1
Tramway.
shall be run. Every such order shall be served upon the company within forty-eight hours after it has been made, and shall be published in the Gazette next following the making thereof. Provided that the Governor in Council shall, before issuing any such order, be satisfied that under good and economical management the prescribed service will be fairly remunerative to the company; and that, after the company has complied with such order for not less than thirty days, the Governor in Council may, on the application of the company, revoke or modify any such order.
[27]
[CAP. 107
on non-compliance with order.
24. If for the period of three months after the service of such order the company fails or neglects to comply therewith, the tramway shall be deemed to be a tramway to which all the provisions of this Ordinance relating to the discontinuance of the tramway after proof of such discontinuance shall apply, and it may be dealt with accordingly.
Discontinuance of tramway.
[28]
uance of
25. If the company discontinues the working of the tramway or of any part thereof for the space of six months (such discontinuance not being occasioned by circumstances beyond the control of the company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond its control) and such discontinuance is proved to the satisfaction of the Governor in Council, the Governor in Council may by order declare that the powers of the company in respect of the tramway or the part thereof so discontinued shall from the date of such order be at an end, and thereupon the powers of the company shall cease and determine, unless the same are purchased by the Government in manner by this Ordinance provided. Where any such order has been made, the Director may, at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect of the Governor in Council, remove the tramway or part of the tramway so discontinued, and the company shall pay to the Director the cost of such removal and of the making good of the road by the Director, such cost to be certified by him, and his certificate shall be final and conclusive; and if the company fails to pay the amount so certified within two months after delivery to it of such certificate or a true copy thereof, the Director may (without any previous notice to the company but without
197
1
Tramway.
shall be run. Every such order shall be served upon the company within forty-eight hours after it has been made, and shall be published in the Gazette next following the making thereof Provided that the Governor in Council shall, before issuing any such order, be satisfied that under good and economical management the prescribed service will be fairly remunerative to the company; and that, after the company has complied with such order for not less than thirty days, the Governor in Council may on the application of the com- pany revoke or modify any such order.
[27]
[CAP. 107
on non-
compliance
with order.
24. If for the period of three months after the service of Procedure such order the company fails or neglects to comply therewith, the tramway shall be deemed to be a tramway to which all the provisions of this Ordinance relating to the discon- tinuance of the tramway after proof of such discontinuance shall apply, and it may be dealt with accordingly.
Discontinuance of tramway.
[28]
uance of
25. If the company discontinues the working of the Discontin tramway or of any part thereof for the space of six months tramway. (such discontinuance not being occasioned by circumstances beyond the control of the company, for which purpose the want of sufficient funds shall not be considered a circumstance beyond its control) and such discontinuance is proved to the satisfaction of the Governor in Council, the Governor in Council may by order declare that the powers of the company in respect of the tramway or the part thereof so discontinued shall from the date of such order be at an end, and thereupon the powers of the company shall cease and determine, unless the same are purchased by the Government in manner by this Ordinance provided. Where any such order has been made the Director may, at any time after the expiration of two months from the date of such order, under the authority of a certificate to that effect of the Governor in Council, remove the tramway or part of the tramway so discontinued, and the company shall pay to the Director the cost of such removal and of the making good of the road by the Director, such cost to be certified by him, and his certificate shall be final and conclusive, and if the company fails to pay the amount so certified within two months after delivery to it of such certificate or a true copy thereof, the Director may (without any previous notice to the company but without
197
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