TRAMWAYS ORDINANCE, 1883

TRAMWAYS ORDINANCE, 1883

ORDINANCE No: 1 0l' 4893.

Dastraints for Rent,

or lease had not been ended or determined; provided that such distress
be made durinb the continuance of the possession of the tenant from- whom

such arrears became due.

30. No personal property shall be removed from any premises Writ.sin

(:town suits

under any writ from any Court other than writs in Crown suits, till the
and (ustro,'

to have

claim for rent due to: the landlord or lessor or person entitled to
receive
the rent, is satisfied; provided that such claim shall not in any case
exceed the amount due for six mouths' rent last-due. -

31. If personal property, otherwise liable to distress for rent, shall,
at the time of the issue of any distress warrant, or thereafter before
seizure by the bailiff under such warrant be seized under any writ or
warrant of the Supreme Court, the said bailiff shall not seize such
personal
property, but shall return the warrant into Court and deliver copies
thereof to the execution creditor. or his agent and to the debtor either
personally or by leaving the same at the place where the foods were
seize, and such execution creditor or debtor or either of them may apply
too the Court to discharbe or suspend the warrant within the tinge and
in .the manner mentioned n~seetion 2(?, and should no such application
be made within the said time, tha Registrar shah, out of the first money
to be received by him from the officer exeeutixaa such.writ or warrant,
pay, aver to the person Ataining such distress warrant ,the amount
thereof, provided that if the amount mentioned in the Tarrant of distress
shall exceed t~e4'a~-,so,unt due fob six months rent, the lle(ristrar
shall pay
the amount of rent due or site months and the costs and no more.

32. If any execution shall. be paid off after issue of a warrant of
distress, the bailiff shall immediately execute the warrant of distress.

33. The following persons may; personally or 'by their attorneys persons

allowed to

or agents, apply for warrants to distrain for arrears of rent due to the
apply for

distraint:.

estates represented by them, that is to say
:--

I:xecutors or administrators of an^ lessor or landlord or person _
entitled to receive rents ;

Guardians for infants, committees of lunatics for the lunatics;

Receivers appointed by Courts for the estate over car for which
. they are appointed;

Property

seized under
writ or
arrant. of
Supreme
Court.

If excatttion
satisfied,
distress
warrant may
be executed..
ORDINANCE No. 1 of 1883.

Distraints, for Rent.

Assignees and trustees, -in bankruptcy for the estate of the
bankrupt ;~

Mortgagees, for the property mortgaged, if the mortgagee is in
possession ;

'trustees, for the estate oiler which the trust extends;

Lessees, against their under-lessees;

'the registrar for premises seized under executions, if rented
to tenants by the person against whom the execution is
issued, or otherwise rented so that the rent is payable to
such person ;

Married women, with or without the concurrence of their bus -
hands, for arrears of rent due !on property held lay then
to their sole and separxtte use.

Where several
parties, inter-

eat etl crow of'

them 'I

prcosueu;ling~;: ,

34. Where ~, right to distrain accrues to parties jointly interesed,
or together interested, in any premises suck as coparceners, joint
tenants,
tenants in common, executors,, administrators, trustees, guar,dians;4
partners' or otherwise; proceedings under this Ordinance may be taken ~byv
any one: of such parties', in his own name and the name or names of those-
j1 o, tooether interested with bitn and the lev ino- of rent so 'dis-,
6intly r g y 0
trained for shall be -a cQFnplete cliacb:arMe to the tenant, for the
rent, or
for so much thereof as may he so eI vIied ; and the partjw.%ooleVY' sha,Il`
be liable to account to the pa.rt.ies havino, the inte;t jointly or
together
with them for all sums so levzed:

~ianot# 35. Provided that if it should, in any particular.case, appear to
the
t~ourtg or fo the Registrar or Deputy' liegistrar, to be advisable so to
do,
the Court oz' P e(;tstrar or Deputy Registrar may require the party so
applyin(,,P, to produce a written authority to distrain, signed by one or
woye~of.the persons ,jointlw or touether~interested with him. ,
36. \'o property fuund'at the tirrie of distraiot in or on any premises,

pmjyeity
as to which an' arrear of rent is due, shall be removed from such*premises
.~e~e~,~. without the consent of the person issuing the distress warrant,
or 'by
direction of the Registrar, till s atisfaction is made, for the rent due
if the
afrear bas accrued during the current tenancy, antl,if at any time such
property would ,11aN-e been liable to distraint for rent nroder thin Urdi-
QIiDINANCE 1\o. 1 off' 1-883.

Distraints for Rent.

nance ; and the landlord or lessor shall be entitled to- require the
bailiff
upon giving such bailiff a sufficient indemnity to the satisfaction of the
Reaistrar to follow the property if removed, and seize the same under the
distress warrant, whether or not such property was 'afterwards disposed
of by the owner by way of sale, exchange, mortgage, pledge or otherwise.

37. If the tenant or lessee, or person in possession or occupation, of
any premises on which there is ail arrear of rent due, recoverable by
distress, shall remove, carry away, or cause or permit to be removed or
carried away from the premises any moveable property liable to be seized
for such rent, so as to prevent or hinc'r the bailiff from distraining the
same, it shall be lawful for the Court, on -application verified by
affidavit,
to authorize the bailiff, to whom the warrant of distress to distrain for
the
rent on- such premises is addressed and the officers actinn with him, to
follow, and to take and seize, such goods. and chattels, as a distress
for the
said arrears of rent, wherever the same may be found, at any time within
thirty days from the day of their removal, exclusive of the>day of
removal,
and:to deal -with the said moveable property so removed in the same way
as if lilt had been found on the premises, and if advisable so to do, to
place
t-he' same again in the premises.

Removal of
pro ertv
-*liabl~e to dis-
traint.

38. Provided that it' shall be lawful for the bailiff,' without such
seizure at

authority to fallow and seize any, such property found b y him in the act
. be xtoht
of being.wemved froth any.such preihises, and before the same is placed
moved.

in any other hous1'buildfng

9: If such property or any part thereof so removed or carrl.ed away
under the circumstances mentioned ;in sections 36 and 37 of 'this Ordi-
nance shall. have been sold bond,fide; and for a sufficient consideration,
before or after, removal from the, premises distrained, to any person not
knowing and not having the means of knowing that the same was liable
to distraint. for 'rend,: ur vas removed or carried away, or was to be
removed
or carried away, so as to prevent or hinder the landlord or lessee from
distraining the same,- or so much thereof as shall have been so sold,
shall
not be seized or if seized shall be restored by the bailiff distraining
or by
the Court on application under section 20 of this Ordinance.

40. Any tenant or lessee, or person in possession or occupation who
Fraudulent
shall fraudulently remove or carry avPa~ moveable properly as aforesaid,
removal.

Property sold
bondfade
may be
restored.
ORDINANCE No. 1 0F 1~88-3.

Distrairctsfor went.

'and any person wilfully and knowingly aiding or assisting such tenant or
lessee or person' in such fraudulent removal or carrying away, shall be
deemed to be guilty of a misdemeanour.

w

Police may 41. It shall be lawful for any Police officer to stop and
detain, until
stop removal due enquiry can be made all carts hand carts and carriages
and all
of furnitmc
persons, engaged between the hours of $ P.m. and 6 A.M. in removing the
furniture of any premises.

Protectino

clause.

4?. Nt'here any distress shall be made for any sum of money to be
levied by virtue of this Ordinance,the distress itself shall not be deemed
unlawful, nor the party making the same be deemed a trespasser, on=°
account of any defect or want of form in the proceeding relating thereto,
nor shall the party distraining be deemed a trespasser from the beginning
on account of any irregularity which shall afterwards be committed by
the party so distraininb, but the person aggrieved by such irregularity
may recover.satisfaction for the special damages in an action as provided
by section 24.

PART VIL

General Provision.

E~p' tiQns, 43. IN othing herein contained shall be held to a.4T_ * rents
due to

the Crown.

44.~ The word,,,' Court-' or the words ':Supreme Count' as Used in
this Ordinance shall mean unless otherwise expressed The Supreme Court
i~ its Summary Jurisdiction. w

Suspending . f45. This Ordinance shall come into operat'_on on a day to
be here-
after proclaimed by the Governor.
ORDINANCE No. ' 1.

Distraints for Deal.

A:

Scale of fees to be levied in distraints for rent.

Affidavits,
Sums sued for. warrant to
distrain,
notices. &c.

and under 5 dollars.

5 , 10
10 20
20 30
30 40
40 50
50 75
75 100
100 250
250 500
above 500

2n the- Supreme Court .

. . .e

that't. ;'

is justly in'

-of the hoes p6raiees No.

c.
0.25
1,00
2.00
3.00
4.00
5.00
6.00
7.50
10.00
15.00
15.00

Order to
sell: Commission.

0.25
0.50
1.00
d 1,50
2.00
2.50
3.75
5.00
$1 for every
$20 or part
cf $20.

The above kale is intended to include all expenses; except in suits where
the
tenint- disputes 1'h6 landlord's claim, aid 'wibnessee haTei to be
subpoenaed, in which
case eacksubpcena must be paid for at 25 cents; where watohroen are kept
in charge
of property tlistrained, 25. cents per, day mast be` paid per man,; where
property .is
removed and stored, the- necessary ;expenses to be fixed by the Registrar
must be paid..

,Poof -,wit for distress,

in-the sum of -dollars
situated at

due for : moths, to wit from ~ to
.. of dol,hL. - per niensem.

Swo= betprsame the day of

in the

A.B. (plaintiff)

versus

C. D. (defendant;

rnaketh oath and saitlx

for arrears of rent

' at the.. rate
To

ORDINANCE No. I of 1883:

Distraints for Rent.

Form of warrant.

In the Supreme Court.

I hereby direct you t9 distrain the goods and chattels on the premises of
AX_
situate in ire the for the sum of

dollars, being the amount of months' rent due to C.D. for the same
on the. dap of last, according to the provisions of the Distraint for
Rent Ordinance, 18$3.

Before proceeding.to distraint under this warrarit, you shall demand
payment of
the amount endorsed hereon.

Dated day of

by the Registrar or Deputy Registrar bf the Supreme Court.
I f,

E. F. W

Sworn bailiff and appraiser.

In the Supreme Court,

1$
. (Signed and sealed),

.Form of inventory artd-notice:

(Summary Jurisdxctioz~.j

'.Calve notice that Lhawe this;, day, seized .the goods arid chattels
contained in't

ra'~ove -i,nventorp and ~apprai.sement, for, the: sum of dollars, being the
amount -of :months' -rent duo to C.D, oi~;:` last arid that unlessy
you, pay ,that amount together with the costs of this distress;: within
five days from the
date heiepf, or obtain an order from the Court to the 0, ry, the same will
be sold
on the day .of 18~ , ' uant to the provisions of the

Distraint for Rent Ordinance, 1883.

(Signed) :E.F.
Swornbaiiiff and appraiser:

.Form of Power of- Attorney',to dastrain.
' Ir(o~` we), A.B. do hereby authorize C.D. to-be my (our) agent to act
fr me (us)-
,

iu distxaining, under the Distraint for Rent Ordinance, 1883, for (a11)
the arrears of rent
now due to. me (us) (or to be hereafter due) on property situated in
(here. describes
property), as to which Z am. (we are) entitled to distrain as (Owner,
-Lessee, Trustee,-
,Guardian, &c.) alone (or together with .E.:F: j &c. ~ .
Dated

(Signed) A.B.

fIn force from the 1 st March,, 1883, under proelamation.2Tth. February,
1883.

Mahomedan Cemetery Companies.

No. 2 of 1883.

An Ordinance entitled the Mahomedan Cemetery Ordinance Amendment
Ordinance, 1883.

WHEREAS it is expedient that all right of access to the old Mahomedan
eeme- Preamble.
tery as reserved by section 4 of Ordinance 8 of 1867, should be
extinguished,
_and that the said cemetery should be re-rested in Her Majesty, free from
all restriction
:as to the use of the same: Be it enacted by the Governor of Hongkon g,
with the
advice of the Legislative Council thereof, as follows:-

1. Section 4 of Ordinance 8 of 1867 is hereby repealed, and the old
Maholnedanrepawl:
cemetery in the said section referred to, is hereby absolutely vested in
Her Majesty,
free from all restrictions whatever as to the use of the same.

Disallowed in: C.O.D. No. 71, April 26th, 1883, not gazetted. Repealed by
Ordinance No. 4 o f1887.]

OhDIV'~.XChJ No. 4 of 1883.

Excise (Opium).

Notice is hereby given that the Governor in Council has granted the
exclusive
'privilege of boiling, preparing, and selling prepared opium within the
'Colony to from the
'and that trite opium now purchased and sold cannot be legally used or
' retained in your possession after noon of the 3rd dap from the above
'date without the consent of

Ordinance I or -
1879 amended. 2,Ordinance I-of 1879 is amended as follows:-

(I.) In section 7 after the words ' the time being ' insert ' or to the
Colonial

'Treasurer for the use of the revenue in case of there being no holder
- ' of the exclusive privilege.'

(2.) In section 11 after the words 'approved of by him to act as excise

'officers' insert 'and in case there is no holler of the exclusive
privilege
'then the Governor map in a similar form appoint such persons as he
`~ may think fit.' .

(3.) In section 13 strike out the words °` at the expense of-the holder of
vh

' exclusive privilege for the time being.' .

(4.) In sections 15 and 16 add to each the words ' or to the Colonial
Treasurer

'fox the use of the revenue in case of -there- being no holder of the

'exclusive privilege.'

ordinanCel of 3. Ordinance 7 of 1879 is amended as follows:
--

a87D amendod. .
(1.) In section 4 after the words ' licensee, under him ' insert ' or the.
Gov-
ernor in, Council.' ~ ~ . . _

(2r) In section 7 subsection 1 after the words 'over to the new holder, of
'the.said exclusive privilege ' insert 'or to the Colonial Treasurer if
there
' is no Iie W holder of the. exclusive privilege ' and in sub-section 3
after-
the ~ words ' Governor so to do' insert ' or in, case: there shall be no
new
' bolder of the `exclusive privilege ' and after the words `~ the other
two
arbitrators' insert ' or two arbitrators so appointed, by the Governor
and.
'the person whose exclusive privilege has expired or is about to expire.'
(3.) In section 9 after the words 'holder of the exclusive privilege'
insert
'or to the licensee of the Governor in Council.'

(4.) In section 10 after the words ' paid to the holder of the exclusive
pri-
'vileae' insert ' or, to the Colonial Treasurer for the use of the
revenue-
'in ease there is no holder of the exclusive privilege' and add like
words.
to the end of the section.
ORDINANCE No. 4 of 1883.

Excise (Opium).

4. &m.-and after the passing of this Ordinance no person shall be
permitted to c;nlicensea

smoking divans.
open smoking divans or keep open those already existing without a licence
under a
penalty on summary conviction thereof before a Police Magistrate of five
hundred
dollars or a term of imprisonment with or without hard labour,,uot
exceeding six months
-and all smoking divans shall be divided into classes. The 1st class
shall consist of
those'where boiled or prepared opium is smoked-and the 2nd class shall
consist of
those where only dross opium. or opium prepared. from opium dross alone
is smoked.

It shall be lawful for the Governor in Council to. farm out the privilege
of keep.
iy one or other or both classes of smoking divans on such terms and
conditions as
may seem to the Governor in Council expedient, and the grantee or
grantees shall be
empowered to ;rant licences to separate keepers. In the event of there
being no holder
of the grant the Colonial Secretary is hereby empowered to ;rant licences
and to-revohe
the same on such terms and conditions as he may think fit.

[Repeated by Ordinance No. 1 of 1884.]

Refusing to pas

fuse, dtc.

Vehicles and Public Traffic..

6. Ordinances 6 of 1863 and 6 of 11382 are hereby repealed, but such
repeal shall
not affect any thing duly done before the passing of this Ordinance.

7. Every vehicle, whether licensed or not, when meeting any other
vehicle, shall
pass it by keeping to its own left side of the road, and when overtaking
any other
vehicle going in the same direction shall pass it by keeping to its own
right of such
vehicle. ,

$. No person who has hired any,licensed vehicle, shall refuse to pay the
fare for
the same forthwith on the termination of the hiring; nor shall any person
wilfully
injure any licensed vehicle,,or ill-treat or abuse the driver, bearer, or
drawer of any
such vehicle.

Cotnpensation ins Any person offending against this section shall, in
addition to the punishment to
a.adition to other ,
peuRttsr which he may be liable under this Ordinance, be pliable to pay
such compensation to
- the owner, bearer, drawer, or driver, whom he ill-treats or abuses, or
whose vehicle he
wilfully injures, as the Police Magistrate may award; and payment of the
same shall
be enforced inhe same way as payment of a. fine binder this Ordinance.
suspeamns 9, This Ordinance shall come into operation on a day to be
proclaimed by the
l;laclBP. a ,., ',
Governor. , -

[lit force front 2nd April, 1883, under prIorlumation 24th March, 1883,
Repealed by , Ordinan ce No. 21 of 1887.
;

NoTE:=-'!.'Iae foldvwinag rules etc., were made under the Ordinance:

.I~'ules under section 4 of `the 29th h.Tarch,1881. ( Sec Gazette 31 st Of
same month.)

Table of Fares for Public T''ehicles 11th April,, 1888. (See Gazette 2Xst
of the same month.)

Mules under section -4,, 3Xst October, 1888. .(See Gazette 3rd :11 ovember
X 883

!'able of Fares 16th July, .884. ( See Gazette 9th Angust, 18841)
'

Rules as to licences of the 14th August, 1885: (See Gazette 15th of the

same month:) .b.,

Rule as to licences 22nd October, 1886. (See Gazette 2 3id of the same,
month.)

Rules uit dPrsection 4 0, f' the 21 st January, 1887. ( ~.S'ee Gazette of
the
22nd of same month.)

t
Order in Council as to fees of the 22nd April, 1887. (bee Gazette 30t7a
of the some month.) ,

Rules tinder sect' 4 of the 24th July, 1887. (Sec Gazette of the 2jth
of the same month.) -
ORDINANCE No. 6 of 1883.

Tramways.

No. 6 of 1853.

An Ordinance for aLltllol'1ZLll b the construction of certain '1'raln-
wa3Ts within the Colony of ~Jongl:ong.

- [13th June, 1883.]

WHEREAS it is desirable to a ithorize the construction of certain
Preamble.
f Hong konw : 13e it therefore
tramways, within the Color o 0
enacted by the Governor of Honakon~, with the advice of the Legislative
Council thereof, as follows:-

1. This Ordinance may be cited as The T'ramiccxys Qudirzance, 1583.

2. The terms hereinafter mentioned shall have the meanings assibn-
ed to them, unless there be ~ something either in the subject or context
repugnant to such construction, that .is to say:-

The expression the Government. shall mean the Governor acting on
behalf of Her Majesty, Her. Successors, or assigns, or on behalf.of the
Government of the said Colony.

The expression the promoters shall mean the promoters hereinafter
named. ,

The expression -common seat shall mean, if the assignees from the
promoters under the power hereinafter contained- be a corporation, the
common seal of such corporation, or, if they be not a corporation, it
shall
mean the hands and seals of such assignees, or any two of them.

The word; owner or owners shall mean any person or persons; or
corporation, whop under the provisions of this Ordinance, is enabled to
sell and assign lands to the company hereinafter defined.

'she word lands, shall. extend to messuabes, lauds, tenements arid L
hereditatnents of any tenure.

The word lease 'shall include a sub-lease, and an agreement for a lease,
Lease.
or sub-lease:.

The expression the Court shall mean .th.e Supreme Court of the me Court.!
Colony of Hongkong. .

.The expression Judge 'Shall mean one of the Judges of the Court. Judge.

The expression road shall mean any roadway over. which the Road.
tram-ways authorised by this Ordinance shall - pass; and the roadway of
any bride forming part of or leading to the same.,

short. title.

Interpreta-
tions.

Government.

The P~wliot-

era*

C~nimoseal.

Owner.
ORDINANCE No.. 6. of 1883.

Tramways.

The expressions carriage or carriages shall include all carriages, cars
aid trucks used upon any tramway.

The expression the works or the undertaking shall mean the works or
undertaking of whatever nature ~~'vhich shall by this Ordinance be
authorized to be executed. w

Pror ote~r:s.

Promoters. 3; The Honourable FRnrTcls Buz.KELEy JOHNSON of Victoria in the
said Colony of Hongkong, FREDERICK DAVID SAssooN of the same place'
Esquire, CIIA13LES VINCENT SMITH Of the same place Esquire, and WILLIAM
KIotFOOT HUGHES of the same place Esquire, or the survivors, or survivor,
of them, shall ~ be the promoters for the purposes of this Ordinance, and
- are hereinafter referred to as the promoters.

power to assign. 4. 'when and so soon as this Ordinance shall have come
into operation as here-
inafter provided (but not before) the promoters may, with the assent and
approval o£
the Governor in Council, assign and absolutely dispose o£ any one, or
more, of the
tramways hereby authorised to be constructed, without receiving any
valuable consi:de=
ration.; therefor, or for; any consideration that the, promoters may
think fit to accept; to
such person, or persons, corporations or company, and with, under and
subject to such,
terms an;d.,conditions in all respects as the promoters shall think fit,
and such person.
or persons, corpofation or company, may, with such assent and approval as
aforesaid,
reassign to, and revert in the promoters the tramway, or tramways, so as
a£oriesaid'v
assigned and absolutely disposed of to him, or them, without receiving
any valuable'
consideration therefor, or for any consideration that he or they, nlay
think fit to accept,
and the promoters may, with such assent axed approval as aforesaid,
again, in nia,nner
aforesaid: assign. and absolutely dispose of any one or. more of the
tramways so as
aforesaid reasssig-ned to, and reverted in, them, and all and every the
.assignees, or
assignee, for t~e time being from the promoters, whether a corporate body
or riat, are
andvis hereinafter included in the expression, and referred to as the
company: (Repealed
by Ordinance No. 18 of 1883, and new section substituted. , w

Construction of tramways.

