1950_PEAK_TRAMWAY_ORDINANCE — Page 7

Peak Tramway.

be exercised by, and shall attach to, the person to whom the same has been sold or assigned, in like manner as if the undertaking, or part thereof, sold or assigned, was con- structed by such person under the powers conferred by this Ordinance, and in reference to the same he shall be deemed to be the company.

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undertaking.

17. Subject to the approval of the Governor in Council, Power to let the company may demise its undertaking, or any part thereof, to such person and for such term, and on such conditions, in all respects as the company may think fit, to take effect either in possession or at some future date, and either with or with- out a premium as a consideration for such demise.

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mortgage

18. It shall be lawful for the company to borrow money Power to on mortgage of all or any part of its undertaking, and for undertaking. that purpose to assign or demise by way of mortgage all or any portion of its lands, messuages, or tenements, erections, buildings, works, rolling stock, plant, machinery, chattels, and effects to any person, and to enter into all such covenants, provisos, declarations, and agreements, as the company may think fit.

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user by

19. The Governor in Council may, by order, direct that Right of precedence over the company and all other persons in the Government. user of the tramway be taken for defensive or military pur- poses or for the passage of troops and war material, on giving to the company, on each occasion of such user, three clear days' notice, and shall direct the payment to the com- pany therefor of such tolls as may be agreed on. agreement is come to, then the amount of such tolls shall be determined upon petition to the court in a summary way. [21

If no

may refuse

certain goods.

20. Save and except passengers' luggage not exceeding Company sixteen pounds in weight or one cubic foot in measurement, to carry the company shall not be bound to carry any animals, goods, merchandise, minerals, or parcels.

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21. (1) The company may demand and take the tolls Tolls. specified in the Schedule, which shall be paid to such per- Schedule. sons, and at such places, and in such manner as the company may, by notice annexed to the list of tolls, appoint.

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