the-ordinances-of-the-legislative-counci-1890v3 — Page 329

1612 ORDINANCE No. 1 of 1882.


Tramways .


or broken up, to be fenced and watched and to be properly lighted at night : Provided
always that , if the company fail to comply with the provisions of this section , the
Surveyor General, if he thinks fit , may himself, at any time after seven days' notice to
the company, remove the tramways, and do the works necessary for the restoration
of the road, to the extent provided for in this section , and the expense incurred by the
Surveyor General in so doing shall be re- paid to him by the company .
On abandon
ment, power to 48. If the company shall abandon their undertaking, or any part or parts thereof,
sell.
under the power herein contained, they shall be at liberty at any time, and from time to
time, to sell , assign, and absolutely dispose of such of the abandoned lands , messuages ,
engines, carriages, rails, works conveniences and premises as shall be vested in, or shall
belong to them , to such person or persons, corporation or company, by public auction
or private contract, or partly by public auction and partly by private contract, for such
price or prices, and with , under and subject to such terms and conditions in all respects
as the company shall think fit, with power at any such sale to buy in or rescind any
contract for sale, and to re- sell.

Offences.

Offences. 49. If any person wilfully obstructs any person acting under the authority of the
company in the lawful exercise of any of the powers hereby conferred , or defaces, or
destroys, any mark made for the purpose of setting out the line of any tramway, or
damages, or destroys any property of the company, he shall for every such offence be
liable to a penalty not exceeding twenty-five dollars.
Further offences.
50. If any person without lawful excuse (the proof whereof shall lie on him )
wilfully does any of the following things, namely :
Interferes with, removes , or alters, any part of a tramway, or of the works
connected therewith ;
Places, or throws any stones , dirt, wood, refuse, or other material on any part
of a tramway ;
Does, or causes to be done, anything in such manner as to obstruct any
carriage using a tramway, or to endanger the lives of persons therein , or
thereon ;

Or knowingly aids or assists in the doing of any of such things ;
he shall for every such offence be liable (in addition to any proceedings by way of
indictment, or otherwise, to which be may be subject) to a penalty not exceeding
twenty- five dollars.
Further offences. 51. If any person travelling, or having travelled, in any carriage avoids , or
attempts to avoid, payment of his fare, or if any person having paid his fare for a
certain distance, knowingly and wilfully proceeds in any such carriage beyond such
distance, and does not pay the additional fare for the additional distance, or attempts
to avoid payment thereof, or if any person knowingly and wilfully refuses, or neglects,
on arriving at the point to which he has paid his fare, to quit such carriage, every
such person shall, for every such offence, be liable to a penalty not exceeding ten dollars.