Construction ~, The company may construct and maintain, subject to the
provi-
4~)t t'`lm4vay~ signs of this (.ordinance, and in accordance with the
hlysv which have
been deposited as hereinafter Mentioned, the tramways hereinafter- des-
cribed, wit-h all proper stations, crossings, passinn-places,
sidings,--junc-
tions , rails, turn-tables, plates; offices, weigh-bridges, sheds, works,
and
conveniences connected therewith,' or for the purposes thereof, and may
work and use the same.
ORDINANCE No: 6 of 1583.

Tramways.

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, Wantsai Road, and Queen's
Road East, and terminating at a point opposite the entrance
to the Eastern Market at the junction with tramway No. 2.

Tramway No. 2.---A double line, one mile, four furlongs, 1.21
chains in length, commencing at a. point opposite the
entrance to the .Eastern Market at the junction with. tram-
way No. 1 at its termination, thence passing 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 the junction with tramway
1\' 0. 3.

Tranitray .No. _3.--A single line, three furlongs, `?.77 chains in
length, commencing at a point opposite Inland Lot Num-
ber two hundred and nineteen at the junction with tram-,
way No. 2 at its ermination, thence passing along queen's

' Road West, and terminating at a point opposite Marine
Lot Number eighty-one, at the, junction with tiamway
o. 4.

TrevaraJ .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, coi.n-
Inencing 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 Pr aya 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,a.nd ninety.

(b.) A single line one furlong, one ehain in length, commen-
cing at a point opposite Marine Lot Number eighty-one,
See Not i /lea -
tyon No, 219
(xaxettc
28t1t, May,
1888, and
.Not ifiar~tio~t
11'c), 327
Oaxettr
26t1z ,yd;,,

Power to
cleviat~
0`wt~y
vTo. ~.

Power ~a n~ ,

a;zngle Ii~ie
where double:
line autho-

OP.DINANCE No. 6 of 1883.

Tramways.

at- the junction with tramway No. 3 at its termination
thence passing along Queen's li.oad 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.

Tramway NO. ,5.-A single line four miles, two furlongs in
length, commencing at the North-.west corner of Inland
Lot Number four hundred and seventy-one, thence passing
along the Shau-ki WAn Road to a point on the North side;
of, and opposite to the Eastern side of Shau-ki Wean Lot
Number seven.

Tvmway No. 6.--A partl y single and partly double line, com-
mencing on the South side of the South-west boundary of
the War Department ground at its junction with Garden
. Road, thence passing in a Southerly direction up the
. hillside to the , Victoria Gyp, crossing over the Kennedy
and Plantation Roads by means of bridges, and terminating
at the Victoria Gap at a point on the North side of Farm
Lot 'umber fifty-three:

Provided that,,-such. alterations as the company shall think fit may be
made in the position of the rail-tracks of the tramway No. 6 as shown,
on thedeposited plan theieof, such vlterat,iong being within the limits
of
deviation shown oil the; said last-mentioned plan. .

6. The plans herei.nbefore referred to^as-having been, deposited, are
the plans Nos. 1 to 6, 6rx, and i to 20 inclusive, deposited by. the':
pro-
moters in 't4e office, of the Surveyor General.

7. Where a double line of tramway is hereby authorized ~to be laid
-down,- it shall not be compulsory upon the company to lay down a'
du 'fine, but they may, at their discretion lay d' 'the first
o' 'ble own in
instance a single line of tramway in lieu of such double line, arid may,
at the like discretion, at any time thereafter, convert such list-named
single line into the double Iirie hereby authorized to be laid down: Pro-
vided always that, if tine working of any double lire be considered by
the Governor in Council dangerous or inconvenient, the Governor in
CoLincil may by order direct the compavy to discontinue one of the lines.
of rail, and thereupon the company shall place the remaining line in-such
part of the road as the Governor in Council shall by such order approve
of.
ORDINANCE No. is of 1886.

Tramways.

1683

$. Subject to the approval of the Governor in Council being first rower to
widen eereai~
-obtained, the company may, in the construction of the above tramways,
bri<~gges, &r:
-or any of them, alter the level of. and widen, the bride known as
Bowrington Bride, which spans the Northern end of the Bowrington
Canal at its junction with the harbour of Victoria, and the bridge which
-spans the Northern end of the Nullah or stream running between Marine
Lot Number one hundred and ninety-eight and Marine Lot Number one
hundred and ninety-nine at its junction with the s,aid harbour, or either
,of the said bridnes ; and subject as aforesaid, may, as regards the
tramway
.No. 6, alter the levels of the ground on which the said tramway No. 6 is
laid, make and construct all necessary cuttings acid embankments, bridges,
viaducts, cuNerts, catch-water drains, and other works, and` divert
streams. Provided always that the earth excavated and thrown to
waste is disposed of in such manner as to prevent its being washed down
by rain into the harbour.

9. Subject to the approval of the Governor iii Codicil being , first
obtained, after timely and adequate notification by public advertisement
or otherwise of the intention of the company to apply for such al:Troval,
the company may, from time to time, construct, and maintain, subject
to the provisions of this Ordinance;, and in accordance *ith plans t© be
previously deposited by the company in the office of the Surveyor
General, all such crossings, passing places, sidinasJ unctionS,°
turn-table's
and other works in addition to those particularly specified, in .and
.authorized by this Ordinance asrnay from time to time be approved of
by the -Governor in Council, and nay work and use the same.

I(,1. Every tramway running over and along any road shall be con-
structed, and maintained as nearly as may be in the middle of such road,
end no tramway shall be so laid that, for a distance of thirty feet or
upwards; a less space than 8 feet shall intervene between., the outside of
-the footpath on either side of the road and the nearest side of any
carriage
,(and any projection thereof), except in tire case of brides, streets, or
other paces where the width may not be sufficient to allow a space of 8
feet on either side, -and except where it nay be necessary to construct
and maintain y loops -for enablin% the carriages to pass each other; or to
construct sidings arid curves, all ,which exceptions shall be subject to
the
.approval in wr itina of the Surveyor General.

Powel- to make
ad<.iiuoaai

examiays, -Sic:

Tramway-, to
be in middle
of road., &c.- ;
Gauge of
tramways
Nos. 1,. Z, 3, 4
and 5.

Gaun of
tramway
No. c.

Power lo
break 'up
z aaft.

ORDINANCE _No. 6 OF 1883.

Tramways.

11. The tramways Nos. 1, 2, 3, 4 and 5 shall be constructed on a
garage not exceeding three feet six inches in width, and with two steel
grooved rails, which said rails shall, before being laid down, be approved
of by the Surveyor General, and shall be laid and maintained in such
manner that the uppermost surface thereof shall be on a level with the
surface of the road. Provided, that the Governor in Council may, from
time to time, require the company to adopt arid apply such improvements
in the last-mentioned tramways, including their rails, sleepers and sub-
structure as experience may suggest, having regard to the greater security
of the public and, advantage to the ordinary traffic, and the company
shall with all reasonable despatch comply with any order rna,de by the
Governor in Council for the purpose of carrying out any such improve-

rxlents.

12. The trannway No. 6 shall be constructed on a gauge not exceed-
ing five feet in width, and with steel rails, which said rails shall,
before
being laid doom, be approved of by the Surveyor General.

13. 'r he company from time to time for the purpose of making,.
forming, laying down, maintaining, renewing, altering, adding to, or,
removing, any tramway under this Ordinance, or any part or parts
thereof respectively, may open and break my any road subject to the
S
fillo wing regulations
:- . -

1. '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 days at least
before the cornmencenient of the work.

2. ''f hey shall not open or break up or alter the level of any
road except with the authority, under the superintendence,
and to the 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 -break
up the road; end they shall not open or break up; at any
such place a ~rcater length than one hundred yards.

.completion 14. When the company have opened or broken up any portion of
of works, and
reinstatement any road, they shall be under the following further
obligations, namely:-
'f road, 1, They shall, with all convenient speed, complete the work on
account of which, tbey opened on broke up the same, and
ORDINANCE No. G of .883,

Tramzaays.

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

2. They 'shall in the -meantime cause the place where the road
is opened or broken up to bef;:nced grid watched, and to
be properly lighted at night.

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

16. In addition to the requirements of 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 Survear General a plan showing the proposed
mode of constructing, - laying, down, maintaining, renewing, altering,
addino- 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
rnaterials intended to be used therein ; and the company shah not com-
mence the construction, laying down, maintenance, renewal, alteration. of,
addition to, or removal of . such tramways or works; or any part thereof
respectively, except. for the purpose of necessary repairs, until such
plan
and 'statement have .been approved~in writing by the Surveyor General,
and the works shall be executed in accordance with such approved plan
and statement, and under the superintendence, and to the satisfaction of
the Surveyor General.

h$, :After and so soon, as each of the said tramways has been opened
for the public traffic, the Surveyor General shall maintain, in good con-
dition and repair the whole of the road whereon each of the said tramways
is laid, and the company ~ shall pay to the Surveyor General the cost of
the maintenance and repair of so much of any road whereon any tramway
is laid as, lies between the rai?~, of the trarnwayand also ( where two
lines

.

of tramways are laid by' the company in any road at a distance of not more

1G$~'J

Further pro-
visions as to
construotlon,
of tramways.:

Repair of
roads on
which tram
ways laid.
Temporary
tramways
may be made
When neces-
sary.

01ZDlNANCE No. 6 of 1883.

Tramways.

than four feet from each other) the cost of the maintenance and repair of
the portion of the road between the tramways, and also in every case the
cost of the maintenance and repair of so much of the road as extends
eighteen inches beyond the rails of, and on each side of, each tramway.
Except as aforesaid the company shall not be liable to pay for the cost
of ,
the maintenance or repair of any road whereon any tramway is laid. The
company, before paying any movies due from them under this section,
may inspect any contract or contracts, or specifications, or plans, or
other
documents, or writings, in the possession, or under the control of the
Surveyor General, or any contractor or contractors, relating to or stipu-
lating for the maintenance or repair of any road a proportion of the cost
,
of maintaining or repairing which they are liable to bear under this
section,,
so that the company may, before paying any proportion of the aforesaid
cost, be satisfied that the sum demanded from them. is a fit and proper
sum to be paid by them.

17. The company shall maintain in good condition and repairs and
at their proper level 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 Surveyor G.en
eral shall from time to time, or at, any -time hereafter, alter the level
of ° -~ L -e
any road along :or across which any of the said tramways shall be laid,
then and ii1 such event, and so often as the same shall happen, the corm
pany shall, at their own expense, alter their rails so that the uppermost
surface thereof shall.be on a level with the surface of the road as
altered,
and, if the company make default in complying with this section, they
shall, fox every offence, be subject on'conviction to a penalty not
exceeding
twenty-five dollars, and, in case of a continuing offence, to a further
_.T
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
f surface or soil of 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 park thereof, the
Surveyor General shall, before such tramway, or any part thereof, shall be
temporarily removed, or the use thereof discontinued, give to the company
14 days' notice at least of the necessity.or expediency of such temporary
removal or discontinuance, and immediately on receipt of any scach notice
ORDINANCE No. 6 0ir 1883.

Tramways.

the company may, subject to such conditions anal regulations as the Sur-
veyor General nay 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, and the road on which such temporary tramway is laid shall,
subject as aforesaid, be maintained so long as necessary by the Surveyor
General at the expense of the company.

19. Any paving, rmetalling, or material excavated. by the company
in the construction of tlleirorks from any goad under the control of the
Surveyor General may be applied by them, so far as may be necessary, in
or towards the reinstating of such road, provided such paving metalling
or material are ,in the opinion of the Surveyor General fit and proper to
be used in the re-instating of such road, and all surplus paving,
metalling
or material not used for any of the purposes in this section mentioned
shall be the property of the company, and shall be removed by them.

20. For the purpose of making, forming, laying down, hmaintaining,
renewing, altering, adding to, or removing any of their tramways, the
company may, from time to time where it, is necessary or appears expe-
alxent for the purpose of preventing'frequent interruption of the traffic
by
:'repairs or works in connection with the same, alter the position of any

or pipes for the supply of gas or water, or any tubes, wires, or

apparatus for telegraphic or other purposes, subject to the following re-
strictions, that is to say :-~=

Application
of road
materials
excavated in
construction
of works.

Provision a,~,

to gas and.
water com-
ptmiest &e~.

.

( I . ) Before the company shall alter the position of any such
maims or pipes, tubes, wires or apparatus they shall
obtain the written assent of the Surveyor General to such
alteration.

( 2. ) Before laying down a tramway in a road in which any
mains, or pipes, tubes, wires or apparatus may be laid,
the company shall, whether they contemplate altering
the position o£ any such mains or pipes, tubes, wires or
apparatus or not, give seven-days' notice to the company,,
persons or person to whom such mains, or pipes, tubes,
wires or apparatus may belong, of their intention to lay
down or alter the tramway; and shall at the same time
deliver a plan and section of the proposed work. If it
shall appear to such, other company, persons, or person
1688

OPDINA\'CE. \'o. 6 of I~,813.

Tramways.

that the; construction of the tramway as proposed wollld
endanger any'such main or pipe, tube, wire or apparatus,
or interfere with, or impede the supply of water or gas, or
the telegraphic or other communication, such other com-
pany, persons or person may give notice to the company
to lower, or otherwise alter the position of the said mains.:
or pipes, tubes, wires or apparatus in such manner as may
be considered necessary; and any difference as to the
necessity of any such lowering or alteration shall ~ be -
settled in manner provided by this Ordinance for the
settlement of differences between the company and other
companies ttr persons; and all alterations to be made
under this section shall be made with as little detriment.
and inconvenience to such other company or persons or
person as the circumstances will admit and under the
superintendence of such other company, persons or person,
or of their, or his surveyor or engineer.

( 3. ) The company shall not remove or displace any of the mains
or pipes, valves, syphons, plugs, tubes, wires or appara-
tus, or other works belonging to any such other compan~r
.persons or person, or do anything to impede the passage
of water or gas, or the telegraphic or other communica-
tion into, or through such mains or pipes valves, 'syphons,
plugs, tubes, wires or apparatus, without the consent of
such other company, persons or person, or in .any other

f.

manner ,than such other company, persons or person
sl1a11 approve, until good and- sufficient mains, pipes;
valves, syphons, plugs, tubes,- wires -or apparatus, and
other works necessary or proper for continuing. the supply
of water, or gas, or telegraphic . or, other communication,
as sufficiently .as. the same was supplied: 1>y the mains or .
pipes, c=alves, syphons, plugs; tubes; wires or apparatus
proposed to be removed or displaced, shall, at the expense
of-the-.. company,..hav a been first made.~and laid down in
lieu thereof and be ready for use., to the, reasonable satis-
faction-of, the, surveyor or erxgineer, of such other com-
pany,, persons: or- person or, in case of disagreement
between such surveyor or engineer and the company, in
or.DmTw-CE No. s oF18s03.

Tramways.

such manner as the Surveyor General, or other fit and
proper person specially appointed by the Governor in
Council, shall direct.

( 4. ) The company shall not lay down any such mains or pipes,
valves, syphons, plugs, tubes, wires or apparatus con-
trary to the regulations of any Ordinance relating to
- water, gas, or other companies, or to telegraphs.

( 5. ) The company shall make good all damage done by them
to property belonging to or controlled by any such other
company, persons or person, and shall make full compen-
sation to all parties for any loss or damage which they
may sustain by reason of any interference with such.
property or with the private service pipes of any person
supplied by any such other company or person with
water or gas.

(6.) 'If by any such operationsas aforesaid the company, interrupt
the supply of water or gas in or through any main
pipe, for a period exceeding twelve consecutive hours,
they shall be liable to 'a penalty not 4!,xceeding one
Hundred dollars for every day upon which such supply
shall be so iriterr'upted.

21. ''here any tramway, or any work connected therewith, interfere$ Foi-
Plotee-
tion of sewem,

with any sewer, dram, water-course, or sub-way, - or in any way affects
the sewerage or drainage of the said Colony of Hongkong, the company
shall not 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 thereto; nor until the Surveyor General shall have
sinnified his 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 particulars as aforesaid; and the company shall comply,
with. the directions: of the Surveyor General in the execution of the said
works, anal shall provide by new, altered, or substituted works, in such
manner.ns the Surveyor General shall - require, for the proper protection
of, and for preventing injury or impediment to the sewers and works
lereinhefare referred to by or by reason of the tramways, and shall save
ORDINANCE 1'0. 6 OF 188

Tramways.

harmless 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
naiv, altered or substituted work shall be completed by, or at the cost or
expense of the company under this Ordinance, the same shall thereafter
be as completely under the control of the Surveyor General, and be

maintained by him,. as any other sewers or works'. '~

''Rights of 22. Nothing 'in this Ordinance shall take away or abridge any
power
companies.,
ate: to open to open or break up any road along or across which,any
tramway is laid,
or any other power now or hereafter to be vested in any other company,
or persons, or person 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
say):---

(1.) They shall cause as little detriment or inconvenience to-
'the company as circumstances admit.
(2.) :Before they commence any work whereby the traffic ori,
the tramway will be interrupted, they shall (excepth'
cases of urgency, in which case notice of the commence
merit of such work shall be given to the company within: 'v:
twenty-four hours after such commencement) give to- .
the company and. the Surveyor General notice of their
intention to commence such work, specifying the tune
at which they will begin ;to do so; such notice to be~
given twenty-four hours at least before -the comrnericevn-fent of the
work.
( 3. ) They shall mot be liable to pay to . the company any, -com-_
pensation for loss of traffic occasioned thereby, or for
the reasonable exercise of the powers so vested in. them
as aforesaid.
(4.) Whenever, for' the purpose of enabling them or hi.m to
execute such work, such other company or persons,, or
person shall so require, the company 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 own
ORDINANCE No. G aF 1883.

Tramways.

risk and cost during the execution of the work there.
Provided that such work shah. always be completed by
such other company or persons or person with all reason-
able 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 superintendence o£ the com-
pany, unless the company do not give such superintend-
ence at the time specified in the notice for the commen-
cement of tine work, or permanently discontinue the same
during the progress of the work, and they or he shall
execute such work at their or his oven expense and to
the reasonable satisfaction of the company.
23, If any difference arises between the company on the one hand,
and any other company or person (other than the Surveyor General) to
whom any sewer, dram, tube, wires or apparatus for teleptaphic or otlaer
purposes may belong an the other hand, with respect to any interference
or control exercised, or claimed to be exercised by such ocher, company,
or such person, or on their, or his behalf, or by the company, by virtue
~of this Ordinance, in relation. to any tramway or work; pr in. relation
to
any work or proceeding of such other company, or such person, or with
respect to the propriety of, or the, mode o£ execution o£ 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 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 othercwise
specially
provided for by this Ordinance) be settled by the-Governor in Council,
on the application. of either party, and the Governor in Council may
direct that, any, expenses thereby incurred shall be paid by either o£ the
parties. .

24~ If, any difference arises between the company on the one
hand, Differences
and he Surveyor General on the other hand, with respect to between
any inter- company and

ference or control exercised, o r claimed to be exercised by the company,
or the Sur:veyor General, by virtue of this Ordinance in relation to an y
tramway ar,wQrk,~or, in -relation. to any work or proceeding of the Sur.'
veyor General, or with, respect to the propriety of, or the node of
execu.-

Aiftarence
between
company and
others (other
than the
suxvcyox

surveyor
General.
to be opened
until rertificc(.

aesser of
powers i u
certain events.

RJR-DII~t':A NC.E No. - s of 1883.

Tramways.

tion of any cork' rel:atingto any tramway, or with respect to the cost of
the maintenance 'or 'repair of any road along or across which any tramway
passes; 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 to satisfy the Surveyor General, or ,with respect to any other sub-
ject, or thing rebulated~by or ,cow, prised in this Ordinance, the matter
in~`
difference shall (unless=otherwise specially-provided for-by this
Ordinance)
be- settled-by `the Governor in Council on r the application of either
party.

25, None of the said tramways v shall 'be opened fur public traffic-
.until the same has been, certified to befit for such traffic by the
Surveyor
General or other officer duly appointed in writing for that purpose by
the-
Governor in Council; and `the Governor in Council has; by notification in
the -Gazette, authorized the sane to be opened for such traffic.

Cesser of powers in 'certain events.

26. If the company do not,- within three years after the tirn6-at
which they might; under this Ordinance, have commenced the construc-
tion of any one or more of the tramways hereby authorized, and complete,
and ,open the same for public ~trafiic, or

If within 'one year, after: the time aforesaid,. the construO ion of-*
any -one 'or more 'of such tramways, is not; in the ~opTn-ioii
of the Governor in Louncil, substantially commenced, or

If the construction of any one or more of such tramways that',
has or have been commenced, is suspended without a
reason ~ sufficient, in the opinion of the Governor in Council;

to VarrW t such suspension,

the powers hereby liven to- the company for constructing such tramways,
so not completed or commenced, or so ,suspended as aforesaid, , or other--
wise in reI' Lion thereto, shall cease to be exercised,' unless the time'
'be-
prolonged by the Governor in Council' and, as to so much of each or any
of such tramways as is then completed, the Governor in Council may
allow the said powers to continue- and to be exercised if he shall think
fit,-
but- failing such permission the -same shall cease to 'be exercised, and
where such permission is withheld then so much of the said .tramways-
respectively as is then completed shall be deemed to .be a tramway ta-
w':rich all the provisions of this Ordinance relating to the
discontinuance-
of tramways after proof of such discontinuance shell apply, and may be
ORDINANCE No. G OY 1883.

