TRAMWAY ORDINANCE, 1882

TRAMWAY ORDINANCE, 1882

in Sam-,

wary .)'urisdic-
0on:'

''Cle Cashier of
tic itai.ztk.'

ORDINANCE .N0. 1 ..QF ;1882.

Tramways.

No..1 of 188.
An Ordinance for authorising the construction of certain Tramways

within the Colany of Hongkona.

[9th February, ls8`?.]

'l'HEhEAS a Company bas been incorporated by the name of ' The Hongkong
and China Tramways Company, limited,' for the construction of certain
Tramways within the Colony of Hvngkong; And whereas.it is desirable to
authorize
the construction of such tramways as hereinafter mentioned: Be it,
therefore, enacted
by the Governor of Hongkong, with the advice of the Legislative Coup` cil
thereof, as
follows.:---

1. This Ordinance may be cited as 'The Tramways Ordinance, 1882.'

2. The terms hereinafter mentioned shall have the meanings assigned to
them,
unless there be something either in the subject, or context, repugnant to
such cons-
truction, that is to say:-
The expression 'the company' shall mean the Hongkong and China Tramways
Company, Limited, and also (where not inapplicable) tiny assignees, or
assignee, les-
sees, or lessee, front, such Company. ,
The word 'Owner' or 'Owners' shall mean any person or, persons, or
corporation;
who,' under the provisions of this Ordinance, is enabled to sell and
assign lands to the
company. 4 '

The word 'Lands' shall extend to messuages, lands, tenements -and
bereditaments
of any tenure. , , _
w
The word 'Lease' shill include a sub-lease, and an agreement for a lease,
or sub-
lease.

The expression 'the Court' shall mean the Supreme Court of the Colony of
Hongkong. ,

The expressions', Payment into Court' or `Paid into Court' shall
respectively
include payment into any bank, under the order, or by the direction of
the Court. ,

The expression 'Judge in Summary Jurisdiction' shill wean one of the
JUclaEs
of the Supreme Court, sitting in Summary Jurisdiction. r

'The blank.' ' 'The.e$pression 'the Bank' shall mean any corporate, or
chartered institution
doing banking business in the 0 olony.'

The expression 'the cashier of the Bank' s.ha.ll inean;the cashier or
acting cashier
for-the time being of the bank. r
The expression 'road' shall mean any roadway over which, the tramways
autho-
rized by this Ordinance shall pass, and the roadway of any bridge forming
cart- of or
leading to the same.
The expression 'the works' or' the undertaking' shall mean the works or
under-
taping of whatever nature; which shall by this Ordinance be authorized to
be executed.
ORDL\ANCE loo. 1. QF 1882..

Tramways.

Construction of tramways.

3. The company may construct and maintain, subject to the provisions of
this
-Ordinance, and in accordance with the plans which bare been deposited as
hereinafter
mentioned, the tramways hereinafter described, with all prbper stations,
crossings,
passing-places, sidings, junctions, rails, turn-tables, plates, offices,
weigh-bridges, sheds,
works, and convenience' connected therewith, or for the purposes thereof,
and may
work and use the same.

The tramways authorized by this Ordinance are:---

Tramway No. 1.-A single line, one mile, two furlongs, 4.24 chains in
length,
commencing at the north-west corner of Inland Lot number four hundred
and seventy-one, thence passing along the Praya East, Wanchai Road,
and Queen's Road East, and terminating at a point opposite the entrance
to the Eastern Market at the junction with trannway No. 2.

Tramway No. Z--A double line, cue mile, four furlongs, 1.21 chains in
length,
commencing at a point opposite the entrance to the Eastern Market at
the .junction with tramway No. 1 at its termination, thence pa~'ssinri
along Queen's Road East, Queen's Road Central and Queen's Road West,
and. terminating at a point opposite Inland Lot number two hundred and
nineteen at tlae junction with tramway No. 3.

Tramway No. 3.--A single line, three furlongs, 2.77 chains in length,
eoul-
mencing at a point opposite Inland Lot number two hundred and nineteen
at the junction with tramway No. 2 at its termination, thence passing
along Queen's Road West, and terminatiilg at a point opposite `Marine
Lot number eighty-one, at the, junction with tramway No. 4.

Tramway No. 4.--Whichever of the two following lines the company shall
desire to construct and maintain, that is to say:--

(a.) A single line three furlongs, 7.82 chains in length, commencing at a
point
opposite Marine Lot number eighty-one, at the junction with tramway
No. 3 at its termination, thence passing along that part-of centre street
which lies between Queen's Road West and Praya West, thence along
Praya West and terminating at a point in the roadway there opposite
the northern end of an imaginary line separating Marine Lot number
one hundred and eighty-nine from Marine Lot number one hundred
and ninety.'
.

(b.) A single line one furlong, one chain in length, commencing at a point
opposite Marine Lot number eighty-one, at the junction with tramway
No: 3 ,at its termination, thence passing along Queen's Road West to
a point opposite the southern entrance of the premises known as the
Sailors' Home on Inland Lot number one hundred and eighty-seven A.
flower try deviate
tr;tonr;yy Ku. G.

C)PIDI~t'aNXE ;No. 1 0~p 138.

Tramways.,

Tramway No. 5,-A single. line four miles, two furlongs in length, corn
mencing,
at the north-west corner of Inland Lot number four,hundrad and seventy-
otie, thence passing along the S'sau-lci-wan Ivaad to a, point on the
north
side of, d'tld opposite to, the es,stern side of Shau-ki-wan Lot number
seven.

Tramway No. 8.-A partly siugle.alid partly double line, COL11ll1.e11Glna
on the
south side of the south-west boundary of the War Department ground at= : .
its junction with the Garden Read, thence passing in a, southerly
direction' `
up the hillside to the Victoria Gap, crossinj over the Kezlnady and:- `-~
Plantation Roads by 1rLCans of brides, and terminating at the Yictor'i~°`-
' Gal, at a point on the north side of Farm Lot number fifty-three.
Provided that such alterations as the company shall think fit may be made
in the
position of the rail-trz.cl,;s of the tramway No. G as shown on the
deposited Plan thereof;:
sLich-altern,tions heitlri witHin the limits of deviation shown on the
said last-mentioned :'.

plan.

P,;wnr to lay ?, 4, Whercz a, double line of Iratnway is hereby
autlaorized to 'be laid down, it shall
yLnaJte line wlt©rtt ,
double rrtto , not be ,compulsory upon the company as lay -down a
clouble'line,- but they Icnay;:: al;=,=

tattGr~r~x~rL.

-th~ii ciiscretiozi, lay dawn in the first instance a single line of
tramway in lieu of i~ch ~_:
double line, and may, at the like discretion, at any time thereafter,
convart su^h
last.na,rned single live into the double line. hereby-autharized to be
laid dawn - ; Pr~cvi~ad. -r=
always if the wurhiug of tiny _doukrle .line be considered by the
Governor a Caunexl ;
dangerous or inconvenient it shall '~e la~vvf~rl for the Governor
in-Ct~uncil a,~-y 3s
-~`

oliscretion to cause the company tocontinue one of the lines of rail and
_thereu i -
the compaty shall place the feznaiuiug line iz: such part of the road 215
the Governor
in <:ouneil.sliall in writing approve o7

Power 'to widen , 'rJ.- Subject. to the approval of the Governor in
Council being)'- first, obtained, the: `s.
;,ectui7n bridges;

ka. -company niay, in the construction of the above tramways, or any of
them, alter the
level of, aiid widen, the bride known as '°.f3owrinaton Bridge,'' which
spans the
northern ezid -of the Bowrin;ton Canal at its junction with the harbpur
of Victoria, and 7
the bridge which spans the northern end of the nuttah or etrearri
runhing, between

a-iio Lot number one hundred and ninety-eio-bt and MarineLdt number one
hundred
ri
jtn d ~iil~ety.-nine at its junction with the-said harbour, or either of
the said bridges;.
and subject as aforesaid, may, as regards the. tramway No, fi, alter the
levels of the
grc~uad on which the staid tramway No. 6 is laid, n3a1;`e atzd coysti uct
all 'necessary
ctxttira'gs ana ezn'banhtnents, brides, viaducts, culverts, catch-water
drains, and other
worl~n=; arid divert str eanzs.
6. Subject to the approval of the Governor in Council being first
obtained-, aft,e:°-;
timely and adequate notification by public advertisement or otherwise of
.the intention
of the company to apply for such approval, the company may, in addition
to the above
Iraznways, construct, and maintain, subject to the provisions of this
Ordinance, knit in
accordance kith hlans to be previously deposited 1>y the company in the
office of the

Power to make
additional
't1rSri1S5'71)'9.
OPLIi\T.El'.\'Ciul No.. I 'F 1882.

Tramways.

Surveyor General, and may alter or deviate such other and further lines
of tramway
and sidings (either as extensions to all or any of the said lines of
tramway llereinbefore
more particularly described or otherwise) between such places within the
Colony of
Honghong, and 1x1 upon and along such roads as the Governo4in Council
shall, from.
time to time, approve of, with all proper works, and eonveuieuces,
connected therewith
Or for the purposes thereof, and may work and use the same.

7. The Mans hereinbeore referred to as having been deposited, are the
plans Nos.
1 to 6, da, and 7 to 20 inclusive, deposited by the company in tile
office of the Surveyor
General.

g,. Every tramway running oven and along any road shall bo
c:oxlsl;tl7cted and' 'rrattm.P to be
lit tnid<lIe c>f tuad.

xllaintaiuml as nearly as may be;in the middle of such road, and no
tramway shall be
o laid that, for a distance of thirty feet or upwards, a less space than
nine feat shall
intervene between the outside of tile footpath on either side of the road
and the nearest ,
rail of the tramway, except in tile case of bridges, streets, or other
places 'cohere the
~width may not be sufficient to allow a space of 111x14 feet on either
side, and eiz.cept
where it may be necessary to construct duel maintain loops for el)ablixig
the cars,
carriages, axed trucks, to pass each other, or to construct sidings and
curves, all which

eseept;ions shall be subject to the reasonable approval ill writillg, of
the Surveyor

9: - The tramways Ness, 1, 2, ;3, d, and 5 shall be constructed on a
gouge x)ot excecdixlg

tlzrke felt,-sih inches in Widtb; and zwitll two st cycl brooved roils,
which said rails shall,
before being-laid down, be approved of by the: veyor General, and shall
be laid and
xnaint fined in such manner that the up~ ernmi~t u'~face thereof shall be
on a level with
#~ 1

the surface of the road. Provided that the Governor ill Couxlcil may,
from tame to
time, require the company to adopt and aptly such improvements in the
last-mentioned
t4amways, including their rails, as eaperienee.nlay suggest,
having,regard to the greater
security of the public and advauta.ge to the ordinary traffic, and the
colxlpany sha.Il with
all reasonable despatch comply with any order made 1}y the Governor in
Council for
the purpose of carrying out any such improvements.

IUThe tramway No. 6 shall be constructed on a gua,ge not exceeding-live
feet in rtt,t~e, CS

t~tGtnway
irYt.
width,- and with steel rails, ~svpich said rails shall, before being land
don; 1>e approved

of by the Surveyor General.

lI. The company frarn time to t.inle fur the purpose of lIr~aking,
forming, laying Power to u.eax
up roads. -
dowxl, maii)t-ainixig, renewing, altering, acldillg to, or removing, any
tramway under this

Ordinance, or any part, or harts, thereof respectively, may open and
break up any road
~subj.ect to the following, regulations :-
'

C* ntra of
t-aunwwcy°y \Yt
1, J, 4 and tt.

They shall give to the Surveyor General notice of their intention;
specifying
the time at ,which they will begin to do so, and the portion of road
proposed to be opened or broken up, such notice to be given seven daps
at least before the commencement of the work. -
a1MITANcr No.- t oi; 18v2.

!'ramzvaJs.

2. They shall not open or break up or alter the level of any, road except
under
the superintendence, and to the reasonable satisfaction, of the Surveyor
General.

3. 'they shall leave an interval of at least a quarter of a mile between
any two
places at which they may open or breabk up the road, and they, shall not
open or break up at any such place a granter length than one hundred
yards.

Completion of 12. When the company have opened or broken up any portion of
any road, they
wprka, end
reinstatement of shall be under the following further obligations, namely
:-
rood. ~,
1. They shall, with all convenient speed, complete the work on account of.
which they opened or broke up the same, and (subject to the forruation,
maintenance, renewal, or alteration 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
condition
as that in which it was before it was opened or broken up.
'~. They shall in the meantime cause the place where the road is opened or

1 broken up to be fenced and watched, and to be properly lighted at night.

If the cotnpany,fail to comply with this section, they shall, for every
offence (without
prejudice to the enforcement of specific performance of the reqniremeuts
of this
Ordinance, or to riny othea reW edy a8atinst theta) be liable to a
penalty not exceeding
one hundred dollars, and to a furtherpenalty, not exceeding twenty-five
dollars for each
day d`iiritlg which any such failure cots' ' ~~`yes after the first day
on which such 1>emalty
is incurred.


13'. ,In: adtlition to the requirements o£ the preceding section, the
company shall,
when they give notice as aforesaid to the Surveyor General 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 commence 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 l4ti and~statement have been approved in writing by the Surveyor
General, and
the wdrlrsshall be executed in accordance with such approved plan and
statement, and
under the superinteudence, and to the reasonable satisfaction of the
Surveyor General.

Repair of Part or 1$. The company shall, at their own expense, maintain in
good condition,
road where '
tramways are and repair 'in `such wanner as the Surveyor General shall
direct, and .to his
reasonable satisfaction, so much of any road whereon any tramway is laid
as lies
between the rails of the tramway and (where two lines of tramway are laid
by the
company in any road at a distance of not more than four feet from each
other) the
ORDINAA'XCri, PTO.. i-, ov:

Tramways.

portion of the road between the tram ways; and in every ' case so much of
the road as
extends eighteen inches beyond the rails of, and on each side of, such
tramway.
Provided always that if the company fail to comply, with this section,
the Surveyor
General may himself at any time, after seven days' notice to the company,
open and
break up the road and do the works necessary for the repair and
maintenance thereof
to the extent in this section mentioned, and the expense- incurred by him
in so doing
shall be re-paid to hire by the company.

lb. The company shall maintain in good condition ana repair, and so as
not to
be a danger or annoyance to the ordinary, traffic, the rails of Which any
of the tramways
for the time being consist, and the substructure upon which the same
rest; and, if the
eotppany make default in complying with this or the last section, they
shall, for every
offence, be subject, on conviction, to a penalty not exceeding
1wenty-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.

18: Where, by reason of the execution of any work affecting the surface
or soil of remporary

any road along which any tramway is laid, it is, in the opinion of the
Surveyor
General, necessary or expedient temporarily to remove or discontinue the
use of such
tramway, or any part thereof, the company may, subject to such conditions
and
regulations as the Surveyor General may, from time to time, make,
construct in the
same°or any adjacent road, and, subject as aforesaid, maintain, so long
as necessary, a
temporary tramway in lieu of the tramway, or part thereof, so removed or
discontinued.

17. Any paving, metalling- or material excavated by the company in the
con-
struction of their works from any road. under the control of the Surveyor
General may
be-applied by the company, so far as. may. be necessary, in .orUwards the
reinstating:
of such road, and the maintenance, for six months--after completion, of
the tratnvap
thaereorr laid down, of , so much of the roadway of such road on either
side of such,
tramway as the company are by this Ordinance required: to maintain at,
their, own

Penalty for not
maintaining
rails and road in
good condition.

expense.

tramways may
be made when
necessary.

Applteation of
road materials
excavated in
construction
of works.

18. The surplus paving, metalling or material not used or reqaired~to be
retained company to
.

for any of the purposes in- the last section mentioned shall be the
property of the paving, &C.
company, and-shall be retuovedyy them.

18: The company, shall not commence to construct, form, or lay down, any
portion
of the aforesaid tramways in any road'or street, under the control of the
Surveyor
General, in which water, mains, gas mains, pipes, tubes, wires, or
apparatus for tele-
graphing or other purposes are laid, until they have deposited in the
office of the
Surveyor General, .a plan and particulars of such road, spewing clearly
the site proposed
for tNe' line or lines of- tramway, the size and positions of the
existing water mains, gas
mains, pipes, tubes, wires or apparatus, which are laid under the site
proposed for the
lime of tramway together °with the material particulars required for the
carrying out of
such works, and the - company shall on -the completion thereof, proceed
to call upon the

Roads to be
repaired at the'
expense of the
company.
For protection
of sewers, &c.

