PEAK TRAMWAY ORDINANCE

PEAK TRAMWAY ORDINANCE

CHAPTER 304.

PEAK TRAMWAY.

To authorize the construction of the Peal, Tramway.

[3rd November, 1883.]

1. This Ordinance may be cited as the Peak Tramway,
Ordinance.

2. In this Ordinance-
'carriage' includes all carriages, cars, and trucks used upon
the tramway;
'company' means the Peak Tramways Company Limited;
'Director' means the Director of Public Works;
'works' or 'undertaking' means the works or undertaking
of whatever nature which by this Ordinance are or is
authorized to be executed.

3. (1) The company may construct and maintain, sub-
ject to the provisions of this Ordinance and in accordance
with the plan which has been deposited as hereinafter
mentioned, the tramway hereinafter described, with all proper
stations, crossings, passing places, sidings, junctions, rails,
turn-tables, plates, offices, weigh-bridges, sheds, works, and
conveniences connected therewith or for the purposes there-
of, and may work and use the same.

(2) The tramway authorized by this Ordinance is a
partly single and partly double line, commencing on the
south side of the southwest boundary of land held by the
war department at its junction with Garden Road, thence
passing in a southerly direction up the hillside, crossing over
Kennedy and Plantation Roads by means of bridges, to a
terminus at Victoria Gap on and adjoining Rural Building
Lot 80, as such tramway is now shown on a plan deposited
with the Director dated the 12th day of April, 1950, and
signed on his behalf and on behalf of the company :
Provided that such alterations as the company think fit may
be made in the position of the rail-tracks of the tramway as
shown on the said plan so long as they are within the limits
of deviation shown on the said plan.





4. Subject to the approval of the Governor in Council,
the company may alter the levels of the ground on which the
tramway is laid, make and construct all necessary cuttings
and embankments, bridges, viaducts, culverts, catch-water
drains, and other works, and divert streams : Provided
always that the earth excavated and thrown to waste is
disposed of in such manner as to prevent its being washed
down by rain into the harbour.

5. Subject to the approval of the Governor in Council,
after timely and adequate notification by public advertisement
or otherwise of the intention of the company to apply for such
approval, the company may construct and maintain, subject
to the provisions of this Ordinance and in accordance with
plans to be previously deposited with the Director, all such
crossings, passing places, sidings, junctions, turn-tables, and
other works in addition to those particularly specified in and
authorized by this Ordinance as may be approved by the
Governor in Council, and may work and use the same.

6. The tramway shall be constructed on a gauge not
exceeding five feet in width, and with steel rails, which shall,
before being laid down, be approved by the Director.

7. (1) Where the tramway, or any work connected
therewith, interferes with any sewer, drain, watercourse, or
subway, or in any way affects the sewerage or drainage.of
the Colony, the company shall not commence such tramway
or work until it has given to the Director fourteen days' notice
in writing of its intention to do so together with all necessary
particulars relating thereto, nor until the Director has signi-
fied his approval of the same, unless he does not signify, his
approval, disapproval, or other directions within fourteen
days after service of the said notice and particulars.

(2) The company, shall comply with the directions of the
Director in the execution of the said works and shall provide
by new, altered, or substituted works, in such manner as he
may require, for the proper protection of, and for prevent-
ing injury or impediment to, the sewers and works herein-
before referred to by or by reason of the tramway, and shall
save harmless the Director against the expense occasioned
thereby.





(3) All such works shall be done by or under the super-
intendence of the Director, at the cost and expense of the
company.

(4) When any new, altered, or substituted work is com-
pleted, the same shall thereafter be as completely under the
control of the Director, and be maintained by him, as any
other sewers or works.

8. If any difference arises between the company and
the Director with respect to any interference or control
exercised or claimed to be exercised by the company or the
Director, by virtue of this Ordinance, in relation to the tram-
way or any work, or in relation to any work or proceeding
of the Director, or with respect to the propriety or the mode
of execution of any work relating to the tramway, or on the
question whether any work is such as ought to satisfy, the
Director, or with respecl to any other subject or thing
regulated by or comprised in this Ordinance, the matter in
difference shall (unless otherwise specially provided for by
this Ordinance) be settled by the Governor in Council, on
the application of either party.