Zrarngoays.

dealt with accordingly. A notice publishes by the Governor in Council
in the Gazette c.Ieclarina that .a vtrzmway has not been completed and
opened for public traffic, or that the construction of the tramways, or
any
or either of them, has not been substantially commenced within the time
aforesaid; or that such construction has been suspended without sufficient
reason, small be conclusive evidence for the purposes of this section of
such
non-completion, non-commencement, or suspension.

Licences to use tramways:

27. If, at any time after any tramway, or part (?f imy tramway, shall
have .been for three years opened for public; traffic, it shall be
represented
in writing to the Governor in Council by =twenty inhabitant rate-payers
of the Colony of Hongkong that the public are deprived of the full benefit
of any tramway, or part thereof, the Governor in Council Pay (if he
considers that prima facie the case is one for enquiry) enquire into the
matter, and, if satisfied of the truth of the representation, may from
tune
to time Grant licences to arty company or person'to use such tramway in
addition to the company for such traffic as is authorized by this
Ordinance,
with carriages to be approved o£ by,the Governor in Council, subject to
the following provisions, conditions, anal restrictions, that ~ to say:-

(L) r
The licence shall be far any period not less than one year,
nor -more than three years from the date of the ~Iicen ce,
but shall be renewable by the Governor in Council, if he,
upon enquiry thinks fit.

( 2.) The licence shall be to use the whole of such ,trarrrways
for the time being opened for public txaffrc, or such paxt
or parts of such tramways, as the Governor in Council,
having reference to the cause for granting the license,
shall think right.

(3. ) The licence shall direct the number of carriages which the
licensee or licensees shall run upon such tramway, and
the mode in which, and times at which such carriam;es
shall be run.

(4. ) The licence shall specify the tolls to be paid to.the company,
or to their lessees, by the licensee or licensees, for the
use of the tramways.

Licences to

thild Parties
to use
tminwa,y.
ORDINANCE No. s of 1883.

Tramways.

Penalty if
aletault made
by licensee in.
paymenf of
tolls.

(5. ) The licensee or licensees, and their officers or servants shall
permit one person duly authorized for that purpose by
the company or by their lessees, to ride free of charge in
or upon each carriage of the licensee or licenses run
upon the tramways for the whole or any part of t-he
journey.

( F. ) The Governor in Council may, at any time after 'the
granting of any 1 icence, revoke; alter or modify the
same for hood cause shown to him.

2$. Jf on demand any licensee fail to pay the tolls due in respect
of any passengers carried in any carriage, it shall be lawful for the
company, or. their lessees, to whom. the same are payable, to detain and
sell such carriage, or, if the same shall have been removed from the
tramway, or premises of the company or such lessees, to detain and sell
any other carriages on such tramway or premises belonging to such
licensee, and oat of the monies arising front such safe to retain the
tolls
payable as aforesaid, and all changes and expenses of such detention and
sale, rendering the over°plEas (if any) of such monies, and such of the
carriages as shall remain unsold, to the person entitled thereto. R

Licensee- eo fig. Every licensee shall, on demand, give to an officer or
servant,
give account
.«f passengers. authorized in that behalf by the company or their
lessees, entitled to~ be

paid tolls by such licensee, an enact account in writing, signed by such
licensee, of the number of passengers conveyed by any and every carriage
used by him on the tralnways.

Penalty fnr 30. -If such licensee fails to give such account to such
officer or
not account: ^ ''
servant demanding the same as aforesaid, or if any such licensee with
intent to avoid the payinent of any tolls gives a false account, he shall,
. for every such offence, forfeit to the company, -or to their lessees
entitled
to be paid tolls by such licensee, a sum not exceeding fifty dollars, and
such penalty shall be in addition to any tolls payable in respect of the
passengers carried by any such carriage.

Dispittc~ is to 31: If any dispute arise concerning the amount of the
tolls due to
tolls to be
.settled by the company or to their lessees from any licensee, or
CO)L1C(:I'nlna the
1Giagistratc. .
charges occasioned by any detention or sale of any carriage under. the
provisions herein contained, the same shall be settled by summary
procedure before a 1-Za;istrate in the manner hereinafter. provided for
the
ORDINANCE No. G :qv 1883.

? ramways.

recovery of unpaid tolls, penalties, and forfeitures, and it shall be,
lawful
for the company or their lessees in the meanwhile to detain the carriage
or (if the case so require) the proceeds of the sale thereof. .

32. Every licensee shall be answerable for any trespaAs or damage Licensee

liable for
clone by his carriages, or horses, or by any of the servants or
persons aawWe.
employed by him to or upon the tramway, or to or upon the property of
any other person; and, without prejudice to the right of action against
the
licensee, or any other person, every such servant, or other person, may
lawfully be convicted of such trespass or damage before a Magistrate, and
upon such conviction every such licensee shall pay to the con zpany,
lessees,
or persons injured, as the case rnay be, the damame, to be ascertained by.
such Magistrate, so that the same do not ezceed two hundred dollars and
fifty dollars.

Discontanuance of tramways.

33. If, at any time after the opening, of any tramway for traffic, the
company discontinue the working of such tramway ox~ of any part
thereof for the space of six. months (such discontinuance nor, being
`occasioned by circumstances beyond the control of the comp'my, for which
purpose the want of sufficient funds shall not be considered a circuai-
stance beyond their control) and such discontinuance is 'proved to the
satisfaction of the Governor in Council, the Governor in Council mayby
order declare that the powers of the company in respect of such tramway,
or the part thereof so discontinued, shall, from the date of such order,
be
at an end, and thereupon the said powers of the company shall cease arid
determine, unless the same are purchased by the Government in manner
by this Ordinance provided. Where any such order leas beef. made, the
Surveyor General may, at any time after the expiration of two months
from the date of such order, under the authority of a certificate to that
effect by the Governor in ,Council, remove the tramway, or part of the
tramway so discontinued, and the company shall pay to the' Surveyor
General the cost of such removal, and of the making good of 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 montts after delivery to them -of
such certificate.or a true copy thereof, the Surveyor General may, without
any previous notice to the company (but without prejudice to any other
remedy which he may have for the recovery, of the amount) sell and

hiscat a ti i ttt-
tLnce of
tatLxn.wttya lay
the c:0113 psLal%
ORDINANCE, 1\'.©. G oiF 1883
,

Proceedings
-in case of
insolvency of
<;ompan;y.

Tramways.

dispose ~ of the materials of the tramway, or part of the tramway removed,
either by public auction or private sale, and for such sum or sums and to
such person or persons as he may think fit, and may out of the proceeds
of such sale reimburse himself the amount of the cost certified as
aforesaid,
and of the cost of sale, and the balance, if any, of the proceeds of sale
shall be paid to the company.

Insolvency of company.

34. If any time after the opening of any tramway for traffic, it appears
to the Governor in Council that the company are insolvent, so that they
are unable to maintain such tramway, or work the same with advantage
to the public, the Governor in Council may enquire into the financial
affairs of the company, and if the Gc>verf~or in Council shall be of
opinion
that the company are so insolvent aforesaid, he may by order declare that
the powers of the company shall, at the expiration of six months from
the making of the order, be at an end, and the powers of the company
shall cease an'~d determine at the expiration of, the said period unless
the
same are purchased,' by the Government in manner by this Ordinance
provided, and thereupon the Surveyor General may remove the tramway
in like manner, and subject to the same provisions as to the payment of
the costs of such removal, and to the same remedy for recovery of such
costs in every respect as in cases of removal under the next preceding
section.

Purchase of to°anzwazs,

3'uxvhas(: by T 36: The Governor in Council may, within six months after
~ the
Government
4 tr~mwa3.>. expiration of a period of twenty-one years from-the. time
when.the company
were empowered to ~comstruct the said tramways, and within six moths
after the expiration of every subsequent period of seven years; or within.
three months after any order made by the Governor in Council under
either of the two next preceding sections, by notice in writing require
the
company- to sell, and thereupon the company shall sell-to the Government

their undertaking, upon terms of paying the then value (exclusive of any
allowance for past or future profits of the undertaking; or any, compensa-
tion for compulsory sale' or other consideration ,whatsoever) of the
tramways, and all lands, buildings, works, materials and plant of the
company suitable to and used by them for the purposes of their under-
taking, such value to be, in. case of difference, determined upon petition
ORDINANCE No. 6 0p 1883.

Tramways.,

to the Court in a summary way, and; when any such sale has been made,
all the rights, powers and authorities of the company in respect of the
undertaking sold, or, where any order has been made by the Governor
in Council under either of the next preceding sections, all the rights,
powers and authorities of the company previous to the making of such
-order in respect of the undertaking sold, shall, be transferred' to,
vested
in, and may be exercised by the Government.

Motive Power.

36. The carriages used on the said tramways Nos. 1,, 3, 4 and
nay 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 frono tune 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 on the tramways
Nos. 1, 2, 3, 4 and 5. Provided also that before the company, or any
person, use steam, or any mechanical power, 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.

37, '),he carriages used on the tramway No. G may be moved by
e
means of locomotive or stationary engines and steel-wire ropes, or by
such other mechanical power as the Governor in Council shall approve of.

3$. Every carriage used on any of the said tramways shall be so
Construction
constructed as to provide for the safety of passengers, and for their
safe °f carriages.
entrance to, and exit from, and accommodation in such carriage, and their
protection from the machinery used for drawing or propelling such
carriage.

;: The. Surveyor General, or any officer or officers appointed for
that purpose by the Governor in Council in writing, may, from time to
time:inspect any engine or carriage used on any of the tramways, and-
I the machinery therein, and also any rope or other machinery of the said
tramways, and report thereon, and the Governor in Council may by order

Carriages Of

tl'f6TnWi2y5

Nos. 1,'2, 3, 4
aud ,> may be
moved by
ani nm.l, stem, .
or nie<;hau.icvl
hover.

Motive power
of tramway
No. 6.

Powers to
authorities to
inspect
engines, &c.
Penalty for

using, steam

ormMecllanical
power COD-
trary to ordi-
nance or
rq')'ulltious.

RU16 of the

Bye-laws.

OPDIN.AlfCh: No. 6 of 1883.

Tramways.

prohibit the use on the tramways, or any of them, of any such engine,
carriage, robe, or machinery which may be determined to be unsafe or
unfit.
for use.

40. The company or any, person using steam or any mechanical
power on any of the tramways contrary to the provisions of this Ordinance,
or (where the same are applicable) to any of the rebulations set forth in
schedule A. hereto, or to any regulation added thereto or substituted
therefor as aforesaid, shall for every such offence, be subject to a
penalty
mot 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 daring which such offence contirmes. Provided that whether any
~s11C11 penalty has been recovered or not, the Governor in Council, in
case
it shall be determined that the company or any persons using steam or
any mechanical power on the tramways under the authority of this Ordi-
nance, have made default in complying with the provisions of this Ordi-
nance; 01 ( where the same are applicable), with any of the regulations
-set
forth in schedule A. hereto, or with any regulation which may have bees
added thereto or 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 the (3overnor in Council; and in every such case the Governor
in Council shall make a special report to Her ?Majesty's Principal Secre-
tary of State for the Colonies notifying the making of such order.

41. Where a double line of rails is laid every engine and carriage
travelling im one direction over one of such double lines shall pass every
engine and carriage travelling in the opposite direction over the other of
such double lines on its right side, except that, where necessary, any
~ennine or carriage may from time to time pass and repass from one line
to the other.

..dye-laws.

42, Subject to this Ordinance, the Governor in Council may from
time to time make; and when made may rescind, annul, or add to regula!
dons with regard to any of the trarnvcays for regulating the corking an
control of the tramway s as well as for any of the following purposes,
that
is to say:-
e
ORDINANCE No. 6 of 1583.

lrant-Ways.

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 play deem proper for securing
safety.
For regulating the entrance to, exit from, and accommodation
ill the carriages, and the protection of passengers from the;
machinery of any engine used for drav-inb or propelling
w
such carriages.
For regulating the rate of speed of the enblneS and carriages.
Provided that the speed as regards tramways Nos. 1, 2, 3 and
4, shalI not (unless another rate he authorized by the Gov-
ernoi; in Council under the authority of this section) exceed
the rate of S nifes an hour, an* cl, as ro,,-ards tnaInways Nos. 5,
and 6, shall not exceed the rate often miles an hour, and that
n o engines or carriages may bass through moveable facing
points at a p ace exceeding , the rate of four miles an hour.
Provided also that, as regards trnn sway s Nos. 1, 2, 3
t and 4, the Governor in. Council.may, if lie shall tldrah- fat
so to do, authorize the maxi mum rate of speed to be
increased to a rate not exceeding the rate of 10 miles an
hour. . '
For the stopping o£ carriages using the tramways.
For providing for the due publicity of all regulati(ons aild.I bye-
laws for the time being relat.in(r to' the tramways, by
exhibition thereof in conspicuous places.
For providing for the safety of the public iii all cases in which
it shall appear to the Governor in Council that such safety
i ~or is likely to be, endaD gered or imperilled.
s)
`

Subjg: to this Ordinance, the company Vlay from tune to time make

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

For rebulatinn the travelling in or upon any carriage belonging
to them.
ORDI= ~ANCE ^ No. 6 of 183.

Tramways.

And from time to tune repeal or alter such bye-laws and make new
bye-laws; and notice of the making of any regulations by the Governor
in Council, or bye-laws by the company shall b2 published once in twa
consecutive weeks in the Gazette, within one month after the making
thereof: A true copy of every ~ bye-law shall, one month at lease before
the same shall come into operation, be sent to he Governor by the
company.

Penalty may 43. Any such regulation or bye-law may impose penalties fun
be i Tn posed i u
regulations, offences against the same not exceeding ten dollars for each
offence, with
or bye-lays.

or without penalties for continuing .offences, not exceeding for any

continuing offence five dollars for every day. during which the offence
continues ; ~ but all bye-laws shall be so framed as to allow in every
case
part only of the maximum penalty being ordered to be paid.

Company
may tTx9e
flange.
wheeled
carriages..

Carriages and engines.

44. The 'company may use on their tramways carriages with fiange-
wleels, 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. l,` 2, 3, 4 and 5 shall exceed six. feet four inches ift
width.

Power to sell.

Power to den. 45. Subject to the approval of the Governor in Council
being first
obtained (~u* not otherwise) the company may, at any time and froui Y
time to time, sell, assign, or absolutely dispose of .their undertaking,
or
any part, or parts thereof; to such person or' persons, corporation or
company, by public auction or private contract, or partly by public
auction
and partly by private contract, and with, under and subject to such terms
and conditions in all respects as the company shall think fit, kith power
at piny such sale to fix a reserve price for, or buy in the same, an *hen
any such sale, assignment or' absolute disposal has been made all: the,
rights, powers, authorities, obligations, -and liabilities of the company
in
respect to the undertaking, or part or parts thereof sold, assigned, or-
absolutely absolutely disposed of, shall be transferred to, vested in, and
may be
exercised by, and shall attach to the person or persons, corporation or
ORDINANCE - N o. f op 1883.

Tramways.

company to whom the same has been sold, assigned, or absolutely disposed
of, in like manner as if the undertaking, or part or parts thereof sold,
assigned, or absolutely disposed of, was or were constructed by such
person or persons, corporation, or company, under the powers conferred
upon him or them by this Ordinance, and in reference; to the same he or
they shall be deemed to be the company.

Pourer to lease.

46. Subject to the approval of the Governor in Council being first ro,°,
to.
obtained (but not otherwise) the company may, at any tine arid, from
lease'
time to time, demise their undertalting, or any part or parts thereof, to
such person or persons, corporation or company, for such term or ,terms
of years, or from year to year, or for any less period, and for such rent
or
rent, arid upon such terins and conditions inall respects; as the company
shall think fit to adopt, to take effect either in possession or at some
future
date, and either with or without a premium or premiums as tk consideration
or considerations for such demise or demises. ,

Power to rnartyaqe.

a 47. It shall be lawful for the company from time to time or at any
po*#rto
tune to borrow money on mortgage of all or Any part of their undertaking,
'`°'g'-

and- for that purpose to assign or demise 1>y way of mortgage all or any,
portion of their lands, messuages or tenements, erections, buildings;
works, rolling stock, plant, machinery, chattels and effects, to any
person
,or persons, corporation or company, and to enter into all such covenabts,
provisos, declarations and agreements as the company shall th4ik fit or

proper.

Bights of (7overnment.

48. The Governor in Council may, at any tine or times and at all Rights
of. times, by order direct that precedence over the company and all other
Government ..

..per' in the user of the tramways hereby~authorized, or any or either,

of the~ be taken for defensive or military purposes, or for the passage
of troops .and war material, on giving to the company, on each occasion
of `such user, three clear days notice. -

4$, The. Governor in Council 4hall~direct the payment to the com-
G°yer.nmenr
puny for such user as aforesaid of such tolls- as shall be agreed on, or;
if t° paytolis'
ORDINANCE- No. 6 of 1 883.

Tramways.

no agreement shaill be come to, then the amount of such tolls to be paid
shall be determined upon petition to the Court is a summary way.

7rafflc vpon trarnu;ag,s.

50. The tramways may be used for the purpose of conveying

'Traffic upon

tramways.

passengers, animals, roods, merchaudize, minerals, and parcels.

Company not 51. Save and except passengers' luggage not exceeding
bound to carry sixteen
pounds in weight, or one cubic foot in measurement, the company shall
not be bound to carry, unless they think fit, any animals, goods, rner-
chandize, minerals or parcels.

Tolls.

Title. 52, The comp,.rny may demand and take for passengers the tolls or
charges specified in schedule B. hereto, including tolls for the use of
the
trarrrways and ~of carriages, and for motive power, grad every, oilier
expense incidental to the conveyance of passengers. A list, printed in the
English and Chinese lanaLl~o'eS, of all the tolls and charges ,authorised
to
be taken shall be exhibited in a conspicuous place -it the offices' of the
compa,iiy, and inside and outside each of the care iages used upon the
tan-iways. Provided that if there be any Va.l'1at1011 between the English
and Chinese prints of the said list, the L1lallsh print thereof shall
prevail.

b*a11Ge 53. Every fare paid by every lr;rSSenaer for travelling upon the

e ti
vered by

~t~. tram ways 1 os. 1, 2, 3 and 4, or any of then:, or any pa r t
thereof; shall

entitle such pas..en(rer to travel an~T distance on a.l 1 or any of the
said last

mentioned tramways, once, on the dory on which such passenger shall so
travel, in the samer direction continuously, and without Ie~,vin ; the
car-
riages, but for no fu,:rtller distance, or on ar~y ramway other than the
tramways 1\'os. I, 2, 3 and 4, or more thin once, or on any other day, or
in any other direction, or to leave and re-enter the carriages; and every
fare paid by. every passen;er for travelling upon the tramway No. 5, or
any part thereof, shall entitle such passenger to travel any distance on
the said last rnentioned.tramMay, once, on the day on which such pas-
senger shall so travel, in tire same direction continuously, and ~rithout
leav iry the c,vrriao'es, bat for no further distance, or on an y tramway
other than the tramway No. 5, or nione than once, or on any other day,
or in ar.y other direction, or- to leave arid re-enter the carriages ; and
every fare paid by every passenger for travelling upon the tramway ~~o.
ORDINANCE .No. 6 O, 1 8 8i..

Tramways.

G, or any part thereof, shall entitle such passenger to travel any
distance
on the said last mentioned tranimry, ,once, on the day on which such
passell(,*er shall so travel, in the stone direction continuously, and.
without
leavin - 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 ;~r~- other direction, or to leave and re-enter the care iages.

54. If the carriao'e> shall, durinany journey, contain their author-
izer) complement of passengers, the company shall not be hound to find
accotarnodation for any other passenger, hotwithstandin~ that silch Other
'passenger )nay have purchased a ticket, or tickets, entitling him to
travel
upon the tratnway-s, or any of thein. T

55. N o passenger rnay take on any of tile tramways his personal
1'a,,;ssengez1s'

luIggage.

T£ carrikkges
full , COlxlp any
not bound to
carry,

luggage other than small hand baskets bays, or parcels, any one of which
shall not.eaceerl sixteen pounds in weight, or one cubic foot in n7easu-
rement. All such personal. luggage shall be carried lay hand, and at tltc
responsibility o4the passenger, and shall not occupy any part of v seat,
nor
tae of a form or description to annoy or inconvenience other passengers.

566. The company' may demand and take, in respect of any animals,'
mood;, rnerchandize, triinerals or parcels conveyed by them on the tram-
ways, exceat as is by this Ordinance specially provided, 7includina the
tolls and cl'iar;;c.s for the use of the tramways, and for waa~U11S of
trucks,
and fear rnotive power, and every other expense incidental to such convey-
ance, any tolls or charges not exceeding the tolls and charges specified
in
schedule C. hereto, subject to the regulations therein contained.

S'7, The said ¢tolls and shares shall be paid. to such persons, and at
Payment of'
such places ~ and ,in such manner, as the company may, .by notice annexed
t°lls.

to the list of tolls, appoint.