OR13INANCL No. I? OF 1882.

Tramways.

Surveyor General in writing to take such steps as he map deem necessary,
to cause
the said water mains, gas mains, pipes, tubes, wires or apparatus, to be
taken .up, and
relaid outside the line or lines of such tramway, as will prevent any
unnecessary inter-
ruption to the traffic over such lines when completed, in consequence of
repairs,
alterations, or additions, required to be made from time to time in
connection with such
water mains, gas mains, pipes, tubes, wires or apparatus, and the
Surveyor General
shall on receipt thereof proceed to cause the said water mains, gas
mains, pipes, tubes,
wires or apparatus, to be taken up and relaid with due diligence and
despatch at the
sole cost and charge of the tramway company, and the Surveyor General
shall be at
liberty to cause such work to be done either by contract, by measure and
value, or by
day labour, as he may deem advisable.

20. Where any tramway, or any work connected therewith, interferes with
any
sewer, drain, water-course, or sub-way, or in any, way affects .the
sewerage or drainage
or gas or water supply of the said Colony of Hongkong, the company shall
rat
commence any such tramway or work until .they shall have given to the
Surveyor
General, fourteen days previous notice in writing of their intention so
to do, and leaving
with such notice all necessary particulars relating theretb, nor until
the Surveyor
General shall have signified laic approval of the same, unless he do not
signify his
approval, disapproval, or other directions within - fourteen days after
service of the
said notice and particulfVs as aforesaid; and the company shall comply
kith all
reasonable directions of the Surveyor Genera. =in the execution of the
said works, atitl
shall provide by new or substituted works; in such manner as the Surveyor
General
shall reasonably require for the proper protection of, and for
preventing, 'injury=yr
impediment to, the sewers and works hereinbefore referred to by reason of
the tramways,
and shall guarantee the Surveyor General against the expense occasioned
thereby; and
all such works shall be done by or under the superintendence of the
Surveyor General
at the cost and expense of the company, and when any dew, or substituted
work shall
be completed by, or at the costs or expenses of; the company under this
Ordinance, the
:.same-shall therea£te'r be as completely under the control of the
Surveyor General, and`
be maintained by him, as any other sewers or works.

~~cq~r ~: ' 2I: Nothing in dais Ordinance shall take away or abridge any
power to open or

.t;o~np~mes, ACA

to open-roadgv- br~ak~up any road along or across which any tramway is
laid, or any other power now.
or. beieafter, to be vested in any other company, or persons, or person,
or for the

doing of .;any matter or thing, which such company or such persons or
person is are
or ,,will be authorized to do, but, in the exercise of such' power,
every' such other
company, or persons or person, shall be subject to the following
restrictions (that
is to s.ay):----

1. They shall cause as little detriment or inconvenience to the company as
circumstances admit.

2. Before they commence any work whereby the traffic on the tramway will
be interrupted, they shall (except in cases of urgency, in Which case

41
OPDI~TINCE No. I of 1882.

Tranawa fs.

notice of the commencement of such work shall be given to the company
within twenty-four hours after such commencement) bite to the com-
pany and the Surveyor General notice of their intention to commence
such work specifying the time at which they .will begin to do so, such
notice to be given twenty-four hours at least before the commencement
of the work.

3. They shall not be liable to pay to the company any compensation for
loss
of traffic occasioned thereby, or for the reasonable exercise of the
powers
so vested in them as aforesaid.

4. Whenever, far the purpose of enabling them or him to execute such work,
such other company, or persons or person, shall so require, the conx-
pany shall either stop traffic on that portion of the tramway to which
such notice shall refer, where it would otherwise interfere with such
work, or*shore up and secure the same at their oven risk and cost during
the execution of the work there. Provided that such work shall always
be completed by such other company, or persons or person, with all
reasonable expedition.

5. .Any such other company, or persons or ,person, shall not execute such
work so far as it immediately affects the tramways, except under the
~ sugerintendence of the company, unless the company do nod give such
superiatendence at the tinge specified in the notice far the commence-
ment of the work, or permanently discontinue the same during the
progress o£ the work, and they or.he shall execute such work at their or
his own expense and to the reasonable satisfaction of the company.

22. If any difference arises between the company, on the one baud, and the

Surveyor'. General, or any, other coinps.ny, or person to whom any sewer,
drain, tube,
wires, or apparatus, for telegraphic or other purposes, may belong, on
the other hand,
with respect to any interference or control exercised, or claimed to be
exercised, by
such other company or such persona or on their or his. behalf, or by the
company, by
virtue ,of 'this Ordinance, in relation to any tramway or work,- or in
relation to any
work or proceeding ofthe Surveyor General, or such other company, or such
person,
or with respect to the propriety of, or the mode of execution of, any
work relating to
any tramway, or with respect to the amount of any compensation to be made
by or to
the company, or on the question whether any work is such as ought
reasonably to
satisfy -the Surveyor General, company, or person concerned, or with
respect 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 an engineer, or other, $t person, nominated as referee by the
Governor in Council,
on tapplicaaiobof either part, and the expenses of the reference shall be
paid as
the referee directs.

D;tlerence
between
company and,
Surveyor
General, &c.
.4RDINA1GE No. ,J, of 1382.

T rarnways.

not :2.3, None of the said tramways shall be opened for public traffic
until the same

to be opened
until certffled. -has . been, certified to be fit for such traffic by the
officer duly appointed in writing for
hat purpose by the Governor in Council, and the Governor in Council has,
by notifi-
cation in the Gazette, authorized the same to be opened for such traffic.

Cesser of powers in certain events.

Censer of powers --24. If the company do not within three years after the
time at which they might
in certain events,
-under. this Ordinance have commenced the construction of the tramways
complete
the tramways and open the same for public traffic,.or

If within one year after the time aforesaid the Works are not in the
opinion
of the Governor in Council,, substantially commenced, or
If the works, having been commenced, are suspended without a reason
sufficient in the opinion of the Governor in Council to warrant such
suspension,

the powers hereby given to the company far constructing such tramways,
executing
such works or otherwise in relation thereto, shall cease to be.
exercised, except as to
so much of the same as is then completed, unless the time be prolonged by
the Governor
in Council; and, as to so much of the same as is then completed, the
powers hereby

given to the company may continue to be exercised.

Discontinuance of tramways.

niscontinflnve 25. If at any time after the openin~ of any tramway for
traffic the company
t~ g ~~ri ~t~ ar~y discontinue the working of such tramway, or of .any
part thereof, for the space of six
months (such discontinuance not being occasioned by circurcustanCes
beyond the control
of the company, for which purpose the want of sufficient funds shall not
be considered
A circumstance beyond their control) and such discontinuance is proved to
the satisfac=
ion I of the Governor in Council, the Governor in Council may by order
declare that
. the powers o£ the company in respect o£ such tramway, or the part
thereof so di.s-

continued, stall, from the date of such order, be at an end, and
thereupon ape said
:powers of the company shall cease and determine, unless the same are
purchased>or
leased in manner by this ordinance provided. Where any such order has
been made;
the purveyor General may, at any time after the-expiration o£ sip .months
from the date
of .such order, under the authority o£ a certificate to that effect by
the Governor in
Council, remove the tramway, or part of ache tramway so
discontinued,.andthe c;otn-
pang shall pay to the Surveyor General the cost of such removal, and of
the making
good o£ the road by the Surveyor General, such cost .to be certified by
the Surveyor
General, whose certificate shall be final and conclusive. And if the
company fail to ;pay
the amount so certified within two months .after .delivery to them
of=such certificate; or
.a true copy thereof, the Surveyor General may, without any'.-previous
znotice4o the
company (but without prejudice to any other remedy which lie .may . have
for -the
ORDINA~iTCL No. .l of 1rSR.

Tramways.

recovery of the .amount) sell the materials of the tramway, or part of
tramway removed,
in such manner as the Surveyor General may think fit, and may out of the
proceeds
reimburse himself the amount of the cost certified as aforesaid, and of
the cost of
sale, arid the balance, if any, of the proceeds shall be paid to the
company.

Motive power.

26. The carriages used on the said tramways Nos. 1, 2, 3, 4 and 5 may be
moved by
animal, steam, or any mechanical power. Provided always, that the
exercise of the
powers by this section conferred with respect to. the use of steam or any
mechanical power
shall be subject to the regulations set forth in schedule A. hereto, and
to any regulations
which may be added thereto or substituted therefor, by any order which
the Governor
in Council is hereby empowered to make from time to time, as and when he
may think
fit, for securing to the public all reasonable protection against danger
in the exercise
of the. powers hereby conferred with respect to the use of steam or any
mechanical
power or*the tramways Nos. 1, 2, 3, 4 and 5.

27. The carriages used on the trainway No. 6 may be moved by means of
-,iotiN-e rower oe

locomotive or, stationary engines and steel-wire ropes, or by such other
mechanical trauway No. 6.

.

power as the Governor in Council shall approve of.

Carriages of
tramways lens. I,
2, 3, 4 and a mad
be moved by
a.nimaT, steam, or
mechanical
power.

2'8. Rvery carriage used on any of the said tramways shall be so
constructed as Construction of
enrrhiges.
to provide for the safety of passengers, and for their safe entrance to,
and exit from,
and accommodation in, such carriage, and their protection froth the
machinery used fur
drawing, or propelling snob carriage.

29. The Governor in Council or any officer, or officers, appointed for
that purpose
by -him in writing may, from time to time, inspect any engine, or
carriage, used on any
of the tramways, and the machinery therein, and also any rope or other,
machinery of
the said tramways, and. the Governor in Council may, wherever he thinks
fit, prohibit
the use on the tramways, or any of them, of any such engine, carriage,
rope, or
machinery, which, in his opinion, may not be safe for use.

30. The company or any person using steam or any mechanical power on any
o£
the tramways contrary to the provisions of this Ordinance, or (where the
sane are
applicable) to any 'of the regulations set forth in schedule A. hereto,
or to any regula-
tion added thereto or substituted therefor as aforesaid, shall, for every
such offence, be
subject to a penalty not exceeding fifty dollars, and also in the case of
a continuing
offence, a further penalty not exceeding twenty-five'dollars for every
day after the first
during which such offence, continues. Provided, that whether any such
penalty has
been, recovered-or.not, the Grovernor in Council, in case, in his
opinion, the company
©r any persons: using steam or any mechanical power on the tramways,
under the
authority, of this- Ordinance, have made default in complying with the
provisions of
. this Ordinance,, or (where the ame are applicable) with any of the
regulations set forth
-in. schedule.A..hereto; or with any, regulation which may have been
added thereto, .or

Powers to
authorities to
inspect

e.engines,
&

Penalty for using ,
steam or
mechanical
power contrAry
to Ordinance or. ::.
regulations.
ONDINAAFCE No: 1 or 1882.

Tramways.

substituted therefor as aforesaid, may, by order, direct the company or
such persons to-
cease to exercise the powers aforesaid, and thereupon the company or such
persons shall
cease to exercise the powers aforesaid, and shall not again exercise the
same unless
with the authority of`tha Governor in Council; and in every such case the
Governor
in Council shall make a special report to Her Majesty's Principal
Secretary of State
for the Colonies notifying the making of such order.

Bye-laws:

31. Subject to this Ordinance, the Governor in Council may, from time to
tinge;
make, and when made, may rescind, annul or add to, lbye-laws with regard
to any of
the tramways upon which steam or any mechanical power may be used for
regulating
the working and control of the tramways as well as for any of the
following purposes,.
that is to say: -

For regulating the use of the warning apparatus affixed to the engines.

For regulating the emission*of smoke or steam from the engines.

For providing that engines and carriages shall be brought to a stand at
such
places, and in such cases of impending danger, as the Governor in Council
may deem proper for securing safety:

For regulating the entrance to, exit from, and accommodation in the
carriages,
and the protection of passengers from the machiny o£ any, engine` used
for drawing or propelling such carriages.

For regulating the rate of speed of the engines and carriages.
Provided.that
the speed shall not exceed the rate of ten miles ' an hour, and that no
engines or carriages may pass through moveable facing points at a pace
exceeding the rate of four miles an hour.

For the stopping-of carriages using the tramways. x

For providing for the due publicity of all regulations and bye-laws, for
the
time being relating to the tramways, by exhibition thereof in' conspicuous

~'. -.:` . , . places.

Subject to this Ordinance, the company may, from tine, to time, make
regulations

For preventing the commission ,of any nuisance in or; upon any carriage,
or
in or against any premises belonging to them.

- .` For'.re( ulating the travelling in or upon; any carriage belonging
to them.

And for better enforcing the observance of all or any of the regulations
mentioned irk
this section, it shall be lawful for the Governor in Council and company
respectively
to make bye-laws for all or any of the aforesaid purposes, and from time
to time to
repeal or alter such bye-laws and make new bye-laws; and notice of the
making-of any
bye-law shall be published once in two consecutive weeks in the Gazette;
within one-
month after the making thereof: A true. copy of every bye-law shall, one
mouth at
ORDINANCE No. 1 of 1852.

Tramioays.

least before the same shall come into operation, be sent to the company,
if proposed
to be made by the Governor in Council; and to the Governor in Council, if
proposed
to be made by the company.

32. Any such bye-law may impose penalties for offence against the same,
not r«ntity wa,
' tie imposed bt
exceeding ten dollars for each offence, with or without penalties for
continuing offences, I>> 44aNys.
not exceeding for any continuing offence five dollars for every day
during whicb the
offence continues; but all bye-laws shall be so framed as to allow in'
every case part
only of the magiiuum penalty being ordered to be paid.

33. Before the company, or any person, use steam or any nieclianical
power, ~~>ci~'~ i,Erote
u,ins~ ~ccau~,
under this Ordinance, they, or he, shall give two months' previous notice
of their or
his intention so to do to the Governor in Council. '

Carriages and mqinm.

34. The company may use carriages with flange-wheels, or wheels suitable
only
to run on the rails of their tramways, and, subject to this Ordinance,
the company
shall have the exclusive use of their tramways for carriages with
flange-wheels, or other
wheels suitable only to run on the said rails, and no carriage or engine
used on any of
the tramways Nos. 1, 2,t3, 4 and 6 shall exceed six feet in width.

Power to sell.

<'o111pay ratty
Ilse nttrigo-
7 heeled car-
rin y.s.

_ $5. Subject to the approval of the Governor in Council being first
obtained (but
not otherwise), the company may, at any time, a;nd from time to time,
sell, assign, or
a;tsalutelydispose of their undertaking, or any part, or parts thereof,
and either with
or without receiving any valuable consideration therefor, to , such
person or persons,
corporation or company, by public auctiom`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 shall think fit, with power at
any such sale
to buy in or rescind any contract for sale, and to re-sell; and .`vhen
any such sale,
,assignment or absolute disposal has been made all the rights, powers,
authorities,
-obligations, and liabilities o the company in respect to the
undertaking, or part or
parts, thereof sold, assigned or absolutely disposed of, shall be
transferred to, vested in,
:and may be exercised by, and shall attach to the person or persons, ,
corporation or
company, to whom the same has been sold, assigned or absolutely disposed
of, in like
manner as if such tramway was constructed by such person or persons,.
Corporation or
company under the powers conferred upon them. by this Ordinance, and in
reference
. i
to the same they shall be deemed to be the company.

38: Subject to the approval of the Governor in, Council being first
obtained (but r:Q,w,er t o uaQe-
not otherwise), the company may, at any time, and. from time to time,
demise: them'
Undertaking, or any part or parts, thereof, to such person or persons,
corporation or

Power to Woe.
OI-EDLYr1;NCB: No.-, 1'aF:'18IS2

Tramway8:

company, for, such term or terms of years, or from year to year, or for
any, less
period, and for such rent or rents, and upon such terms and conditions,
in all respects,
as the company shall think fit to adopt, to take effect either in
possession or at some
future date, and either wi-th or without a premium or premiums as a
consideration or
considerations for such anise or demises.

Bights of Government.

Rights of 37, The Governor in Council may, at any -time or times, - and at
X11 times, use,
Government. .
and take precedence over the company, and all other persons, in such user
of, the
- tramways hereby authorized, or any, or either of them, 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, notice of his intention so to do.

38. The Governor in Council shall direct the payment to the company, for
such
user as aforesaid o£ such tolls as shall be agreed on, or, if no
agreement shall be carne
to, then the amount of such tolls to be paid shall be settled in manner
hereinafter
provided for the settlement by arbitration of matters indifference.