9. (1) If the company discontinues the working of the
trarnway or of any part thereof for the space of six months,
(such discontinuance not being occasioned by circumstances
beyond the control of the company, the want of sufficient
funds not being considered a circumstance beyond its con-
trol), the Governor in Council may, by order, declare that
the powers of the company in respect of such tramway, or the
part thereof so discontinued, shall, form the date of such
order, be at an end, and thereupon the said powers of the
company shall cease and determine, unless the tramway is
purchased by the Government in the manner provided by this
Ordinance.
(2) Where any such order has been made, the Director
May, at any time after the expiration of two months from
the date of such order, under the authority of a certificate to
that effect, remove the tramway or part of the tramway so
discontinued, and the company shall pay the cost of such
removal which shall be certified by the Director, and the
certificate shall be final and conclusive.
(3) If the company fails to pay the amount so certified
within two months after delivery of such certificate or a true





copy thereof, the Director may, without previous notice to
the company (but without prejudice to any other remedy
which he may have for the recovery of the amount), sell and
dispose of the materials so removed, either by public auction
or private sale, and for such sum and to such person as he
may think fit, and may, out of the proceeds of such sale,
reimburse himself the amount of the cost certified as afore-
said and of the cost of sale, and the balance, if any, shall be
paid to the company. [10

10. If it appears to the Governor in Council that the
company is insolvent, so that it is unable to maintain such
tramway or work the same with advantage to the public, the
Governor in Council rnay inquire into the financial affairs of
the company, and if it appears that the company is so in-
solvent as aforesaid, he may, by order, declare that the
powers of the company shall, at the expiration of six months
from the making of the order, be at an end, and the powers
of the company shall cease and determine at the expiration
of the said period, unless the tramway is purchased by the
Government in the manner provided by this Ordinance; and
thereupon the Director may remove the tramway in like man-
ner and subject to the same provisions as to the payment of
the cost of such removal, and to the same remedy for recovery
of such cost, in every respect as in cases of removal under
section 9.

11. (1) The Governor in Council may, within six
months after the expiration of twenty-eight years from the
time when the company was empowered to construct the
tramway, and within six months after the expiration of every
subsequent period of seven years, or within three months
after any order made by the Governor in Council under
section 9 or 10, by notice in writing require the company to
sell, and thereupon the company shall sell, to the Govern-
ment its undertaking on the terms of paying the then value
(exclusive of any allowance for past or future profits of the
undertaking or any compensation for compulsory sale or other
consideration whatsoever) of the tramway, and all lands,
buildings, works, materials, and plant, suitable to and used
for the purposes of its undertaking, such value to be, in cases
of difference, determined upon petition to the court in a
summary way : Provided that, if on any such land the
company shall have erected any building, or any portion of





a building, for purposes other than its undertaking, such
land and the whole of such building shall be deemed to be
included in the undertaking unless the Governor in Council
by notice in writing declares that such land and building
shall be excluded from the sale.
(2) When any such sale has been made, all the rights,
powers, and authorities of the company in respect of the
undertaking sold, or, where any order has been made by the
Governor in Council under section 9 or 10, all the rights,
powers, and authorities of the company previous to the
making of such order in respect of the undertaking sold, shall
be transferred to, vested in, and may be exercised by the
Government. [12

12. The carriages, motive power,machinery, and
apparatus of any kind whatsoever, used on or for the tramway
shall be subject to the approval of the Governor in Council,
and no carriage, motive power, machinery, or apparatus,
which has been disapproved by the Governor in Council shall
be used on or for the tramway. [13

13. Every carriage used on the tramway shall be so con
structed as to provide for the safety of passengers and for
their safe entrance to and exit from, and accommodation in
such carriage, and their protection from the machinery used
for drawing or propelling such carriage. [14

14. The Director or any officer appointed for that pur
pose by the Governor in writing, may inspect any engine or
carriage used by the company and the machinery therein, and
also any rope or other machinery of the tramway and report
thereon ; and the Governor may, by order, prohibit the use
of any such engine, carriage, rope, or machinery which may
be reported to be unsafe or unfit for use. [15

15. (1) The Governor in Council may by rules
prescribe or provide for-
(a) working and control of the tramway;
(b)use of the warning apparatus affixed to the engines
or used in any other way;
(c) emission of smoke or steam frorn the engines;
(d)engines and carriages being brought to a stand at
such places, and in such cases of impending danger,
as may be deemed proper for securing safety ;





