1923_RAILWAYS_ORDINANCE__1909 — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

1774

No. 21 of 1909.

RAILWAYS.

Certificate to Governor in Council prior to opening of railway.

16. No railway shall be opened for the public carriage of passengers until the chief resident engineer has certified in writing to the Governor in Council that-

(1) he has made a careful inspection of the railway and rolling stock;

(2) the works and rolling stock are in a sound condition; and

(3) in his opinion the railway can be opened for the public carriage of passengers without danger to the public using it.

Legal proceedings.

17. All actions and suits which if the railway were the property of a company under the Companies Ordinance, 1911, having its registered office in the Colony, might be brought by and against such company may be brought by and against the manager, anything in the Code of Civil Procedure to the contrary notwithstanding, and for the purpose of all such actions and suits the lands, buildings, rolling stock, and other property appertaining to the railway shall be deemed to be the property of the manager.

18.-(1) None of the rolling stock, machinery, plant, tools, fittings, materials, or effects used or provided by the administration for the purpose of traffic on any railway or of its stations or workshops shall be liable to be taken in execution of any decree or order of any court or person having by law power to attach or distrain property or otherwise to cause property to be taken in execution.

(2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the earnings of a railway in execution of a judgment or order.

Service of notices, etc.

19.-(1) Any summons, notice, order, or other document required to be served upon the manager may be served by leaving the same or sending it through the post by a registered letter addressed to the said manager at the principal office of the administration.

(2) Where a summons, notice, order, or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the document was properly addressed and registered.

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1774 No. 21 of 1909. RAILWAYS. Certificate to Governor in Council prior to opening of railway. 16. No railway shall be opened for the public carriage of passengers until the chief resident engineer has certified in writing to the Governor in Council that- (1) he has made a careful inspection of the railway and rolling stock; (2) the works and rolling stock are in a sound condition; and (3) in his opinion the railway can be opened for the public carriage of passengers without danger to the public using it. Legal proceedings. 17. All actions and suits which if the railway were the property of a company under the Companies Ordinance, 1911, having its registered office in the Colony, might be brought by and against such company may be brought by and against the manager, anything in the Code of Civil Procedure to the contrary notwithstanding, and for the purpose of all such actions and suits the lands, buildings, rolling stock, and other property appertaining to the railway shall be deemed to be the property of the manager. 18.-(1) None of the rolling stock, machinery, plant, tools, fittings, materials, or effects used or provided by the administration for the purpose of traffic on any railway or of its stations or workshops shall be liable to be taken in execution of any decree or order of any court or person having by law power to attach or distrain property or otherwise to cause property to be taken in execution. (2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the earnings of a railway in execution of a judgment or order. Service of notices, etc. 19.-(1) Any summons, notice, order, or other document required to be served upon the manager may be served by leaving the same or sending it through the post by a registered letter addressed to the said manager at the principal office of the administration. (2) Where a summons, notice, order, or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the document was properly addressed and registered.
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1774 No. 21 of 1909. RAILWAYS. Certificate to Governor in 16. No railway shall be opened for the public carriage of Council prior passengers until the chief resident engineer has certified in writing to the Governor in Council that- to opening of railway. Actions against the administra- tion how brought. Ordinance No. 58 of 1911. No. 3 of 1901. Ordinance Restriction on execution against rail- (1) he has made a careful inspection of the railway and rolling stock; (2) the works and rolling stock are in a sound condition; and (3) in his opinion the railway can be opened for the public carriage of passengers without danger to the public using it. Legal proceedings. 17. All actions and suits which if the railway were the property of a company under the Companies Ordinance, 1911, having its registered office in the Colony, might be brought by and against such company may be brought by and against the manager, anything in the Code of Civil Procedure to the contrary notwithstanding, and for the purpose of all such actions and suits the lands, buildings, rolling stock, and other property appertaining to the railway shall be deemed to be the property of the manager. 18.-(1) None of the rolling stock, machinery, plant, tools, fittings, materials, or effects used or provided by the way property. administration for the purpose of traffic on any railway or of its stations or workshops shall be liable to be taken in execution of any decree or order of any court or person having by law power to attach or distrain property or other- wise to cause property to be taken in execution. Service of notices, etc. (2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the earnings of a railway in execution of a judgment or order. 19.-(1) Any summons, notice, order, or other document summonses, required to be served upon the manager may be served by leaving the same or sending it through the post by a registered letter addressed to the said manager at the prin- cipal office of the administration. Effect of service by post. (2) Where a summons, notice, order, or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the document was properly addressed and registered.
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1774

No. 21 of 1909.

RAILWAYS.

Certificate to Governor in

16. No railway shall be opened for the public carriage of Council prior passengers until the chief resident engineer has certified in

writing to the Governor in Council that-

to opening

of railway.

Actions

against the administra- tion how brought. Ordinance

No. 58 of 1911. No. 3 of 1901.

Ordinance

Restriction on execution against rail-

(1) he has made a careful inspection of the railway and rolling stock;

(2) the works and rolling stock are in a sound condition; and

(3) in his opinion the railway can be opened for the public carriage of passengers without danger to the public using it.

Legal proceedings.

17. All actions and suits which if the railway were the property of a company under the Companies Ordinance, 1911, having its registered office in the Colony, might be brought by and against such company may be brought by and against the manager, anything in the Code of Civil Procedure to the contrary notwithstanding, and for the purpose of all such actions and suits the lands, buildings, rolling stock, and other property appertaining to the railway shall be deemed to be the property of the manager.

18.-(1) None of the rolling stock, machinery, plant, tools, fittings, materials, or effects used or provided by the way property. administration for the purpose of traffic on any railway or of its stations or workshops shall be liable to be taken in execution of any decree or order of any court or person having by law power to attach or distrain property or other- wise to cause property to be taken in execution.

Service of

notices, etc.

(2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the earnings of a railway in execution of a judgment or order.

19.-(1) Any summons, notice, order, or other document summonses, required to be served upon the manager may be served by leaving the same or sending it through the post by a registered letter addressed to the said manager at the prin- cipal office of the administration.

Effect of service by post.

(2) Where a summons, notice, order, or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the document was properly addressed and registered.

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