Government to
Pay tolls.

Traffic upon,
trnmwn)s.

Distance
covered by
tolls. ,

Traffic upon tramways.

39. The tramways may be used for the purpose of conveying passengers,
animals,,
goods, merchandizo, minerals, and parcels.

Company not ¢-Q;., Save and except passengers'-lu;gage- not exceeding
sixteen pautids~in weight;
bound to carry
or:one cubic foot in measurement, the company shall. not be bound to
carry, unless
they think fit, any animals, goads, merehandize, minerals or parcels.

41. The. conipan9 may demand and take, for passengers the tnlla~ or
charges, spe-
eified in schedule:.B, hereto; including tolls for the use of the
tramways- and of carriages;.
arid'for ii iotlve power, and every other expense incidental to he
conveyance, of :passers=
hers.:
42. Every' fare paid by every passenger for travelling upon the tramways-
Nos I
2; 3 and 4; or any of them, or any part thereof, shallentitle -such;
passengers to travel;
any' distance on all err any of the said last mentioned tramways,. once,
ou the day ow
which, such passenger shall so travel, in the same direction
continuously, and without
leaving the carriages, but for no further distance, or on any tramway
other than the
tramways Nos. I, 2, 3 and 4, or more than once, or on any other~day, or
in any other
direction, or to leave and re-enter the carriages; and every fare paid$y
every passenger
for travelling upon the tramway No. 5, or any part thereof, shall entitle
such passenger
to travel any distance on the said last mentioned tramway, once, on the
day on which
such passenger shall so travel, ~ in the same direction -continuously,
ands without leavingr
the carriages, but for no farther distance, or on any tramway., other
than the tramway
No.: v; or more than once,.or on any other day, or in any other
direction, or to leave-
ORDINANCE .'No. A` Qi? :8812.

Tramways,

and re-enter the carriages; and every. fare,paid by every: passenger for
travelling upon
the tramway No. 6, or any part thereof, shall entitle such passenger to
travel any
distance on the said last mentioned tramway, once, on the day on which
such passenger
shall so travel, in the same direction continuously, and without leaving
the carriages,
but for no further distance, or on any tramway other than the tramway No.
6, or more
than once, or on any other day, or in any other direction, or to leave
and re-enter the
carriages.

43. If the carriages shall; during any journey, contain their proper
complement
of passengers, the company shall not be bound to find: accommodation for
any other
passenger, notwithstanding that such other passenger may have purchased a
ticket or
tickets entitling him to travel upon the tramways, or any of them.

44. No passenger may, take on any of the tramways his personal luggage
other passe uge.
than small hand baskets, bags, or parcels, any one of which shall not
exceed sixteen luggage.
pounds in weight, or one cubic foot in measurement. All such personal
luggage to be-
carried by hand, and at the responsibility of the passenger, and not to
occupy any
part of a seat, nor to be of a form or description to annoy or
inconvenience other

passengers.

45. The company may demand and take, in respect of any animals, goods,
nler- 'lolls fur W tinuils,

goods, &C.

chandize, minerals or parcels conveyed by then on the tramways, except
as, is by this
Ordinance specially provided, including the tolls and charges fur the use
of the
tramways, and for waggona or trucks, and for mative,l?ower, and every
other expense
incidental to such conveyance, any- tolls or charges not exceeding the
tolls and charges
specified in schedule C:~ hereto, subject to the regulations therein
contained.

46. The said toils and charges shall be paid to such persons, and at such
places Eey~,aez,t of cwn
and in such manner, as the company may, by notice annexed to the list of
tolls,,

appoint.

- Abandonment of undertaking.
- .
4''t''. Notwithstanding anything.herein contained, it shall and may, be,
lawful for
the company at any time, if they shall not then have, under the
power-herein contained,
sold, assigned or disposed of, or demised their undertaking, or the part
or parts thereof
proposed to be abandoned, to abandon their undertaking, or any part or
parts thereof,
and to take up the tramways, or any or either of them, on giving to the
Governor in
Council three months' notice of their intention so to do; and if the
company shall abandon
the tramways Nos: I, 2, 3, 4 and 5, or any; or either of -them, they
shall, with all con-
venient speed and in all cases within eight weeks at the most (unless the
Surveyor Ge.
nerah otherwise consents in writing), fill in the ground and make good
the surface, and
to the reasonable satisfaction of the Surveyor General restore the
portion of the road
upon which such. last-mentioned tramways, or such of them as shall be,
abandoned,
were laid to as good a condition as that in which it was before such
tramways 'were Idid
thereon, and clear away surplus paving, or metalling material, or,
rubbish occasioned
by such work, and they shall in the meantime cause the place where the
road is opened,

It' carriages full,.

company not
hound to curry.

Liberty to
company to
abandon unUer-
taking.
R DIN A1CV-:ATo°°:` ~h» oi~ ' 1582.

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.

yo 48. If the company shall abandon their .undertaking, or any part or
harts thereof;
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 slmll think fit, with power at any 'such sale to buy in or
rescind any ,-

contract for sale, and to re-sell.

0fences. : _

If any person wilfully obstructs any person, acting under 1 he
authority.ofs the
company in the lawful exercise of any of the powers hexeby -conferred, ox
.defaces,.,o
destroys, any mark made fax the purpose of setting ou-f~alae line of any
tramway:ar
damages, or destroys and property of the company, he shall for every,
such offence b
liable to a penalty rat exceeding twent~.five dollars.'

50. It any person .without lawful excuse (the- proof whereof shall lie
_0111-wilfully does any of the following things, namely:--
Interferes with, removes, or alters, any part of a tramway, or of the.
woxksr~
f connected therewith; - . y - :~-.:=
Places, or throws any stones, dirt, wood,, refuse; or other material oh
any~ hart, :
of a tramway;

-- - Does, or causes to be done, anything ;~i ~ sUcli -manner = as to
olstrt1of;:;:anY

carriage using a tramway, or to endanger the lives of persons, therein;
or .
thereon; -

Or knowingly aids or assists in tlae-doing of any of such things;
,he: shall for every such offence be liable .(in' addition to any
proceedings -b7., way of
indictment, or otherwise, to which he may be subject) to a penalty not.

exceedi.rig

webty.:five dollars.
y51. If any person travelling, or having travelled, in any carriage
avoids; car
attempts to avoid, payment of his fare, or if 'any person Having paid bis
fate- for :a `
certain distance, knowingly and wilfully proceeds in any such carriage
beyond such
distance, and does not pay the additional faxe~for the additional
distance; or attempts
to avoid payment thereof, or if any person knowingly and wilfully
-refuses, or neglecte,
on arriving at the point to which he bas paid his fare, to quit such.
carriage; every
such person shall, foi- every such offence, be liable to a penalty not
exceeding ten dollars.
ORDINIANCE-:No. 1.1u,''.188.9.

Tramways.

$2. Where a double line of rails is laid down every tramway carriage shall
run on the rails on the left side of the road in the direction in which
it is travelling;
and the driver of any engine or tramcar crossing to the- other line of
rails without
obvious necessity shall be liable to a penalty o£ twenty-five dull:xrs.

$3: It shall be lawful for any officer or servant of the company, and all
persons Transient
offenders.
called by him to his assistance, to seize and detain any person
discovered either in, or
immediately after, committing, or attempting to commit, guy such offance~
as in the
next preceding section is mentioned, 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 custody and detainedtutil'he be discharged, by due course of law.

$4. No person shall be entitled to carry, or to -require to be carrie 1,
on guy tram..
way any foods which may be of a dangerous nature, and i£ guy parson sand
by any
tramway any such goods, without distinctly m:erking their nature on the
outside of the

I 'kage containing the same, or otherwise giving notice in writing to the
book-keeper,
ae
or other servant with whom the same are left, at the time of such
se=nding, he shall be
liable to a penalty not exceeding one hundred dollars fur every such
offence, and it
shall be lawful for the company to refuse to take any parcel that they
mad suspect to
contain goods of a dangerous,\:tinature, cr require the same to be opened
to ascertain the

5$, If any person (except under the authority of this Ordinance), uses
any of the
sa id .tr*tnways with carriages having flange-Wheal-s,- or,- other wheels
-suits,ble only t-o
>ru>ai on the rail of such tramway; such person shall for every such
ofionce be liable to a
`~ie4altywot exceeding one hundred dollars.

Regulation for
user of line.

Penalty fur
bringing
dangerous goods
on tratnwayx.

` Pzarchaae of lands by agreement.

- 5$, (Subject to the provisions of this Ordinance, it shall be lawful for
the company f>ower'o pur-
chase lands by
to:agree with the owners of any lands which shall be required for the
purposes of this agreement.
Ordinance, and with all parties having any estate or interest in, such
lands, or by this
,Ordinance enabled to sell and assign-the same, for the absolute purchase
for a conside-

ration in money of any such lands, or such parts thereof as they shall,
think proper, <

and of all estates and interests ,in such lands of what kind soever. ' _

Penalty fur using
tramways with
flange-wheeled
Carriages. -

$7, It shall be lawful for all parties, being seized, possessed of, or
entitled to,
any such lands,>c~r any estate or interest therein, to sell and assign or
release the same
to.the;campany, and to enter into all necessary agreements .for that
purpose, and par-
ticularly it shall be lawful for all, or any, of the following parties,
so seized, possessed,
or entitled, %s.aforesaid, so to sell, assign or_release (that is to say)
all corporations,
tenant in fail, or for life, married women seized. in their own right,
guardians, commit.
tees of :lunatics,. and idiots, trustees in trust for charitable or other
purposes, executors
and:~administratois;: anal all parties, for the time being, entitled to
the receipt of the rent s
and profits of any such lands in possession, or:subject to any lease for
life, or for Ivies-
and-years,.or for years, or any less .interest; _ and the .power so to
sell -and assign- -or
release as aforesaid may lawfully be exercised by-all, such parties, as
to'` ~sqch married-,',.

Parties under
disability enabled
to sell and assigp:
Notice of hited-
tion to t:eke
lands.

ORDINANCE N'04:_ I 6Y 180,

wowen; whether they lie of full age or not, -as if they were sole, and of
full age, and as
to such guardians on behalf of their ward, and as to such committees on
behalf of the
lunatics and idiots of whom they, are the conanittees respectively, and
that to the sauce
extent as such wives, wards, lunatics and idiots, respectively, could
have exercised the
same power under the authority of this Ordinance, if they had
respectively been under
no disability, and as to such trustees, 'executors and administrators, on
behalf of their .
ccstuique trusts; whether infants, issue unborn, lunatics, fEmes covert,
or other persons,
and that to the same extent as such, cestuiqzce trusts respectively could
have exercised,
the same powers under the authority of this Ordinance if they had
respectively been
under no disability.

Part ies 1111der 58. The power to release lands from any rent-charge, or
incumbrance, and to
,disability to
eXereime ot>>er agree for the apportionment of any such rent-charge or
izicumbrance shall extend to,.
powers.
and may .lawfully be exercised by, every party hereinbefore enabled to
sell and assign,
or release; lands to the company.
Compensation - 59: The purchase-money, or compensation, to be pain for any
lands to.ba pu>`=
where parties
.are nndcr aa- .chased or taken from any party under any disability, or
incapacity, and not having
.ability.
power to sell or assign such lands except under the provisions of this
Ordinance; a,>xtd
the compensation to be paid for any permar3ent damage.=ar injury to any
such lauds,
shall mot, except where the same shall have been d°termined by
arbitration, or by -the
valuation of a surveyor appointed by a Judge in }Summary Jurisdiction
under, tb

e,..v'
provisions -hereinafter contained, be less than shall be determined by
the valuation` of ~-
two able practical surveyors, one of Whom shall be nominated by the
companyAa-ad the
other by the other party, and if such two surveyors cannot agree in the
valuation; then
by such. third surveyor as a Judge in Summary Jurisdiction shall upon
application'of
either party, after notice to the otter party, for that purpose,
nominate; and each `of
such two surveyors, if they agree, or, if not; then the surveyor
nominated by the said - =r
Judge in Summary Jurisdiction shall annex to the valuation a declaration'
in ~.vriting,
subscribed by them or him, of the correctness thereof; and all such
purchase-=irianey .
or oompehsation shall be deposited m the bank for the benefit of the
parties iht6i'este4,
in ma-n°ner-hereiuafter mentioned. -

Purchase of lands otherwise than by agreement.

60* When the company shall require to purchase or take any of.
the.landwmore
'particularly mentioned and set out in schedule D. to this Ordinance
they, shill give
nvrti,ee thereof to all the parties interested in such lands, or to the
parties enabled . by'
this= Oxdinance~ to sell and assign or= rele~athe same, - Or such of the
said parties,,, as
shall,: -af ter cdilagent- inquiry,-.be,l-n4jwu'to the company, and by
such notice shalLdeinand--
from: such parties the- particulars of their estate and interest in, such
lands,- and: of the
claim-s tide by3 them in respect thereof ; and every such notice shall
state the paWi-
' cuaes-of- the--.la,u,ds- so Yeyuired, ~ and, that the company are
willing-. to < treat: far the
purchase~thereofdad as~ to the compensationl to lie .made to- all
parties' for° the -damage,
that,. may lie sustairaed. by tlzeu3 by reason of the, execution of
the~works:
ORDINANCE No: 1 ' 0'F 1882.

Tra*ways.

61. If; for twenty-ohe days after the service of such notice, any such
party shall i£ parties rail to
treat question to
fail to state the particulars of his claim in respect of any such land,
or to treat with 'be settled as
p hereinafter
the company in respect thereof, or, if such party - and the company shall
not agree as ''e'ti''ed.
to the amount of the compensation to be paid by the comps-Zy for the
interest in such
lands belonging to such party, or which he is by this Ordinance enabled
to sell, or for
any damage that may be sustained by him by reason of the execution of the
works, .
the amount of such compensation shall be settled in#the manner
hereinafter provided
for settling cases of disputed compensation.

62. If no agreement be come to between the company and the owners of, or
parties by this Ordinance enabled to sell and assign, or release, any of
the said lands
-inentioned in the- said schedule .D., and taken or required for, or
injuriously affected
by, the execution of the undertaking, or any interest in such lands, as
to the value of
:such lands, or of any interest therein, or as to the compensation to be
made in respect
thereof, and if in any such case the compensation claimed shall not
exceed one thousand
1d.ollars, the same shall be settled by a Judge in Summary Jurisdiction.

63. If the compensation .claimed or offered in any such case shall exceed
one where C«n,x,en-
MAtian tMaeeris
thousand dollars, the same shall be settled by arbitration as hereinafter
provided. ~1,.

64. It shall be lawful for any , Judge in Summary Jurisdiction upon the
applica-
tion of either party with respect to any question of disputed
compensation by this
-Ordinance authorized to be settled by a Judge in Summary Jurisdiction to
summon
the other party. to appear before a Judge in Summary Jurisdiction at a
time and place
to be named in the su=mmons, and upon the appearance of such parties, or,
in tho
.absence of any of them, upon proof of due service of the summons, it
shall be lawful
for such Judge in Summary Jurisdiction to bear and determine such
question, and for
that purpose to examine such parties; or any of them, and their
witnesses, upon oath,
and the costs of every such inquiry shall be in the discretion of such
Judge in Sum-
-Mary Jurisdiction; and he shall settle the amount thereof. ,All
proceedings under this
Ordinance before a Judge in Summary Jurisdiction shall be instituted by
a suit headed

Cornpensatian under the Tramways Ordinance, 1881.
g5; When any question of disputed compensation, by this Ordinance
authorized zwree~nttgs by
arbitration.
or required to be settled by arbitration, shall have arisen, then, unless-
both parties
shall concur in the appointment of a single arbitrator, each party; on
the request of
the other party,.shall ' nominate and appoint an arbitrator, to whom such
dispute shall
be referred; and every appointment of an arbitrator shall be made on the
part of the
company under the bands of their secretary or clerk, and on the part of
any other
party under the hand of such party, or, if such party be a corporation
aggregate, under
the common seal of such corporation, and such appointment shall be
delivered to the
arbitra,ttir; and-~ shall' be deemed a- submission to arbitration on the
part of the party

dig whbna'°thd mind,e'hall-be made; and- after- any such appointment-
shall' have been
rnAde yrioltheir~ patty shall have power to revoke the sane without the
consefit-'of the
other, nor shall the death of either party operate air a rerocatiori; and
if for: le space

Where cnznpen-
svtion does nit,
eaGaoa $1,QOO.

