the-ordinances-of-the-legislative-counci-1890v3 — Page 403

1686 ORDINANCE No. 6 or 1883.

Tramways.


than four feet from each other ) the cost of the maintenance and repair of
the portion of the road between the tramways, 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, each 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 them 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 stipu
lating 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.

Penalty for 17. The company shall maintain in good condition and repair, and
not maintain
ing rails at at their proper level so as not to be a danger or annoyance to the ordinary
their proper
level and in traffic , the rails of which any of the tramways for the time being consist,
good condi
tion. and the substructure upon which the same rest ; and if the Surveyor Gen

eral 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 com
pany 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 in complying with this section , they
shall, for every offence, be subject on conviction to a penalty not exceeding
twenty-five dollars, and, in case of a continuing offence, to a further

penalty not exceeding ten dollars for every day after the first on which
such default continues.

Temporary 18. Where by reason of the execution of any work affecting the
tramways
may be made surface or soil of any road along which any tramway is laid, it is in the
when neces
sary. opinion of the Surveyor General necessary or expedient temporarily to
remove or discontinue the use of such tramway or any part thereof, the
Surveyor General shall , before such tramway, or any part thereof, shall be
temporarily removed, or the use thereof discontinued , give to the company
14 days' notice at least of the necessity or expediency of such temporary
removal or discontinuance, and immediately on receipt of any such notice