the-ordinances-of-the-legislative-counci-1890v3 — Page 455

1738 ORDINANCE No. 6 CF 1883.


Tramways.


Honourable FREDERICK DAVID SASSOON of Victoria aforesaid CHARLES VINCENT
SMITH formerly of Victoria aforesaid but now of Shanghai in the Empire of China
Esquire and WILLIAM KERFOOT HUGHES of VICTORIA aforesaid Esquire (who are all
hereinafter referred to as ' the Promoters ' ) of the one part and the Honourable
PHINEAS RYRIE of Victoria aforesaid and ALEXANDER FINDLAY SMITH of Victoria
aforesaid merchant (who are both hereinafter referred to as ' the Purchasers ' ) of
the other part Whereas by the Tramways Ordinance 1883 it was amongst other things
enacted that (section 3 ) the promoters or the survivors or survivor of them should
be the promoters for the purposes of that Ordinance and were thereinafter referred
to as the promoters and that (section 4 since repealed ) when and so soon as that
Ordinance should have come into operation as thereinafter provided (but not before)
the promoters might with the assent and approval of the Governor in Council and in
manner therein mentioned assign and absolutely dispose of any one or more of the
tramways thereby authorised to be constructed and all and every the assignees or
assignee for the time being from the promoters whether a corporate body or not were
and was thereinafter included in the expression and referred to as the company and
the said reciting Ordinance more particularly mentioned and described the tramways
which were thereby authorised to be made and constructed the powers for construction
thereof the provisions for the protection of gas and water companies and of sewers
drains water-courses and subways the powers to sell lease and mortgage and the
other powers and provisions therein more particularly mentioned and set out and in
particular it was thereby enacted that (inter alia ) if the company did not within
three years after the time at which they might under that Ordinance have commenced
the construction of any one or more of the tramways thereby authorised and complete
and open the same for public traffic or if within one year after the time aforesaid the
construction of any one or more of such tramways was not in the opinion of the
Governor in Council substantially commenced the powers thereby given to the
company for constructing such tramways so not completed or commenced or otherwise
in relation thereto should cease to be exercised unless the time were prolonged by
the Governor in Council And it was thereby also enacted that (section 145) that
Ordinance should not come into operation until Her Majesty's confirmation thereof
was proclaimed by the Governor And whereas by a proclamation dated the third
November one thousand eight hundred and eighty-three, and published in the Hongkong
Government Gazette of the same date under the hand of His Excellency Sir George
FERGUSON BOWEN Knight Grand Cross of the most Distinguished Order of St.
Michael and St. George Governor and Commander-in - Chief of the Colony of Hongkong
and its Dependencies and Vice- Admiral of the same and the Seal of the said Colony
of Hongkong after reciting that a despatch had been received from the Right
Honourable the Earl of DERBY Her Majesty's Principal Secretary of State for the
Colonies conveying to him ( the said Sir GEORGE FERGUSON BOWEN ) Her Majesty's
gracious confirmation and allowance of (inter alia) the said recited Ordinance it was
by the now reciting proclamation proclaimed that ( inter alia) the said Ordinance
had been so confirmed and allowed as aforesaid And whereas by the Tramways
Ordinance Amendment Ordinance 1883 after reciting that a doubt had arisen as to
the powers conferred upon the promoters for the purposes of the Tramways Ordinance