the-ordinances-of-the-legislative-counci-1890v2 — Page 61

TRAMWAYS . [ 6 of 1883. ] 651


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 same are
purchased by the Government in manner by this ordinance
provided . Where any such order has been made, the Surveyor
General 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 by the Governor in Council, remove the tramway,
or part of the tramway so discontinued, and the company shall
pay to the Surveyor General the cost of such removal , and of
the making good of the road by the Surveyor General, such
cost to be certified by the Surveyor General, whose certificate
shall be final and conclusive ; and if the company fail to pay
the amount so certified within two months after delivery to
them of such certificate or a true copy thereof, the Surveyor
General may, without any 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
of the tramway, or part of the tramway removed, either by
public auction or private sale, and for such sum or sums and
to such person or persons as he may think fit, and may out of
the proceeds of such sale reimburse himself the amount of the
cost certified as aforesaid , and of the cost of sale, and the
balance, if any, of the proceeds of sale shall be paid to the
company .
Insolvency of company.
34. If any time after the opening ofany tramway for traffic, inProceed ings
case of
it appears to the Governor in Council that the company are insolvency of
insolvent, so that they are unable to maintain such tramway, company.
or work the same with advantage to the public, the Governor
in Council may enquire into the financial affairs of the com
pany, and if the Governor in Council shall be of opinion that
the company are so insolvent as aforesaid , he may by order
declare that the powers of the company shall , at the expiration
of six months from the making of the order, be at an end, and
the powers of the company shall cease and determine at the
expiration of the said period unless the same are purchased ,
by the Government in manner by this ordinance provided, and
thereupon the Surveyor General may remove the tramway in
like manner, and subject to the same provisions as to the pay
ment of the costs of such removal, and to the same remedy for
recovery of such costs in every respect as in cases of removal
unler the next preceding section .
Purchase of tramways.
35. The Governor in Council may , within six months after Government
Purchase by
the expiration of a period of twenty -one years from the time of tramways.