Abandonment Of undertah-t*V_

58. If the company abandon their unlertakin~, or any fart or parts
on abandon,
r 1 IlleI1tJ road ~0
thereof, and take up the tramways Nos. 1, Z, J, 4 and J, or any, or
either be reizastatecl._
of them, they shall, with all convenient speed, and in all cases within

eight weeks at the most unless the Surveyor Gen'eral otherwise consents
111 wr'111C1a ), fill in the ;round and make hood the surface, and, to the
satisfaction of the Surveyor General, restore the portion of the road upon
which such last-rnetttioned tramways, or such of them as shall be
abandoned, were laid to as hood a condition as that in which it was before

Tolls; t°r

animals;,
goods, &C.,
or nINA:~-ch: No. 6 of 1ssJ.

Tramways.

such tramways were laid 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 or broken up to
be fenced and vwitch'ed 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 clays' 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 doinn shall be re-paid to him by the company.

0fences.

` 59. If any person wilfully obstructs any person acting under the
authority of the company in the lawfcxl exercise of any- of the powers
hereby
conferred, or defaces or destroys any mark made for the purpose of settify
out the line of any tramway, or damages or destroys any property of the
company, he 'shall for every such offence be 'liable to a~enalty not ex -
seeding twenty-five dollars.

60. If,any 1)ezwon without lawful excuse (the proof whereof shall lie
on him) wilfully sloes any of the following things, namely:-
Interferes with, removes, or alters, any hart of a tramway, or of; the
works connected therewith ; .
Places, or throws any stones, dirt, wood, refuse; or other materials
on any part of a tramway;
Does, or causes to be done anything -in such manner as to obstruct
,any carriage using a tramway, or to endanger the lives of persons
therein, or thereon ;

Or knowingly aids or assists in the doing of any of such thiMIS;
he-shall for every such offence be liable (in addition to any proceedings
b~, way of indictment, or otherwa.se,. to which he.rna,y ~be subject) to a
penalty :not exceeding twenty-five dollars.

61: if any person ~trawlling, or having travelled in any carriage
avoids, 'or -attempts to avoid payment of his fare, or if any person-
having
paid 11i~ ~fare for a certain distance, knowingly and wilfully ~roceetds
in
any such cariiaI cre~beyond such distance, and does not pay the additional
fare for the additional distance, or attempts to avoid payment thereof, or
if any person kno-win~gly and wilfully rfuses or neglects, on arriving at
OR ICI 1\' A \ C.E 1\ o. h oT 1883.

Tramway fs.

-the point to which he has paid his fare, to quit such carriage, every
such
person shall, for every such offence, be liable, to a penalty not
exceeding
ten dollars.
62. .It shall be lawful for any officer or servant of the company, and
Transient
all persons called by him to his assistance, to seize and detain any
person offenders.
discovered either it), or immediately after committinu, or attempting, to
~cornmit any such offence as in the next preceding section is mentioned,
-and whose name or residence is unknown to such ofcer or servant, until
such person can be conveniently taken to a Police Station for safe custody
-and detained until he be discharged by due course of law.

63. \'o person shall be entitled to carry, or to require to be carried
on any trap lway any goods which may be of a dangerous nature. and if
any person send by an3r tramway any such goods, without distinctly
marking their nature nn the outside of the package containino' the same,
~or otherwise (rivin; notice in writinn to the boot:-keeper or other
servant
with whom tire same are left, at the time of such sending-, lie shall be
liable to a penalty not exceeding onehundred dollars for every such
offence,
iind it shall be lawful for the company to refuse to tale any parcel that
-they may suspect to contain goods of a dangerous nature, or require the
same to be opened to ascertain the fact.

64. If any person (except under the authority of tahis Ordinance), realty
foruaing
uses any of the said tramways with carriages having, flange-wheels, or
t.ramways
with $ange3-
other wheels suitable only to run on the rail of such tramway, such
person. Wheeled
:s_hall for every such offeirce be liable to a penalty not exceeding one
hundred. cIR''riageg.
dollars.
r _

Purchase of lands by oyreement. .,

651. Subject to the provisions of this Ordinance; it shall be lawful
ro,er 0
purchase
for the company to acrree with the owners of any lands which shall be
lands by
required for the purposes of this Ordinance, and with all parties having
agreement.
any estate or interest in such lands, or by this Ordinance enabled to sell
.and assign the sarne, for the absolute purchase for a consideration in
money of any such lands, or such parts thereof as they shall think proper,
A
And of all estates and interests in such lands of what kind soever.
66: It shall be lawful for all !parties, being seized, possessed of, or
Parties urider
-
entitled to any such lands, or any estate or interest therein, to sell
and-, disability
enabled to

sell and
:assi;n.or release the same to the company, and to enter into all
neeecsary assign.
:;(;-reements for that purpose, and particularly it shall be lawful for
all or,

Penalty far

bringing
dangerous

goods an
tram.wavs.
other po-wers: ,,~-

C),'%DI~W.NCE 1'0.6 of 1883.

Z rtvniways.

any of the folloccing parties, so seized, possessed, or entitled as
aforesaid
so to sell, assign or release ( that is to say) all corporations, tenants
in tail,
or for life, mar rigid women seized in their own right, 0*unr(aians,
committees.
of lrlnatic~ and idiots trustees in trust for charit:cble or other
purposes,.
executurs and administrators, and tall parties for the time being
entitled to,
the receipt of the rents and profits of any such lands 111 possession, or-
subjEc.t to any lease for life, or for lives 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, other than lessees for life,
or for
I i ves and years, or for years, or for any less interest, not only on
behalf of'
tlrerriselves and their respective heirs, executors, administrators and
suc-
cessors, but also for and on behalf of every person entitled in reversion,
remainder, or expectancy after thorn, or in defeasance of the estates of
such
parties, and, as to such married Women, whether they be of full age or,-
not, as if they were sole and of full age, and as to such grrarclians on
be-
h:llf of their `vcirds, and as t0 such committees on b2hrrlf of the
lunatics.
and idiots of wllorrl they are the committees respectively, and that to
tile
same extent as such AV1veS, waids, 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,-
ewecutors and adrniyistmtors, on, behalf of their ctstuique trusts,
whether
infants, issue unborn, 1Llnrltrc's, fumes covert, or other pcersolls,
duel that to-
the same extent as such cestuiqzce tnuM respectively could have exercised.
the salve powers under the authority of this Ordinance if they had
respect-
ively been order no disability.

rartiesiiz:d6x- 6'~, Tale power to release lands from any rent-charge or
incurl.ibrance~
disability

ro exercise ~ grad to agree for the apportionment of any such
rent-cllarae or incnmbrance

sihalj, extend to, and may lawfully be exercised by every party herein--
before enabled to sell and assign or release lands to~tlle company.

C,ompeosation 6$, The purchase money or c;ompt'Llsation to be 1)ajd for
any lands-
where, parties
are under to be purchased or taken from any party under arty disability or
incapa---

<lisabiliti-.

city and not having pow, er to yell or assign such lands except under fly
provisions 'Of this Urdinaiice, and tile compensation (,if ally) to be
paid.
for any perrri=lnent dan-labe or injury to any such lands, where such
party
has agreed to the amount to be paid, shall not be less than shall be-
approved by the Court or a Judae, upon the petition to the Court in a.
smnrnary iWyT of any of ale parties interested, arid all purchase money-
ORDINANCE No. 6 6F 1883.

TrartzxnaJs,

-and compensation recovered under or by virtue of this section shall be
paid into Court for the benefit of the parties interested.

1'icrr7ia.~e of lands otlzeowi,~-e than b?/ ajrcement.

68. Before it shall be lawful for the company to put in force guy <>f
the bowers of this-. Ordinance in ,relation to tile compulsory takincy of
land
for the purposes of the undertaking, or open or break up any road, the
coajpany shall satisfy, the Governor in Council that one third part at
least
of the capital or estimated sum. for defraying the e~j)enses of the
undcar-
taking shall have been subscribed, 'Under contract binding the parties
thereto, their heirs, executors and administrators, for the payment of
tile
several sums by them respectively subscribed, rend a certificate of the
,Governor, published is the Gazette, shall be conclusive evidence that
such
amount has keen duly subscribed.

70. When tile company shall require to par chase or take any of the
1anc3s more particularly mentioned. and set out in schedixle D, to this
E.)rdinance, they shall give notice thereof to alb the parties interested
in..
such lands, or to the 1. arties enabled by this Ordinance to sell and
assign.
-or release the same, or to such of the said parties as shall, after
dilinent
.-enquiry, be known to the company, and by such notice slafill
denmnd'froan ,
such parties the particulars of their estate and interest in such lands,
, and
of the claims made by .them in respect thereof; and every such notice
-shall state the particulars of the lands so required, end that the
company
-are willin; to treat for the purchase thereof, and as to the compensation
to be made to all parties for tfie damage that may be sustained by then

-by reason of the execution of the works.

71: Within twenty one days after the service of such notice (exclusive
-of the day of service) every party upon whom the same is served shall
give notice to the company stating the particulars of his claim in respect
-of any such land and the compensation which he is willing to accept for

the same. 11

fart. of capi-
tal to be: sub-
scribed before
eonzpu1soTy
powers exer-

exer-
cised.

Notice (if
intention to
tn1cG l;i.ndh..

Particulars of
claim to be
delivered.

72. IVithin twenty one clays after the service on the company of conpaily
tu

sllch last mentioned notice (exclusive of the day of service) the company
state what

shall in mritin; state to the party giving the same whether or not they
-Will. hay the compensation required by such party, and, if not, then ,
they
-shall state what compensation they ar a willing to pay to sucli p'arty ,
and
-within tv%enty one days after tile service on such party by the company

compensation

they will pay.
Special.

' : iudonemcat,.

ORDINANCE No: ~h~ of 1883.

Tramways.

of such intimation (exclusive of the day of service) such party shell dive
notice to the compar!yT~ whether or not he will accept the, compensation,
that the company are willing to pay.

tompexma- 73, It' the company or any such party as aforesaid fail to serve
the-
tion to be
determined said respective noticed aforesaid within the respective tunes
aforesaid, ox`
by suit,. if no aoreivment be carne to between, the company and the owners
of or
parties by this Ordinance enabled to sell, arid assign, or release, any
of'
the said lands mentioned in the said schedule D., and taken or required
for,
or injuriously affected by the execution of the undertaking, or any
interest,
in such lauds, as to the value of such lands, or of any interest therein,
or,
as to the compensation to u;; made in respect thereof, or for any damage-'

that may be sustained by reason of the execution of the works, the amount
of such value,' comhensation, or damage shall be determined by a suit to'
be instituted in the Court in its original jurisdiction.
Writ to issue. 74. hJverv such suit 'shall be commenced by a writ of
summons.
[*w3.j headed Compensation under t7ze Trumway'8 Ordinance 1 882,* and
shall be.
issued by the 1~Le~;istrar of the Court on the filing by the company of
ri.
praecipe for the same, or on the fili.nm by tile party claiming
compensation,.
if the company shall not, within fourteen days after service upon them
by such party of a notice requiring them so to do, file their proecipe
for-
such writ.

75, the plaintiff shall be at liberty to male upon the writ of
summons and cop34.theneof a special indorsement, which indorsernent may
be in the form shown in schedule R to this Ordinance, or as near. thereto,
as the circumstances of the case will admit of.

Application,' 76. After the,,appearance of the defendant to a yvrit
specially
,f or ref~re~ice:-.:-

endorsed, or in case of non-appearance, the company may, within seven
days after the time limited for appearance, apply by summons in chambers.
for a reference to the Registrar to ascertain the amount of such value,.
compensation, or damae as aforesaid, and thereupon the Judge may
make such order as he shall think fit. If the company do not make such
application within the time aforesaid, the other party may, within five
days after the expiration of such seven days, make such application.

77. Except as is herein otherwise provided, the practice to be-
followed in every such suit as aforesaid, and the proceedings therein,
shall
be the same a5 the practice and proceedings for the time being obtaining
. O RDI NAB CE No. 6 or 1883.

Tram-wap.

in suits in the Court in' its original jurisdiction, save that, if it
appears to
the Court, or a Judge, that no question is in issue between the parties
beyond the amount of compensation to be awarded, it shall not be
- necessarv to file any written pleadings, but the Court, or Judge, may
make such order on the confirmation of the Registrar's report as to it, or
him, may seem just, and the costs of the suit shall be in the discretion
of
the Court, unless the, same or a less sum than shall have been offered by
the company shall be directed to be paid by them, in which case each
party shall bear his own costs.

78. The purchase money or compensation to be paid for any of the
said lands mentioned in the said schedule D. and required to be purchased
or taken by the company from any party Who, -by reason of absence from
the Colony of Hongkong, is prevented from treating, or who cannot after
diligent enquiry be found, shall be determined upon petition to the Court
in a summary- Way, and the expenses thereof and incident thereto shall
be borne by the company. .

'l9. In estimating the purchase money or compensation to be paid
by the company in any of the cases aforesaid, regard may be had not only
to the value of the land to be, purchased or .taken by the company, but
alsoAo the damage if any to be sustained by the owner of the lands by
reason of the severing of the lands taken from other lands of such owner,
.or of such other lands being otherwise injuriously affected by-the
exercise
of the powers of this Ordinance, and to the fact that the lands taken are
5o taken from such owner compulsorily.
A
80. When the compensation payable in respect of any of the said-
lands mentioned in the said schedule D., or any interest therein, shall
have been- ascertained and paid into Court :under the provisions herein
contained? -by reason that the owner .of, For party entitled to assign
such
lands or such interest therein as aforesaid could not be found, or was
absent from the said Colony of Hongkong, if such owner or party shall
be dissatisfied with such' determination, it shall be lawful for him,
before
be shall have applied to the Court for payzrfent o>lt or investment of the
monies so p4id into Court, by notice in writing to the company to require
the question of such compensation to be determined by a suit to ,be
instituted in the Court in its. original jurisdiction in the same manner
as
is hereinbefore provided for in other cases of disputed compensation, and
thereupon the same shall be so determined-accordingly.

1 709'

costs.

How- compen-
sation to
absent parties
to be deter-
mined.

Damage for
severance,-&o.,
may be in-
cluded in com-,
pensation.

Where com-
pensation to
absent.party
has been: as-
certained, as
aforesaid: the
party: may
have the same
determined as
in other, cases
of disputed
compensa-
tion.
ORDINANCE -No. 6 of 1883.

Tranazvays.

(question to be $1. The question to be determined in the case last
aforesaid shall be,

determined.
whether the said sum so paid into Court as aforesaid by the company was
a sufficient sum, or whether any, and what further sum ought to be paid
into Court by them.'

T£ Further sum
determined

company to
pay same into
Court within
fourteen days.

Cost o£ the
enquiry.

Compensa-
tion where no
satisfaction
previously
made, hove to
be settled..

pizrelZase-

money pay
abze 'Go par-
ties under
disability,
exceeding
$1,000 to be
paid into
Court.

$2. If it shall be determined that a further stain ought to be paid.
into Court by the company, they shall fin pay, such further sum within
fourteen days after such determination or, in default thereof, the same
may be enforced by attachment, or. recovered, with costs, by action or
suit.

$3. If it shall be determined that the sum so paid into Court was
sufficient, the costs of and incident to such enquiry shall be in the dis-
cretion of the Court, but if it shall be determined that a further sum
ought
to be paid into Court by the company, all ,the costs of and incident to
the
enquiry shall be borne by the company.

84. If any party shall be entitled to any ,compensation in respect
of ony of the said lands, mentioned in the said schedule D., or of any
interest therein, which shall have peen 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, such compensai-
tion shall be determined; where no agreement has been come to between
such party and the company, by a suit to be instituted in the Court in its
original jurisdiction in the same manner as is hereinbefore provided for
mother cases of disputed compensation.

~4pplication of compensation.

n
$5, if the purchase-money or compensatiozi which shall be, payable .
in respect of any of the said lands, mentioned in the said schedule D.,
or.
of any interest therein, purchased or taken by the company from any
tenant for life or in tail, married yeoman seized in her own right,
guardian
committee of lunatic or idiot, trustee, executor or'adnlinistrator, or
person
having a partial or qualified interest only in such lands, and not
entitled
to sell or assign the sane except under the provisions of this Ordinance;
or the compensation to be paid for any permanent damage damage to any
such'
lands, exceed the sum of one thousand dollars, the same shall be paid into
Court, subject to the orders.of the Court, and such movies .. shall remain
in. Court until the same be applied to some one or more of the following
purposes, ( that is to say)
:--
ORDINANCE NO. 6 of 1883.

TramuraJ&,

In the discharge of any debt or 'incurnbrance affecting the
land Application of
movies paid
in respect of which such money shall have been paid, or in.
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, limited, and settled
upon the like uses, trusts, and purposes, and in the same
manner as the lands in respect of which such n ioney shall
have been paid stood settled ; or,

If such honey shall be paid in respect of any buildings taken
under the aRthor ity of this ,Ordinance, or inj tired by the
proximity of the works; in removing or re-placing such
buildinns, or substituting others in their stead, in such
manner as the Court shall direct; or,

In payment to any party becoming absolutely entitled to such
money. .
.

86. Such money inay be so applied as afol'esaid ul)on an order of
the-Court or a Judge, made on the petition of the party who would have
been entitled to the rents and profits of the lands in respect of which
stick
money shall have been deposited ; and until the money can be so applied
it may, upon the like order, be invested by the Registrar in or upon any
securities or investments authorized by the Court or a Judge, and the in-
terest, dividends, and annual proceeds thereof paid to the party who would
for the tine being have been entitled to the rents and profits .of the
lands.

87. If the purchase-money or compensation shall not exceed the
sum of one thousand dollars, and shall exceed the sure of owe hundred
dollars, the same shall either be paid into Court, and applied in the
manner
hereinbefore directed with respect to sums 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 respect whereof
the
same shall be payable, such nomination to be signified by writing under
the hand of the parties so entitled ; and in ca'se of the coverture,
infancy,
lunacy; or other, incapacity of the parties entitled to such movies, such
nomination may lawfully be made by their respective husbands, guardians,
committees,: or trustees ; bu t such last-mentioned application of the
monies
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

Order for
application
and invest-
ment mean-
while. .

Sums. from
$100 to $1000
to be paid
into Court, or,
to trustees.
Sums not
exceeding
$100 to be
paid to par-
ties.

Application
of compensa-
tion to parties
not absolutely
entitled.

Court to
direct ap.
plication of
money in
respect of life
interests, &c.
in lands.

Upon. pay-
ment being
made, the
owners of the
lands to
assign, or in
default the
lands to vest in
the, company

by eed, -

ORDINANCE No. 6' OF 1883.

Tramways.

produce arising therefrom; shall be by such trustees applied in the manner
bereinbefore directed with respect to money paid into Court, but it shall
not be necessary to obtain any order of the Court for that purpose.

$$, If such money shall not emceed the sum of one hundred dollars,
the same shall be paid to the parties entitled to the rents and profits of
the'lands in respect whereof the same shall be payable, for their own use
and benefit, or in case of the coverture, 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.

$9. All sums of money exceeding one hundred dollars which may
be payable by the company in respect of the taking, using, or interfering
with, any lands under a contract or agreement with any person who shall
not be entitled to dispose of such lands; or of the interest therein con-
tracted to be sold by him, absolutely for his own benefit, . shall be paid
r
into Court or to trustees,,in,manncr aforesaid,

90. Where any purchase-money or compensation paid into _ Court
under the provisions of this Ordinance shall have been so paid in respect
of any lease for, a life or lives or years, nor for a life or lives and
years, or
any interest-less than the whole interest granted 'by any Crown lease, it
shall be lawful f6r the Court or a Judge, upon petition to the Court in a
summary way of any party interested therein, to order that the same shall
be laid out, invested, accumulated, and laid in such manner as the Court
or such Judge may consider will give to 'the parties interested in such
money the same benefit therefrom as they might lawfully have had from
the interest in respect of which such money shall have been paid, or as
near thereto as may be.

91. Upon payment in manner hereinbefore provided, of the purchase-
money or compensation agreed or determined to be paid in respect of any
of the said lands mentioned in the, said schedule .D., and purchased or
taken by.the company under'the provisions oaf' this Ordinance; the owner
of such a lands, including in such term all parties by this ~ Ordinance
enabled to sell or assign,-lands, shall, when required so to do by the
company, duly assign such lands to the company; or as they shall direct;
and in default thereof, or if he fail to adduce a good title to -such lads
to. their satisfaction; .it shall. be: lawful for the company, if they.
think- fit;..
ORDI ~'AVTCE No. 6 oe 1s&3.

Twrvrtcczys.

to prepare a deed of conveyance, assignment, or assurance of such lands
to themselves, containing a description of the lands in respect of which
such default ~ sha.ll 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 payment made in respect thereof, and
declarin;r the fact of such default having been made, and to tender such
deed after the same ,shall have been stamped with tine stamp duty which
would have been payable upon an assignment to the company of the
lands described therein, to the Registrar for execution on behalf of the
owner and other (if any) the conveying, assigning, or assuring parties,
and thereupon the Registrar shall, upon an order of the Court to be
obtained upon petition in a summary way, execute the same, and all tile
.estate and interest in such lands of, or capable of being sold and
assigned
by the party between whom and the company such agreement shall have
been come to, or as between whom and the company such purchase-
vnoney or compensation shall have been determined as herein provided,
and shall have been paid a4 aforesaid, shall vest absolutely- in the com-
pany, and as against such parties, and all parties on behalf of whom they
are hereinbefore enabled to sell and assign, the company shall he entitled
to immediate possession of such lands.