Proceedings to

settle disputes

before ti ,fade
in sttt,my

.tttri9dScticnz.
ORDINANCE No: i,:'of ~ I8$2.

Tramways.

o£ fourteen days after any such dispute shall have arisen, and after a
request in writing,
in which shall be stated the matter so required to be referred to
arbitration, shall have
been served by the one party on the other party to appoint au arbitrator,
such last--
mentioned party fail to appoint such arbitrator, then upon such failure
the party
making the request, and having himself appointed an arbitrator, may
appoint sucht_
arbitrator to act on behalf of both parties, and such arbitrator may
proceed .to hear
and determine the matters which, hall be in dispute, and in such case the
award or
determination of such single arbitrator shall be final; unless the same
be appealed
against as hereinafter provided.

=of of 66. If, before the matters so refereed shall be determined, any
arbitrator appointed
arb(trator to
be gurpl«a. by either party die, or become incapable, the party by whom
such arbitrator was
appointed may nominate and appoint in writing some other person to act in
his place;
and if, for the space of seven days after notice in writing from the
other party for that
purpose, ho fail to do so, the.remaning or other arbitrator may proceed
ex pane, and
every arbitrator so to be substituted as aforesaid shall have the same
powers and
authorities as were vested in the former arbitrator at the time of such
his death> or
disability as aforesaid. .

Appointment
of umpire.

67, Where more than one arbitratorv shall have been appointed, such
arbitrators.
s'hall, before they enter upon, the matters referred to -khe~', nominate
and appoint; by,
writing under- their hands, au umpires to decide onanry such matters on
whick they=r
shall differ, or which shall be referred to him under the provisions of
this Ordinance'.,
and i£ such umpire shall die, or become incapable to act, they shall
forthwith, after
such death or incapacity; .appoint another umpire in his place, and the
decision of,
every such umpire on the matters so referred to him shall be final,
unless the same
shall be appealed against as hereinafter provided.

'Judge in Sam- s 68. If in either of the cases aforesaid the said
arbitrators shall refuse, or shall;.
'Inazy Jnrisdic-
lion embowered for seven days after request of either party to such
arbitration, neglect to appoint: an y
to appoint an
um .,,=umpiie, a Judge in Summary Jurisdiction shall, in Chambers, on the
application of
um --on of tie
arr~xratorg. ;, either party to such arbitration, appoint an umpire, and
the decision of such umpire

an the matters on which the arbitrators shall differ, or which shall be
refexre&to him
under this Ordinance, shall be final, unless the same shall ue .appealed
against as.,

r~er ~inafter provided.

, ' $9; If, when a single arbitrator shall have been appointed, he shall
die; or becarne-
in , capable to act, before be shall have made his award, the matters
referred to him, shall'
be determined by arbitration under this Ordinance in the same, manner:-as
if such-
arbitrator had not been appointed. .
70. If, where more than one arbitrator shall have been
appointed,;either.of th.e-
arbitrators refuse, or, for seven days, neglect to act, the other
arbitrator may proceed.
:,,ex pane, and the decision of such other arbitrator shall be as
effectual as if he had been

the single arbitrator appointed by both parties..
ORDINANCE ~'o. vl of 1882.

1617

Tramways.

71. If, where more than one arbitrator shall have been appointed, and
where
neither of them shall refuse, or neglect, to act as aforesaid, such
arbitrators shall fail
to make their award within twenty-one days after the day on which the
last of such
arbitrators shall have teen appointed, or within sack exteiAed tine. (if
any) as shall
have been appointed for that purpose by both such arbitrators, under
their hands,
=(such extended time in no case to exceed two months from the day on
which the last
-of such arbitrators shall have been appointed,) then the matters
referred to them shall
be determined by the umpire to be appointed as aforesaid, and if, from
any cause
whatever, such umpire shall except he be prevented from illness or any
other unavoidable
circumstance,` fail to make his award within three months after the day
on which the
last of such arbitrators shall have been appointed he shall forfeit five
hundred dollars
t-o the company. If, from any cause whatever, such umpire shall fail to
make his
award within they time aforesaid, the natters referred to him shall be
determined by
other arbitrators under this Ordinance in the same manner as if no
previous proceedings

in arbitration had been taken with reference to the said matters. ' `

if o.rvituators
fail t0' lli&tcf.
their award
zvth3n twenty-
one days, the
matter to go to
the uanpire.

72. The said arbitrators, or their -umpire, may call for the production
of any ~~owerorRrbitre-

tor~ to cavil for
.documents iu the possession or power of either party which they, or he,
may think 1)0oI&e.

necessary for determining the question in dispute, and may examine the
parties, or
their witnesses, on oath, and administer the oaths necessary for that
purpose.

. 7$. Before any arbitrator or umpire shall enter into the consideration
of any Arbitrator or

unipire to make
iriatters referred to him, be, shall, in the presence of a Justice of the
Peace wake and a dacl$ratioa

the following declaration, that is to say:--
'1, A. B:, do solemnly and sincerely declare that T will faithfully and
honestly,
'and to the best of my skill and ability, hear and determine the matters
'referred to me under the provisions of the Tramways Ordinance, 1$$1.
`made and subscribed in the presence of

.And such declaration shall be annexed to the award when made; and if any
arbitrator,
-or umpire, having made such declaration, shall wilfully act contrary
thereto, he shall
be guilty of a misdemeanour:

74; Except as is hereinafter' otherwise provided, all the costs of any
such arbitra-
tion, and incident thereto, to be settled by the arbitrators, or umpire,
shall be-borne by
the company, unless the arbitrators or umpire shall award the same, or a
less, sum
tbah shall have peen offered by the company, in which case each party
shall bear his
-own costs incident to the arbitration, and the costs of the arbitrators
and umpire shall.
`be borne by the parties in equal proportions.

Costs ofatbitra-
tion how to be
borne.

75. The arbitrators or umpire shall forthwith deliver their or his award
in writing Award be
to the company, mho shall retain the same, and shall forthwith, on
demand, at their con'Pa'x'
own expense, furnish a copy thereof to the other party to the
arbitration, and shall at.

-ail times, on demand, produce the said award, r and allow the same to be
inspected or.

-examined by such party, or any person appointed by him for that purpose.
0RDI NA~'~ -No''. ,1 '01F 1ss2.

Submission may., fig, The submission to any such arbitration may be made a
rule of the Court on:
be cede a rule
of Court. the application of either of the parties.
Award not vofa 77, No award made with respect to any question referred to
arbitration under this,
through error In
form. Ordinance shall be set aside for irregularity, or error, in matter
of form.
Compensation to 7$. The purchase-money or compensation to be paid for any
of the said lands
absent parties to
be determinedby mentioned in the said schedule D., and required to be
purchased or taken by the:
a, surveyor
;i~a~e fn su ~~ company from any party who, by reason of absence from the
Colony of Hongkong, is .
wary Jurisdic-
tion. prevented from treating, or who cannot, after diligent inquiry, be
found, or who shall
not appear at the time (if any) appointed for the inquiry before the
arbitrators or their-
umpire, as hereinbefore provided for, shall be such as shall be
determined by the
valuation of such able practical surveyor as a Judge in Summary
Jurisdiction shall
nominate for that purpose as hereinafter mentioned.
a Judge In 79. Upon application by the company in Chambers to a Judge in
Summary Juris-
Summary Juris-
diction to nomi diction and upon such proof as shall be satisfactory to
hire, that any such party is, by
hate a surveyor.
reason of absence from the said Colony, prevented from treating, or
cannot, after
diligent inquiry, be found, or that any such party failed to appear on
such inquire
before the arbitrators or their-uinpire as aforesaid, such Judge in
Summary Jurisdiction
shall by writing under his hand, nominate an able practical surveyor far
determining,
stash compensation as aforesaid, and such surveyor shill determine ; the
same .accord-
ingly, and shall annex to his valuation a declaration in writing
subscribed by him of
the ,correctness thereof.
Declaration to be 80: before such surveyor shall enter upon the duty of
snaking such valuation as
made by the aforesaid, he shall, in the presence of a Justice of the
Peace make and subscribe the
declaration following at the foot of such nomination, (that is to say) :-
`°I, A. .8., do solemnly and sincerely declare that I will faithfully,
impartially,
'and honestly, according to the best of my skill and, ability, execute the
'duty of making the valuation hereby referred to me.

« made and subscribed in the presence of.

And if:any surveyor shall corruptly make such declaration, or having made
such decla-
ration ;shall wilfully act contrary thereto, he shad be guilty of a
misdemeanour.

Valuation, &c., $1. The said nomination and declaration shall be annexed
to the valuation to be:
to be produced
to the owner of made by such surveyor, and shall be preserved together
therewith by the company,

the lands on

and they shill at all tunes produce the said valuation and other
documents, on demand,
to the owner of the lands comprised in such valuation, and to all other
parties interested
therein.

XrenBeg to be $2, All the expenses of, and incident to, every such
valuation shall be borne by

Borne by com-

r&ny: the company..
ORDINANCE, No: 1 of: 1882.

Tranumys.

83. In estimating the purchase.-money or compensation to be paid by the
com-
pany in any of the cases aforesaid, regard shall be had by the Judge in
Summary Juris-
diction, arbitrators, umpire or surveyors, as the case may be, not only
to the value of
the land to be purchased or taken by the company, but also to the damage,
if any, to
be sustained.by the owner of the lands by reason of the severing of the
lands taken
from the other lands of such owner, or otherwise injuriously affecting
such other lands
by the exercise of the powers of this Ordinance, and to the fact that the
lands taken
are so taken from such owner compulsorily.

84. When the compensation payable in respect of any of the said lands
mentioned
in the said schedule D., or, anp interest therein shall have been
ascertained by the
valuation of a surveyor, and deposited in the bank under the provisions
herein con-
tained, by reason that the owner of, or party entitled to assign, such
lands, or such

interest therein as afosaid, could not be found, or was absent from. the
said Colony
of Hongkong; if such wner or party shall be dissatisfied with such
valuation, it shall
be lawful for him, before he shall have applied to the Court for payment
or investment

by
notice in writing
to the company to require the question of such compensation to be
submitted to
arbitration, and thereupon the same shall be so submitted accordingly in
the same
manner as in other cases of disted compensation hereinbefore authorized
or required
to be submitted to arbitration.

85. The question to be submitted to the arbitrators in the case last
aforesaid shall ct~lGStl~n to be
subniittGd to the
be, whether the said su m so deposited as aforesaid by the company was a
sufficient sum, arbitrators.
or whether any, and what, further sum ought to be paid ox deposited by
them.

86. If the arbitrators shall award that a further sum ought to be paid or
deposited
by the company, they shall pay, or deposit, as the case may require, such
further sum
within, fourteen days after the making of such award; or, in default
thereof, the same
may be enforced by attachment, or recovered, with costs, by action or
shit:

87. If the arbitrators shall determine that the sum so deposited was
sufficient, the
costs of, and incident to, such arbitration to be determined by the
arbitrators shall (but
subject as hereinafter provided) be in the discretion of the arbitrators,
but, if the
arbitrators shall determine that a further sum ought to be paid or
deposited by the
company, all the costs of, and incident to, the arbitration shall (but
subject as aforesaid)
be borne by the company.

88. If any party shall be entitled to any compensation in respect of any
of the
said lands, mentioned in the said schedule D:, or of any interest
therein, which, shall
have been taken for, or injuriously affected by, the execution of the
works, and for
which the company shall not have made satisfaction under the provisions
of this
Ordinance, and if the compensation claimed in such case shall exceed the
sum of one
thousand dollars, the same shall be settled by arbitration as
hereinbefore provided.

Purchase-money.
and compensa-
tion, how to be
estimated.

Where compGa-
Sat10n to absent
party has been
determined by a
surveyor, the
party may have
the same sub.
matted t<r arbitra-
tion.

If further sum
awarded, com-
pany to pay or
deposit same
within fourteen
days.

Costs of the
arbitrators.

Compensation
where no satis-
faction previously
made, how to be
settled.
Finns from $215
to be deposited
or paid to trus-
t t~es.

ORDINANCE No.. 1 of I882.

Tramways.

.Application of compensation.
i'nraha9e.money 69. If the purchase-moues or compensation which shall be
payable in respect of
payable to
parties under tiny of the said lands, mentioned in the said schedule D.,
or of any interest therein,
disability
anumnt3ng to
$1,000 to be purchased or talon by t'he company from any tenant for life
or in tail married woman
I '
deposited In the
1~rlnk, seized in lies own right, guardian, committee of lunatic or idiot,
trustee, executor UL'
administrator, or person leaving a partial or qualified interest only in
such lands, and
not entitled to sell or assign the same except under the provisions of
this Ordinance,
or the compensation to be paid for any permanent damage to any such
lands, amount
to, or exceed, the sum of one thousand dollars, the same shall be paid
into the bank,
to be placed to the account there of the Registrar of~the Court ex paste
the company is
the matter of this Ordinance (citing it) pursuant to the method for, the
time being in
force for regulating moneys paid into Court; and such moneys shall remain
so
deposited until the same be applied to some one or more of to following
purposes,
(that is to say):-

In the discharge of any debt or encumbrance affect;<.,;r the land iii
respect of
which such money shall leave been paid, or affecting other lands, settled
therewith to the same or the like uses, trusts, or purposes; or,
In the purchase of other lands to be assigned~ litnxtec3., and settled
upon tile
like uses, trusts, and purposes, and :~; ~ ~e s;~wis.~anner as the lands
in
respect of which such money shall have'lsen ,stood settled ; .or,
I£ such money shall be paid in respect of ,any ~i>s taken under the
authority of this Ordinance; or injured by the proximity of ibe works,
in removing or re-placing such buildings, or substituting others in Choir
stead, in suet manner as the Court shall direct or, - -
In payment to any party becoming absolutely entitled to such money.

Order for appil- 90. Such money may be so applied as aforesaid upon an
order of the Court,' or
aation and
I

,~s>; nNhIlen,eat - of a Judge in Chambers, made on the petition or
summons of the would
party ' who would

,.

have been enticed to the rents and profits of the lands in respect of
which such money
shall have been deposited; and until the money can be so applied it may,
upon the
like order, be invested .by the proper officer of the Court in or upon
any securities or
investments in or upon which trustees are, by section 17 of Ordinance
No., 7 of 1.873,
authorized to invest trust moneys, and the interest, dividendsJ and
annual proceeds
thereof paid t© the party who would, for the time being, have been
entitled to the
rents and profits of the lands. -

91, Tf the purchase-money or compensation shall riot amount to the sum of
eye
thousand dollars and shall exceed the sum of twenty-five dollars, the
same shall either
be paid 4ntp the bank, and applied in the manner hereinbefore directed
with respect
to sums amounting to, or exceeding, one thousand dollars; or the same may
lawfully
be paid to two trustees, to be nominated by the parties entitled to the
rents or profits
of the lands in iesI)ect whereof the same shall be payable, such
nomination to be
signified by, writing under the hand of the party so entitled; and in
case of the
Ordinance No. 1 of 1882.

Tramways.

coverture, -infancy, lunacy, or other incapacity of the parties entitled
to such moneys,
such nomination may lawfully be made by their respective husbands,
guardians, com-
mittees, or trustees;, but such last-mentioned application of the moneys
shall not be
made unless the company approve thereof, and of the trustees :named for
the purpose;
and the money so paid to such trustees, and the produce arising
therefrom, shall be
try such trustees applied in the manner hereinbefore directed with
respect to money
paid into the 'bank, but it shall not be necessary to obtain any order of
the Court for

that purpose.

1621

92. If such money shall not exceed the sum of twenty-five dollars, the
salve snriia not ex-
ceeding $25 Lobe
shall be paid to the parties entitled to the rents and profits of the
lands in respect paid to parties.

whereof the same shall be payable, for their own use and benefit, or in
case of the cover-
ture, infancy, idiotcy, lunacy, or other incapacity of any such parties,
then such money
shall be paid, for their use, to the respective husbands, guardians,
committees, or ,~
trustees of such persons.