(e)entrance to, exit from, and accommodation in the
carriages and the protection of passengers from the
machinery of any engine used for drawing or pro-
pelling such carriages;
the rate of speed of the engines and carriages;
(g) stopping of carriages using the tramways;
(h)due publicity for all rules and by-laws relating to
the tramway, by exhibition thereof in conspicuous
places;
(i)safety of the public in all cases in which it may
appear that such safety is or is likely to be en-
dangered or imperilled; and
contraventions of such rules which shall be offences
on the part of the company or any other person and
prescribing penalties therefor : Provided that no
penalty so prescribed shall exceed a fine of two
hundred and fifty dollars or in the case of a continu-
ing offence a fine of fifty dollars for each day during
which the offence shall have continued.
(2) Subject to the previous approval of the Governor in
Council, it shall be lawful for the company to make by-laws-
(a)for preventing the commission of any nuisance in or
upon any carriage, or in or against any premises
belonging to the company;
(b)for regulating the travelling in or upon any carriage
belonging to the company; and
(c) providing that contraventions of any such by-laws
shall be offences and prescribing penalties therefor :
Provided that no penalty so prescribed shall exceed
a fine of one hundred dollars. [16

16. (1) Subject to the approval of the Governor in
Council the company may sell or assign its undertaking, or
any part thereof, to such person, by public auction or private
contract, or partly by public auction and partly by private
contract, and with, under, and subject to such terms and
conditions in all respects, as the company may think fit,
with power at any such sale to fix a reserve price for or
buy in the same.

(2) When any such sale or assignment has been made,
all the rights, powers, authorities, obligations, and liabilities
of the company in respect to the undertaking, or part thereof,
sold or assigned, shall be transferred to, vested in, and may





be exercised by, and shall attach to, the person to whom the
same has been sold or assigned, in like manner as if the
undertaking, or part thereof, sold or assigned, was con-
structed by such person under the powers conferred by this
Ordinance, and in reference to the same he shall be deemed
to be the company. [18

17. Subject to the approval of the Governor in Council,
the company may demise its undertaking, or any part thereof,
to such person and for such term, and on such conditions, in
all respects as the company may think fit, to take effect either
in possession or at some future date, and either with or with-
out a premium as a consideration for such demise. [19

18. It shall be lawful for the company to borrow money
on mortgage of all or any part of its undertaking, and for
that purpose to assign or demise by way of mortgage all or
any portion of its lands, messuages, or tenements, erections,
buildings, works, rolling stock, plant, machinery, chattels,
and effects to any person, and to enter into all such
covenants, provisos, declarations, and agreements, as the
company may think fit. [20

19. The Governor in Council may, by order, direct that
precedence over the company and all other persons in the
user of the tramway be taken for defensive or military pur-
poses or for the passage of troops and war material, on
giving to the company, on each occasion of such user, three
clear days' notice, and shall direct the payment to the com-
pany therefor of such tolls as may be agreed on. If no
agreement is come to, then the amount of such tolls shall be
determined upon petition to the court in a summary way. [21

20. Save and except passengers' luggage not exceeding
sixteen pounds in weight or one cubic foot in measurement,
the company shall not be bound to carry any animals, goods,
merchandise, minerals, or parcels. [22

21. (1) The company may demand and take the tolls
specified in the Schedule, which shall be paid to such per-
sons, and at such places, and in such manner as the company
may, by notice annexed to the list of tolls, appoint.





(2) A list, printed in the Eliglish and Chinese languages,
of all the tolls authorized to be taken shall be exhibited in a
conspicuous place at the offices of the company and inside
each of the carriages used upon the Provided
that if there is any variation between the English and Chinese
prints of the sald list, the English prints shall prevail.

