the-ordinances-of-the-legislative-counci-1890v2 — Page 52

642 6 of 1883. ] TRAMWAYS.


propose to open or break up such road , and a statement of the
materials intended to be used therein ; and the company shall
not commence the construction, laying down, maintenance,
renewal, alteration of, addition to , or removal of such tramways
or works, or any part thereof respectively, except for the
purpose of necessary repairs, until such plan and statement
have been approved in writing by the Surveyor General, and
the works shall be executed in accordance with such approved
plan and statement, and under the superintendence, and to the
satisfaction of the Surveyor General.
Repair of
roads on
16. After and so soon as each of the said tramways has been
which tram- opened for the public traffic , the Surveyor General shåll maintain
ways laid .
in good condition and repair the whole of the road whereon
each of the said tramways is laid, and the company shall pay to
the Surveyor General the cost of the maintenance and repair of
so much of any road whereon any tramway is laid as lies between
the rails of the tramway and also (where two lines of tramways
are laid by the company in any road at a distance of not more
than four feet from each other the cost of the maintenance
and repair of the portion of the road between the tramwars, and
also in every case the cost of the maintenance and repair of so
much of the road as extends eighteen inches beyond the rails
of, and on each side of, cach tramway. Except as aforesaid the
company shall not be liable to pay for the cost of the maintenance
or repair of any road whereon any tramway is laid. The
company, before paying any monies due from thein under this
section ,may inspect any contract or contracts, or specifications,
or plans, or other documents, or writings, in the possession, or
under the control of the Surveyor General, or any contractor
or contractors, relating to or stipulating for the maintenance or
repair of any road a proportion of the cost of maintaining or
repairing which they are liable to bear under this section, so
that the company may, before paying any proportion of the
aforesaid cost , be satisfied that the sum demanded from them is
a fit and proper sum to be paid by them .
l'enalty for 17. The company shall maintain in good condition and repair,
notmaint ain,
ing rails at
and as their proper level so as not to be a danger or annoyance
their proper to the ordinary traffic, the rails of which any of the tramways
level and in
good condi. for the time being consist, and the substructure upon which the
tion , same rest ; and if the Surveyor General shall from time to time,
or at any time hereafter, alter the level of any road along or
across which any of the said tramways shall be laid, then and
in such event, and so often as the same shall happen, the
company shall, at their own expense, alter their rails so that
the uppermost surface thereof shall be on a level with the
surface of the road as altered, and , if the company make default