92. If the owner of any of the said lands merxtioried in the said
.schedule D., and purchased or taken key the company, or of any interest
therein, on tender of the purchase-money or compensation which shall
have been determined in manner aforesaid to be payable in respect thereof,
refuse to accept the saxxie, 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 land, as directed
by the company, or if any such owner be absent from the said Colony
~of Hongkong, or cannot after diligent inquiry be found, or fail to appear
on the inquiry herein provided for, it shall be lawful for the company to
pay the purchase-money or compensatibn payable in respect of such
lands, or any interest therein, into Court subject to the control and
disposition of the Court.

i

93. Upon any such payment into Court as last aforesaid being made,
it shall he lawful for the company, if they thinly fit, to prepare a deed
of
conveyance, assignment,. or assurance of the last mentioned lands to them-
selves, containing a description of the lands in respect whereof such pay-
ment shall_ha a been made; and declaring the circumstances under -which

17 13'

Where jxatie.g
refuse 'to
assign or dca
not,show title,
or cannot be
found, the
purchase-
xnone3 to to
paid into
Court.

Upon PLY.
went into
Court being
made, the
' lands to vest
upon a deed
being ex-
ecuted.
Appxj~a~atcon.
of so
raxa into

Court

Costs in. Casey
o~=Innney Paid
°z~toCourt.

ORDINA,NChJ No. 6or 1883.

Tramways.

. such payment shall have been made, and to tender such deed, after the
same shall have been, stamped with the stamp duty which would have
been payable upon an assignment to the company of the lands described
therein, to the Rebistrar for execution on behalf of the owner and other
(if any) the conveying, assignin~, or assuring parties; and thereupon the
Registrar shall, upon an order of the Court to be obtained upon petition
in a summ.my way, execute the same and all the estate and interest in
such lands of the parties for whose use and in respect whereof such par-
chase-money or compensation shall have been so paid shall vest absolutely
in the company, and, us against such parties, they shall be entitled to
im-
mediate possession of such lands.

9.4. Upon the application by petition of any party making claim to,
the money so paid into Court as last aforesaid, or any part thereof, or to
the lands in respect whereof the same shall have been so paid or any part
of such lands, or any interest in the same, the Court or a Judge may, as
to it or him shall seem fit, order such money to be laid out -or invested
in
or upon any securities or i.nvestzments authorizer) by the Court or a
Judge,
or tray Ord, or distribution thereof, -or payment of the dividends
thereof,
according to the respective estates, titles, or interests of the parties
making.
claim to such money or lands, or any part thereof, and may make such
other order in the premises as to such Court or Judge shall seem fit.

~Arty li1' 9~. If any question arise respecting the title to the lands in
respect

pdsses$ion 'to
be deemT,,.ttht: whereof such monies shall have been so paid into Court
as aforesaid, the

l~'~'Ilt'r

parties respectively in possession of such lands; as beinb the owners,
thereof, or in receipt of the rents of such lands, as bezna entitled
thereto
at the time of such lands being purtliased or taken, shall be deemed to
bave been lawfully entitled to such lands, until the contrary, be shown to
the satisfaction of the Court or a Judge, upon petition in a summary way,
and, unless the contrary be shown as, aforesaid, the parties so in
possession,
and all parties claiming under there, or consistently with their
possession,
shall be deemed entitled to the money so paid into Court, and to the
dividends or interest thereof axid the same shall be paid and applied

accordingly.
96. In all, cases of movies paid into Court under the provisions of
this Ordinance, except where such movies shall have been so paid..n by
reason of the w,ilful refusal of any party en titled~thereto to receive
the
sage, or to izssi0on or release the lands in respect whereof the same .
ORDINANCE No. 6 -oF 1883.

Tranaxvays.

-shall be payable, or by reason of the wilful neglect of any party to make
~orxt a good title to the land required, it shall be lawful, for the
Court to
order the costs of the following matters, including therein all reasonable
charges and expenses incident thereto, to be p.Lidhy the cony}anyT (that
is to say) the costs of the purchase or taking of the lauds, 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
monies ~ in manner by this Ordinance provided and of the re-invcastznent
thereof in the purchase of other lauds, 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 movies shall be invested, and for the~paytxient out of Court of the
principal of such movies, or of the securities whereon the same shall be
invested, and of all pz°oceedincs relating thereto, (except such as are
occa-
sioned by litigation between adverse claimants :. Provided always, that
the costs of one application only for re-investment in land shall be
allowed,
unless it shall appear to the Court that it is fob the benefit of the
parties
interested in the said movies that the same should be invested in the:
purchase of lands, in different sums, -a.nd at different times, in which.
-case it shall, be lawful for tha*Court tea order the costs of any such
invest-

ments ~ to be paid by the company.

Assignments.

97. Assignments of lands to the company shall be in such form W
the company shall think fit.

9$. The costs of all such assigns xents shall beP borne, by the cam- case
of
pa,ny, and such costs shall include all charges and expenses incurred, on
a~si~'~
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 :nuking out and furnishing such abstracts and
-attested copies as the company may reqpire, arid all other reasonable
expenses incident to the investigation, deductioix and verification o£
such .,

title.

99-. If the company and the party entitled to any such costs shall
not agree as to the amount thereof, such costs shall be such. by the.
Registrar upon an order of the Court, to be obtained upon petition in a

1715

Assi;;nmentq.

Taxation of
cysts o£
assignments.'.
co'I'la to
L,<: a,1Lo12ed to
enter on, lands
before
pureLmse, on.
making
deposit by
W<`1P of
Security and
giving 1.)ond.

UIibIN~ANCL No. 6 OF 1883.

Tramways.

summary way by the company, or by such party, if the company refuse
or neglect to apply for such order for fourteen days after notice from
such
party so to do, and the company shall hay what the Registrar shall certify
to be due in respect of such cots to the party entitled thereto, or in
default thereof the same may be recovered ire the sane way as any other
costs payable under an order of the said Court, 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, in which case
the costs of -such taxation shall be =borne by the party whose costs shah
be so taxed, and the avivunt thereof shall be. ascertained by the
Registrar
and deducted by him accordingly in his certificate of such taxation.

y. entry on lands.
Pttymant. of' 100. The conipauy shall not, except by consent of the owners
and
Lnioc to be
,.ranaapreviuus occupiers, enter upon any of the said lands mentioned in
the said schedule

to entry,
except to
ymv.

I>., and which shall be required to be purchased or permanently used for-
the purposes and under the powers of this Ordinance, until they shall
either have paid to every party having any interest in such lands, or
paid into Court in the manner herein mentioned the purchase-money or
compensation to be paid to such parties re#p~,letively for their
respective
interests therein : Provided always that for the purpose merely of survey
-
ina such lands, and of setting out the line of the works, it shall be
lawful
for the company, after giving not less than three nor more than fourteen
days' notice to the owners or occupiers thereof, to enter upon such lands
without previous consent, making compensation for any damage thereby
occasioned to the owner or occupiers thereof:

101. Provided also, that if the company shall be desirous of emterina
upon and using any of the said lands mentioned in the said schedule A
before an° abreement shall have been come to, or the puachase-money or
compensation to be paid by them in respect of such lands shall have been
determined as herein provided, it shall be lawful for the company to pay
into Court by may of security either the amount of purchase-money or°
coW peusation claimed by any-part interested in, or entitled to sell and
assign such lands, and who shall not consent to such entry, or such a sung
as- shall, by the Court or a Judge upon petition in a summary way be-
deterrnined to be the value of such lands or interest wherein =which such
party is entitled to or enabled to sell and assign, and also to dive or
teiider-
r
tosuch party a bond, under the common seal of the company, with two--
DR-DIrANGE No. ~ 6 .o~ 1883.

. Trantanys.

suffrcien t sureties to be approved of by such Court or Budge: in :case ~
the
parties differ, in a penal sum equal to the sum so to be deposited, condi-
tioned for payment to such party, or for payment into Court, for the
benefit
.of the parties interested in such lands, as the case May require, under
the
provisions herein contained, of alt such purchase-money or compensation
:as
may in manner hereinbefore provided be determined to be payable by the
company in respect ofthe lands so entered upon, together with interest
there -
oir, at the rate of site dollars per-centum pm- annum, from the time of
entering
on-such lungs until such purchase-money or compensation shall be paid
10 such party or into Court for the benefit of the parties interested in
such
Viands under the provisions herein contained; and upon sixth payment :by
way of security being made as aforesaid, and such bond being delivered or
tendered to such non-consenting party as aforesaid, it shall be lawful for
the company to enter upon and use such lands, without having first paid
the purchase-money or compensation in other cases required to be paid
by them before entering upon any lands to be taken by them under the
provisions of this Ordlnatlc~. Provided, always,,that, if it shall be
shown
to the satisfaction of the Court or a Judge that such non-consenting party
~saforesaid be absent from the Colony, whet-.her temporarily or
permanently,
.or in hiding, or cannot after diligent enquiry be found, then such Court
or Nudge may order such band -as aforesaid to be aisp6nsed with, .and
may authorized the company to enter upon and use any of the said lands
mentioned in the said schedule D. after first paying into Court by way
of security either the amount of purchase-money or compensation--claimed
by such non-consenting party, or such a sum as shall by such Court~or
Judge be determined upon petition in ,a .summary way to be the value

©f such lands or interest therein which such non-corxsent?aag party is
entitled to or enabled to sell or assign. n

102. The money so paid into Court as last aforesaid shall remain
in Court by way of security to the parties whose lands shall so have been
entered upon, f©r the performance of the condition of the bond to be given
by the company as hereinbefore mentioned, or where such bond has been
dispensed with as aforesaid, for the payxnen-t to the parties whose lands
shall so rave been entered upon, or for deposit in Court for the benefit
of the parties interested in such lands, as the case may require, under
the
provisions herein contained, of all such purchase-money or compensation
as may in manner hereinbefore provided be determined to be payable by
the company in respect of the lands so entered upon, together with
interest

ponies 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 pay-
ment of .the
purcha.se-
money.

ORDINANCE: No. 6 ,oirI_883.

Tramways.

thereon at the rate of six dollars per centum per annum from the time of
entering on such lands until such purchase-money or compensation shall be
paid to such party, or until the money so deposited shall be deemed to
be, or
shall be deposited in Court for the benefit of the parties interested in
such
lands under the provisions herein contained, and the movies so deposited
in
Court as in the next preceding section mentioned may, on the application
by
petition of the company, be ordered to be invested upon any securities or
investments authorized by the Court or a Judge, and upon the objects or
object for which such deposit as last aforesaid was made being fully
attained
or satisfied, it shall be lawful for the Court, upon a like application,
to order
the money so deposited, or the funds in ,which the sane shall have been
invested, together with the accumulations thereof, to be re-paid or trans-
ferred to the company, or if such objects or object shall not be fully
attained
or satisfied, it shall be lawful for the Court to order the.same to be
applied
in such manner as it shall think fit for the benefit of the parties for
whose
security the same shall so have been deposited.

103. If the company or any of their .contractors shall, except as
aforesaid, wilfully enter upon and tyke possession of any of the said
lands
mentioned in the said schedule D., which shall be required to be purchased
or permanently used for the purpose of this Ordinance, without such con-
sent as aforesaid, or without having made such payment into Court as
aforesaid for the benefit or security of the parties interested in the
lands,
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 aforesaicl~. contirue in unlawful possession of any such lands, the
com-
pany shall be liable to forfeit the sum of one hundred dollars for every
day they or their, contractor shall so remain in possession as aforesaid;
such penalty to be recoverable by the party, in possession of such lands,
with costs, by a suit to be instituted in the Court in its original
jurisdic-
tion in the same manner as is hereinbefore provided for in cases of
disputed
compensation. 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 bond fide and without collusion have paid the
com-
pensation which shall have been under the provisions of this Ordinance
determined to be paid in respect of the said lands to any person whom
the company may have reasonably believed to be entitled thereto, or shall
ORDINANCE No. G, ov-~ 1883.

Tramways.

have paid the same into Court for the benefit or security of the parties -

interested in the lands, although such person may not have been legally
entitled thereto.

104. If in any case in which, according to the provisions of this t)rdi-
naACe, the company are authorized to enter upon and take possession of
such of the said lands mentioned in the said schedule D. as are required
for
the purposes of the undertaking, the owner or occupier of any such lands
or any other person refuse to give up the possession 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 one of the bailiffs of
the Court to deliver possession of the same to the person appointed in
such
warrant to receive the same, and upon the receipt ofsuch warrant such
bailiff
shall deliver possession of any such lands accordingly, and the costs
accruing
by reason of the issuing and execution of such warrant, to be settled by
the Registrar, shall .be paid 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 such party, or if the same be less
than the amount of such costs, then such costs, or the excess thereof
beyond such compensation, if nut paid on demand, shall be recovered in
the same way as any other costs payable under an order of the said Court.

106. .No party shall at any time be required to sell or assign to the
Parties not to,

be required to
company a part only of any house or other building or manufactory, if
sell part of a

such party be willing and able to sell and assign the whole thereof.

Proceedings
in case of
refusal to
deliver
possession of
lands.

Lands in mortgage.

hawse.

106. It shall be lawful fur the company to purvhase or redeem the Power to
redeem

interest of the mortgagee of any of the said lands mentioned in the said
mortgages.
schedule D., which may be required for the purposes of this Ordinance,
and that whether 'they shall have previously 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

.cipal and interest due on such mortoa(re t6yether with his costs and
rin 0 0 )0
Payment into
Court of
mortgage
mey on
refal to
,accept. '

ORDIN:ANCE ',1fo~. 6_: o~:18S.

Tramways,

charges, if. any, and also one month's additional interest; and thereupon
such mortgagee shall immediately assign his interest in the lands
comprised in such mortgage to the company, or as they shall direct, or
Y
the company 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 the party entitled to the equity
of
rgdemption of any such lands shall have given notice of his intention to
redeem the same, theca 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 due at the end of one month from the time of giving
r either of such notices, together with his costs and expenses, if any,
such
mortgagee shall assign or release his interest in the lands comprised in
such mortgage to the company, or as they shall direct.
10'x. If, in either of the cases aforesaid, upon such payment or
tender, any mortgageesball fail to assign or release his interest in such
mortgage as directed by the company, or if he fail to adduce a good title
thereto to their satisfaction,. or if he be absent from. the Colony,
whether
temporarily or permanently, or in hiding, or cannot after. diligent
enquiry
be found, then 'it shall be lawful for the company to pay into Court in
the manner provided by this Ordinance in like cases, the principal and
(if the same can be ascertained) interest and costs, if any, due on such
mortgage, and also, if such payment be made before the expiration of the
notices aforesaid, such further interest ( i£ the same can be ascertained)
as would at such expiration become due; and it shall be lawful for them,
if they think fit, toy prepare a deed of conveyance, assignment or
assurance
and release of such mortgaged lands to themselves, and to tender such
deed, after the same shall have- been duly'; stamped as required by law;
to
the- Registrar far execution on behalf of the mortgagee and other (if any)
the assuring and releasing parties, and thereupon t Registrar shall,
upon an order of the Court: to be obtained upon petition in a summary,
way; execute the same ;., and thereupon, 3.s well as. upon: such
assignment
by the, mortgagee, if. any, being made, all the estate and, interest of
such
mortgagee, and, of all r>ersnns.im rust for him, .or for whom.he may :be~a
trustee in such, lands:.shali vest in the company, and they shill: be:
enti~tlecl~
to immediate: possession thereof in- case such mortgagee were himself
entitled to such possession. y
ORDINANCE No. 6, ap 1838.

Trccmwap.

- 10:8:: .If any such mortgaged lands shall be of less value than the
principal interest and costs 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 on 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.in other cases of disputed compensation; and the amount
of such value or compensation, being so agreed upon or determined, shall
be paid or tendered by the company to the Mortgagee in satisfaction of
his mortgaage debt so far as the same will extend, and upon payment or
tender thereof the mortgagee shall assign or release all his interest in
-such mortgaged lands to the company, or as they shall direct.
109: If, upon such payment or tender as aforesaid being made, any
such mortgagee fail so to assign his interest in such mortgage, or to
adduce
a good title thereto to the satisfaction of the company, or if he be
absent
from the Colony, whether temporarily or permanently, or in hiding, or
-cannot after diligent enquiry be found, it shall be lawful for them to
pay
thezamount or value or compensation into Court, in the manner provided by
this Ordinance in like cases, and every such payment shall be accepted
by the mortgagee in satisfaction 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 company, if
they think fit, to prepare a deed of conveyance, assignment, or assurance
and release of such mortgaged lands to themselves, and to tender such
.deed, after the same shall have been duly stamped as required by law,
to the Registrar for execution on behalf of the mortgagee arid' other (if
any) the assuring and releasing parties, and thereupon the Registrar
shall, upon an order of the Court to be obtained upon petition in a
summary way, execute the same, and 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 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
.sball.not.have :been satisfied by such payment or deposit.

auxn to be
paid when

-Ige

or'! tj~

exwe e
value o£ the
lands.

Court of
money whe)i
refused on
tender.
ORDINANCE, Nos ~oF 1883.

Tramways.

Sum to be 110. If a part only of any such mortgaged lands be required for
j; .,, , paid where
part only of the purposes of this, Ordinance, and if the part so required
be of less
mortgaged
' lands taken.value than the principal money interest and costs secured on
such lands,
f
and the mortgagee shall not consider the remaining part of such lands a
H sufficient security fir the money charged thereon, or be not willing to

ry
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 be paid by the company to such mortgagee in satisfaction of his
mortgage debt so far as the same will extend ; and thereupon 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 a 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. ,
Pay xneut into 111. If, upon payment or tender to any such mortgagee of the
Court of
money when amount of the value or compensation so agreed upon or
determined, such
~ d °r , mortgagee shall fail to assign or release to the company, or as
they shall
direct, his inf'erest iii 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, or if he be absent from.
the Colony, whether temporarily or permanently, or in hiding, or cannot
after diligent enquiry be found, it shall be lawful for the company to pay
the amount of such vtfue or compensation into Court, and such payment
shall be accepted by such mortgagee in satisfaction of his mortgage debt,
so far as the same 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 prepare a deed of
conveyance, assignment or assurance and release of such last mentioned
mortgaged lands to themselves, and to tender such deed, afeer, the same-
ORDINANCE No. 6 of 1883.

Tramways.

shall have been duly stamped as required by law, to the Registrar for
execution on behalf of the mortgagee and other (if any) the assurinn and
releasing parties, and thereupon the Registrar shall, upon an order of
the Court to be obtained upon petition in a summary way, execute the
.same, and 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 in imedia.te
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 (as the case may be) and the interest
thereof respectively, upon and out of the residue of such mortgaged lands,
or the portion thereof not required. for the purposes of ~this Ordinance,
as
he would otherwise have h,,Ld or been entitled to, for recovering or
compelling payment thereof upon or out of the whole of the lands
originally comprised it) such mortgage.
112. Provided alway§ that in any of the cases hereinbefore provided
with respect to lands subject to mortgage, if in the, mortgage deed a
time shall have bcen~limited for payment of the principal money thereby
secured, and under the provisions hereinbefore contained the mortgagee
shall have been required 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, all 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 witli 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
being had to the then current rate of interest 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 so 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 mortgaace,

Compensa-
tion to be
made in
certain case.,

pain off before
the stipulated
time.
4724

Release of
lands from
rent-chaxges.

'Release of

`artottof land:
charge.

.ORDINANCE No. 6 of 1883.

Tramways.

to possession of the mortgaged lands under the provisions hereinbefore
contained. Provided that the Court or a Judge may order such pay-
ment or tender to be dispensed `with if it or he shall think fit so to do,
and such mortgage money and compensation to be paid into Court, and,
on such payment being made, the company shall be entitled, as against
such mortgagee, to possession of the mortgaged lands under the powers-
hereinbefore contained.

Rent-charges.

113. If any difference shall arise between the company and the
party entitled to any rent-char;e, or chief or other rent, or other
payment
or incumbrance not hereinbefore provided for, upon any of the said lands
mentioned in the said schedule D., and required 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 required for the purposes of this Ordinance, the same shall be

determined as in other cases of disputed compensation.

114. If part only of the lauds charged with any such rent-charge,
'chief or other rent, payment or incumbrance; be required to be taken far
the
purposes of this: Ordinance, the apportionment of any such charge. may
be determined by 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 determined by agreement, the
same shall be determined by the Court or a Judge upon petition in a
summary way, but if the remaining part of the lands so jointly subject
be a sufficient security for such charge, then, with consent of the owner

rtif the lands so jointly subject, it shall be lawful for the -party
entitled to
v v~uclycharge to release therefrom the lands. required, on condition or
in
~pon~ideration of such other lands remaining exclusively subject to the
whole thereof.

_- 1~.-~, Upon payment or tender of the compensation so agreed upon
or determined 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, ax=if he fail to 'adduce good title to such charge to the
satisfaction of the companyl - or if. he be absent from the Colony,
whether
temporarily or permanently-or in hiding, or cannot after diligent enquiry
he found, it shall be la ~vful fgr there to pay the amount of such compen-

Payment into
Couxt.in case

of refusal to
release.
ORDINANCE ~No. 6, cw 1883.

Trarnwap.

sation into Court, and also if they think: fit to prepar a deed of release
of such charge, and to tender the same, after-the same shall have. peen
duly stamped as required by law-, to the .Registrar for execution on
behalf
of the releasing parties, and thereupon the Registrar shall, upon an
order:
of the Court to be obtained upon petition in a summary way, execute
the same, and the rent-charge, chief or other rent, Plyment or incurn-
brance, or the portion thereof in respect whereof such compensation shall
so have been paid shall cease and be extinguished.