(3) It shall be lawful for the Governor in Council by
order to amend the Schedule in any way which he may think
fit. [23

22. If the carriages during any Journey contain their
authorized complement of passengers, the company shall not
be bound to find accommodation for any other passenger,
notwithstanding that he may have purchased a ticket entitling
him to travel on the tramway. [24

23. Any person who Wilfully obstructs any person
acting under the authority of the company in the lawful
exercise of any of the powers hereb conferred, or damages
or destroys any property of the company shall be liable to a
fine of one hundred dollars. [25

24. Any person who wilfully and without lawful
excuse-
(a)interferes with, removes, or alters any part of the
tramway or of the works connected therewith; or
(b)places or throws any stones, dirt, wood, refuse, or
other materials or, any part of the tramway ; or
(c)does or causes to be done anything in such manner
as to obstruct any carriage using the tramway or to
endanger the lives of persons therein or thereon ; or
(d) aids or assists in the doing of any of such things,
shall be liable (in addition to any proceedings by way of
indictment or otherwise to which he may be subject) to a
fine of one hundred dollars. [26

25. Any person who-
(a)while travelling or having travelled in any carriage,
avoids or attempts to avoid payment of his fare; or
(b)having paid his fare for a certain distance, know-
ingly and wilfully proceeds in any carriage beyond
such distance and does not pay the additional fare.
for the additional distance, or attempts to avoid pay-
ment thereof; or





(c)knowingly and wilfully refuses or neglects, on
arriving at the point to which he has paid his fare,
to quit any carriage,
shall be liable to a fine of one hundred dollars. [27

26. Every passenger shall, on request by any officer or
servant of the company, either produce, and if so requested
deliver up, a ticket showing that his fare is paid, or pay his
fare from the place whence he started, or give the officer or
servant his name and address; and in case of default any
such passenger shall be liable to a fine of one hundred
dollars. [28

27. It shall be lawful for any officer or servant of the
company, and all persons called by him to his assistance, to
seize and detain any person discovered either in or im-
mediately after committing or attempting to commit any such
offence as is irientioned in sections 25 and 26 and 'whose
name or residence is unknown to such officer or servant, until
such person can be conveniently taken to a police station for
safe cuslody and detained until he is discharged by due
course of law. [29

28. No person shall be entitled to carry or to require to
be carried on the tramway any dangerous goods as defined
by the Dangerous Goods Ordinance, 1873; and any person
who sends by the tramway any, such goods, without distinctly
marking their nature on the outside of the vessel or packag`e
containing the same, or otherwise giving notice in writing to
the book-keeper or other servant with whom the same are left,
at the time of such sending, shall be liable to a fine of
one hundred dollars.It shall further be lawful for the
company to refuse to take any parcel that it may Suspect to
contain any such dangerous goods or require the same to
be opened to ascertain the fact. [30

29. Any summons, writ, or other proceeding required
to be served on the company may be served by the same
being left at, or sent by post directed to, the principal office
of the company, or being given or sent by, post directed to
the secretary, or, in case there is no secretary, the solicitor of
the company. [31





30. With respect to notices, and to the delivery, thereof
by or to the company, the following provisions shall have
effect-
(a) every notice shall be in writing; and
(b)a notice to be delivered by or to the company to or
by any other company or person may be delivered
by being left at the office of such other company or
person, or at the then present or then last-known
place of abode or residence of such person, or of
his ostensible agent, or of other the agent who pays
the rents, rates, and taxes payable in respect of the
property of such person, or by being affixed on some
conspicuous part of any lands affectcd or intended
to be affected by such notice, or by being left at the
office of the company, as the case may be, or by
being sent by post in a registered letter addressed,
as the case may be, to the clerk or secretary of such
other company at its principal office, or to such per-
son at his then present or then last-known place of
abode or residence or at his office or business
premises, or by being so sent by post addressed to
the ostensible agent or agents of such Person, or
other the agent or agents aforesaid, or to the clerk
or secretary of the company at its principal office.
[32

31. (1) If any party has committed any irregularity,
trespass or other wrongful proceeding in the execution of this
Ordinance or by virtue of any power or authority hereby
given, and if, before action brought in respect thereof, such
party makes tender of sufficient amends to the party injured,
such last-mentioned party, shall not recover in any such
action.

