TRAMWAYS ORDINANCE, 1883

TRAMWAYS ORDINANCE, 1883

ORDINANCE NO. 2 OF 1883

Tramways Ordinance, 1883

AN ORDNIANCE for authorizing the Construction of certain Tramways within the colony.
[3rd November, 1883]
BE it enacted by the governor of Hongkong, with the advice of the legislative
council thereof, as follows:-
1. This ordinance may be cited as the Tramways Ordinance, 1883
2. In this ordinance, unless the context other requieds,-
'the government' meas the governor acting on behalf of
her majesty, her successors or assigns, or on behalf of the goverment
of the colony:
'the promoters' mean the promoters hereinafter named;
'common seal' means, if the assignees from the promoters under
the power hereinafter contained are a corporation, the common
seal of such corporation, or, if they are not a corporation, the hands
and seals of such assinees or any two of them;
'owner' or 'owners' means or mean any person or persons or
corporation who, under the provisions of this ordinance, is or are
enabled to sell and assign lands to the company hereinafter defined;
'lands' extend to messuages, lands tenements, and hereditaments
of any tenure:
'lease' includes a sub-lease and an agreement for a lease or sublease;
'the court' means the supreme court of the colony;
'judge' means one of the judges of the court;
'road' means any roadway over which the tramways authorized
by this ordinance pass, and the roadway of any bridge forming part
of or leading to the same;
'carriage' or ' carriages' includes or include all carriages, cars,
and trucks used upon any tramway;
'the works' or 'the undertaking' mean or means the works or
undertaking of whatever nature which by this ordinance are or is
authorized to be executed.
Promoters.
3 the honourable francis bulkeley johnson, of victoria i nthis
colony, frederick david sassoon, of the ame place, equire, charles
vincent smith, of the same place, equire, and william kerfoot 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.
4 the promoters may, with the assent and approval of th governor-
in-council, grant the right to construct and maintain any one or more
of the tramways hereby authorized to be made, and all or any of the
privileges hereby conferred, without receiving any valuable consideration
therefor or for any consideration 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 may think fit, and may, with the approval of the governor-
in-council, upon failure of any subsequent grant, if thereunto authorized by the
terms of such original or subsequent grant, rvoke the same, and regrant
all or any such rights and privileges, and so much of any trmway
as may be construceted, on such terms and conditions as to them
may seen fit, and all and every the assignees or assignee for the time
being from the promoter, whether a corporate body or not, are and is
hereinafter included in the expression and referred to as the company.
Construction of Tramways
5-(1) the company may construct and maintain, subject to the
provisions of this ordinance and in accordance wih the plans which
have been deposited as hereinafter mentioned, the tramways hereinafter
described, with all proper stations, crossings, passing-places, sidings,
junctions, rails, turn-tables, plates, offices, weigh-brighes, sheds, works, and conveniences connected therewith or for the purposes therof, and
may work and use the same.
(2) the tramsways authorized by this ordinance are:-
(a) tramway No.1. - a single line, one mile, two furlongs, 4.24
chains in length, commencing at the north-west corner of inland
lot no.471, thence passing along the praya east, wanchai
road, and queen's road east, and terminating at a point
opposite the entrance to the eastern market, at the junction
with tramway no.2;
(b) 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 tramway no.1 at
its termination, thernce passing along Queen's road east, queen's
road central, and queen's road west, and terminating at a
point opposite inland lot no.219, at the junction with tramway
no.3;
(c) tramway no.3. - a single line, three furlongs, 2.77 chains in
length, commencing at a point opposite inland lot no.219 at
the junctionwiht tramway no.2 at its termination, thence
passing along queen's road west, and terminating at a point
oposite marine lot no.81, at the junction with tramway no.4;
(d) tamway no.4 - whichever of the two following lines the
company may desire to construct and maintain; that is to say,-
(i) a single line, three furlongs, 7.82 chains in length, commencing
at a point oppsite marine lot no.81, at the junction
with tramway no.3 at its termination, thence passing along
that part of centre street which lies between queen's road
west and praya west, thence along praya west and terminating
at a point in the roadway there opposite the northern
end of an imaginary line separating marine lot no.189 from
marine lot no.190; and
(ii) a single line, one furlong, one chain in lenght, commencing
at a point opposite marine lot no.81, at thejunction
with tramway no.3 at its termination, thence passing along
queen's road west to a point opposite the southern entrance
of the premises know as the sailors' homeon inland
lost no.187A;
(e) tramway no.5. - a single lin, four miles, two furlongs in
length, commencing at the north-west corner of inland lot
no.471, thence passing along the shaukiwan road to a point
on the north side of and opposite to the eastern side of shaukiwan
lot no.7; and (f) tramway no.6 - a partly single and partly double line, commencing on
the south side of the south-west boundary of the
war department land at its junction with garden road, thence
passing in a southerly direction up the hillside to victoria
gap, crossing over kennedy and plantation roads by means of
bridges, and terminating at victoria gap, at a point on the
north side of farm lot no.53;
provided that such alterations as the company may think fit may be
made in the position of the rail-tracks of tramway no.6 as shown on
the deposited plan thereof, such alterations being within the limits of
deviation shown on the said last-mentioned plan.