116. If any such lands be so released lroni any ~ such charge or in-
cumbrance, or portion thereof, to which they were sLibject jointly with
other lands, such last-mentioned lands shall alone be charged with the
whole of such charge, or with the remainder theroof, as the case may be,
and the party entitled to the.charge shall have ail the same rights and
remedies over such last-mentioned lands for the whole or tile remainder
of the charge, as the case may be, as he 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
transferring
such charge be tendered to the company for the purpose, they shall affix
their common seal to a mem,-)randum of such release endorsed on such
deed or instrument, declaring what part of the lands originally subject to
such charge shall lave been purchased by virtue of this Ordinance, and
if the lands be released from part of such charge, what proportion of such
charge shall have been released, and how much thereof continues payable,
or if the lands so required shall have been released from the whole of
such
charge, then that the remaining lands are thenceforward to remain exclz-
sively charged therewith; and such memorandum shall be ,made and
executed at the expense of the company, and shall be evidence in the
Courts
and elsewhere of the facts therein stated, but slot so as to exclude any
other evidence of the same facts.

117. Where part only of any lands comprised in a lease for a terra
of years shall be required for the purposes of this Ordinance, the rent
payable in respect of the lands comprised in such lease shall be
apportioned
between-the lands so required and the residue of such lands; and such
apportionment may be determined by agreement between the lessor (in-
cludiDg Her-Majesty, Her Heirs and Successors, in those cases where .Her
Majesty, Her Heirs or Succeesors. shall be the lessor) and the lessee of
such lands on the one part, and the company on the other part, and

Charge to
continue on.
lands nor
taken.

Where part,
only of lands
under lease
taken the rent
to be appor-
tioned.
t,ion to be
made to
tenants from
year to year,

Where greater
interest
claimed than
at will, lease
to be

produced.

ORDINANCE No. G .oF 1,883.

Tramways.

` if. such apportionment be not so determined by agreement between the
parties, such apportionment shall be determined by the Court or a Judbe,
upon petition in a summary way, and after such apportionment the lessee;
of such lands shall, as 'to all future accruii;g rent, be liable only for
so
much of the rent as shall be so apportioned in respect of the lands not
required far the purposes of this Ordil'ance; and as to the lands not so
required, and as against the lessee, the lessor shall have all the game
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, and agreements of such lease,
except as to the amount of rent to be paid, shall remain 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 have dome in case
such part only of the land had been included in the lease.
Tenants to be 118. Every such lessee as last aforesaid shall be entitled
to receive
compeTlsatecl.
from the company compensation for the damage done to bin in his tenancy
by reason of the severance of the lands required from those not required'
or other«ise by reason of the execution of the works.
11$. If any such lands shall be in the possession of any person having

no greater interest therein than as tenant for a year, or from year to
year,
and if such perscW be required to give up possession of any lands so occu-
pied by hire before the expiration of his term or interest therein, he
shall
be entitled to compensation for the value of his unexpired term or
interest
in such lands, and for any just allowance which oubht to be made to him
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 ten.ancy by severing the lands held by liim or otherwise in-
juriously affecting the. same ; and the amount of such compensation shall
be determined, in case the parties differ about the same, by the Court or
a Judge upon petition in a summaryT way, and upon payment or tender
of the amount, of such compensation all such presons shall respectively
deliver up to the company, or to the person appointed by them to tape
possession thereof, any such lands in their possession required for,the
purposes of this Ordinance.
120. If any party, having a greater interest than as tenant-at-will,
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 lease in respect of which such claim shall be made, or the
Tramways.

ORDINANCE No., 24'oF ° 1,882.

best evidence thereof in his power; and if after demand made in writing
by the company, such lease, or such best evidence thereof, be not produced
within twenty-one days, the party so claiming comp; nsation shall be
considered as a tenant holdin(r only fro;n year to year, and be entitled
to
compensation accordingly.

Limit of compulsory powers.

121. The powers of the company for the compulsory purchase or
taking of lards for the purposes of this Otdinance shall not be exercised
after the expiration of three years from the coming into operation of this
Ordinance.

Io2tei°eats om.itted to he yzcrcha-.sed.

122. If at any time after the company shall ,have entered upon any
lands which, under the provisions of this Qrdinancc, they ~were authorized
to purchase, and which shall be permanently required for the purposes of
this Ordinance, any party shall appear to be entitled to any estate,
right,
7
r,or interest m, or charge affecting, such lands Vliclv the company shall,
through mistake or inadvertence, have failed or omitted duly to purchase,
or to pay compensation for, them whether the period allowed for the
purchase of lands shall leave expired or not; the company shall remain in
the undisturbed possession of such lands, provided within three months
after notice o£ such estate, right, interest, or ehar~e, in case the same
shall not be disputed by the company, or in ease 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 estaibhsh a; right
thereto, full compensation for the m.esne profits or interest which would
have accrued to such parties respectively in respect 'thereof during the
interval between the entry of the comlony thereon and the time of the
payment of such purchase-money or compensation by the company, so far
as such rnesne profits or interest may be recoverable in law or equity;
and such purchase-money or compensation shall be agreed on, or
determined, and paid in like manner as according to the provisions of this
ordinance the same respectively would have been agreed on, or determined
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 mill admit.

Limit of tirae-
fox comgul:
nary purchase..

Company
empowered to
purchase'
interests -'in
lands, the
purchase
whereof m,%.y
have been
omitted by
mistake.
O1RDBUNCE \'o. r6 of :1883.

Trczatt2vaJs.

How value of 12S, The compensation to :be given for any such last mentioned
such lands to
be estimated. lands, or any estate or or interest in the same, or for any
mesne profits
-thereof, shall be the value of such lands, estate, or interest and
profits, at
the time such lands were entered upon by the company, and without
regard being had to any improvements or works made in the said lands
by the company, and as though the works had not been constructed.

Xampany to
pad, the: costs
.,off litigation
as to such

Lands not
wanted to he,
sold, or in
default to
vest in the
-Crown.

Service of
summons, Esc.

Form and
-delivery of
notices. ,

124. 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 merged 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
determined in favour of the party claiming the same, pay ,the fall 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.

Sale of stiperfluous lands.

126. Within ten years after the expiration ° of the time limited by
this Ordinance for the completion of the works, the company shall abso-
lutely sell and dispose of all superfluous lands, and in default thereof
alI
,such superfluous lands remaining unsold at the expiration of such period
shall thereupon vest in and become the property of the Crown.

Service of documenp.

126, Any sumomoos or any writ or other proceeding at law or in
equity :required to be served upon the company may be served by the
sarne being left at, or transmittecl through the post directed to the
priie-
cipal office of the company, or being given or transmitted through the
post directed to the secretary, or in case theie -be fro secretary, the
soli-
citor of the COn1pally.

12'x. With respect to notices, and to the delivery thereof;hy or to
-the company, tire following provisions shad have effect, that is to say:-

1. Every notice hall be in I:avriting or print. or partly in writing acrd.
partly in print.
ORDINANCE No. -s =m ,1883.

2. Any -notice to be delivered by:or=to the.company to or by any
other company or person may be delivered by being left at the
office of such other company or person, or at the then. present
or then last known place of abode or residence of such person':
or of his 'ostensible went- or agents, or of other the ,bent or
agents who pay the rents, rates, and taxes payable 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 by being left at the office of the company, a5
the .case may be,. or by being sent by post in a registered letter
addressed (as the case may be) to the clerk or secretary of such
other company at their principal office, or to such person at his,
then present or then last known place of abode or residence,
or at his office or business premises, or by being so sent by post
addressed to the ostensible agent or agents of such person, ot
other the agent or agelits aforesaid, or to the clerk or secretary
of the company at their principal office.

Provided always that any notice required to be given by the cotlipany, as
-mentioned in. section 7© of this Ordiuance, shall in addition be affixed,
upon some .conspicuous part of the land affected, or intended to be
affected,
thereby.

Miscellaneous,

128. If any party shall have committed any irregularity, trespass,
or other wrongful proceeding. in the execution of this Ordinance, or by
virtue of any power or autliority hereby given, an d*lf beforz action or
suit brought in respect thereof, such party make tender of sufficient
amends'
to the party injured, such last-mentioned party shall riot recover in any
such action or suit, rind if no such tender shall have been made, it shall
bet 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 of money as he shall think fit, aid thereupon such proceedins
,hall be had as in other cases where defendants are allowed to pay money
into Court.

129. gvery toll penalty or forfeiture imposed by `this Ordinance or
&G,,ery of-

tolls, &C.
by any order in 'Council,. regulation, or bye-iaw made in pursuance
hereof,
.the recovery of which is not otherwise provided for, may be recovered by

'fender of'-.
App11.Gf1t101a *,
of penalties.

ORDINANCE ~To. 6oF. 4883-

Tramways.

summary proceeding before a Magistrate, and on complaint being made
to .a Magistrate he stall issue a summons requiring the party complained
against to appear before any Magistrate at a time and place to be named in
such summons, andrevery such summons shall be served on the party
.offending either in person or by leaving the carne with some inmate at
his usual or last known place of abode, and upon the appearance of the
party complained against, or in his absence after proof of the due service
of such summons, it shall be lawful for any Magistrate to proceed to the
hearing of the complaint, and that although no information in writing or
in print shall have been exhibited before him, and upon proof of the
offence, it shall be lawful fur such Magistrate to convict the offender,
and -
upon such conviction to adjudge the offender to pay the penalty or for-
feiture incurred as 'well as such costs attending the conviction as such

Magistrate shall think. fit.

By distress. 130. If forthwith upon any such adjudication as aforesaid, the
amount of the toll, penalty, forfeiture, ~and of such costs as aforesaid
be
not paid, the amount thereof shall be levied by distress, and any Magis-
trate shall issue his warrant of distress accordingly. The said amount

shall be levied by distress and s~.~ of the goods and chattels of the
pai~tyT
liable to pay the same; and the overplus arising° from the sale of such
goods and chattels, after satisfying the amount due, and the expenses of
the distress and sale, shall be returned on demand to the party whose
c;aods shall have been distrainecl.

131. The iVlagistrate by ,whom any such penalty or forfeiture shall
be imposed may, where the application thereof is not otherwise provided
for, award one naoiety thereof to the use of Her Majesty, Her Heirs and
Successors for the public uses of the ,Colony and the support of the
Government thereof, and the other~moisty to the informer or party pro-
secuting or complaining.

Distress non 13`x. No distress levied by virtue of this Ordinance shall be
deemed
unlawful for
wane of form. Unlawful, nor shall any party making the, same be deemed a
trespasser,
on account of any defeat or W ant of form ' in the summons, conviction;

warrant of distress, or other proceeding relating, thereto, nor shall such
loamy be deemed a trespasser ab iiaitio, on account of any irregularity
after-
wards committed by him, but all persons arieved by such defect or-
00
i.zirregularity may recover full satisfaction for the .'special darnagE
in an
action or suit upon the case.
ORDI\AhClj No. 6 ox 1883.

Tramways.

133. No -person shall be liable to the paynlenf of any toll penralty
or forfti titre imposed by virtue of this Ordinance for any offence made
coanisable before a ira~istrate unless the complaint respectin11 g such
offence
shall have been made before such 1laoistrate within six months newt after
the commission of such offence.

134. It shall be lawful. for any 1-Iagistrate to summon any person
to appear before 111111 or any other Magistrate as a witness in any
lrlatter
in which a Magistrate shall loave jurisdiction under the provisions of
this
Ordinance, at a time and place mentioned in such SU111It10TlS, and to,

administer to hire an oath to testify the truth in such htter, and if any
person so summoned shall without reasonable excuse refuse or neglect to
appear at the time and place appointed for that purpose having been paid
or tendered a reasonable suiri for his expenses, or if any person
appearing
shall refuse to be examined upon oath or to hive evidence before such
1.Iaaistrate, every such person shall forfeit a sum not exceeding fifty
dollars for every such offence.

Tolls, J:.c. to
. ue sneil for
-witbil,- Six

Power to
summon
'44 I t,1f CS E's.

135. 'fLe AMabistrate before whom any person shall be convicted of :norm
of <.on-
any offence against this Ordinance may cause the conviction to be drawn

up according to the form in schedule F. to this Ordinance.

136. No proceeding before a Magistrate in pursuance of this' Ordi-
nance shall be quashed or vacated for want of form or reimoved, by cer-
tiorari or otherwise into the Court.

13'x. If any party shall feel aggrieved by any determination or
adjudication of any Magistrate with respect to any penalty or forfeiture
under the provisions of this Ordinance,. such party may appeal under the
provisions of and in manner provided 1>y Ordinance No. 4 of 18581
intituled An Ordinance for SZCanvarV Jug°isdietione cx'~zd Ap'peccl8 to
the
,SuPrcme Count.

138. Any person who, upon any examination upon oath under this
ordinance, shall wilfully and corruptly hive false evidence shall be
liable
to the penalties of wilful al?d corrupt peJury.

139. The company shall be answerable for all accidents, dan lobes,
and .injuries happening through their get or 'defaul, or tllrouh the act
or
'default of any person in their employment, by reason or in consequ6uce
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,
darnages,
,and injuries.

1'rocc;cdxy
not to be
quashed for
want of form.

Appeal.
[See Ord. X o.
a0 '?f 1s,9o.l

False
witnesses.

Company to

be responsible
for all
ciamane.
saving 'twr~
~eneral: .
~rdirtdtW e:;:

OIL D Ih'A.NC E IV'o. 6 , uF 1883.

Tramway's.

Right of user 140. Notwithstanding anything in this Ordinance contained the
only acquired.
company shall not acquire any right other than that of user of the roads.
rdona or across which they lay any. tramway.

Power ro 141. i~tTOtb111b in this Ordinance shall limit the pokers of the
Police
Police to
regulate to regulate the passage of any . traffic; along or across any
public road

i:ra,ffie.

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
`yell 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 powers conferred on him by Ordinance No. 10 of 1869.

142. Nothin- inn this Ordinance or in any regulation or bye-lave
made hereunder shall take away or abridge; the right of the public to
pass along or across every or any part of any public road along or across
which any tramway is laid, whether on or, off the tramway, with carriages
riot laving flange-wheel,,;, or wheels suitably only to run on the rail
of'
e
the tramway. _ ..

lr$`v', Notwithstanding anytl-Ay in this Ordinance contained the
cot n.pany acid gay persons using the tramways shall be, subject and
liable to the provisions of any general Ordinance now in force or which
may hereafter be passed in the Colony of Hongkong relating to tramways.
or by which any tax or duty may be granted or imposed for or in respect
of tramways, or the passengers or traffic convey ed thereon, or to any
future revision or alteration under the Legislature of the said Colony of
the maYim`qum rates of tolls or charges authorized by this Ordinance and
to any condition, regulation, or restriction, which may be imposed upon
`the-use of tramways or upon the use on tramways of animal power=
steam power, or any mechanic,l~ power, by any such general Ordin:~nce
a> aforesaid. '

Reser,-:Lt.iorr 144. The powers and prix ilebes given by this Ordinance
are so,
of Tights °f
given saving and reserving always the rights of Her Majesty and of all
-bodies politic and corporate, and of all other persons and those claiming
by, from, azad under them, except a.s is herein otherwise provided.
145. This Or dinanee shall not come into operation until Her-AZa--
L''~'uR`' jesty's confirmation thereof is proclaimed by the Governor.
ORDINANCINo. -6 ax `OS3:

Tramways.

Schedule A.
(Applicable rind extending only to the tramways Nos. r, 2, 3, 4 8f 5, j
Every engine used on the tramways shall be fitted with sue% mechanical
appliances nreA: power
ofengines.
for preventing the motive power of such engine from operating, and for
bringing such
engine and any carriage drawn or 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 shewn in some As
to ettingi
of engines.
conspicuous part thereof, and shall be fitted,-
With an indicator by means of which the speed shall be shewn ;
With a suitable fender to push aside obstructions;
With a special bell, whistle or other apparatus to be sounded as a warning
when necessary; and

With a seat for the driver of such engine, so placed in front of such
engine
as `to command the fullest possible view of the road before him.
Every such engine shall be free from noise produced by blast or clatter
of machinery,
rind the machinery shall be concealed from view at x,11 points above 4
inches from the
level of the rails, and all fire used on such engine shall be concealed
from view.

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 4, or
any '
of them, or any part thereof,-
If such passenger is a first class passenger, any suqn not
20 cents:

exceeding ...... a
If a second class passenger, any sum not exceeding 15 .
If a third class passenger, any sum not exceeding , 5 '
For every passenger travelling upon the tramway No. 5, or any part
thereof,-
The same tolls and charges as those herQinbefore authorized in respect
of the tramways Nos. 1, 2, 3 and 4.
For every passenger travelling upon the tramway No. 6; or any part
thereof,--
If such passenger is a first class. passenger, any sum not
30 cents.
exceeding
If a second class passenger, spy sum not exceeding 20
' If a third class passenger, any sum not exceeding 10

Schedule C. .
TOLLS AND CHARGES FOR, ANIMALS, GOODS, OLC.
Animals. '
Per Mae.
For every horse, mule, or other beast of draught or burden, per head, 12
cents.

For every ox, cow, bull or head of cattle, per liead, , ......... 12
-
For every calf, pig, sheep, or other small animal, per head, 10
OKDRYAI1CE N0. C o>E 1883:

Tramways.

Goods and Minerals.

Per mile.

For all coals, coke, culmrchareoal, cannel, limestone, chalk, lime, salt,
sand, fire-
clay, cinders, dung, compost and all sorts of manure, and all undressed

materials for the repair of public roads or highways, per ton,
... ... ...... 20 cents.
For all iron, iron ore, pig iron, bar iron, rod iron, sheet iron, hoop
iron, plates
of iron, slabs, billets and rolled iron, bricks, siege, and stone, stones
for
building, pitebing, and paving, tiles, slates, and clay (except
fire-clay),
and for wrought iron not otherwise specially classed herein, , and for
heavy iron castings, including railway chairs, per ton,
.................... 20
For all sugar, grain, care, flour, hides, dyewoods, earthenware, timber
and
metals (except iron), nails, anvils, vices, and chains, and for light iron
castings, per ton, .................................................. 20
For cotton and other wools, drugs (except opium) and manufactured goods,
and all other wares, merchandise, fish, articles, matters or things, per
ton, 30

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

Small parcels.

For every parcel not exceeding seven pounds in weigh,,t, each, 5 ;,
For any parcel exceeding seven pounds and not exceeding fourteen pounds in

weight, each, ~ ...... . IO

Fox any parcel exceeding fourteen pounds and not exceeding twenty-eight

pounds in weight, each, ....................... 15
For any parcel exceeding twenty-eight pounds, and not exceeding fifty-six:
pounds in weight, each, . . . , . . . . ... ... .. . ... ... ... ... ... . . . .
20
For any parcel exceeding fifty-six pounds in weight, such saws as the
company
may think fit.

Provided always; that articles sent in large aggregate quantities,
although made
up in separate parcels, such as bags of sugar, coffee, meal, and the
like, shall not be
deemed small parcels, -but that term shall apply only to single parcels
iu. separate
packages. ,

Regulations as to tolls.

A fraction of a mile beyond an integral number of miles shall be deemed a
mile.
For a fraction of a ton, the company may dernalud and take tolls and
charges
according to the number of the quarters of a ton in such fraction, and if
there be a
fraction of a quarter of a toil, such fraction shall be deemed a quarter
of a ton.
With respect to all articles except stone and timber, the weight shall be
determined
-according to the usual avoirdupois weight.
With respect to stone and timber, fourteen cubic feet of stone, fifty
cubic feet
,of GLina fir or Singapore cedar, and forty cubic feet of any other
timber, shall be
deemed one ton weight, and so in proportion for any smaller quantity.
30

31
32
33
34
35
36
37

:38

REFER
1CE N0. OF
No. HousE.
PLAN.
1 ...

:j 25

2:3
21

19
17`
15
13
11

11 9
13 ' 7
13 5
14 3
15 1
16 24
17 23
18 , 22
19 36
20 34 ,

21 32
22 30
23 28
24 26
25 215
26 217
17 219
28 221 ..
29 223

26

28
30
32
34
36
38.
40
42
44

ORMANCE X0. 6 04, 1883.

Schedule D.

NAMES - ~ _ ,
1.075. CROW.\- LESSEES. ! pFSECTIO\S. L~gR
OF STREETS. LESSEEH.
OWNERS ,

Pennington Street, Inland LotNo515, . The China Sugar Refin-

Great Geor,e Street. No: 471 ing Co Limited. ''' '^
WAn-t Road, No,rv376,? , Ng Shi, Yook $eng, Wei
Wali Ynok, Wei V'ah v ...... .
No,, 37fi, Tong, and 'Wei Wah ......
Teen, Executors and ,
Trustees of Wei A~ ...
No. . Hip Tun Kee. ......
..,
..... ,. Hip Tun Kee. ...... !1 ...

N 1173 . I

!! !! .... ,, No.I~'~70 Sec. A.,. 4Chee,tang Tong & Fong(,. Ho A-pare ,t, Ho ...
l Nof Kee. ~ ) i Aanui.

,! !, - . No. sec. B.,. ,, ,, ...