(2) If no such tender has been made, it shall be lawful
for the defendant, by leave of the court wherein such action
is pending, at any time before answer filed, to pay into court
such surn of money, as he may think fit, and thereupon such
proceedings shall be had as in other cases where defendants
are allowed to pay money into court. [33

32. Any toll, or penalty imposed by this Ordinance, the
recovery of which is not otherwise provided for, may be
recovered before a magistrate. [34





33. The conipany, shall be answerable for all accidents,
damages, and injuries happening through its act or default,
or through the act or defattit of any person in its employment,
by reason or in consequence of any of its works or carriages,
and shall save harrifless all other companies or bodies,
collectively and individually, their officers and servants, from
all darnages and cost in respect of such accidents, damages,
and injuries. [35

34. Notwithstanding anything in this Ordinance, the
company and any persons using the tramway shall be
subject and liable to the provisions of any general Ordin
ance now in force or which may hereafter be passed relating
to tramways, or by which any tax or duty may be granted
or imposei for or in respect of tramways or the passengers
or traffic conveyed thereon, and to any condition, regulation
or restriction which may be imposed on the use of tramways,
or on the use on tramways of animal power, steam power,
or any mechanical power, by any such general Ordinance
as aforesaid. [36

35. Nothing in this Ordinance shall affect or be deerned
to affect the rights of His Majesty the King, His Heirs and
Successors, or the rights of any body politic or corporate or
of any other persons except such as are mentioned in this
Ordinance and those claiming by, from or under them. [37

SCHEDULE.

TABLE OF TOLLS.
1.................................For every passenger travelling on the tramway or any
part thereof-
(a) Lower Terminus to Upper Terminus, any sum
not exceeding ..................60 cents
(b) Lower Terminus to May Road, any sum not
exceeding ....: .........40
(c) May Road to Upper Terminus, any sum not
exceeding ...............40
(d) N.C.O.'s and men of Regular Forces, any
distance, any sum not exceeding 40
Provided that domestic servants and workmen occupying seats
allocated to such class or classes of persons by the Company shall not
be charged more than the following tolls-
(a) Lower Terminus to Upper Terminus, any sum
not exceeding.................................................. 25 cents




(b) Lower Terminus to May Road, any sum not
exceeding ................. 15 cents
2............For every small animal, per head, any distance 10 cents
3............For parcels, any distance-not exceeding 7 lb. in
weight, each ......................5
Exceeding 7 lb. and not exceeding 14 lb . 10
Exceeding 14 lb. and not exceeding 28 lb . 15,
Exceeding 28 lb. and not exceeding 56 lb . 20
Exceeding 56 lb. in weight, such sum as the company
may think fit.
The weight shall be determined according to the usual avoirdupois
weight.


(Subsidiary legislation under this Chapter, with sub-
sequent amendments (if any) incorporated, is set out under
the following short titles-

Date. Short Title. Page.
4th March, 1927. Peal, Traviway Rules 302
ioth August, 1923. Peal, Tramway By-Laws 3o5)

PEAK TRAMWAY RULES.
(Cap. 304, section 15(1).)
(Ordinance No. 2 of 1883)
[4th March, 1927.]

1. These rules may be cited as the Peak Trainway Rules.

2. These rules shall apply to the tramway referred to in
subsection (2) of section 3 of the Ordinance, commonly known as
the Peak Tramway.

3. In these rules, 'Superintendent Engineer' means the
superintendent engineer of the company, and includes every acting
superintendent engineer and every assistant superintendent engineer
of the company.

PART I.
4.(1) (a) The Company is authorized to use simultaneously
a Type A carriage and a Type B carriage or two Type
A carriages or two Type B carriages.





(b)A Type A carriage is a carriage of not unladen weight
of not less than 140 cwt. nor more than 155 cwt. A
Type B carriage is a carriage of net unladen weight of
not less than 130 cwt., nor more than 140 cwt.
(c)The maximum permitted number of passengers to be carried
on a Type A carriage shall not exceed 55, and on a Type
B carriage, 62.
(2) In reckoning the number of passengers two children under
the age of 12 years, not being babies in arms, shall count as
one passenger, and babies in arms shall not be counted.

(3) In addition to the passengers each passenger carriage may
carry one brakesman, one ticket collector and one ticket inspector.

(4) Any servant of the company, other than those specified
in paragraph (3), when travelling on a passenger carriage must
be counted as a passenger for the purpose of this rule.

5. The weight of any luggage, goods or merchandise of any
description whatever conveyed by any passenger carriage together
with the weight of the passengers in such carriage (who for this
purpose shall be held to weigh 140 lb. each) shall not exceed
3.5 tons. No luggage, goods or merchandise shall be conveyed in
any carriage attached to any passenger carriage.

6. Except at the termini at Garden Road and Victoria Gap
no carriage shall stop at any place, nor shall any place be used
for the purpose oC taking up or depositing passengers, unless such
place has been certified by the Director as safe and suitable for
the purpose, and any such place when so certified shall be kept
and maintained by the company in constant good order and con-
dition.

