the-ordinances-of-the-legislative-counci-1890v3 — Page 402

ORDINANCE No. 6 OF 1883. 1685


Tramways.


(subject to the formation , maintenance , renewal, or altera
tion of, addition to , or removal of the tramway ) fill in the
ground, and make good the surface, and, to the satisfaction
of the Surveyor General, restore the road to as good con
dition as that in which it was before it was opened or
broken up.

2. They shall in the meantime cause the place where the road
is opened or broken up to be fenced and watched , and to
be properly lighted at night.

If the company fail to comply with this section , they shall , for every
offence (without prejudice to the enforcement of specific performance of
the requirements of this Ordinance , or to any other remedy against them)
be liable to a penalty not exceeding one hundred dollars , and to a further
penalty not exceeding twenty - five dollars for each day during which any
such failure continues after the first day on which such penalty is incurred .

15. In addition to the requirements of the preceding section , the Further pro
visions as to
company shall, when they give notice as aforesaid to the Surveyor General construction
of tramways.
of their intention to open or break up any road for any of the purposes
aforesaid, lay before the Surveyor General a plan showing the proposed
mode of constructing, laying down , maintaining , renewing, altering,
adding to or removing the tramways or works, in respect of which
they propose to open or break up such road , and a statement of the
materials intended to be used therein ; and the company shall not com

mence 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.

16. After and so soon as each of the said tramways has been opened Repair of
roads on
for the public traffic , the Surveyor General shall maintain in good con which tram
ways laid.
dition 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 a 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