6 the plans hereinbefore referred to as having been depostied are
the plans nos. 1 to 6, 6a and 7 to 20 inclusive, deposited by the
promoters in the officer of the surveyor general.
7 where a double line of tramway is hereby authorized to be laid
down, it shall not be compulasory on the company to lay down a doubld
line, but it may, at its discretion, lay down in the first instance a single
line of tramway in lieu of such double line, and may, at the like discretion,
at any time thereafter, convert such last-named single line into the
double line hereby authorized to be laid down: provided always that
if the working of any double line is considered by the governor-in-
council dangerous or inconvenient, the goveror-in-council may, by
order, direct the company 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 may by such order approve of.
8 subject to the approval of the goveror-in-council being first
obtained, the company may, in the construction of the above tramways
or any of them, alter the level of and widen the bridge known as
bowrington bridge, 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 no.198 and marine lot no.199 at its junction with the said harbour,
or either of the said bridges; and, subject as aforesaid, the company
may, as regards tramway no.6, alter the leverls of the ground on which
the said tramway is laid, make and construct all necessary cuttings and
embankments, bridges, viaducts, culverts, catch-water drains, and other
works, and divert streams: provided always that the earth excavated
and thrown to waste is disposed of in such manner as to prevent its
being washed down by rain into the harbour.
9 subject to the approval of the goveror-in-council being first
obtained, after timely and adequate notification by public advertisement or otherwise of the intention of the company to apply for such approval,
the company may from time to time construct and mainntain, subject to
the provisions of this ordinance and in aaccordance with plans to be previously
deposited by the company in the office of the surveryor general,
all such crossings, passing places, sidings, junctions, turn-tables, and
other works in addition to those particularly specified in and authorized
by this ordinance as may from time to time by approved of by the
goveror-in-council, and may work and use the same.
10 every tramway running over and along any road shall be construced and
maintained as nearly as may be in the middle of such road, and
no tramway shall be laid tha, for a distance of thirty feet or upwrds,
a less space than eight 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 the case of bridges, streets, or
other places where the width may not be sufficient to allow a space of
eight feet on either side, and except where it may be necessary to construct
and maintain loops for enabling the carriages to pass each other
or to construct sidings and curves, all which exceptions shall be subject
to the approval in writing of the surveyor general.
11 tramways nos. 1,2,3,4,and 5 shall be constructed on a gauge
not exceeding three feet six inches in width, and with two steel grooved
rails, which said sails 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 goveror-in-council may from time to
time require the company to adopt and 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 made by
the goveror-in-council for the purpose of carrying out any such
improvements.
12 tramway no.6 shall be constructed on a gauage not exceeding
five feet in width, and with steel rails, which said rails shall, before
being laid down, be approved of by the surveyor general.
13 the 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 up any road, subject to the following
regulations:-
(1) the company shall gvie to the surveyor general notice of its
intention, specifying the time at which it 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 commencement of
the work;
(2) the company 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; and
(3) the company shall leave an interval of at least a quarter of a
mile between any two places at which it may open or break up
the road, and it shall not open or break up at any such place a
greater length than one hundred yards.
