CAP. 107]
Tramway.
[s. 20 cont.] brought by or against, the chief officer in the Colony of such department in the title of his office without naming any individual person.
Differences between company and Director.
Tramway not to be opened until certified fit for traffic.
[23]
21. If any difference arises between the company on the one hand and the Director on the other hand with respect to any interference or control exercised or claimed to be exercised by the company or the Director by virtue of this Ordinance in relation to the tramway or works, or in relation to any work or proceeding of the Director or with respect to the propriety of or the mode of execution of any work relating to the tramway, or with respect to the cost of the maintenance or repair of any road along or across which the tramway passes, or with respect to the amount of any compensation to be made by or to the company, or on the question whether any work is such as ought to satisfy the Director, or with respect to any other subject or thing regulated by or comprised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by a special case, or if there are any facts in dispute, by an action.
[24]
22. Neither the tramway nor any portion thereof shall be opened for public traffic until the same has been certified to be fit for such traffic by the Director or other officer duly appointed in writing for that purpose by the Governor in Council, and the Governor in Council has, by notification in the Gazette, authorized the same to be opened for such traffic.
[25]
Procedure when public not afforded full benefit of tramway. Insufficient user of tramway.
23. If it be represented in writing to the Governor in Council by the Director or by twenty inhabitant ratepayers that the public are not afforded the full benefit of the tramway, the Governor in Council may (if satisfied that prima facie the case is one for inquiry) appoint an officer to inquire into the matter and to hold an inquiry and report thereon, and if the truth of the representation be proved, the Governor in Council may issue an order to the company requiring it to provide such a service of cars as will afford to the public the full benefit of the tramway, and such order may prescribe the number of cars which the company shall run upon the tramway and the mode and times in and at which such cars
196
CAP. 107]
Tramway.
[s. 20 cont.] brought by or against, the chief officer in the Colony of such department in the title of his office without naming any individual person.
Differences
between
company
and Director.
Tramway not to be opened until certified fit for traffic.
[23]
21. If any difference arises between the company on the one hand and the Director on the other hand with respect to any interference or control exercised or claimed to be exer- cised by the company or the Director by virtue of this Ordinance in relation to the tramway or works, or in relation to any work or proceeding of the Director or with respect to the propriety of or the mode of execution of any work relating to the tramway, or with respect to the cost of the maintenance or repair of any road along or across which the tramway passes, or with respect to the amount of any compensation to be made by or to the company, or on the question whether any work is such as ought to satisfy the Director, or with respect to any other subject or thing regulated by or com- prised in this Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by a special case, or if there are any facts in dispute, by an action.
[24]
22. Neither the tramway nor any portion thereof shall be opened for public traffic until the same has been certified to be fit for such traffic by the Director or other officer duly appointed in writing for that purpose by the Governor in Council, and the Governor in Council has, by notification in the Gazette, authorized the same to be opened for such traffic.
[25]
Procedure when public not afforded full benefit of tramway.
Insufficient user of tramway.
23. If it be represented in writing to the Governor in Council by the Director or by twenty inhabitant ratepayers that the public are not afforded the full benefit of the tram- way, the Governor in Council may (if satisfied that prima facie the case is one for inquiry) appoint an officer to inquire into the matter and to hold an inquiry and report thereon, and if the truth of the representation be proved, the Governor in Council may issue an order to the company requiring it to provide such a service of cars as will afford to the public the full benefit of the tramway, and such order may prescribe the number of cars which the company shall run upon the tramway and the mode and times in and at which such cars
196
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