93. 'Upon deposit in the bank, in manner hereinbefore provided, of the
purchase-
money or compensation agreed or awarded to be paid in respect of any of
the said
lands mentioned in the said schedule D.,- and purchased or taken by the
company
finder the provisions of this Ordinance, the owner of such lands shall,
when required
so to do by the- company, duly Assign such lands to the company, or as
they spa'
direct; and in default thereof, or if he fail to adduce a good title to
such lands to their
satisfaction, it shall be lawful for the company, if they think fit, to
execute a deed poll
under their common sell, containing a description of the lands in respect
of which
sudefault'shall be made, and reciting the purchase or taking thereof by
the company,
and the names of the parties from whom the same were purchased or taken,
and the
deposit made in respect thereof, and declaring the fact of such default
having been
made, and such deed poll shall, be stamped with the stamp duty which
would Lave been
payable upon an assignment to the company of the lands described therein;
and
thereupon,all the estate and interest in sugh lands of, or capable of
being sold and
assigned by, then party between whom and the company such agreement
shall. have
been come to, or as between whom and the company such purchase-money or
com-
pensation shall have been determined by arbitrators,' or an umpire, or,
by a surveyor
appointed by a Judge in Summary, Jurisdictioil as herein provided, and
shall have
been deposited as aforesaid, shall vest absolutely in the company, and as
against such,
parties, and all parties on behalf of whom they are hereiribefore enabled
to sell and
assign the company shall be, entitled to immediate possession of such
lands.

$$. If the owner of any of the said lauds mentioned in the said schedule
D., and
I urchasecl or taken by the company, or of any interest therein, on
tender of the-
purchase-money or compensation either agreed or awarded to be paid in
respect
thereof, refuse to accept the same, or :neglect, or fail to make out a
title to such lands,
or to the interest therein claimed by him, to the satisfaction of the
company, or if he
refuse to assign or release such lands as directed by the company, or if
any such owner

Lyon deposit
going made, the
owners of the
lands to assign,
or in default the
hinds to vest in
the coinpany by.
deed poll.

Where parties
refuse to assign
or do not show
titles or cannot
be found, the
purchase-mones-
to be deposited.
Upon deposit
being made, a
receipt to be
liven, arid the
lands to vest
upon a deed poll
being excac:uted.

ORDINANCE No: 1 of 182.

Tranzzoa.Js:.

be absent -from >the said Colony of Hongkong, or cannot, after diligent
inquiry, be
found or fail to appear on the inquiry before the arbitrators or their
umpire as herein
provided for, it shall be lawful for the company to deposit the
purchase-money or
compensation payable in respect of such lands, or any interest therein,
in the bank,
to be placed, except in the cases herein otherwise provided fog, to the
account there of
the proper officer of the Court to the credit of the parties interested
ire such lands
(describing them so far as the company can do), subject to the control
end disposition
of the Court. '

95. Upon any such deposit of money as last aforesaid being made, the
cashier of
the bank shall give to the company, or to the party paying in such money
by their
direction, a receipt for such money, specifying therein for what and for
whose use
(described as aforesaid) the sane shall have been received, and in
respect of what
purchase the same shall have been paid in; and it shall be lawful for the
company, if
they, think fit, to execute a deed poll. under their common seal,
containing a description
of the lands in respect whereof such deposit shall have been made, and
declaring the
circumstances under which and the names of the parties to whose credit
such deposit
shall have been made, and such deed poll shall be stamped with the stamp
duty which
would have been payable upon an assignmetlt to the company .of the lands
described
``therein; and thereupon all the estate and interest in such lauds of the
parties for
whose use and in respect whereof such purchase-money or compensation
shall have
been deposited shall vest absolutely in the 'company, and as abainst such
parties they
shall be entitled to immediate possession of such lands. .

,Application or 98: Upon the application by petition or summons of any
party making claim to
money>a sA
-d the money so deposited as last aforesaid, or any part thereof, or to
the lands in respect
whereof the same shall have been so deposited, or any ,part of such
lands, or any
interest in the same, the Couit or a Judge in Chambers may, in a summary
way, as to
such Court or Judge shall seem fit, order such money to be laid out or
invested in or
upon any of the securities or investments mentioned in section 90 of this
Ordinance,
or may order distribution thereof, or paymetlt of the dividends thereof,
according ,to

the resnectivE estates, titles, or interests of the parties making claim
to such money or

',. adds or any part thereof, and may make such other order in the
premises as to such

`-==Gaui~ or Judge shall seem fit.
'Party in ' ` 9'?'. If any question arise respecting, the title to the
lands in respect whereof such
possession t4
be deemed the moneys-shall have 'keen so paid or deposited as aforesaid,
the parties respectively in
owner. _
p~Oses ion of such lands, as being the owners thereof, or in receipt o£
the rents of such
lands., as being entitled thereto at the time of such lands being
purchased.or taken, shall
be deemed ao have been lawfully entitled to such lands, until the
contrary be s-hown to
the satisfaction of the Court or Judge; and, unless the contrary be shown
as aforesaid,
the parties so in possession, and alb parties claiming under them, or
consistently with
their posse'ssiou, .shall be deemed entitled 'to the money so deposited,
and to the
dividends o.r, interests of the securities purchased therewith, cad the
same shall be paid
and applied accordingly.
1623

ORDINANCE No. 1 of :1882.

Tramways.

98. In all cases of moneys deposited in the bank under the provisions of
this Costs In Cases of
money deposited.
Ordinance, except where such moneys shall have been so deposited by
reason of the
wilful refusal of any party entitled thereto, to receive the same, or to
assign or release
the lands in respect whereof the sarne shall be payable, or by reason of
the wilful neglect
of any party to make out a good title to the land required, it shall be
lawful for the
Court, or a Judge in Chambers, to order the costs of the following
matters, including
therein all reasonable charges and expenses incident thereto, to be paid
by the company
(that is to .say) the costs of the.purchase or taking of the,lands, or
which shall have
been incurred in consequence thereof, other than such costs as are herein
otherwise
provided for, and the costs of the investment of such moneys by order of
the Court, or
Judge, and of the re-investment thereof in the purchase of other lands,
and also the
costs of obtaining the proper orders for any of the purposes aforesaid,
and of the orders
for the payment of the dividends and interest of the securities upon
which such moneys
shall be invested, and for the payment out of Court of the principal of
such moneys,
or of the securities whereon the.same shall be invested, and of all
j)roceedings relating
thereto, ei,cept such as are occasioned by litigation between adverse
claimants: Provided
always, that the costs of one appl;cation only for re-investment in land
shall be allowed,
unless it shall appear to the Court or Judge that it is for the benefit
of the parties
interested in the said moneys that the same should be invested in the
purcbase of
lands, in different sums and at different times, in which case it shall
be lawful for the ''
Court or Judge to order the costs of any such investments to be paid by
the company.' .

Assignments.

99. Assignmdnts of lands to the company may be in such form as the company
nxay think fit.

100. The costs of all such assignments shall be borne by the company, and
such
costs shall include all charges and expenses incurred, on the part as
well= of the seller
.as of the purchaser, of all assignments and assurances of any such
lands, and of any
outstanding terms or interests therein, and of deducing, evidencing, and
verifying the
title to such lands, terms or interests, and of making out and furnishing
such abstracts
and attested copies -as the company may require, and all other reasonable
expenses
incident to the investigation, deduction and verification of such title.

IOZ. If the company and the party entitled to any such costs shall not
agree as -r<tXat;on of' costs
of ~.tsci~mtreuts.
to the amount~thereof, such costs shall be taxed by the Registrar of the
Court upon an
order of the Court, to be obtained upon petition in a summary way by
either of the
parties; and the company shall pay what the Registrar shall certify to be
due in res.
pect of such costs to the party entitled thereto, or in default thereof
the same may be
recovered in the same way as any other costs payable under an order of
the said Court,
.or the same maybe recovered by distress in the manner hereinbefore
provided in other
,cases of costs; and the expense of taxing such costs shall be borne by
the company,`
unless upon' such taxation one-sixth part of the amount of such costs
shall be disallowed,

AsSigtltll4'Itt s.

Cats of
A.asi;;nuteni s.
ORDENA1'CE- N0. 1 of 1882.

Tramways.

in which case the costs of such taxation shall be borne by the party
whose costs shall
be so taxed, and the amount thereof shall be ascertained by the Registrar
and deducted.
by him accordingly in his certificate of such taxation.

Dntry on lands.

102. The company shall not, except by consent of the owners and
occupiers,.
.enter upon any of the said lauds mentioned in the said schedule D., and
which shall
be required to be purchased or permanently used for the purposes and
under the
powers of this Ordnance, until they shall either have paid to every party
having any
interest in such lands, or deposited in the bank, in, the manner herein
mentioned, the
purchase-money or compensation agreed or awarded to be paid to such
parties res-
pectively for their respective interests therein: Provided always, that
for the purpose
merely of surveying such lands, and of setting out the lice of the works,
it shall be
lawful for the company after giving not less than three nor more than
fourteen daps'
notice to the owners or occupiers thereof,' to enter upon such lands
without previous
consent, making compensation for any damage thereby occasioned to the
owners or

occupiers thereof.

103, Provided also, that, if the company shall be desirous of entering
upon and
using any of the said lands mentioned in the said schedule D. before an
agreement
shall have been come to, or an award made for the purchase-money or
compensation
to be paid by them in respect of such lands, it shall .be lawful fox the
company to
ctepo6it in the bank by way of security, as hereinaftei mentioned,
either the amount o£-

purchase-money or compensation, claimed by any party interested in, or
entitled to sell, and assign, such lands, .and who shall not consent to
such entry, such a sum as shall,
by a surveyor appointed by a Judge inpStzmmary Jurisdiction in the manner
herein-
before provided in the ease of parties who cannot be found, be determined
to be the
value of such lands or interest therein which such party is entitled to
or enabled to sell
and assign, and also to give to such party a bond, under the common seal
of the co ni-`
paay, with two sufficient sureties to be approved of by a Magistrate in
case the parties
differ in a penal sum equal to the. sum so to be deposited, conditioned
for payment to
such party, or for deposit in the bank, for the benefit of, the Parties
interested in such
lands, as the case may require, under the provisions herein contained, of
all such pug--
'-:-ch-ase-money or compensation as may in manner hereinbefore
provided.be determined.
'`>;tb be payable by' the company in respect of the lends so entered
upon, together With~
interest thereon, at a rate of six dollars per centu~wper annum, from the
time of enter=
my on each lands, until such purchase-money or compensation shah be paid
to such
party or deposited in the bank. for the benefit of the parties interested
in such lands.
under the provisions herein contained; and upon such deposit byway of
security being
. made as aforesaid, and such bond being delivered ox tendered to such
non-consenting
party as aforesaid, it shell be lawful for the company to enter upon and
use such lands,,
without having first paid or deposited the purchase-money or compensation
in other -
cases required to -be paid or deposited by them before entering upon any
lands to be-
taken by them under the provisions of this Ordinance.
ORDINANCE 'No. 1 of 1582.

Tramways.

104. The money so to be deposited as last aforesaid shall be paid into
the bank to
1)e placed 'to the account of the Registrar of the Court to the credit of
the parties interested
in, or entitled to sell arid assign, the lands so to be entered upon, and
who shall not have
consented to such entry, subject to the control aazd disposition of the
Court; and upon
Such deposit being meets, the cashier of the bank shall give to the
company, or to the
party paying in such money by their direction a -receipt for such money,
specifying
therein for what purpose, and to whose credit, the same shall have been
paid in. '

105. The money so deposited as last aforesaid shall remain in the bank by
way of
security to the parties whose lands shall so have been entered upon, for
the performance
<uf the condition of the bond to be given by the company as herein before
mentioned, and
the same may, on the application by petition of the company, be ordered
to be invested
upon arty of the securities and investments mentioned'in section 90 of
this Ordinance
and accumulated ; and upon the condition of such bond being fully
performed, it shall be
lawful for the Court, upon a like application, to order the money so
deposited, or the
funds in which the same shall have been invested, together with the
accumulation thereof,
to be re-paid or transferred to the company, or if such condition shall
not be, fully per-*
formed, it shall be lawful for the Court to order the same, to be
applied in such manner

`16 2 'a

UP('11 deposit
being 111ade,
rxtshier to dive
receipt.

j)(?p097t to
Te11,RlIt :L,1 t)

security, unct tt~

be uypiied ipxdc r
the direction
of the c'uurt,

as it shall think fit for the benefit of the parties for whose security
the same shall m)

-have been deposited.

10$, If the company or any of their contractors shall, except as
aforesaid, wilfully
enter upon and take possession of any of the said lands mentioned in the
said schedule
D,,, which shall be rewired to be purchased tr permanently used for the
purpose of this,
'Ordinance, without such consent as aforesaid, without having made such
payment for
the benefit o£ the parties interested in the lands, or such deposit by
way of security zit
aforesaict, the company shall forfeit to the party in possession of such
lands the sum of
fifty dollars, over and above the amount of any damage done to such lands
by reason of
such entry and taking possession as aforesaid, and if the company or
their contractors
shall, after conviction in such penalty as aforesaid, continue in
unlawful possession of any
such lands, the company shall be liable to forfeit the sum of one hundred
dollars far
.every day they or their contractor shall so remaixz in possession as
aforesaid, such 'penalty
to be. recoverable by the party in possession of such lands, with casts,
by action or suit
in the Court: 'Provided always, that nothing herein. contained shall be
held to subject
the company to the payment of any such penalties as aforesaid, if they
shall bon& fcde
and without collusion have paid the compensation agreed or awarded to be
paid in respect
of the said hinds to any person wham the company may have reasonably
;believed to be
entitled thereto, or shall have deposited the same in the bank for the
benefit of the partied
interested in the lands, or made such deposit by way of security in
respect thereof as
hereinbefore mentioned, although such person may not have been legally
entitled thereto.`
10'x. On the trial of any action or suit for any such penalty as
aforesaid, tbe decision
of the Judge in Summary Jurisdiction under the provision hereinbefore
contained shall
mot be held conclusive as to the right of entry' on any such lends by the
company:-,

Penalty, the
company
entering upon
lands wui7ont
consent before
payment of tlu=
yrt7reI7acc tn<)ney.

Decision of
Judge in St7n7-
tnttry Jurisdic-
tion not conclt7-
sive as to the
right of entry of
the company.
vG?~G

1.'rrrCCeMinl;e it:
uHSe of refusal
to deliver
lmssesstou of

Parties not to
be required to
©u part v,fir,
it<ri,se.

Power to redeem
mortgages.

ORDINANCE' No. I of 1882.

Tramways.

103. If in any case in which, according to the provisions of this
Ordinance, the
company arv anthori.zea to enter upon and take possession of ..such of
the said laud.
mentioned in the said schedule D. as are required for the purposes of the
undertaking,
tile owner or occupier of- any such lands, or any, other person, refuse
to live up the
possessioil thereof, or hinder the company from entering upon or taking
possession of the
same, it shall be lawful for the company, to issue their warrant to the
sheriff of the Colony
of Ilonnkonn to deliver possession of the same to the person appointed in
such warrant
to receive tile carne, and upon the receipt of such warrant the sheriff
shall deliver possession
of any such lands accordingly, and the costs accruing by reason of the
issuing and
execution o£ such warrant, to be settled lay the sheriff, shall be Maid
by the person refusing
to give possession, and the amount of such costs shall be deducted and
retained by the
company from the compensation, if any, then payable by them to such
party, or if no
such compensation be payable to sixth party, or, if the same be less thau
the amount of
such costs, then such costs, or the excess thereof beyond such
compensation, if not paid
on demand, shall 1?e levied by distress, and upon application to. a Judge
in Summary
Jurisdiction for that purpose lie shall issue his war'ant accordingly.

149. No party, shall at any time be required to sell or assign to the
company, a
part only of any house or other building or manufactory, if such party be
willing and
able to sell and, assign the whole thereof.

.Lards in moilgage.

