determined upon petition to the court in a
summary way.
(2) When any such sale has been made, all the rights, powers, and authorities of the company in respect of the undertaking sold, or, where any order has been made by the Governor in Council under section 10 or section 11, all the rights, powers, and authorities of the company previous to the making of such order in respect of the undertaking sold, shall be transferred to, vested in, and may be exercised by the Government.
13. The carriages used on the tramway may be moved by means of locomotive or stationary engines and steel-wire ropes, or by such other mechanical power as the Governor in Council may approve.
1
14. Every carriage used on the tramway shall be so con- of carriages. structed as to provide for the safety of passengers and for their safe entrance to and exit from, and accommodation in such carriage, and their protection from the machinery used. for drawing or propelling such carriage.
* As amended by Law Rev. Ord., 1923.
Page 5Page 6
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