14-(1) when the company has opend or broken up any portion
of any road, it shall be under the follwoing further obligations, namely,-
(a) the company shall, with all convenient speed, complete the
work on account of which it opened or broke up the same, and
(subject to the formation, maintneance, renewal, or alteration of,
addition to, or removal of the tramway) fill in the ground, and
make good the surface, and, to the satisfaction of the surveyor
general, restore the road to as good condition as that in which
it was before it was opened or broken up; and
(b) the company shall in the meantime cause the place where the
road is opened or broken up to be fenced and watched and to
be properly lighted at night.
(2) if the company fails to comply with this section, it shall, for every
offence (without prejudice to the enforcement of specific performance of
the requirements of this ordinance or to any other remedy against it),
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.
15 in addition to the requirements of the last preceding section, the
company shall, when it gives notice as aforesaid to the surveyor general
of its intention to open or brake up any road for any of the purposes
aforesaid, lay before the surveyor general a plan showing the proposed
mode of constucting, laying down, maintaining, renewing, altering,
adding to, or removing the tramways or works in respect of which it
proposes to open or break up such road, and a statement of the materials
intended to be used therein; and the company shall not commence the
construction, laying down, maintenance, renewal, alteration, addition
to, or removal of such tramways or works, or any part therof 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 to the satisfaction of the
surveyor general.
16-(1) after and so soon as each of the said tramways has been
opened for public traffic, the surveyor general shall maintain in good
condition 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 rails of he tramway,
and also (where two lines of tramways are laid by the company in any
road at a distance of not more than four feet from each other) the cost
of the maintenance and repair of the portion of the raod 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 trmway.
(2) 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.
(3) the company, before paying any moneys due from it 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
stipulating for the maintenance or repai of any road a proportion of the
cost of maintaining or repairing which it is 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 it is a fit and
proper sum to be paid by it.
17-(1) the company shall maintain in good condition and repair
and at their proper level, so as not to be a danager 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 general from time to time, or at any time hereafter, alters the
level of any road along or across which any of the said tramways is laid,
then and in such event, and so often as the same may happen, the company shall,
at its own expense, alter its rails so that the uppermost surface
thereof shall be on a level with the surface of the road as altered.
(2) if the company makes default in complying with this section, ti
shall for every offence by subject, on conviction, to a penalty not exceeding
twenty-five dollars, and, in case of a continuing offence, to a further
penalty not exceeding ten dollars for every day after th first on which
such default continues.
18-(1) where, by reason of the execution of any work affecting
the 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 part thereof,
the surveyor general shall, before such tramway or any part thereof,
shall be temporarily remvoed or the use thereof discontinued, give to
the company fourteen days' notice at least of the necessity or expediency of
such emporary removal or discontinuance.
(2)immediately on receipt of any such notice, the company may,
subject to such conditions and regulations as the surveyor general may
from timeto 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 trmaway 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 expenses of the company.
19 any paving, metalling, or material excavated by the company in
the construction of its works from any road under the control of the
surveyor general may be applied by it, so far as may be necessary, in
or towards the re-instating of such road, provided such paving, metalling,
or meterial is, in the opinion of the surveyor general, fit and proper to
be used in the re-instating of such road, and all surplus paying, metalling,
or material not used for any of the purposes mentioned in this
section shall be the property of the company, and shall be removed by
it.
