the-ordinances-of-the-legislative-counci-1890v3 — Page 323

1606 ORDINANCE No. 1 OF 1882 .


Tramways.


Tramways not 23. None of the said tramways shall be opened for public traffic until the same
to be opened
until certified.
has been certified to be fit for such traffic by the officer duly appointed in writing for
that purpose by the Governor in Council, and the Governor in Council has, by notifi
cation in the Gazette, authorized the same to be opened for such traffic.


Cesser ofpowers in certain events.

Cesser of powers 24. If the company do not within three years after the time at which they might
in certain events.
under this Ordinance have commenced the construction of the tramways complete
the tramways and open the same for public traffic , or

If within one year after the time aforesaid the works are not in the opinion
of the Governor in Council, substantially commenced , or

If the works, having been commenced , are suspended without a reason
sufficient in the opinion of the Governor in Council to warrant such
suspension,

the powers hereby given to the company for constructing such tramways, executing
such works or otherwise in relation thereto, shall cease to be exercised , except as to
so much of the same as is then completed , unless the time be prolonged by the Governor
in Council ; and, as to so much of the same as is then completed , the powers hereby
given to the company may continue to be exercised .

Discontinuance of tramways.

Discontinuance 25. If at any time after the opening of any tramway for traffic the company
of tramways by
the company. discontinue the working of such 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 their control) and such discontinuance is proved to the satisfac
tion of the Governor in Council, the Governor in Council may by order declare that
the powers of the company in respect of such tramway, or the part thereof so dis
continued, 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 or
leased in manner by this Ordinance provided . Where any such order has been made,
the Surveyor General may, at any time after the expiration of six 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 com
pany 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 ifthe 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