110. It shall be lawful for thecompauy to purchase or redeem the interest
o#'
the mortgagee of any of the said lands, mentioned in the said schedule
D., which may
be requited for the purposes of this Ordinance, and that whether they
shall have pre-
viously purchased the equity of redemption of such lands , or not, and
whether the
mortgagee thereof be entitled thereto in his own right, or in trust for
any other party,
and whether he be in possession of such lands by virtue of such mortgage
or not, and
whether such mortgage affect such lands solely, or jointly, with any
other lands not
required .for the purposes of this Ordinance,; and in order thereto the
company may
pay or tender to such mortgagee the principal and interest due on such-
mortgage,
together with his costs and charges, if any, and also one month's
additional interest,
`and thereupon such mortgagee shall immediately assign his interest in
the lands
eompztised in such mortgage to the company, or as they shall direct, or
the company
X
may give notice in writing to such mortgagee that they will pay off the
principal and
interest due on such mortgage at the end of one month, computed from the
day of
giving such notice; and if they shall have given any such notice, or if
tile party,
entitled to the equity of redemption of any such lands shall have given
notice of his.
intention to redeem the same, then at the expiration of either of such
notices, or at
any intermediate period, upon payment or tender by the company to the
mortgagee
of the principal money due on such mortgage, and the interest which would
become
0RDI ~''AN CE

due at the end of one month from the time of giving either of such
notices, together
with his costs and expenses, if any, such nor tga jee shall assign or
release his interest

in the lands comprised in such unortgage to the company, or as they shall
direct.,

111. If, in either of the cases aforesaid, upon such payment or tender,
any mart- ueposit of wort-

gage money on

gaaee shall fail t0 assign, or release his interest in such nlortga,e as
directed by the refu°al to accept..
company, or if he fail to adduce a, good title thereto to their
.satisfaction, then it shall
be lawful for the company to deposit in the bank, in the~mauner provided
by this
Ordinance in like cases, the principal and interest, together with the
costs, if any, due
an such mortgal;e, and also, if such payment be made before the
expiration of the
notices aforesaid, such further interest as i.vould at such expiration
become due ; and
it shall be lawful for them, if they think, fit, to execute a deed poll,
duly stamped, in
the manner hereinbefore provided in the case of the purchase of lands by
them ; and
thereupon, as well as upon such assignment b~ the mortgagee, if any,
being made, all
the estate and interest of such mortgagee, mud of all persons in trust
for him, or
for whom he may be a trustee, in such lands, shall vest in the company,
and they shall
be entitled to immediate possession thereof in case such mortgagee were
himself
entitled to such possession.

112. If any such mortgaged lands shall be of less value thanthe
principal, interest,
and cots secured thereon, the, value of such lands, or the compensation
to be made by
the company in respect thereof, shall,be settled by agreement between the
mortgagee
of such lands and the party entitled to the equity of redemption thereof
on the one
part, and the company can the other part, and if the parties aforesaid
fail to agree
respecting the amount of such value or compensation, the same shall be
determined as
it other cases of disputed compensation; and the amount of such value or,
compensa-
tion, being so agreed upon or determined, .shall be paid by the company
to the
mortgagee in satisfaction of his mortgage debt so far as the same will
extend,- and
upon payment or tender thereof the mortgagee shall assignor release all
his interest in
such mortnaged lands to the company, or as they shall direct.

,wxn to be >»;a

whe,al mortgage

G8Ge0d9thf
value of r1<
titndg.

113. If, upon such payment amenrl.eras aforesaid being made, any suCh
;mortgagee I>eros;t of
money when
fail -so t0 aS51nn 1115 interest in such mortgage, or to adduce a good
tithe thereto to the refused on

tender.

satisfaction of the company, it shall .be lawful for them to deposit the
amount, or
value,-or compensation in, the bank, in the manner provided by this
Ordinance in like
cases, and every such payment or deposit shall be .accepted by the
mortgagee in satisfac-
tion of his mortgage debt, so far as the same -will extend, and shall be
a full discharge
of such mortgaged lands from all money due thereon; and it shall be
lawful for the
cowpany, if they think fit, to execute a deed poll, duly stamped, in the
uaauner herei=n-°
before provided in the case of the purchase of lands by them; and
thereupon such lands;
as to all such estate and interest as were then.vested in the mortgagee,
or any person
in trust for him, shall become absolutely vested in the company and they
shall be
entitled to immediate possession, thereof in case such mortgagee were
himself entitled
. to such possession; nevertheless, all rights and remedies possessed by
the mortgagee
X28

ORDINANCE No. 1 of 1882.

Tramways.

Sum to be pail
where part only
of mortgaged
lanria taken.

against the mortgagor, by virtue of any bond, or covenant, or other
obligation, other
than the right to such lands, shall remain in force in respect of so much
of the
mortgage debt as shall not have been satisfied by such payment or deposit.

r

114. If a part only of any such mortgaged lands be required for the
purposes of this
Ordinance, and if the part so required be of less value than the
principal money, interest,
and coats secured on such hands, and the mortgagee shall not consider the
remaining part
of such lands a sufficient security for the money charged thereon, or be
not willing to
release the part so required, then the value of such part, and also the
compensation (if
any) to be paid in respect of the severance thereof or otherwise, shall
be settled by
agreement between the mortgagee and the party entitled to the equity of
redemption of
such land on. the one part, and the company on the other, and if the
parties aforesaid fail
to agree respecting the amount of such value or compensation, the same
shall be
determined as in other cases of disputed compensation ; and the amount of
such value or
compensation, being so agreed upon or determined, shall tae paid by the
company to such
mortgagee in satisfaction of-his mortgage debt so far as the same will
extend ; and there-
upon such mortgagee shall, assign or release to them, or as they, shall
direct, all his
interest in such mortgaged lands the value whereof shall have been so
paid ; and it
memorandum of what shall have been so paid shall be endorsed on the deed
creating such
mortgage, and shall be signed by the mortgagee; and a, copy of such
memorandum shall
at the same time (if required) be furnished by the company at their
expense to the party
entitled to the equity of redemption of the lands comprised in such
mortgage deed.

Deposit nemorrey 115, If, upon payment or tender to any such mortgagee of
the amount of the value
shen refused on
sen`jer. or compensation so agreed upon or determined, such mnortgagee
shall fail to assign r
release to the company, or as they shall direct, leis interest in the
lands in respect of which
such, compensation shall so have been paid or tendered, or if he shall
fail to adduce a
good title thereto to the satisfaction of the company, it shall be lawful
for the company
to pay the.amount of such value or compensation into the bank, in the
manner provided
by this Orclirlance ill the case of moneys required to be deposited in
such bank, and, such
payment or deposit shall be accepte:l by such mortgagee in satisfaction
of his mortgage
debt, so far as the flame will extend, and shall be a full discharge of
the portion of the

mortgaged lands so required from all money due thereon ; and it shall be
lawful for the
company, if they think fit, to execute a deed 1_011, duly stamped, in the
manner herein-
before provided in the case of tile purchase of lands bar them ; and
thereupon such lands
shall become absolutely vested in the company, as to all such estate and
interest as were
'then vested in the mortgagee, or any person in trust for him, and in
case such mortgagee
were himself entitled to such possession they shall be entitled to
immediate possession
thereof ; nevertheless, every such mortgagee shall have the same powers
and remedies
.
for recovering or compelling payment of the mortgage money or the residue
thereof (a
tile case may be), and the interest thereof, respectively, upon amt out
of the residue of
~sucll mortgaged lauds, or the portion thereof not required for the
purposes of this Ordinance,
ORDINANCE No. I of 1882.

Tramways.

as he would, otherwise have had, or been entitled to, for recovering or
compelling payment
thereof upon or out of the whole of the lands originally comprised in
such mortgage.

116. Provided always, that, an any of the cases hereinbefore provided
with respect
to lands subject to mortgage, if in the mortgage deed a time shill have
been limited for.
payment of the principal money thereby secured, and under the provisions
hereinbefore
contained, the mortgagee shall have been raquired to accept payment of
his mortgage
money, or of part thereof, at a time earlier than the time so limited,
the company shall
pay to such mortgagee, in addition to the sum which shall have been so
paid off, till such.
costs'and expenses as shall be incurred by such mortgagee in respect of,
or which shall
be incidental to, the re-investment of the sum so paid off, such costs in
case of difference
to be taxed, and payment thereof enforced, in the manner herein provided
with respect
to the costs of assignments ; and if the rate of interest secured by such
mortgage be
higher than at the time of the same being so paid off can reasonably be
expected to be
obtained on re-investing the same, regard lfeing had to the then current
rate of interes=t
allowed by the Court, such mortgagee shall be entitled to receive from
the company, in
addition to the principal and interest hereinbefore provided for,
compensation in respect
of the loss to be sustained by him by reason of his mortgage money being
to prematurely

paid off, the amount of such compensation to be ascertained, in case of
difference, as in
other cases of disputed compensation ; and, until payment or tender of
such compensation
as aforesaid the company shall not be entitled, as against such
mortgagee, to possession
of the mortgaged lands under the provisions hereinbefore contained. .

Compensation t«
be made in
certain caw% if
mortgage paid
off before the
9tipWated time.

Rent-charg es.

' 11'7. If any difference shall arise between the company and the party
entitled to any ilelease of iana,,
from rent-
such charge upon any of the said lands mentioned in the said schedule D.,
and required charge..
to be taken for the purposes of this Ordinance, respecting the
consideration to be paid
for the release of such lands therefrom, or from the portion thereof
affecting the lands
n
required for the purposes of this Ordinance, the same shall be determined
as in other

cases of disputed compensation.

118. If part only of the lands charged with any such rent-chs.roe, chief
or other
lent, payment or incumbrance, be required to be taken for the purposes of
this Ordi-
nance, the apportionment of any such charge naay be settled lay agreement
between the
party entitled to such charge and the owner of the lands on the one part,
and the
company on the other part, and if such apportionment be not so settled by
agreement,
the same shall be settled by a Judge in Summary Jurisdiction ; but if the
remaining
part of the lands so jointly subject be a sufficient security for such
charge, then, with
consent of the owner of the lands so jointly subject, .it shall be lawful
for the .party
entitled to such charge to release therefrom the lands required, on
condition or in
consideration of such other lands remaining exclusively subject to the
whole thereof.

Release of part
of lands from
charge.
;llusrge to con-
tinue tin lands
not GIIIC(!Il.

ORDINANCE

Deposit in case of 1],g; *Upon payment or tendeof the compensation so
agreed upon or determined
refusal to

release. , to the party.entitled to any such charge as aforesaid, such
party shall execute to the
company a release of such charge; and if be fail so to do, or if be fail
to adduce good
title to such charge to tbe satisfaction of the company; it shall be
lawful for them to
deposit the amount of such compensation in the bank in the manner
hereinbefore
provided in like cases, and also, if they think fit, to execute a deed
poll, duly stamped
its the manner, hereinhefore provided in the case of the purchase of
lands by them, and
thereupon the rent-charge, chief or other rent, payment, or incunnbranee,
or the portion
thereof in respect whereof such compensation shall so have beers paid,
shall cease and
be extinguished.

120. If any such lands be so released from any such charge or
incumbrance, or
portion thereof to which they were subject jointly with other binds, suet
last-mentioned
lands shall alone be charged with the whole of such charge, or, with the
remainder
thereof, as the case rnay be, and the party entitled to the charge shall
have all the
sauce rights and remedies over such last-mentioned lands for the whole or
the remainder
of the charge, as the case may be, as be had previously over the whole of
the lands
subject to such charge; and if upon any such charge or portion of charge
being so
released the deed or instrument creating or y°ansferring such clarrrge
betendered to the
company for the purpose, they shall affix tlaeir-common seal to a
memorandum of such
reles;se endorsed on such deed or instrument, declaring what part of the
lands originally
sabjeet to such charge shall have been purchased by virtue of ;his
Ordinance, and if
the lands be released front part of such charge, what proportion of such
charge shall
have. been released, and how much thereof continues payable; oz; if the
lands so required
shall have been released from the whole of such charge, then that the
remaining lands
are thenceforward to remain exclusively charged therewith; and such
memorandum
shall 1?e made and executed at the expense of the company and shall be
evidence in all
Courts and elsewhere of the facts therein stated, but not so as to
exclude any other-
evidenca of the same facts.

«`i'ere part 121. Where part only of any lands comprised in a lease for a
term of years shall
only of lands
..

tre xP;~ ~~ t~'`°' be required for the purposes of this Ordinance, the
rent payable in respect of the lands

'~r'r''J~''r`e`' comprised in such lease shall be apportioned between the
lands so required and the
residue of such lands; and such apportionment n nay be settled by
agreement between
the lessor(including Her Majesty in those cases where Her Majesty shall
be the
le'or) and the lessee of such lands op the ore part, and the company on
the other
part, and if such apportionment be not so settled by agreement between
the parties such
apportionment shall be settled by a Judge in Summary Jurisdiction; -and
after such
appo-rtionmeut the lessee o£ such lands shall, as to all future accruing
rent; be liable

only to so much of the rent as shall be so apportioned in respect of the
lands not
required far the purposes of this Ordinance; and as to the lands nut so
required, and
as against the lessee, the lessor shall have all the same rights and
remedies for the
recovery of such portion of rent as previously to such apportionment he
had for the
recovery of the whole rent reserved by such lease; and all the ,
covenants, conditions,
ORDINANCE No. 1 ` of 1832.

Tr«mzvaJs.

and agreements of such lease, except as to the amount of rent to be paid,
shall retrain
in force with regard to that part of the land which shall not be required
for the
purposes of this Ordinance, in the same manner as they would vane done in
case such
part only of the lard had been included in the lease.

Con2pegmation to tenants.

122. Every such Jessee as last aforesaid shall be entitled to receive
frond the '1'at~;Ex,; to 1.(,
campemtttc<l.
company compensation for the danlag,e done to him in his tenancy by
reason of the
.severance of the lands required from those not required or otherwise by
reason of tho

-execution of the works.

123. If any such lands shall be in the possession of any person having no
greater , (''InI to, he made to
interest therein than as tenant, and if such person he required to give
up possession 1«tt~.l,t,.
of any lands so occupied by him before the expiration of his term or
interest therein,
he shall be entitled to compensation for the value of leis unexpired term
or interest in'
such lands,`and for any dust ailowance which ought to 1?e made to lain by
an incoming
tenant, and for any loss or injury he may sustain, or, if a part only of
such lands be
required, compensation for the damage done to 'him in his tenancy by
severing the
lands held by him or otherwise injuriously affecting the same; and the
amount of such
compensation shall be determined by a Judge in, Summary Jurisdiction in
case the
parties differ about the same; and upon, ayment or tender of the amount
of such '
compensation all such persons shall respectively deliver up to. the
company or to the'
person appointed by them to take passes'sion thereof, any such lands
in,their possession
required for the purposes of this Ordinance.

124. If any party, having a greater interest than as tenant-at-will, or
monthly f

tenant, claim compensation in respect of any unexpired term or interest
under any
lease of any such lands, the company may require such party to produce
the leaae in
respect of which such claim shall beuna.de, or the best evidence theteof
in his power;`
.and, if, after demaind made iu writing, by the company, such lease or
such best evidence
thereof be not produced within twenty-one days, the party so claiming
compensation
shall be considered as a tenant holding only from.month to month, and
1~e'entitled 'o
compensation accordingly. -

.Untit of compulsory powers.

Whey; greater
interest claimed
than tit will,
lease to tie
pra4noed.

126. The powers of the company for the compulsory purchase or taking of
lands Lin~jtor tine nr

<~cmynlaar= =. .

for the purposes of this Ordinance shall not be exercised after the
expiration of three prtrelta5v,
years froitz the passing of this Ordinance.

Lyaterests omitted to be purchased.

126: If at any tine after the company shall have entered upon any lands
which; c~olnpart1~
empct~ered ro.
under the provisions of this Ordinance, they were authorized to purchase,
and which jppr6nase
interests in. lan (is,
shall be permanently required fox the purpose of this Ordinance, any
party shall -appear . thewhereof of may
.to be entitled to any estate right or interest in or charge affecting
such lands which ''eve been
a a omitted by

the company shall, through mistake or inadvertence, have failed or
omitted duly to : . tx'i'tdlie'
company to pay

the costs of
litigation as to
Such buld'.

Power to appeal
from award.

ORDINANCE No. l of 188.

Tramways.

purchase, or to pay compensation for,-then, whether the period allowed
for the purchase-
of lands shall have expired or not, the company shall remain in the
undisturbed pos-
session of such lands, provided, within three months after notice of such
estate, right,
interest, or charge, in cases the same shall not be disputed by the
company, or in case
the same shall be disputed, then within three months after the right
thereto shall have
been finally established by law in favour of the party claiming the same,
the company
shall purchase or pay compensation for the same, and shall also pay to
such party, or
to any other party who may establish a right thereto, full compensation
for the mesne
profits or interest which would have accrued to such parties respectively
in respect
thereof during the interval between the entry of the company thereon and
the time o£
the payment of such purchase-money or compensation by the company, so far
as such
mesne profits or interest may be recoverable in law or equity; and such
purchase-money
or compensation shall be agreed on or awarded and paid in line manner as
according
to the provisions of this Ordinance the sauce respectively would have
been agreed on,
or awarded, and paid, in case the company had purchased such estate,
right, interest,
or charge before their entering upon such land, or as near thereto as
circumstances-
will admit.

lro ;t< Value of 12'7. In estimating the compensation to be given for any
such last-mentioned
such hinds G° be t~ lands, or any estate or interest in the same, ofor any
mesne profits thereof, the arbi-
tratorsx umpire, or Judge in Summary Jurisdiction as, the case may be,
shall assess
the same according to what they shall find to- have been the value of
such lands, estate,.
or interest, and profits, at the time such lands were elntered upon by
the company, and
'without regard to any improvement s, or works, made in the said lands by
the company,
and as though tbe works had not been constructed.