,, .
Ho A- ow & Ha
X10 ' . Sec. D .
n » .In11i. .. ,

Lean Win Kw-
g g 1
Cross btrect,.,., , Inland Lot No' 3$8,:fiea. A.,. Cheong Assow. axta & Tam Sai .. ,
Ping.

i;
..... No~ 3$8, Sec. B.,. Wong Ngan Moey. ~ ...

Win-t ai Road No,'! 08 Sec. E. . Yam A-c1 'n .

.... No. i, Robert Strachan . ...... ...

Queen's Road Central No. 9, . . Choy A-chan. i ...... ...

~ i

West, Nc:'22C', See, s, ~ Chow A-oan.
Queen's Road Aaan. i
!! f

* ,

Queen( ...
i

,

Road West, 1nland Lot No.220 , , , Chow A-oarl. ~ ,
~ ... ,

, ,, No, 363, .. Leong Lune Po. ......

jNg Woo Loi

) A-Said ~ Cho.

f Wan Hui anll

H Ni,1 ong.

Mak- Cheong.

Yu IIo,

(Not Chung Tin

]r
~ Sau Cho Tsui
1 Fitt.

f Chun ] u Tsun anti
) Leong A-kung.
Leong Yun Shan.
f Tsang Kum.- nd Chung
Tai.
Fok Shing.

Leong King Ki.

Chang Nam sand Quak
Yung Task.
Chi-u A Chiu Sue,
Mok Chung ,kCllue Ng,
Tam Sam, (not let).
Tang King, (not let).
Chau Pat Yau & Wang
I Slung.
Chau Shau ScChau Sam.
Tong Kee.

Sam Kee.

Ching Yunc.

Wand Chau, Yung San,
S: Wah Sang.
Wind Tuck, represent-
' ativc of the late R.
Rozal.io. ,
Shin Yane & Mow Lee.
Hwan Woh.
Yik T.ee.
1'ik Lee and Chow Sal.
Rut tool w.
sz Bing.
Lai Kee.
Vacant.
Tak Loang & Hoi On.

OF 11BOlaI:RTY.

~ui andvun,

Tin an CllaugShangap Ki

Fuk and Sing let), ]'in and OCCUPIERS.

.

IoiuC Fuk Cha



HAW .

Leong Kvrak She,
(rout charge).
w 1!

Fong Anal,

!!
1>
!!
!
( Revd!
, Fr, 1'er-
f nando Saiux.

79

`ikacleitt. Crookald,

Shop and lluisr.

Shop arid kloww.

Chi now 1f

(Two together).
Vllineso Shop,
REFER
ENCE
N0.
ON PZ3.N.

40
91
42
41

44

45

46

48

54
5.5

56

61

62

63

64
65
66
67
68
69

oRvmTwcE1 No. a o-F 1883.

N0. OF
HOUSE.

15S
160.
162 i
164

166

163

li0

lit

174

197

199

201

203

205

207
269

' 271

273

275

`'>, 77

279

9D

9C

None.

166
166A
166B
1660
166D
166E

None.

None.

NAMES

OF STREETS.

Q ucen'sFoad West,... Inland Lot \u. 24,...,....

77 77 .. 77 .. .....

.7
;rlarineLot\o.91, Sec. G.,...

s

,. \0.91. Scc.1~,

,s ,s r7 '7 77
11

\ o. 91, Sec. U.,

Centre street, .......

New Lane (no name), ~

T'raya Weat, ..........

Queen's, Road «eat,...

The Gap, Victoria
Peak, . ...........

_ _ y

SCHEDULE k.,-(continued).

GROWN LESSEES.

Christian Wilhelm Louis
and Heinrich Dilthey;
Trustees of the Rhenish
Missionary~Society.

Lee Foo Wing.

Leong Hang Kwai.

UNDER

LESSEES.

71

Chau King.

(OWNERS OF SECTIONS.

Leong A-yung, of
First Street, Sai-
ying-p`nn.

Leong ChoongY n
& Leong Choong
YU, Executors of
1.eongHongTsoi.

11

Leong Chu Chuen,
(of Canton).

,, No. 105, Sec. 8.,.

77 ,1 ..,

\0.10:>,........
remaining portion.

s7 0.90, ,

'N'b.187 A,' . ..

Farm Lot N0. 3;i ....

Yue Hop Tack Tong.

19

FoongWing,Pang Heong,
Yeong Yak, Pang Kit,
and ;Lai Kov.

Kwok A-cheong.

Hon. W. Kes~

W. Pomeroy, Esq. d
H. G. 71`homsett, Ell*,
Trustees for the Satloii
Home.

N. J. Ede, E(.

MORTGAGEES.

T. G. Linstead's
Executors.

1
OCCUPI RS.

AAj a Ling Che ng and
l a
row Woh.
Ho Lee.
He oom~bc10hungA-you.
K ii Hing Loong &
ong A-ho. '
Sin Lee & Wong A-ho.

K ~ n fling & Ton
g g
'ee.
Ha ig M'ah and Love

n W00.
( y Leong, Yl'ongKrvai,
std lioi Kee.
a,n Ye Woh.

i phi Lnong. Foon Che-
i~ p g and Yik Woh.

Cy a Chi Pat, Chan
. Lang and Yik Woh.

~ ~ Cheong and Shun
a Pun.
Cheong.

._,. it Leong Chan.
To ihang'1'ong.

WiLjg fling and Wong

Yui Shang, Liu Kee,
Ming Woh and Loi -
S m.
1'0o Shang Tong, (2
fl on empty), Lou
k.
g Lum Tong, Tye
,, it, Leong Kit L
im
fang Leofig Kee.
tg Loong, Tsing
4toong Nam, Lp
1,y~xoand Lai Yuk.

MC Lui 'rack
a d Leong Chut Tye.

M6 Cheong.

Vac ant.

Jac ' Ring.
ro 1Voh Tong.
Ya Woh Cheong.


Yo Law Bin.
1'o I'i

Th

N.

Sailors' Home.

Ede, Eaq.,

DEBCRTPTIOiS
OF PROPERTY.

Chinese Shop

1,

Chinese House.

...... Chinese Shop.

Revd-. Francis

tienit I4erce.

A small piece of
ground at the South
East corner of the
compound.

b carer of fir. Ide's .-
sec 1andczl'prtlnrEnrA.-
as Per dited plan
5471~1D1t 60 fen eRt.tt.
sia~, ~t 6.4Wvwuaffta
In -M nmo*r .
[Confirmation proclaimed 8rd STorember, 1888.

ORDINANCE No: ~ ~~ ~ 183.

Tramways.

Schedule E.

This snit is brought for the purpose of ascertaining the compensation to
be paid
by the company for the interest of (the vendor or other assuring or
releasing party) as
(naive the nature of the interest) in (describe the premises f:aquired by
the company)
under the provisions of the Tramways' Ordinance, 1883.

Schedule F.
.Form of conviction.

Hongkong Be it remembered that, on the day of
to wit. in the year of Our Lord 18 , (I$.) is convicted before (G'.D,) a
Magistrate for the Colony of Hongkong, (here describe the offence
generally and the
time and place when and where committed) contrary to the Tramways'
Ordinance, 1883.
Given under my hand and seal the day and year first above written.

Order made by the Governor in* Council on the 4th March, 1885, under the
provisions
of section 4 of the Tramways Ordinanre,1883, as amended by section 2
of the Tramways Ordinance Amendment Ordinance, 1883.
(Gazette 7th March, 1885.)

Whereas the promoters, as defined by section 3 of the Tramways Ordinance,
1883,
desire and propose to grant to the Honourable PFx1NEAS RYRIFr and
ALEXANDE It FINDLAY
SDiITH, their executors, administrators and assigns, the right to
construct and maintain

the tramway, numbered six, in the said Tramways Ordinance, 1883, and
thereby authorised
to be made, anti all the privileges thereby conferred, in so far as the
said PF7INEAS RYnm
and ALA%ANDEB FINDLAY SMITH or either of them, their, ox any, or either
of their
executors, administrators, or assigns may desire to exercise the sauna
'.n respect of or
regard to the said tramway numbered six in the said Tramways Ordinance,
1883, (but
saving and excepting unto the promoters and the survivors and survivor of
them and their
and his assignees or assignee the privileges by the said Tramways
Ordinance, 1883,
conferred in so far as the promoters or the survivors or survivor of them
or their-or his
assignees or assignee may desire to exercise the same in respect of or
regard to the
tramways numbered 1, 2, 3, 4 and 5 in the said Tramways Ordinance, 1883):
And whereas
the proposed grant has been submitted for the ass-ont and approval of the
Governor in
Council under the provisions of section 4 of the Trampvays Ordinance,
1883, as amended
by section 2 of the Tramways Ordnance Amendment Ordinance, 1883,x' and is
in the
terms following that is to say :-

'This indenture made the day of one thousand eight

hundred and eighty-five between FnAao1s BLZ,xELEy Joz3vsoN formerly of
Victoria
in the Colony of Hongkong but who is now residing in Great Britain
Esquire the

[* Orb. No. 18
of 1883.E
ORI3IN*1GE r'o: 6 cF 1883.

Trnmicays.

Honourable FREDERICK DAVID :JAS804PF of Victoria aforesaid CHARLES VINCENT
SMITH formerly of Victoria aforesaid but now of Shanghai in the Empire of
China
Esquire and WILLIAII'f Ki,;xirooT HUGHES of vICTORf A aforesaid Esquire
(who are all
hereinafter referred t^ as `the Promoters') of the one part and the
Honourable
PHINIAS 11YRIE of Victoria aforesaid and AT,EXADiDER 1.'Ii1DLAY SMITH
of Victoria

aforesaid merchant (who are both hereinafter referred to as `the
Purchasers'),of
the other part Whereas by the Tramways Ordinance 188:3 it was amongst
other things
enacted that (section 'v) the promoters or the survivors or survivor of
them should
be the promoters-for the purposes of that Ordinance and were~thereinafter
referred
to as the. promoters and that (section 4 since repealed) when and so soon
as that
Ordinance should have come -into operation as tlzereinafter provided (but
not before)
the promoters might with the assent and approval of the Governor in
Council and in
manner therein mentioned assign and absolutely dispose of any one or more
of the
tramways thereby authorised to be constructed and all and every the
assignees or
assignee for the time being from the promoters whether a corporate body
or not were
end was thereinafter included in the expression and referred to as the
company and
the said reciting Ordinance more particularly mentioned and described the
tramwayK
which were thereby authorised to be made and constructed the powers for
construction

thereof the provisions for the protection of has and water companies
and of sewers
drains water-courses and,subwa.ys the powers to. sell lease and mortgage
and the
other powers and provisions therein more particularly mentioned and set
out and in
particular it was thereby enacted that (inter alia) if the company
did'not within
three years after the time at which they might under that Ordinance have
commenced
the construction of any one or more of the tramways thereby authorised
and complete
and open the same for public traffic or if within one year after the time
aforesaid the
eon'rueti:on of any one or more of such tramways was not in the opinion
of the
!Governor- in Council substantially commenced the powers thereby given to
the
company for constructing such tramways so not completed or commenced or
otherwise
in relation thereto should cease to be exercised unless the time were
prolonged by
the Governor in Council And it, was thereby ftlso enacted that (section
145) that
Ordinance should not come into operation until I3er Majesty's
confirmation thereof
was proeldimed by the Governor And whereas by a proclamation dated the
third
NOtember one thousand eight hundred and eighty-three, and published in
the Hongkrnag
'Government Gazette of the same date under the hand of His Excellency Sir
GEORCTIi'.
`,FEROUSOrr Bow>;N Knight Grand, Cross of the most Distinguished Oider of
St.
Michael and St. George Governorand Commander-in-Chief of the Colony of
Hongkong
.ana.its Dependencies and Vice-Admiral of the saner and the Seal of tire
said Colony.of Hongkong after reciting that a despatch load been received
from the Bight

Honourable the Earl of v>rrzBi '.E-Ier Majesty's Principal Secretary of
State for the,
Colonies conveying to him (the said Sir GEORGE: FERGUSON BqwLN) Her
Majesty's

gracious confirmation and allowance of (inter alit) the said recited
Ordinance it was
by the now reciting proclamation proclaimed that (inter alia) the said
Ordinance
had been so confirmed and allowed as aforesaid And whereas by the Tramways
~Grdinance Amendment Ordinance 1883 after reciting that a doubt had
arisen as to
the~pawers. conferred, upon the promoters for the purposes of the
Tramways Ordinance
ORDINANCE No. ~~ oF, 188.

l`883 under section -4 of the said Ordinance and that it was desirable to
remove such
doubt it was enacted that (section 2) the Tramways Ordinance 1883 was
thereby
amended by repealing section 4 and by inserting in lieu thereof the
section following.

11 14. The promoters may with the assent and ea'j~praval of the Governor
in
Council grant the right to construct and maintain any one or more of the
tram-
ways hereby authorized to be made and all or any of the privileges hereby
con-
ferred without receiving any valuable consideration therefor or for any
con-
sideration that the promoters may think fit to accept to such persons or
person
corporation or company and with under and subject to such terms and
conditions
in all respects as the promoters shall think fit and may with the
approval of the
Governor in Council upon failure of any of the terms and conditions
contained
in the original or any subsequent grant if thereunto authorized lay the
terms of
such original or subsequent grant revoke the same and re-grant all or any
such
rights and privileges and so much of any tramway as may be constructed
upon
such terms and conditions as to them shall seem fit and all and every the
assignees
or assinnes for the time being from the promoters whether a corporate
hotly, or not
are and is hereinafter included in the expression and referred to as the
company'

11 And It was also enacted that (section 3) that Ordinance should
commence and
take effect on the first January, one thousand night hundred and
eighty-four And
whereas an the eighth October one thousand eight' hnndred and eighty-four
(the
construction of any one or more of the said tramways not having been then
svbstarl-
tially commenced) an application was made to the Governor in Council for
an ex-
tension of the time allowed by the said Tramways Ordinance 1883 far the
substantial
commencement of the construction of all the trarriways autlaarizeZI lay
the Ordinance
in the words and figures following that is to say---- .

~° ~ T., 35 (queen's Road Hongkong 8th October 18$4 Sir By the 'tramways
Ordinance 1$83 section 26 it is provided that if within one year after
the time
at which the company might under that Ordinance have commenced the con-
struction of any one or ma~e of the tramways the construction of any one
or more
of such tramways is not in the opinion o the Governor in Council
substantially
commenced the powers thereby given to the company for ecShstrueting such
tramway s so not commenced or otherwise in relation .thereto shall cease
to be
exercised unless the time he prolonged lay the Govornor, in Council
section 145
enacted that the Ordinance was not to,,come into operation until Her
Majesty's
confirmation was proclaimed by the Governor This confirmation was pro-
claimed on the 3rd No-,;ember 1883 consequently the first year of the
concession
has nearly expired On the 29th July last a company was duly formed and
registered for the purpose of acquiring 'and taping over with the assent
and
approval of the Governor in Council from the four promoters named in the
Ordinance the right to construct and maintain all or any of the tramways
num-
bered 1 2 3 4 and 5 in the Ordinance and all the privileges thereby
conferred in
so far as the company might desire to exercise the same in respect of the
said
tramways numbered~l 2 3 4 and 5 (but saving and ex<;eptinb unto the said
four
promoters the said -privileges in so far as they might desire to exercise
the saine
ORDINANCE -No. 6~ oF 1883.

Tramways.

in respect of the tramway numbered six in the said Ordinance) without
paying
any valuable consideration therefor and upon such terms and conditions as
the
said four promoters should think fit The capital of the company was
$600,000
divided into 10,00,0 shares of $50 each The company was duly advertised
and
subscriptions for shares invited up to the end of the month of September
last
The amount of subscriptions however did not come up to the company's
expectations and was not sufficient to float the company successfully The
causes
of this are not far to seek They arise no doubt from the present state of
affairs
between France and China and the deplorable depression of trade which is
now
existing In fact there could probably be no worse time than the present
for.
floating the undertaking Under these circumstances we are requested to
apply
on behalf of the company for the consent of the Governor iu Council to the
extension for the period of 12 calendar months of the time allowed by the
Ordinance for the substantial commencement of the construction of all the
tramways authorized by the Ordinance We have the honour to be Sir Your
obedient servants--BItI:IiETON WOTTON & DEACON The Honourable FREDERICK
STEWART LL.D., Acting Colonial Secretary'
'

'And whereas to the said application a reply was received in the words and
figures followiyg that is to say-

''No. ~
1434 Colonial Secretary's Office'' Hongkong 13th October 1884
Gentlemen I leave the honour by direction of His Excellency the Officer
Ad--
ministering the Government to acknowledge the receipt of your letter of
the
8th instant applying on behalf of the tramways company for permission to
ex---
tend to 12-months the tune for commencing the construction of all the
tramways
authorized by Ordinance 6 of 1883 In reply I am to inform you that the
Governor in Council has been pleased to grant your, application I have the
honour to be Gentlemen Your most obedient servant-FREDERICK STEWAP.T
Acting Colonial Secretary Messrs. BRrItETON WOTTON & DEACON'' ' ,
' And whereas the purchasers lately applied to the promoters to grant to
them the
right to construct and maintain the tramway numbered six in the said
Tramways
Ordinanc2 t883 and.,thereby authorized to be mane and all the privileges
thereby
conferred in' so far as the purchasers might desire to exercise the same
in respect
of or regard to the said tramway numbered six (but saving and excepting
unto the -
I promoters and the survivors and survivor of them and their and his
assignees or--
assignee the privileges by the said 'tramways Ordinance 1883 conferred in
so far as
the promoters or the survivors or survivor of them or their or his
assignees or assignee
might desire to exercise the same in respect of or regard to the tramways
numbered
1 2 3 4 and 5 in the said Ordinance) at or for the sum of two thousand
dollars
which the promoters (subjbct to-the assent and approval of the Governor
in Council-
being obtained) agreed to do AND WHEREAS on the 26th January last. an
application
on behalf of the promoters and of the purchasers was made -to the
Governor in
Council in the words and figures following that is to say-

'IT., 35 queen's I: oad Hongkong 26th January 1884 Sir We have the
pleasure to inform His Excellency that the promoters of the tramways
author--
ORDINANCE No. f oi 1883.

Tra»iways.

ized to be made by the Tramways Ordinance 1883 propose forthwith to~assign
to the Honourable PHINEAS RYRIE and Mr. ALEXANDER FINDLAY SMITH Of
this City the Peak tramway and all the privilege, to it belonging to which
assignment the assent and approval of the Governor,in Council is by the
Tram-
ways Ordinance Amendment Ordinance 1883 required to be obtained before the
assignment can be effectuated On behalf of the promoters we have the
honour
now to apply (in the terms of the accompanying draft Order iii Council)
for
such assent and approval and beg to state that it is framed on lines in
all res-
pects similar to those on which the former draft Order in Council
relating to
the low level tramways was framed and which draft order was approved of by
the Governor in Council As will no doubt be remembered on the 8th October
1884 we applied on behalf of the proposed tramway company for the consent
of
the Governor in Council to the extension of the time for substantially
com-
mencing the construction of all the tramways which consent was granted
That consent having been granted to the company Messrs. RYIzm and SMITH
now request us to apply on their behalf for the formal assent of the
Governor
in Council to the extension for the period of 12 calendar months of the
time
allowed by the Tramway Ordinance 1883 for the substantial commencement of
the construction of the tramway -numbered six in the Ordinance being the
Peak
line and we beg to apply for such consent acCC.ordingly If it is granted
the.
enclosed draft Order in Council will require some small verbal amendment
which we should be happy t0 effect if so desired We have the hoaour to be
Sir your obedient servants WOTTON & DEACON The Honourable W. H. MARStr
C.M.G., Colonial Secretary.'' '
<w

-'And whereas to the said application a reply was received in the words
and figures
-following that is to say :-

''No. 141 Colonial Secretary's Office Hongkong llth February 1885
Gentlemen In reply to your letter of the 26th ultimo I am directed to
inform
you that the Governor in Council has been pleased to assent and approve
of the
assignment by the promoters of the tramways authorised by Ordinance 6 of
1883 to Messrs. P. RYRIE and A. FINDLAY SMITH Of the privilege of
construct-
ing tramway number six (Peak Line) The Governor ~,p Council has also been
pleased to approve of the extension for the period of 12 calendar months
of the;
'time allowed by the Tramways Ordinance 1883 for the substantial commence-
ment of the construction of this tramway As requested I am to return
herewith
the draft Order in Council for the necessary amendment as suggested by
you I
am to add that the extension of time granted in the letter from this
office No.
1434 of the 13th October last is so far as-the construction of tramway
number
I
six is concerned hereby revoked I have the honour to be Gentlemen your
most rbedient servant--W. H. MARSH Colonial Secretary Messrs. WOTTON
DEACON''

-' And whereas the said assent and approval of the Governor in Council to
the grant
hereby made has now been duly given by a formal Order iii Council Now This
Indenture Witnesseth that in pursuance of the said agreement and in
consideration

he 4 1
U RDI NANCE No. 6 of 1883.