20 for the purpose of making, fomring, laying down, maintain,
renwing, altering, adding to, or removing any of its tramways, the
company may from time to time, where it is necessary or appears expedient for the purpose
of prveneting frequent interruption of the traffic
by repairs or works in connexion with the same, alter the position of any
mains or pipes for the supply of gas or water, or any tubes, wires, or
apparatus for telegraphic or other purposes, subject to the following restrictions;
that is to say,-
(1) before the company alters the position of any such mains or
pipes, tubes, wires, or apparatus, it 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 it contemplates altering the position of any such mains or
pipes, tubes, wires, or apparatus or not, give seven days' notice
to the company, persons, ro person to whom such mains or pipes,
tubes, wires, or apparatus may belong of its intention to lay down or
alter the tramway, and shall at the same time deliver a plan and
section of the propsed work. if it appears to such other com-
pany, person, or person that the construction of the tramway s
proposed would endanger any such amin or pipe, tube, wire, ro
apparatus, or interfeere with or impede the supply of water or gas
or the telegraphic or other communication, such other company,
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
or persons; and all alterations to be made under this section
shall be made with as little detriment and inconvenience to such
other company, persons, or person as the circumstances will admit
and underthe superintendence of such other company, persons, or
person or of its, their, or his surveyor or engineer;
(3) the company shall not remove or displace any fo the mains or
pipes, valves, syphons, plugs, tubes, wires, or apparatus, or other
works belonging to any such other company, persons, or person,
or do anythin to impede the passage of water or gas, or the
telegraphic or other communication, into or through such mains
or pipes, valves, syphons, plugs, tubes, wires, or apparatus, without
the consent of such other compay, persons, or person, or in any
other manner than such other company, persons, or person may
approve, until good and sufficient mains or 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 communciation, as sufficiently as the same was supplied
by the mains or pipes, valves, syphons, plugs, tubes, wires, or apparatus,
proposed to be removed or displaced, have, at the expense of the company,
been first made and laid down in lieu
therof and are ready for use, to the reasonable satisfaction of the
surveyor or engineer of such other company, persons, or person
or, in case of disagreement between such surveyor or engineer and
the company, in such manner as the surveyor general, or other
fit and proper person specially appointed by the governor-in-
council, may direct;
(4) the company shall not lay down any such mains or pipes, valves,
syphons, plugs, tubes, wires, or apparatus contrary 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 it to property
belonging to or controlled by any such other company, persons, or
person, and shall make full compensation 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 pepes of any
person supplied by any such other company, persons, or person
with water or gas; and
(6) if, by any such operations as aforesaid, the company interrupts
the supply of water or gas in or through any main pipe for a period
exceeding twelve consecutive hours, it shall be liable to a penalty
not exceeding one hundred dollars for every day on which such
supply is so interrupted.
21-(1) where any tramway, or any work connectedtherewith,
interferes with any sewer, drain, water-course, or sub-way, or in any
way affects the sewerage or drainage of the colony, the company shall
not commence any such tramway or work until it has given to the surveyor
general fourteen days' previous notice in writing of its intention
to do so and has left with such notice all necessary particulars relating
thereto, not until the surveyor general has signified his approval of
the same, unless he does not signify his approval, disapproval, or other
directions within fourteen days after service of the said notice and particulars as
aforesaid.
(2) the company shall comply with the directions of the surveyor
general in the execution of the said works, and shall provide by new,
altered, or substituted works, in such manner as the surveyor general
may require, for the proper protection of, and for preventing injury or
impediement to, the sewers and works hereinbefore referred to by or by
reason of the tramways, and shall save harmless the surveyor general
against the expense occasioned thereby.
(3) all such works shall be done by or under thesuperintendence of
the surveyor general, at the cost and expense of the company.
(4) when any new, altered, or substituted work is 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.
22 nothing in this ordinance shall take away or abridge any power
to open or break up 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,
persons, or person for the doing of any matter or thing, which such
company or such persons or person is, are, or may be authorized to do,
but, in the exercise of such power, every such other company, persons,
or person shall be subject to the following restrictions; that is to say,-
(1) they shall cause as little detriment or inconvenience ot hte company
as circumstances admit;
(2) before they commence any work whereby the traffic on the tramway will be interrupted, they shall (except in a case of urgency,
in which case notice of the commencement of such work shall be
given to the company within twenty-four hours after such commencement) give
to the company and the surveyor general notice
of their intention to commence such work, specifying the time at
which hthey will begin to do so, such notice to be given twenty-four
hours at least before the commencement of the work;
(3) they shall not be liable to pay to the company any compensation
for loss of traffic occasioned thereby or for the reasonable exercise
of the powers so vested in them as aforesaid;
(4) whenever, for the purpose of enabling them to execute such
work, such other company, persons, or person so require, the
company shall either stop traffice on that portion of the tramway
to which such notice refers, where it would otherwise interfere
with such work shall always be completed by such other company,
persons, or person with all reasonable expedition; and
(5) any such other company, persons, or person shall not execute
such work, so far as it immediately affects the tramways, except
under the superintendence of the company, unless the company
does not give such superintendence at the time specified in the
notice for the commencement of the work or permanently discontinues
the same during the progress of the work, and they shall
execute such work at their own expense and to the reasonable
satisfaction of the company.