128. In addition to the said purchase-money, compensation, or
satisfaction, and
before the company shall become absolutely entitled to any such estate,
interest, or
charge, or to have the same merge.l or extinguished for their benefit,
they shall, when
the right to any such estate, interest, or charge, shall have been
disputed by the company
and deternaiued in favour of the party claiming the same, pay the full
costs and expenses,
of any proceedings at law or in equity for the determination or recovery
of the same
to the parties with whom any such litigation in respect thereof shall
have taken place;.
and such costs and expenses shall, in case the same shall be disputed, be
settled by the
Registrar.

Power to appeal.

129. If the company, or any party, shall be dissatisfied with the award
of any
arbitrator, or umpire, made under the provisions of this Ordinance in,
respect of the
amount of any compensation to be laid, the company, or such party, may
appeal there-
from by petition to the Governor in Council, provided that such petition
of appeal be-
deposited in the; office of the Colonial Secretary of the said Colony of
Hongkong not:
later than two weeks after the date of the making of such award.
ORDINANCE No. 1,'oF 1882.

Tramways.

130. The Governor in Council shall thereupon decide upon such petition;
and Governor;.
Connell to
-shall be at liberty to confirm,, set aside, or alter, such award, or
reduce, or add to the OUudse iwvc:
.amount awarded thereby in such manner as he shall think proper, having
regard to the
rights of all parties, and be may order by whom, and in whet proportions
the costs of
the company and of such party, shall be paid, and such costs may include
such costs of,
the arbitration, as the Governor in Council shall think fit to award.

131. Any compensation awarded or ordered. by the Governor in Council may
be
recovered and levied in all respects in the same and the like manner as
other compen-
sation may be recovered and levied under the provisions of this Ordinance.

132. If the company, or any party shall feel aggrieved by the
determination or
adjudication of a Judge in Summary Jurisdiction, with respect to any
penalty or for-
feiture under the provisions of this Ordinance, the company or such party
may appeal
to the Full Court, but no such appeal shall be entertained unless it be
made within
three months next after the making of such determination or adjudication,
nor unless
ten days' notice in writing of such appeal, stating the. nature and
grounds thereof, be
--riven to the party against whom the appeal shall be brought, nor unless
the appellant
forthwith after such notice enter into recognizances, with two sufficient
sureties, before
.A Magistrate, conditioned duly to prosecute such appeal, and to abide
the order of the
Court thereon.

Sale of supei:flu4us lands.

133. Within ten years after the expiration o£ the tuna lMited by this
Ordi-
:nance far the completion of the works, the company shall absolutely sell
and dispose of

.all superfluous lands, and in default thereof all such superfluous lands
remaining unsold.-at the expiration of such period shall thereupon vest
in and become the property, of the

owners of the lands adjoining thereto, in proportion to the extent of
their lands re-
spectively adjoining the same. .

Sei-race of docicnZents.

Veeo.ery of
Compensation
awarded by

(i0V(,'rIIOY In
Council.

PoN.er to :til e:11
Tlonl :fmlge .~1
Smnnttiry, .Tttris-
Mictiull'sdecision,

r.an(ts 1t't
.tea to be
s-0
Id, or in default
to vest In owners
iyf f4(T,juinlnh
aa>as.

134. Any summons or any writ or other proceeding at law or in equity
required scI.Viae of
antnmuns,
:to be served upon the company may be served by the same beiug,Ie£t at,
or transmitted
--through the post directed to, the principal office of the company, or
being given or
.transmitted through the post directed to the secretary, or, in case
there be no secre-
vary, the solicitor of the company.

135. With respect to notices, and to the delivery thereof by or to the
company, Torn, wz deli-
-the following provisions shall have effect, that is to say:--

1. Every notice shall he in writing or print, or partly in writing and
partly in,
print.

2. Any notice to be delivered by ox to the company to or lay guy othercoy-q
pang or person may, be delivered Uy 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
agents;
ORDINANCE No. '1 aF 1882.

Tramways.,

Tender of

Amends.

.r>ktreswt au-

7aw'ilel for wotnfi
of form.

or of other the agent or aents, who pay the rents, rates and taxes
payable-
0
in respect of the property of such person, or by being affixed upon some
conspicuous part of any lands affected, or intended to be affected, by
such
notice, or bR being left at the office of the coxnpauy, as the case may
be ,_
or by beiua seat by post in a registered letter addressed (as the case may
be) to the clerk or secretary, of such other company at their principal
office, or to such person at his then present, or then last known, place
of
abode, or residence, or at leis 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 their principal office.

138.. If any party shall leave committed any irregularity, trespass, or
other=
wrongful proceeding in the execution of this Ordinance, or by virtuo of
any power, or

authority hereby given, and if, before action or suit brought in respect
thereof, such
party. make tender of sufficient amends to the party injured, such
last-mentioned part,

Miscellaneous.

shall not recover in any, such action or suit, and, if no such tender
shall have been-
maye, it shall be lawful for the defendant, by leave of the Court where
such action or
suit shall be pending, at any time, before answer filed, to pay into
Court such sum o'f
money as he shall thinly fit, and thereupon such, proceedings shall be
had as in other
casos,where defendants are allowed to pay money into Court.

r:ecov ry ut'
tol1N, '~c.

-~ 13'x. .A.11 tolls, penalties, rates, and charges made or incurred
ander'or by viitue-
of this Ordinance shill except where otherwise provided be recovered,
levied, and dis.
tributed on conviction of the offender before, any Magistrate of Police
or any tv~
Justices of the Peace in the manner provided by Ordinance No. 10 of 1844.
'-

- 138. If the amount o£ the tolls, penalties, rates, or charges, be not
forthwith paid,
thy amount'thereoF shall be levied by distress, and any Magistrate shill
isistae .his.
'rratlt of distress accordingly. The said amount shall be levied by
distress and sale
o~ :tkie goods and chattels of the party liable to pay the same, and the
overplua arising
£r64l Ibe sale of such goods arid chattels, after satisfying- the amount
due, and `tlae
expenses of the distress. and sale, shall be returned. on demand to the
party. whose-
~atadsshall; have been distrained.

,' : 1y9,; No distress levied by virtue of this Ordinance shall be deemed
unlawful,:
mop, shall any party xnahing the salve be deemed a trespasser, on
,account of any defect
or want of form in the summons, conviction, warrant of distress, or other
proceeding:

relating thereto, nor shall such party be deemed a trespasser etb iniisio
on account of
an y irregularity afterwards committed by him, but all persons aggrieved
by such,
defect, or irregularity, may recover full satisfaction for the special
danlaoe in an action,

or suit upon the case..
ORDINANCE No. 1 of 1°S8v.

firaynways,

140. Any person who, upon any examination upon oath under this Ordinance,
shall wilfully and corruptly give false evidence shall be liable to the
penalties of wilful
and corrupt perjury.

141. The company shall be answerable fdt all accid©atts, damages, and
injuries
happening thrau;h their act, or default, or through the act or default of
any person, in
their employment, by reason or in consequence of any of their works or
carriages, and
shall save harmless all other companies, or bodies, collectively and
individually, and
their officers and servants, from .all damages and. costs in respect of
such accidents,
damages, and injuries.

142. Notcvithstandiug anythiud in this Ordinance contained the company
shall
not acquire any right other than that of user of the roads along or
across which they lap
tiny tratnway, unless such road be the property of the company.

143. Nothing in this Ordinance shall limit the powers of the Police to
regulate-
the passage of any traffic along or across any public road along or
across which any
tramway is laid down, and the Police may exercise their powers as well on
as off the
tramway, and with respect as well-to.the traffic of the company as to the
traffic of other
persons, and in particular nothing in this Ordinance shall limit the
power of the
Captain Superintendent of Police to make regulations under and exercise
the polders
conferred on pica by Ordinance No. 10 of nfi9.
144. Nothing in this Ordinance,, or in any regulation or bye-law trade
hereunder,
shall take away or abridge the right of the public to pass along ox
across every or any
dart of any public road along or across.which any tramway is laid whether
on or, off
the tramway, with carriages not having flange-wheels, or wheels suitable
only to run
an the rail of the tramway. -
145. The powers and privileges given by this Ordinance are so given
saving and
reserving always the rights of Her Majesty and of all bodies politic and
corporate, and
of all other persons except 'such as ire mentioned in this ordinance and
those claiming
'by>. from, and under them. '
146. .This Ordinance shall not come into operation until it has received
Her
Majesty's assent, and such assent has been duly notified by
proClapiatloll in the
Gazette.

Schedule A.

(AZiplicavle acnd cxte;'cdiv.g only to the tranrcnays JYos. Z, 2, 3, 4
and 5.)

Rights of pltllie
reserved.

Every engine used ate. the tramways shall be fitted with such mechanical
appliances for preventing Iireah p6ive`'of;:`°:
the motive er of suh engine from operating, and for bringing such engine
and anY , carriab
~ `'~'~`aes

e drawn poPor propelled by such engine to a stand, as the Governor may,
from time to time, think sufficient.

Every engine used on the tramways shall have its number shown in some
conspicuous part thereof,
and shaUbefitted:_
.

With an indicator by means of which the speed shall be shewu ;
With a suitable.fender to push aside obstructions; .
With. a special bell, whistle or other apparatus to be sounded as a
warning vc-hen necessary; and As to -fittins of
With a seat for the driver of such engine, so placed in front of such
engine as to connzn.a.nd the engines, &c:
fullest possible view of the road before him.

Power to 11oliec.
to rest;nlAte
traftlc.

Reservation nt
I )Its of tile

Suspend i Ejg
clause.
ORDINANCE No. 1 of iSgZ.

Tramways.

Schedule B.

The tolls and charges by this Ordinance authorized to be taken are :-
For every passenger travelling upon the tramways Nos. 1. 2; 3, and 1. or
any of them, or ally
part thereof,--. .
If such laasi;cnger is a first class passenger, any sum not exceeding 20
cents.
` )f a second class passenger, any sum not exceeding 16.
1f. a third class passenger, any sum not exceeding ................. , :i
For every passenger travelling upon the tramway No. o, or any part
thereof,- > '.
The same tolls and charges as those hereinbefore authorized in respect of
the tramways,
Nos. 1, 2, 3 and 4.
For every passenger travelling upon the tramway No. f, or any part
thereof,-
If such passenger is a first class passenger, any sum not exceeding 30
cent:e.

I£ a second class passenger, any sum not exceeding
If a third claws passenger, any sum not exceeding .

Schedule C.
TOLLS AND CHARGES FOIL ANIMALS, GOODS, cS;C.
Animals.

For every horse, male, or other beast of draught or burden, per head,
.............

For every ox, cow, bull or head o cattle, per heact, , , ,12

1~'or every calf, pig, sheep, or other small animal, per head, 10

Goods and m.incrids.
Vor all coals, cake, culm, charcoal, cannel, limesto4,e, chalk, lime,
salt, sand, fire-clay, cinders,
dung, compost and all sorts o£.manurc, and all undressed materials for
the repair of public

roads or highways, per ton, : . , 20

Tor all iron, iron ore, pig iron, bar iron, rod iron, sheet iron, hoop
iron, plates of iron, slabs, biilet&,-
and rolled iron, bricks, stags, and stone, stones for building, pitching,
and paving, tiles,
~~ ~ elates, and clay (except fire-clay), and for wrought iron not
otherwie specially classed

.. herein, and for heavy iron castings, including railway chairs, per ton
........... ' : 20

yFur all sugar, grain, corn, flour, hides, dyewoods, earthenware, timber
and metals (except iron),
nails, anvils, -ices, and chains, and for light iron castings, per ton
................... 20
For eottori and other wools, drags (except opium) and manufactured goods,
and all, other wares,

merchandise, fish, articles, matters or things, per ton, ............. ,

For opium, per chest, .................. ......................... ........ ,

b'~nalt yurcels.

h'or every parcel not exceeding seven pounds in weight, each, For any
parcel exceeding seven pounds and not exceeding fourteen pounds in
weight, each, ..ap,
For any pareeli xceeding fourteen pounds and not exceeding twenty-eight
pounds in weight, ,
each, . ... ... .. . . . ... . ... ... ...... . . ... ...... . ... . . ... ...... .
....... ... ........... . .. :.1
For any parcel exceeding twenty-eight pounds, and not exceeding fifty-six
pounds in weight,

Tor any parcel exceeding fifty-six pounds in weight, such sums as the
company may think fit:
?provided always, that articles sent in large aggregate quantities,
although made up in separate
'pa'reela, such as bags of sugar, coffee. meal, and the like, shall not
be deemed small parcels, but that.
~teim- shall apply only to single parcels in separate packages.

Regnlati<rns acs to tolls.
A fraction of a mile beyond an, integral number of miles shall be deemed
a mile.'
-k'`or a fraction of a ton, the company may demand and take tolls and
charges according to the
cumber of the quarters of a ton in such fraction, and if there be a
fraction of a quarter of a tan, such
fraction shall be deemed a quarter of. a ton.
With respect to all articles, except stone an.'I timber, the Nvei:,ht
sLa:I be determined according to
the usual avoirdupois weight.

With respect to stone Fund 'timber, fourteen cubic feet of stone, fifty
cubic feet-of China fir; or
-5ingapore cedar, and forty cubic feet o any o'her timber, sh.al! b_~
e'eeme 1 one ton weight, and so i n
proportion for any smaller quantity.
0U
R_Qi N -E Noj t o r i3M.

REFER- '
ENCE NO. OF NAMES
N4. HOUSE, OF STREETS.
ON PLAN.
1
2

J
4
5
G
7
8
0
10
11
1J
14
x~
ifi
18
I~,
20
21
22
23
24
25v
26
27 .
28
29

su
81
32
33
34
3
5
3G
37
38
30

25
n3

L.

21

9
17
15
13

lI

s

7

r)

3

1

=24

23

22

36
34
32
30

28

26
215

217
21:1
221

223

2(i

28
30
32
34
36
3s
40

42

44:

LOTS.

Inland hotNo.51Fl,, ' The China Sugsr -gyp.




,' No. 375,

,, No. 374, ,


!! No, 770, SEC. :~',,.'

No. 770.

C

No. 770. ~~: , ~'

Inland Lot No. 3$8, . ,'

~'ah'Ytoh:, ~3 lvah
Tong, and Wei 1Vah
Teen, Excttttoart

trT11Ft(- f4: Utl-l A .

flip Tun Kee.

Gun Fie.

G'hEe IawZu;lz Fm - -:

of hue.

Bong As~or~R:

Robert Straclan.'

r! -

Choy A -char

~i~c A-oaln.

!, 1

~%11U~' AUan

>;eon;g Lone lao..
r

~N~r7CR ~ OCCUPIERS. i MORTGAGEES.

hzsBEES.

°. ) Ng Sni Woo and I.or
A-,YL)n.

,;, ~ Sai Tin and Chan Cho.

( Wong Hui Shaw; rind
j ~ Hop Ni.

-, h'uk Che4ng.

°~, Mak Gheong.

l u li ak and W g Ho.

I)ESC RIPTIOIv
OF PROPERTY.

Vacant Ground.

.. , ' ~ Shop and House.

ftan~,kcbau Sam.
E Torig-Vie.
i

J
Sam Kee.
in Yune.

oneGhau, Yung San, '
1~ Woh Sang. ,! .
Wing Tuck, represent-
ative of the Ia . 3-
y . . .... '.
Rozario,
. uric ~ MN! Lee. ~ Fond Attai.
'in ,ooh.
ak LEE -and Chow Sai.r
[Rut Loam;. j ~r- ,,
Sz $ing, ~ Vong Attai.
Lai Kee. ~ ! >
Vacant.*,( Revd. Fr. FerI nando Sainz.

Tak Loong & Hoi On,

LeonggwokShes:
(rorit charge).

Chinese Shop.

(Two together).
Chinese Shop.
'~Idl~?td?~S.
o. ov

D.,-(contanuecl).

