1923_TRAMWAY_ORDINANCE__1902 — Page 16

1418

No. 10 of 1902.

Purchase by Government of tramway.

TRAMWAY.

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 same are purchased by the Govern- ment in manner by this Ordinance provided, and thereupon the Director of Public Works may remove the tramway in like manner and subject to the same provisions as to the payment of the costs of such removal and to the same remedy for recovery of such costs in every respect as in cases of removal under section 29.--

Purchase of tramway.

31. The Governor in Council may at the expiration of fifty years from the date of the commencement of this Ordi- nance, or at the expiration of any subsequent period of five years, or at the expiration of three months after the making of any order under section 29 or section 30, on giving to the company a notice in writing in manner following:-

(a) at least six months notice prior to the expiration of such fifty years;

(b) at least six months notice prior to the expiration of any such subsequent period of five years;

(c) at least two months notice prior to the expiration of such three months--

require the company to sell and thereupon the company shall sell to the Government its undertaking, and all lands, build- ings, works, materials and plant of the company suitable to and used by the company for the purposes of its undertaking, for and in consideration of the then value of the same: Provided that the value aforesaid shall be deemed to be the fair value at the time of the purchase, due regard being had to the cost of construction less depreciation, and to the then nature, condition and state of repair of the buildings, works, materials and plant, and to the fact that they are in such a condition and state of repair as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, but without any addition in respect of compulsory purchase, or of goodwill, or of any profits which might have been made from the undertaking, or of any similar considerations. In case of difference, such value as aforesaid shall be determined by a special case. When any such sale has been made and completed all the rights, powers

* As amended by Law Rev, Ord., 1924,

and a sold, i

Coun

and &

such

to ar

3

elec and

exe

to i for

the Gc

re

ро

p

Ci