6
CAP. 265]
Peak Tramway
[1989 Ed.
8.
Settlement of differences between company and Director
If any difference arises between the company and the Secretary for Transport with respect to any interference or control exercised or claimed to be exercised by the company or the Secretary for Transport, by virtue of this Ordinance, in relation to the tramway or any work, or in relation to any work or proceeding of the Secretary for Transport, or with respect to the propriety or the mode of execution of any work relating to the tramway, or on the question whether any work is such as ought to satisfy the Secretary for Transport, 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 the Governor in Council, on the application of either party.
9.
(Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8)
Discontinuance of tramway by company
(1) If the company discontinues the working of the tramway or of any part thereof for the space of 6 months, (such discontinuance not being occasioned by circumstances beyond the control of the company, the want of sufficient funds not being considered a circumstance beyond its control), the Governor in Council may, by order, declare that the powers of the company in respect of such tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the company shall cease and determine, unless the tramway is purchased by the Government in the manner provided by this Ordinance. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25)
(2) Where any such order has been made, the Secretary for Transport may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect, remove the tramway or part of the tramway so discontinued, and the company shall pay the cost of such removal which shall be certified by the Secretary for Transport, and the certificate shall be final and conclusive. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1948 s. 4)
(3) If the company fails to pay the amount so certified within 2 months after delivery of such certificate or a true copy thereof, the Secretary for Transport may, without previous notice to the company (but without prejudice to any other remedy which he may have for the recovery of the amount), sell and dispose of the materials so removed, either by public auction or private sale, and for such sum and to such person as he may think fit, and may, out of the proceeds of such sale, reimburse himself the amount of the cost certified as
6
CAP. 265]
Peak Tramway
[1989 Ed.
8.
Settlement of differences between
company and Director
If any difference arises between the company and the Secretary for Transport with respect to any interference or control exercised or claimed to be exercised by the company or the Secretary for Transport, by virtue of this Ordinance, in relation to the tramway or any work, or in relation to any work or proceeding of the Secretary for Transport, or with respect to the propriety or the mode of execution of any work relating to the tramway, or on the question whether any work is such as ought to satisfy the Secretary for Transport, 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 the Governor in Council, on the application of either party.
9.
(Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8)
Discontinuance of tramway by company
(1) If the company discontinues the working of the tramway or of any part thereof for the space of 6 months, (such discontinuance not being occasioned by circumstances beyond the control of the company, the want of sufficient funds not being considered a circumstance beyond its control), the Governor in Council may, by order, declare that the powers of the company in respect of such tramway, or the part thereof so discontinued, shall, from the date of such order, be at an end, and thereupon the said powers of the company shall cease and determine, unless the tramway is purchased by the Government in the manner provided by this Ordinance. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25)
(2) Where any such order has been made, the Secretary for Transport may, at any time after the expiration of 2 months from the date of such order, under the authority of a certificate to that effect, remove the tramway or part of the tramway so discontinued, and the company shall pay the cost of such removal which shall be certified by the Secretary for Transport, and the certificate shall be final and conclusive. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1948 s. 4)
(3) If the company fails to pay the amount so certified within 2 months after delivery of such certificate or a true copy thereof, the Secretary for Transport may, without previous notice to the company (but without prejudice to any other remedy which he may have for the recovery of the amount), sell and dispose of the materials so removed, either by public auction or private sale, and for such sum and to such person as he may think fit, and may, out of the proceeds of such sale, reimburse himself the amount of the cost certified as
No comments yet.
Private notes are available after approval.