ErCE No, or ~ NAMES . .
HoCSE. of STltEE15.

LOTS.

ON PLAN.

40

91
V

i

44
46

47

40

GO
.

~I

iiil -- '~

43
114 V,

68

1;,,4 Quccn'S ltoaal 11`est, Inland Lot. No. 24, ,

leg .. ,

I

1~
.Iiit

Iii'

iii?

9D

iic

Naue.

i iii

i~liA
IIiIi13

Queen's Ro,-A 1\ '.t
o.~. .. :,
,, N Ib7 ~~

t
~01~. Tilt., (ltup. y'ici.ol ia. ,
1'vtk. 1''~tr1n Lof o , ,.,

No. 91
'~1 arinc Lot No. ;1i ~ S'c-
No.3l;. . ,,w

s,.

No. l'Un, Scc. .°,

'T

Temallllng portion.

,, No. 95'.

casr 'ratcatioqz rtcvor pmoclais

CkOWy LESEF

Marine Lot No. 81 fee. Cr. .

9 1, &c,~d.,.,

:1,011 W Keswick
, * %e~
VN,-. P.

ff G Tl-,fo,,,sett'7
h:tis' , , I)rtheS

tce8 la, the $-a
home.
N. ~, Ire,.,sq.

J 1NnRa CbiPrEts.
OWNERS 0F sECTIO;S. LESSEES. p.

Lei3ng d-iulog, o~
I~'irst,tleet,:Sai
ying,pun. =

Leong Ch,)ong Yin
k is eonbChin g
Yu, Egetuf'so£
he017gFI011gT80i,

J Mail' Ling Chcong anal
How Woh.
I-lop Lee.
He Looug&ChungA-yap
liwan Hiug Loong 3i
Wong A-ho.
Sing Lee & Wong A-ho.
Krvan Ring & Tong
Kee.
j Hang 11'ah and Low
~ San' Woo.
j. YatLeong,WongKwai,
j and Iloi Kee.
Kwan 5'e Woh.

Shin Loong, r'oon Che-
ong and Y ik Woh.

Chan Chi Pat, Chan
Bang and Yik Woh.
( Me Cheong and Shun
~ Le Pun. ,
Tai Cheong.

Shan Leong Chan.'':_
To Shang Tong.
( Wing Hing and Wong
~ Chak. .
Yun Shang, Liu Kee,
Hing Woh and Loi.
Sam,

Poon Shang Tong, (2
floors empty), Lou
'hack.
Hung Lum Tong, Tye
1 Lit, Leong Kit Lim
& fang Leong Kee.
Shiug Loong, Tsing
Choong Nam, Le
Ngo and Lai Yuk.
j MC Cheong, Lui Tack
J and Leong ChutTyc. `
My Cheong.
Vacant.

Jack Hing.
Pow Woh Tong.
:U.'au Woh Cheong. -

I'ow Law -Ilin.
Po Kee.

The Sailors' Home.

N. J. Ede, Esq.

ed; 7A t 2ctole Oa-d, re aeccled b° i'd, No. 4 0 '1s87.

DESCRIPTION
IITOR.TGAGEES. OF PROPERTY.

., Chinese Shop.

T. G. Linstead's

Executors. '

.,. Cl uese House,

k , , Chinese

Chines

Revd. ha'auci,q
Benit Hence
1598
Preamble.
Short title.
Interpretations.
'The Company.'
'Owner.'
'Lands.'
'Lease.'
'The Court.'
'Payment into Court.'
'Judge in Summary Jurisdiction.'
'The Bank.'
'The Cashier of the Bank.'
'The Works.'
1599
'Construction of tramways.'
1600
Power to deviate tramway No. 6.
Power to lay single line where double line authorized.
Power to widen certain bridges, &c.
Power to make additional tramways.
1601
Plans.
Tramways to be in middle of road &c.
Gauge of tramways Nos. 1. 2, 3, 4 and 5.
Gauge of tramway No. 6.
Power to break up roads.
1602
Completion of works, and reinstatement of road.
Further provisions as to construction of tramways.
Repair of part of road where tramways are laid.
1603
Penalty for not maintaining rails and road in good condition.
Temporary may be made when necessary.
Application of road materials excavated in construction of works.
Company to remove surplus paving, &c.
Roads to be repaired at the expense of the company.
1604
For protection of sewers, &c.
Rights of companies, &c. to open roads.
1605
Difference between company and Surveyor General, &c
1606
Tramways not to be opened until certified.
Cesser of powers in certain events.
Discontinuance of tramways by the company.
1607
Carriages of tramways Nos. 1, 2, 3, 4 and 5 may be moved by animal, steam, or mechanical power.
Motive power of tramways No. 6.
Construction of carriages.
Powers to authorities to inspect engines, &c.
Penalty for using steam or mechanical power contrary to Ordinance or regulations.
1608
Bye-laws.
1609
Penalty may be imposed in bye-laws.
Notice before using steam, &c.
Company may use flange-wheeled carriages.
Power to sell.
Power to lease.
1610
Rights of Government.
Government to pay tolls.
Traffic upon tramways.
Company not bound to carry goods.
Tolls.
Distance covered by tolls.
1611
If carriages full, company not bound to carry.
Passengers' luggage.
Tolls for animals, goods, &c.
Payment of tolls.
Liberty to company to abandon undertaking.
1612
On abandonment, power to sell.
Offences.
Further offences.
Further offences.
1613
Regulation for user of line.
Transient offenders.
Penalty for bringing dangerous goods on tramways.
Penalty for using tramways with flange-wheeled carriages.
Power to purchase lands by agreement.
Parties under disability enabled to sell and assign.
1614
Parties under disability to exercise other powers.
Compensation where parties are under disability.
Notice of intention to take lands.
1615
If parties fall to treat question to be settled as hereinafter mentioned.
Where compensation dose not exceed $1,000.
Where compensation exceeds $1,000.
Proceedings to settle disputes before a Judge in Summary Jurisdiction.
Proceedings by arbitration.
1616
Vacancy of arbitrator to be supplied.
Appointment of umpire.
Judge in Summary Jurisdiction empowered to appoint an umpire on neglect of the arbitrators.
In case of death of single arbitrator, the matter to begin de novo.
If either arbitrator refuse to act, the other to proceed ex parte.
1617
If arbitrators fail to make their award within twenty-one days, the matter to go to the umpire.
Power of arbitrators to call for books, &c.
Arbitrator or umpire to make a declaration.
Costs of arbitration how to be borne.
Award to be delivered to the company.
1618
Submission may be made a rule of Court.
Award not void through error in form.
Compensation to absent parties to be determined by a Judge in Summary Jurisdiction.
A Judge in Summary Jurisdiction to nominate a surveyor.
Declaration to be made by the surveyor.
Valuation, &c., to be produced to the owner of the lands on demand.
Expenses to be borne by company.
1619
Purchase-money and compensation, how to be estimated.
Where compensation to absent party has been determined by a surveyor, the party may have the same submitted to arbitration.
Question to be submitted to the arbitrators.
If further sum awarded, company to pay or deposit same within fourteen days.
Costs of the arbitrators.
Compensation where no satisfaction previously made, how to be settled.
1620
Purchase-money payable to parties under disability amounting to $1,000 to be deposited in the Bank.
Application of moneys deposited.
Order for application and investment meanwhile.
Sums from $25 to be deposited or paid to trustees.
1621
Sums not exceeding $25 to be paid to parties.
Upon deposit being made, the owners of the lands to assign, or in default the lands to vest in the company by deed poll.
Where parties refuse to assign or do not show title, or cannot be found, the purchase-money to be deposited.
1622
Upon deposit being made, a receipt to be given, and the lands to vest upon a deed poll being executed.
Application of moneys so deposited.
Party in possession to be deemed the owner.
1623
Costs in cases of money deposited.
Assignments.
Costs of assignments.
Taxation of costs of assignments. 1624
Payment of price to be made previous to entry, except to survey, &c.
Company to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.
1625
Upon deposit being made, cashier to give receipt.
Deposit to remain as a security, and to be applied under the direction of the Court.
Penalty on the company entering upon lands without consent before payment of the purchase-money.
Decision of Judge in Summary Jurisdiction not conclusive as to the right of entry of the company.
1626
Proceedings in case of refusal to deliver possession of lands.
Parties not to be required to sell part of a house.
Power to redeem mortgages.
1627
Deposit of mortgage money on refusal to accept.
Sum to be paid when mortgage exceeds the value of the lands.
Deposit of money when refused on tender.
1628
Sum to be paid where part only of mortgaged lands taken.
Deposit of money when refused on tender.
1629
Compensation to be made in certain case, if mortgage paid off before the stipulated time.
Release of lands from rent charges.
Release of part of lands from charge.
1630
Deposit in case of refusal to release.
Charge to continue on lands not taken.
Where part only of lands under lease taken the rent to be apportioned.
1631
Tenants to be compensated.
Compensation to be made to tenants.
Where greater interest claimed than at will, lease to be produced.
Limit of time for compulsory purchase.
Company empowered to purchase interests in lands, the purchase whereof may have been omitted by mistake.
1632
How value of such lands to be estimated.
Company to pay the costs of litigation as to such lands.
Power to appeal from awards.
1633
Governor in Council to adjudge petition.
Recovery of compensation awarded by Governor in Council.
Power to appeal from Judge in Summary Jurisdiction's decision.
Lands not wanted to be sold, or in default to vest in owners of adjoining lands.
Service of summons, &c.
Form and delivery of notices.
1634
Tender of amends.
Recovery of tolls, &c.
By distress.
Distress not unlawful for want of form.
1635
False witnesses.
Company to be responsible for all damage.
Right of user only acquired.
Power to Police to regulate traffic.
Rights of public reserved.
Reservation of rights of the Crown.
Suspending clause.
Break power of engines.
As to fittings of engines, &c.

1598
Preamble.
Short title.
Interpretations.
'The Company.'
'Owner.'
'Lands.'
'Lease.'
'The Court.'
'Payment into Court.'
'Judge in Summary Jurisdiction.'
'The Bank.'
'The Cashier of the Bank.'
'The Works.'
1599
'Construction of tramways.'
1600
Power to deviate tramway No. 6.
Power to lay single line where double line authorized.
Power to widen certain bridges, &c.
Power to make additional tramways.
1601
Plans.
Tramways to be in middle of road &c.
Gauge of tramways Nos. 1. 2, 3, 4 and 5.
Gauge of tramway No. 6.
Power to break up roads.
1602
Completion of works, and reinstatement of road.
Further provisions as to construction of tramways.
Repair of part of road where tramways are laid.
1603
Penalty for not maintaining rails and road in good condition.
Temporary may be made when necessary.
Application of road materials excavated in construction of works.
Company to remove surplus paving, &c.
Roads to be repaired at the expense of the company.
1604
For protection of sewers, &c.
Rights of companies, &c. to open roads.
1605
Difference between company and Surveyor General, &c
1606
Tramways not to be opened until certified.
Cesser of powers in certain events.
Discontinuance of tramways by the company.
1607
Carriages of tramways Nos. 1, 2, 3, 4 and 5 may be moved by animal, steam, or mechanical power.
Motive power of tramways No. 6.
Construction of carriages.
Powers to authorities to inspect engines, &c.
Penalty for using steam or mechanical power contrary to Ordinance or regulations.
1608
Bye-laws.
1609
Penalty may be imposed in bye-laws.
Notice before using steam, &c.
Company may use flange-wheeled carriages.
Power to sell.
Power to lease.
1610
Rights of Government.
Government to pay tolls.
Traffic upon tramways.
Company not bound to carry goods.
Tolls.
Distance covered by tolls.
1611
If carriages full, company not bound to carry.
Passengers' luggage.
Tolls for animals, goods, &c.
Payment of tolls.
Liberty to company to abandon undertaking.
1612
On abandonment, power to sell.
Offences.
Further offences.
Further offences.
1613
Regulation for user of line.
Transient offenders.
Penalty for bringing dangerous goods on tramways.
Penalty for using tramways with flange-wheeled carriages.
Power to purchase lands by agreement.
Parties under disability enabled to sell and assign.
1614
Parties under disability to exercise other powers.
Compensation where parties are under disability.
Notice of intention to take lands.
1615
If parties fall to treat question to be settled as hereinafter mentioned.
Where compensation dose not exceed $1,000.
Where compensation exceeds $1,000.
Proceedings to settle disputes before a Judge in Summary Jurisdiction.
Proceedings by arbitration.
1616
Vacancy of arbitrator to be supplied.
Appointment of umpire.
Judge in Summary Jurisdiction empowered to appoint an umpire on neglect of the arbitrators.
In case of death of single arbitrator, the matter to begin de novo.
If either arbitrator refuse to act, the other to proceed ex parte.
1617
If arbitrators fail to make their award within twenty-one days, the matter to go to the umpire.
Power of arbitrators to call for books, &c.
Arbitrator or umpire to make a declaration.
Costs of arbitration how to be borne.
Award to be delivered to the company.
1618
Submission may be made a rule of Court.
Award not void through error in form.
Compensation to absent parties to be determined by a Judge in Summary Jurisdiction.
A Judge in Summary Jurisdiction to nominate a surveyor.
Declaration to be made by the surveyor.
Valuation, &c., to be produced to the owner of the lands on demand.
Expenses to be borne by company.
1619
Purchase-money and compensation, how to be estimated.
Where compensation to absent party has been determined by a surveyor, the party may have the same submitted to arbitration.
Question to be submitted to the arbitrators.
If further sum awarded, company to pay or deposit same within fourteen days.
Costs of the arbitrators.
Compensation where no satisfaction previously made, how to be settled.
1620
Purchase-money payable to parties under disability amounting to $1,000 to be deposited in the Bank.
Application of moneys deposited.
Order for application and investment meanwhile.
Sums from $25 to be deposited or paid to trustees.
1621
Sums not exceeding $25 to be paid to parties.
Upon deposit being made, the owners of the lands to assign, or in default the lands to vest in the company by deed poll.
Where parties refuse to assign or do not show title, or cannot be found, the purchase-money to be deposited.
1622
Upon deposit being made, a receipt to be given, and the lands to vest upon a deed poll being executed.
Application of moneys so deposited.
Party in possession to be deemed the owner.
1623
Costs in cases of money deposited.
Assignments.
Costs of assignments.
Taxation of costs of assignments. 1624
Payment of price to be made previous to entry, except to survey, &c.
Company to be allowed to enter on lands before purchase, on making deposit by way of security and giving bond.
1625
Upon deposit being made, cashier to give receipt.
Deposit to remain as a security, and to be applied under the direction of the Court.
Penalty on the company entering upon lands without consent before payment of the purchase-money.
Decision of Judge in Summary Jurisdiction not conclusive as to the right of entry of the company.
1626
Proceedings in case of refusal to deliver possession of lands.
Parties not to be required to sell part of a house.
Power to redeem mortgages.
1627
Deposit of mortgage money on refusal to accept.
Sum to be paid when mortgage exceeds the value of the lands.
Deposit of money when refused on tender.
1628
Sum to be paid where part only of mortgaged lands taken.
Deposit of money when refused on tender.
1629
Compensation to be made in certain case, if mortgage paid off before the stipulated time.
Release of lands from rent charges.
Release of part of lands from charge.
1630
Deposit in case of refusal to release.
Charge to continue on lands not taken.
Where part only of lands under lease taken the rent to be apportioned.
1631
Tenants to be compensated.
Compensation to be made to tenants.
Where greater interest claimed than at will, lease to be produced.
Limit of time for compulsory purchase.
Company empowered to purchase interests in lands, the purchase whereof may have been omitted by mistake.
1632
How value of such lands to be estimated.
Company to pay the costs of litigation as to such lands.
Power to appeal from awards.
1633
Governor in Council to adjudge petition.
Recovery of compensation awarded by Governor in Council.
Power to appeal from Judge in Summary Jurisdiction's decision.
Lands not wanted to be sold, or in default to vest in owners of adjoining lands.
Service of summons, &c.
Form and delivery of notices.
1634
Tender of amends.
Recovery of tolls, &c.
By distress.
Distress not unlawful for want of form.
1635
False witnesses.
Company to be responsible for all damage.
Right of user only acquired.
Power to Police to regulate traffic.
Rights of public reserved.
Reservation of rights of the Crown.
Suspending clause.
Break power of engines.
As to fittings of engines, &c.

https://oelawhk.lib.hku.hk/items/show/403

1890

v3

No. 1 of 1882

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