7. At all times while the carriages are running the company
shall keep one or mgre competent watchmen employed to prevent
any stones, dirt, wood, refuse or other materials or any obstruction
from being placed on the permanent way or rails and to remove
any such materials or obstructions therefrom.

8. The maximum speed of any carriage at any point shall
not exceed 12 miles an hour, and such speed shall be controlled
by an overspeed prevention device. No carriage shall pass through
movable facing points at a speed exceeding 4 miles an hour.

9. All electrical apparatus shall be suitably guarded for the
prevention of accidents, and shall comply with any regulations
made under section 3 of the Electricity Supply Ordinance, and for
the time being in force.

10. The company shall continue and maintain the following
existing works, equipment and things, to the satisfaction of the
Director-
(a)a track indicator on the engine room starting platform
to show the stopping positions, with the names of the
stations clearly marked thereon in brass letters or charac-
ters in English and Chinese;
(b)the marking of the control lever on the starting platform
of the engine room to indicate clearly the direction of
drive;
(c)a framed list showing the detail in English and Chinese
of bell signals commonly in use for operation of the cars,
posted in a conspicuous position in the engine room.





11. The company shall give one month's notice in writing to
the Director of every intended change or alteration of or in any
carriage or engine used on or in connexion with the tramway,
or of or in the permanent way or rails, and the Director may if
he thinks fit require the same to be tested, and may where the
circumstances of the case permit allow any such change or altera-
tion to be made prior to the expiration of such notice as aforesaid.

12. The Director shall be immediately notified by the company
of any change in the person performing, temporarily or otherwise,
the duties of the Superintendent Engineer.

13. The rope shall be examined by the Superintendent
Engineer for broken wires, and the circumference gauged, at least
twice a week during the first month of its being put in use,
and at least once a week afterwards till signs of wear appear,
when the examination must be made daily, and the company shall
be responsible for the renewal of the rope directly such renewal
becomes necessary in the opinion of the Superintendent Engineer.

14. The undercarriages and brake gear of the passenger
carriages, and the apparatus for starting or stopping the carriages,
shall be subjected to a thorough examination by the Superintendent
Engineer at least once a week, when the brake gear shall be
released, the brake jaws screwed up by hand, all parts hammer-
tested, the tightness of all nuts tested by spanner, all parts well
greased or oiled as required and the brake gear re-set. The holding
down bolts of the brake rail and running rails shall be tested and
tightened every week.

15. No passenger carriage shall be used on the tramway, or
continued in use, unless and until the inner faces of the brake
jaws are roughened by chisel cross cuts.

16. The inner faces of the brake jaws of the passenger
carriages shall be subjected to careful examination by the Superin-
tendent Engineer at least once a week. If from any cause the
roughened surface has become smooth such faces shall be re-
roughened in manner aforesaid before the carriage is again used
on the tramway. The cause of smoothing shall be ascertained and
removed if practicable,

17. The faces of the centre rail, where the gradient exceeds
1 in 3, shall be roughened by chisel cross cuts; the roughened
faces shall be treated with a coating of tar applied whilst hot.

18. The roughened faces of the centre rail shall be subjected
to a careful examination by the Superintendent Engineer at least
once a week; any smoothing shall be remedied as soon as prac-
ticable by re-roughening in manner aforesaid and by again treat-
ing with a coating of tar applied whilst hot. The cause of smooth-
ing shall be ascertained and removed if practicable.

19. The points and signalling apparatus and lights in con-
nexion with the points shall be examined weekly.

20. All accident prevention apparatus shall be examined weekly
by the Superintendent Engineer.





21. All viaducts, cuttings, embankments, cross drainage, track
bed and station works shall be thoroughly examined once every
three months, and during every period of heavy and constant rain,
and after earth tremors, by the Superintendent Engineer, or if
the Governor in Council thinks it advisable by an engineer approved
by the Director.

22. All electrical contingency devices shall be tested as to their
efficiency at least once a week by the Superintendent Engineer in
a reasonable manner approved by the Director.

23. A record of all tests, examinations and inspections by the
Superintendent Engineer or the aforesaid approved engineer shall
be kept by the company and a copy shall be forwarded to the
Director quarterly.