Tramways.

of the sum of two thousand dollars to the promoters now paid in equal
proportions
by the purchasers (the receipt whereof the promoters do and each of them
doth
hereby acknowled0ge) they the promoters do and each of them cloth hereby
grant to
the purchasers their ex
,petttors administrators and assigns all that the right to construct
and maintain the said tramway numbered six in the said Tramways Ordinance
1883
and thereby authorised to be made and all the privileges thereby
conferred in so far
as the purchasers or either of them their or any or either of their
executors adminis--

` trators or assigns may desire to exercise the same in respect of or
regard to the said

tramway numbered six (but saving and excepting unto the promoters and the
sur-
vivors and survivor of them and their and his assignees or assignee the
privileges
by the said Tramways Ordinance 1883 conferred in so far as the promoters
or the
survivors or survivor of thorn or their or his assignees or assignee may
desire to
exercise the same in respect of or regard to the tramways numbered i 2. 3
4 and 5
in the said Tramways Ordinance 1883) to have and to hold the said
premises hereby
granted unto the purchasers their executors administrators and assigns in
equal
'Undivided moieties as' tenants in common and not as joint tenants for
all the estate
and interest of the promoters and each of them therein And each of them
the
promoters cloth hereby for himself his heirs executors and administrators
covenant
with each of them the purchasers his executors administrators and assigns
respect-
ively that notwithstanding anything by them the said respective
covenanting parties
respectively done omitted or knowingly suffered they the promoters now
have power
to grant all the said premises hereinbefore granted in manner aforesaid
free from
incumbrances And that all the said premises may be quietly entered into
and held
and enjoyed by the purchasers and each of them their and each and every
of their
executors, administrators and assigns without any interruption by the
promoters or
any person claiming through or in trust for them or any or either of them
And that
they the promoters arid the survivors or survivor of them and every
person lawfully
claiming through or in trust for them or him will at all times at the
cost of the
purchasers or one of them their or some or one of their executors
administrators or
assigns execute and do all such assurances and things for further or
better assuring
all or any of the said premises unto the purchasers their executors
administrators
and assigns as by them shall be reasonably required In witness whereof
the said
patties hereto have hereunto set their hands and seals the day and year
first above
written Received the day and year first above written of and from the
above named
I~HINEAS RYRIE a11d ALEXANDER FINDLAY SMITH the sum of two thousand
dollars
being the consideration money above expressed to be paid by them to us'

Tow, it is ordered that the assent and approval of ~theGovernor in
Council be given
atld,such assent and approval is hereby given to the said proposed grant.
.

Notification by flee Governor in Council under section 25 of'the Tramways
Ordinance, 1853, made and gazetted 26th May, 1888.

Whereas the Surveyor General has certified that the tramway described as
tramway
N0. 6 in section 5 of The Tramways Ordinance, 1883, is fit for public
traffic, it is hereby
'l'ramzvays.

notified that the same is authorised, and tie same is hereby authorised
to be apenckd for
such traffic. .

INoTE.-The tramway was closed to public tra ffl-e from the endof.4fay to
the 26th. July,
188, owing to repairs necessitated by storm damage.

'Notification by tlae Governor in Council under section 2j of the Tramways
Ordinance, 1883, made and gazetted 106th July, 1889.

Whereas the Surveyor G©nerril has cortified that the tramway described as
tramway
1`x'0. 6 in section 5 of the Tramways Ordinance, 1888, is fit for public
traffic, it is hereby
notified that the same is authorised, and the same is hersby authorised
to be opened for

such traffic.

Regulations made the 16th day of December, 18&'9, by the Governor
in auncil, under the Tramways Ordinance, 1883, section 42,
gazetted the 21 st December, 1889.

I, These regulations shall apply to the high level tramway described as
tramway Application.
No. fi in '!'he Tramways Ordinance 1883 and the expression the company
shrill mean

the Hongkong High Level Tramways Company Limited. '

2, No passenger carriage of the company now in use shall carry at one
tine more
than forty passengers, but in reckoning the number of passengers two
children'under the

age of 12 years not in arms shall count as one passenger and babies in
..grins and the
servants of the cotnphny riot exceeding two in number actually employed
on any such

n

carriage shall not be .included.

Number of
passengers to be
carried on tram
car.

3, The weight of any luggage foods or7 mevchandize of any description
whatever
conveyed by any passenger carriage together with the weight of the
passengers in such
carriage (who for this purpose shall be held to weigh 1401bs. each) shall
not exceed 21
tans. Nor shall any luggage goods or mexehandize be conveyed in any truck
or waggon

Luggage, only to
be carried on
passenger car;
under certain
conditions.

attached to any passenger carriage,

4, Except at the terminus at St. John's Place and at Victoria Gap, no
carriage No stoppage for
passengers
shall- stop at any glhee nor shall any place be used for the purpose of
taking up or, eR~ept at
authorised
depositing passengers unless such place has been certified by the
Surveyor General as-, stations.
safe and suitable for the purpose,.. and any such place when so certified
shall be kept and
maintained by the company in constant good order and condition.
watchmen to be
Amployed to
prevent abstrnc-
tLo.s.

Time of Inspec-
tion and testing
ofcarriages &c.,
.ofmachinery &;c.

Notice of altera-
Bons or changes
in machinery &e.

ORDINANCE No: 6 of 1883.

Tramways.

~~, The company shall keep one or more competent watchmen employed at all
times
when the carriages are running to prevent any stones dirt wood refuse or
other materials
or any obstruction from acing placed on the permanent way and rails and
to remove any
such materials or obstruction's therefrom.

6. The carriages trucks and waggons of the company and tire machinery
therein
now in use shall: hereafter be inspected and tested by the Surveyor
General or any officer
or officers appointed for the purpose by the Governor in Council in the
month of January
and the mouth of June in every year and tire engines ropes and other
machinery of the
tramway shall be also inspected and tested as aforesaid in the month of
June in

every dear.

7. The company shall give one month's notice in writing to the Surveyor
General
of every intended change or,alteration of or in any engine or carriage
used on the said
tramway or any machinery therein or of or in the permanent way and rails
and the
Surveyor General may if he think fit require the same to be tested and
may where the
circumstances of the case permit allow any such change or alteration to
be made prior to

11
the expiration of such notice as aforesaid.

Velocity of $. No carriqge truck or waggon shall travel at a greater speed
than 8 miles an
esanriages.
hour and the company shall as soon as practicable and Anot later than six
months from
the date of these regulations fix and maintain on every carriage iruck or
waggon in use
on the line-an automatic brake for the purpose of regulating the speed
thereof.
Yenait)K for \ 9. Every breach of any of these regulations shall be an
offence against the said.
;~rea~ch otregafa,- ordinance and shill render the company liable to a
penalty not exceeding CIO and for
Bonn.,:
any continuing offence to a penalty not exceeding $5 for every day during
which the
offence continues.

Additional regulation grade by the Governor in Council., tinder the
provisions
of section 42 of~ Ordinance No. 6 of .i'883, the 26th Tune, .890.

(Gazette 5th July; X890.)

Regulation No. 8 of the 16th day of December, 1889, is hereby annulled
and in lien
thereof the following regulation shall be substituted :-

11 No carriage truck or waggon shall, travel at a greater speed than 8
miles an hour
and the company shall as soon as practicable and not later than six
months from the
date of these regulations fix, and maintain a proper brake or brakes for
the purpose of
regulating tire speed thereof. Such broke shall be deemed a proper brake
when certified
try the Surveyor General as in his opinion suitable and sufficient:'
1669
Writs in Crown suits and distress to have precedence.
Property seized under writ or warrant of Supreme Court.
If execution satisfied, distress warrant may be executed.
Persons allowed to apply for distraint.
1670
Where several parties interested one of them may institute proceedings.
Production of authority.
Removal of property under distraint.
1671
Removal of property liable to distraint.
Seizure of property that is being removed.
Property sold bond fide may be restored.
Fraudulent removal.
1672
Police may stop removal of furniture.
Protecting clause.
Exemptions.
Interpretation clause.
Suspending clause.
1675
Preamble.
Repeal.
1676
Ordinance 1 of 1879 amended.
Ordinance 7 of 1879 amended.
1677
Unlicensed smoking divans.
Opium dross farmer or Colonial Secretary may grant licences for smoking divans.
1678
Repeal.
Vehicle to observe the rule of the road.
Refusing to pay fare, &c.
Compensation addition to other penalty.
Suspending clause.
1679
Preamble.
Short title.
Interpretations.
Government.
The promoters.
Common seal.
Owner.
Lands.
Lease.
The Court.
Judge.
Road.
1680
Carriage.
The works.
Promoters.
Power to assign.
Construction of tramways.
1682
[See Notification No. 219 Gazette 26th May, 1888, and Notification No. 327 Gazette 26th July, 1889.]
Power to deviate tramway No. 6.
Plans.
Power to lay single line where double line authorized.
1683
Power to widen certain bridges, &c.
Power to make additional crossings, &c.
Tramways to be in middle of road, &c.
1684
Gauge of tramways Nos. 1 , 2, 3, 4, and 5.
Gauge of tramway No. 6.
Power to break up roads.
Completion of works, and reinstatement of road.
1685
Further provisions as to construction of tramways.
Repair of roads on which tramways laid.
1686
Penalty for not maintaining rails at their proper level and in good condition.
Temporary tramways may be made when necessary.
1867
Application of road materials excavated in construction of works.
Provision as to gas and water companies, &c.
1689
For protection of sewers, &c.
1890
Rights of companies, &c. to open roads.
1691
Difference between company and others (other than the Surveyor General.)
Differences between company and Surveyor General.
1692
Tramways not to be opened until certified.
Cesser of powers in certain events.
1693
Licences to third parties to use tramways.
1694
Penalty if default made by licensee in payment of tolls.
Licences to give account of passengers.
Penalty for not accounting.
Disputes as to tolls to be settled by Magistrate.
1695
Licences liable for damage.
Discontinuance of tramways by the company.
1696
Proceedings in case of insolvency of company.
Purchase by Government of tramways.
1697
Carriages of tramways Nos. 1, 2, 3, 4 and 5 may be moved by animal, steam, or mechanical power.
Motive power of tramway No. 6.
Powers to authorities to inspect engines, &c.
1698
Penalty for using steam or mechanical power contrary to Ordinance or regulations.
Rule of the road.
Bye-laws.
1700
Penalty may be imposed in regulations, or bye-laws.
Company may use flange-wheeled carriages.
Power to sell.
1701
Power to lease.
Power to mortgage.
Rights of Government.
Government to pay tolls.
1702
Traffic upon tramways.
Company not bound to carry goods.
Title.
Distance covered by tolls.
1703
If carriages full, company not bound to carry.
Passengers' luggage.
Tolls for animals, goods, &c.
Payment of tolls.
On abandonment road to be reinstated.
1704
Offences.
Further offences.
Further offences.
1705
Transient offenders.
Penalty for bringing dangerous goods on tramways.
Penalty for using tramways with flange-wheeled carriages.
Power t purchase lands by agreement.
Parties under disability enabled to sell and assign.
1706
Parties under disability to exercise other powers.
Compensation where parties are under disability.
1707
Part of capital to be subscribed before compulsory powers exercised.
Notice of intention t take lands.
Particulars of claim to be delivered.
Company to state what compensation they will pay.
1708
Compensation to be determined by suit.
Writ to issue.
[* 3.]
Special indorsement.
Application for reference.
Practice to be followed.
1709
Costs.
How compensation to absent parties to be determined.
Damage for severance, &c., may be included in compensation.
Where compensation to absent party has been ascertained as aforesaid the party may have the same determined as in other cases of disputed compensation.
1710
Question to be determined.
If further sum determined company to pay same into Court within fourteen days.
Cost of the enquiry.
Compensation where no satisfaction previously made, how to be settled.
Purchase-money payable to parties under disability exceeding $1,000 to be paid into Court.
1711
Application of monies paid in.
Order for application and investment meanwhile.
Suns form $100 to $1000 to be paid into Court, or to trustees.
1712
Sums not exceeding $100 to be paid to parties.
Application of compensation to parties not absolutely entitled.
Court to direct application of money in respect of life interests, &c. in lands.
Upon payment being made, the owners of the lands to assign, or in default the lands to vest in the company by deed.
1713
Where parties refuse to assign or do not show title, or cannot found, the purchase-money to be paid into Court.
Upon payment into Court being made, the lands to vest upon a deed being executed.
1714
Application of monies so paid into Court.
Party in possession to be deemed the owner.
Costs in cases of money paid into Court.
1715
Assignments.
Cost of assignments.
Taxation of costs of assignments.
1716
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.
1717
Monies to remain as a security, and to be applied under the direction of the Court.
1718
Penalty on the company entering upon lands without consent before payment of the purchase-money.
1719
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.
1720
Payment into Court of mortgage money on refusal to accept.
1721
Sum to be paid when mortgage exceeds the value of the lands.
Payment into Court of money when refused on tender.
1722
Sum to be paid where part only of mortgaged lands taken.
Payment into Court of money when refused on tender.
1723
Compensation to be made in certain cases, if mortgage paid off before the stipulated time.
1724
Release of lands from rent-charges.
Release of part of lands from charge.
Payment into Court in case of refusal to release.
1725
Charge to continue on lands not taken.
Where part only of lands under lease taken the rent to be apportioned.
1726
Tenants to be compensated.
Compensation to be made to tenants from year to year, &c.
Where greater interest claimed than at will, lease to be produced.
1727
Limit of time for compulsory purchase.
Company empowered to purchase interests in lands, the purchase whereof may have been omitted by mistake.
1728
How value of such lands to be estimated.
Company to pay the costs of litigation as to such lands.
Lands not wanted to be sold, or in default to vest in the Crown.
Service of summons, &c.
Form and delivery of notices.
1729
Tender of amends.
Recovery of tolls, &c.
1730
By distress.
Application of penalties.
Distress not unlawful for want of form.
1731
Tolls, &c. to be sued for within six months.
Power to summon witnesses.
Form of conviction.
Proceedings not to be quashed for want of form.
Appeal.
[See Ord. No. 10 of 1890.]
False witnesses.
Company to be responsible for all damage.
1732
Right of user only acquired.
Power to Police to regulate traffic.
Rights of public reserved.
Saving for general Ordinances.
Reservation of rights of the Crown.
Suspending clause.
1733
Break power of engines.
As to fittings of engines.
1737
[*Ord. No. 18 of 1883.]
1743
Application.
Number of passengers to be carried on tram car.
Luggage, only to be carried on passenger car, under certain conditions.
No stoppage for passengers except at authorised stations.
1744
Watchmen to be employed to prevent obstructions.
Time of inspection and testing of carriages &c., of machinery &c.
Notice of alterations or changes in machinery &c.
Velocity of carriages.
Penalty for breach of regulations.

1669
Writs in Crown suits and distress to have precedence.
Property seized under writ or warrant of Supreme Court.
If execution satisfied, distress warrant may be executed.
Persons allowed to apply for distraint.
1670
Where several parties interested one of them may institute proceedings.
Production of authority.
Removal of property under distraint.
1671
Removal of property liable to distraint.
Seizure of property that is being removed.
Property sold bond fide may be restored.
Fraudulent removal.
1672
Police may stop removal of furniture.
Protecting clause.
Exemptions.
Interpretation clause.
Suspending clause.
1675
Preamble.
Repeal.
1676
Ordinance 1 of 1879 amended.
Ordinance 7 of 1879 amended.
1677
Unlicensed smoking divans.
Opium dross farmer or Colonial Secretary may grant licences for smoking divans.
1678
Repeal.
Vehicle to observe the rule of the road.
Refusing to pay fare, &c.
Compensation addition to other penalty.
Suspending clause.
1679
Preamble.
Short title.
Interpretations.
Government.
The promoters.
Common seal.
Owner.
Lands.
Lease.
The Court.
Judge.
Road.
1680
Carriage.
The works.
Promoters.
Power to assign.
Construction of tramways.
1682
[See Notification No. 219 Gazette 26th May, 1888, and Notification No. 327 Gazette 26th July, 1889.]
Power to deviate tramway No. 6.
Plans.
Power to lay single line where double line authorized.
1683
Power to widen certain bridges, &c.
Power to make additional crossings, &c.
Tramways to be in middle of road, &c.
1684
Gauge of tramways Nos. 1 , 2, 3, 4, and 5.
Gauge of tramway No. 6.
Power to break up roads.
Completion of works, and reinstatement of road.
1685
Further provisions as to construction of tramways.
Repair of roads on which tramways laid.
1686
Penalty for not maintaining rails at their proper level and in good condition.
Temporary tramways may be made when necessary.
1867
Application of road materials excavated in construction of works.
Provision as to gas and water companies, &c.
1689
For protection of sewers, &c.
1890
Rights of companies, &c. to open roads.
1691
Difference between company and others (other than the Surveyor General.)
Differences between company and Surveyor General.
1692
Tramways not to be opened until certified.
Cesser of powers in certain events.
1693
Licences to third parties to use tramways.
1694
Penalty if default made by licensee in payment of tolls.
Licences to give account of passengers.
Penalty for not accounting.
Disputes as to tolls to be settled by Magistrate.
1695
Licences liable for damage.
Discontinuance of tramways by the company.
1696
Proceedings in case of insolvency of company.
Purchase by Government of tramways.
1697
Carriages of tramways Nos. 1, 2, 3, 4 and 5 may be moved by animal, steam, or mechanical power.
Motive power of tramway No. 6.
Powers to authorities to inspect engines, &c.
1698
Penalty for using steam or mechanical power contrary to Ordinance or regulations.
Rule of the road.
Bye-laws.
1700
Penalty may be imposed in regulations, or bye-laws.
Company may use flange-wheeled carriages.
Power to sell.
1701
Power to lease.
Power to mortgage.
Rights of Government.
Government to pay tolls.
1702
Traffic upon tramways.
Company not bound to carry goods.
Title.
Distance covered by tolls.
1703
If carriages full, company not bound to carry.
Passengers' luggage.
Tolls for animals, goods, &c.
Payment of tolls.
On abandonment road to be reinstated.
1704
Offences.
Further offences.
Further offences.
1705
Transient offenders.
Penalty for bringing dangerous goods on tramways.
Penalty for using tramways with flange-wheeled carriages.
Power t purchase lands by agreement.
Parties under disability enabled to sell and assign.
1706
Parties under disability to exercise other powers.
Compensation where parties are under disability.
1707
Part of capital to be subscribed before compulsory powers exercised.
Notice of intention t take lands.
Particulars of claim to be delivered.
Company to state what compensation they will pay.
1708
Compensation to be determined by suit.
Writ to issue.
[* 3.]
Special indorsement.
Application for reference.
Practice to be followed.
1709
Costs.
How compensation to absent parties to be determined.
Damage for severance, &c., may be included in compensation.
Where compensation to absent party has been ascertained as aforesaid the party may have the same determined as in other cases of disputed compensation.
1710
Question to be determined.
If further sum determined company to pay same into Court within fourteen days.
Cost of the enquiry.
Compensation where no satisfaction previously made, how to be settled.
Purchase-money payable to parties under disability exceeding $1,000 to be paid into Court.
1711
Application of monies paid in.
Order for application and investment meanwhile.
Suns form $100 to $1000 to be paid into Court, or to trustees.
1712
Sums not exceeding $100 to be paid to parties.
Application of compensation to parties not absolutely entitled.
Court to direct application of money in respect of life interests, &c. in lands.
Upon payment being made, the owners of the lands to assign, or in default the lands to vest in the company by deed.
1713
Where parties refuse to assign or do not show title, or cannot found, the purchase-money to be paid into Court.
Upon payment into Court being made, the lands to vest upon a deed being executed.
1714
Application of monies so paid into Court.
Party in possession to be deemed the owner.
Costs in cases of money paid into Court.
1715
Assignments.
Cost of assignments.
Taxation of costs of assignments.
1716
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.
1717
Monies to remain as a security, and to be applied under the direction of the Court.
1718
Penalty on the company entering upon lands without consent before payment of the purchase-money.
1719
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.
1720
Payment into Court of mortgage money on refusal to accept.
1721
Sum to be paid when mortgage exceeds the value of the lands.
Payment into Court of money when refused on tender.
1722
Sum to be paid where part only of mortgaged lands taken.
Payment into Court of money when refused on tender.
1723
Compensation to be made in certain cases, if mortgage paid off before the stipulated time.
1724
Release of lands from rent-charges.
Release of part of lands from charge.
Payment into Court in case of refusal to release.
1725
Charge to continue on lands not taken.
Where part only of lands under lease taken the rent to be apportioned.
1726
Tenants to be compensated.
Compensation to be made to tenants from year to year, &c.
Where greater interest claimed than at will, lease to be produced.
1727
Limit of time for compulsory purchase.
Company empowered to purchase interests in lands, the purchase whereof may have been omitted by mistake.
1728
How value of such lands to be estimated.
Company to pay the costs of litigation as to such lands.
Lands not wanted to be sold, or in default to vest in the Crown.
Service of summons, &c.
Form and delivery of notices.
1729
Tender of amends.
Recovery of tolls, &c.
1730
By distress.
Application of penalties.
Distress not unlawful for want of form.
1731
Tolls, &c. to be sued for within six months.
Power to summon witnesses.
Form of conviction.
Proceedings not to be quashed for want of form.
Appeal.
[See Ord. No. 10 of 1890.]
False witnesses.
Company to be responsible for all damage.
1732
Right of user only acquired.
Power to Police to regulate traffic.
Rights of public reserved.
Saving for general Ordinances.
Reservation of rights of the Crown.
Suspending clause.
1733
Break power of engines.
As to fittings of engines.
1737
[*Ord. No. 18 of 1883.]
1743
Application.
Number of passengers to be carried on tram car.
Luggage, only to be carried on passenger car, under certain conditions.
No stoppage for passengers except at authorised stations.
1744
Watchmen to be employed to prevent obstructions.
Time of inspection and testing of carriages &c., of machinery &c.
Notice of alterations or changes in machinery &c.
Velocity of carriages.
Penalty for breach of regulations.

https://oelawhk.lib.hku.hk/items/show/432

1890

v3

No. 6 of 1883

76