PART II.

24. No person shall remain on board any passenger carriage
if directed by any servant of the company to leave such passenger
carriage in order to enable the company to comply with the pro-
visions of any of these rules.

25. No person, not being a servant of the company, shall alight
from or board any carriage while such carriage is in motion, or
at any place or spot not being one of the appointed stopping places
for passengers during the run as then being made by that carriage.

26. No person, not being a servant of the company or duly
authorized by the company, shall go or be upon any part, of the
tramway line or track, which term for the purposes of this rule
shall include all the tramway buildings, sheds, steps, ways, embank-
ments, bridges, viaducts, cuttings, areas and spaces not provided
for the use of passengers.

27. If the company or any other person contravenes any of
the provisions of the following rules the company or such other
person shall be liable to a fine of two hundred and fifty dollars,
or in the case of a continuing offence to a fine of fifty dollars
for each day during which the offence shall have continued-
In Part I, rules 4(1)(c), 6, 7, 8, 9, 10, 12, 13, 14, 15 or 16;
In Part II, rules 24, 25 or 26.

PEAK TRAMWAY BY-LAWS.
(Cap. 304, section 15(2).)
[10th August, 1923.]
1. These by-laws shall extend and apply to every carriage
of the company and to all places with respect to which the company
has power to make by-laws.

2. In these by-laws-
'carriage' includes all carriages, cars and trucks used upon the
tramway:





'conductor' includes any officer or servant in the employment of
the company and having charge of any carrilage either tem-
porarily or otherwise and shall include in inspector of the
company;
'interior of a carriage' shall not include the non-enclosed portions
of such carriage;
'premises' includes all premises of whatsoever nature used in
connexion with the tramway.

3. When a carriage stops, no person shall board the carriage
until all passengers desiring to alight therefroni shall have done
so.

4. No person shall enter, mount or leave, or attempt to enter,
mount or leave, any carriage in motion.

5. No passenger or other person not being a servant of the
company shall travel on any carriage otherwise than on a seat
provided for passengers.

6. When any carriage contains the full number of passengers
which it is authorized to contain, no additional person shall enter,
mount or remain in or on any such carriage when warned by the
conductor not to do so, and any such additional person in or on
any such carriage in breach of this by-law shall leave the said
carriage when requested by the conductor to do so.

7. No passenger shall smoke in the interior of my carriage,
and no person shall spit in, on, from or against any carriage, or
on any of the company's premises.

8. No passenger or other person shall, while travelling in or
upon any carriage, play or perform upon any musical instrument.

9. No person in a state of intoxication shall be or enter upon
the company's premises or enter or mount upon any carriage, and
if found in or upon any carriage, shall leave the carriage immediately
on being requested to do so by the conductor.

10. No person shall swear or use obscene or offensive language
whilst on the company's premises or in or upon any carriage, or
wilfully interfere with the comfort of any passenger.

11. No person shall commit any nuisance in, on or against any
carriage, tramway station, waiting room or premises used in con-
nexion with the tramway.

12. No person shall wilfully cut, soil or damage the company's
premises or the seating accommodation or any other part of any
carriage, or remove or deface any number plate, printed or other
notice, in or on any carriage, or break or scratch any window of
or otherwise wilfully damage any carriage. Any person acting in
contravention of this by-law shall be liable to the penalty prescribed
by these by-laws, in addition to the liability to pay the amount of
any damage done.





13. A person whose dress or clothing might in the opinion of
the conductor soil or injure the carriage or the dress or clothing
of any passenger, or who in the opinion of the conductor might for
any other reason be offensive to passengers, shall not mount, enter
or remain on or in any carriage, and may be prevented from so
doing, and if found on or in any carriage shall, on request of the
conductor, leave the same upon the fare, if previously paid, being
returned.

14. Every passenger shall upon demand pay to the conductor or
other duly authorized officer of the company the fare legally demand-
able for the journey and accept a ticket therefor. Any person
leaving the car (except as provided in by-law 19 of these by-laws)
shall be deemed to have completed his journey.

15. Every passenger shall show his ticket (whether season or
coupon or other form of ticket) when required to the conductor or
any duly authorized servant of the company, and shall also when
required either deliver up such ticket for inspection or pay the
fare legally demanable for the distance travelled over by such
passenger or furnish the conductor with his or her true name and
address.

16. No dog or other animal shall be allowed in or on any
carriage except on a lead, and no dog or other animal shall be
allowed in or on any carriage, whether a season ticket shall have
issued by the company in respect of such do., or other animal or
not, except by permission of the conductor, nor in any case in
which the conveyance of such dog or other animal might be offensive
or an annoyance to passengers. No person shall take a dog or
other animal into or on any carriage after having been requested
not to do so by the conductor. Any dog or other animal taken into
or on any carriage in breach of this by-law shall be removed by
the person in charge of such dog or other animal from the carriage
immediately upon request by the conductor, and in default of
compliance with such request may be removed by or under the
direction of the conductor.

17. No person other than a member of His Majesty's naval,
military, air or police forces shall travel in or on any carriage of
the company with loaded firearms, and no person save as aforesaid
shall travel with cartridges (except cartridges for sporting use),
gunpowder or other explosive materials.

18. No passenger shall wilfully obstruct or impede any officer
or servant of the company in the execution of his duty upon or
in connexion with any carriage or tramway of the company.

19. If at any time a carriage becomes disabled or in any way
damaged, or from any cause unable to proceed, the passengers shall
upon the request of the conductor leave the same, and if such
passengers have paid their fares, they shall not be entitled to
demand back the amount of their fares so paid, but on production
of their tickets shall be allowed to travel by the next available
carriage the remainder of the distance in respect of which they
have paid their fares. No person shall except with the leave of
the conductor enter a disabled or damaged carriage.





20. Any person who commits, whilst on the company's premises
or in or on any carriage, any breach of these by-laws shall if the
offence is continued be liable, in addition to incurring the penalty
hereinafter provided, to be immediately removed from the carriage
and the company's premises by or under the direction of the con-
ductor and if such person shall have paid his fare he shall not
be entitled to claim its return.

21. Any person who offends against or commits a breach of
any of these by-laws shall be liable to a penalty not exceeding ten
dollars.

22. There shall be placed and kept placed in a conspicuous
position at the company's termini and at its registered offices printed
copies in the English language of these by-laws.

23. These by-laws are in addition to and not in substitution
for the provisions and powers contained in the Ordinance, and any
rules thereunder made by the Governor in Council.
Originally 6 of 1883. Fraser 2 of 1883. 24 of 1950. 4 of 1951. Short title. Interpretation. Power to construct and work certain tramways. 24 of 1950, Schedule. Power to alter levels of ground, etc. Power to make additional crossings, etc. gauge. Protection of sewers, etc. Settlement of differences between company and Director. Discontinuance of tramway by company. [s. 9 cont.] Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power, etc. construction of carriages. Inspection of engines, etc. Rules and by-laws. [s. 15 cont.] Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Toils Schedule. [s. 21 cont.] Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare. 52 & 53 Vict, c. 57, s. 5. Detention of offender. Penalty for bringing dangerous goods on tramway. (1 of 1873.) Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of toils, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Saving. 4 of 1951. Schedule. [s. 21.] G.N. 671/46. [Sch. Cont.] Regulations. Fraser, vol. 1, p. 122. G.N.A. 8/50. G.N.A. 281/50. G.N.A. 8/50. (Cap. 103.) G.N.A. 281/50. Regulations-Fraser, vol. 1, p. 126.

Originally 6 of 1883. Fraser 2 of 1883. 24 of 1950. 4 of 1951. Short title. Interpretation. Power to construct and work certain tramways. 24 of 1950, Schedule. Power to alter levels of ground, etc. Power to make additional crossings, etc. gauge. Protection of sewers, etc. Settlement of differences between company and Director. Discontinuance of tramway by company. [s. 9 cont.] Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power, etc. construction of carriages. Inspection of engines, etc. Rules and by-laws. [s. 15 cont.] Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Toils Schedule. [s. 21 cont.] Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare. 52 & 53 Vict, c. 57, s. 5. Detention of offender. Penalty for bringing dangerous goods on tramway. (1 of 1873.) Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of toils, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Saving. 4 of 1951. Schedule. [s. 21.] G.N. 671/46. [Sch. Cont.] Regulations. Fraser, vol. 1, p. 122. G.N.A. 8/50. G.N.A. 281/50. G.N.A. 8/50. (Cap. 103.) G.N.A. 281/50. Regulations-Fraser, vol. 1, p. 126.

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