23 if any difference arises between they company on the one hand,
and any other company or person (other than the surveyor general) to
whom any sewer, drain, tube, wires, or apparatus for telegraphic or
other puposes may belong on the other hand, with respect to any interference
or control exercised or claimed to be exercised by such other
company or person, or on its or his behalf, or by the company, by
virtue of this ordinance, in relation to any tramway or work, or in
realtion to any work or proceding of such other company or person, or
with respect to the propriety or the made of execution of any work
relating to any tramway, or with respect to the amount of any
compensation to be made by or to the company, or onthe question whether any
work is such 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
otherwise specially provided for by this ordinance) be settled by the
governor-in-council, on the application of either party, and the gov-
ernor-in-council may direct that any expense therby incurred shall be
paid by either the parties.
24 if any difference arises between the company on the one hand and
the surveyor general on the other hand with respect to any interference
or control exercised or claimed to be exercised by the company
or the surveyor general, by virtue of this ordinance, in relation to any
tramway or work, or in relation to any work or proceeding of the surveyor
general, or with respect to the propriety or the mode of execution
of any work relating to 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 toehr subject
or thing regulated by or comprised in this ordinance, the matter in
difference shall (unless otherwise specially provided for by this ordinance)
be settled by the governor-in-council, on the application of either party.
25 none of the said tramways shall be opened for publci traffic until
the same has bveen certified to be fit 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 same to be opened for such traffic.
Cesser of Powers in certain events.
26-(1) in the following events, anmely,-
(a) if the company does not, within three yeas after the time at
which it might, under this ordinance, have commenced the construction
of any one or more of the tramways hereby authorized,
complete and open the same for public traffic; or
(b) if, within one year after the time aforesaid, the construction of
any one or more of such tramways is not, in the opinion of the
governor-in-council, substantially commenced; or
(c) if the construction of any one or more of such tramwasys that
sufficient, in the opinion of the governor-in-council, to warrant
such suspension,
the powers herby given to the company for constructing such tramways
so not completed or commenced, or so suspended as aforesaid, or otherwise
in relation thereto, shall cease to be exercised, unless the time is
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 thinks 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 to
whcih all the provisions of this ordinance relating to the discontinuance
of tramways after proof of such discontinuance shall apply, and may be
dealt with accordingly.
(2) a notice published by the governor-in-council in the gazette
declaring that a tramway 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
shall 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 of any tramway, has
been for three years opened for public traffic, it is represented in writing
to the governor-in-council by twenty inhabitant retepayers of the
colony that the public are deprived fo the full benefit of any tramway
or part therof, the governor-in-council may (if he considers that prima
facie the case is one for inquiry) inquire into the matter, and, if satisfied
of the truth of the representation, may from the time to time grant licences
to any company or person to use such tramway in addtion to the company for
such traffic as is authorized by this ordiance, with carriages
to be approved of by the governor-in-council, subject to the following
provisions, conditions, and restrictions; that is to say,-
(1) the licence shall be for any period not less than one year or
more than three years from the date of the licence, but shall be
renewable by the governor-in-council, if he upon inquiry thinks fit;
(2) the licence shall be to use the whole of such tramways for the
time being opened for public traffic or such part or parts of such
tramways as the governor-in-council, having reference to the
cause for granting the licence, may 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 the times at which such carriages shall be run;
(4) the licence shall specify the tolls to be paid to the company, or
to its lessees, by the licensee or licensees, for the use of the
tramways;
(5) the licensee or licensees, and his or their officers or servants, shall
permit one person, duly authorized for that purpose by the company
or its lessees, to ride free of charge in or upon each carriage
of th licensee or licensees run upon the tramways for the




whole or any part of the journey; and
(6) the governor-in-council may, at any time after the granting of
the licence, revoke, alter, or modify the same for good cause shown
to him.
28 if, on demand, any licensee fails to pay the tolls due in respect
of any passengers carried in any carriage, it shall be alwful for the
company or its lessees to whom the same are payable to detain
and sell succh carriage, or, if the same has been removed from the
tramway or premises of the company or its lessees, to detain and sell
any other carriages on such tramway or premises belonging to such
licensee, and out of the moneys arising from such sale to retain the tolls
payable as aforesaid and all charges and expenses of such detention and
sale, rendering the overplus, if any, of such moneys, and such of the
carriages as may remain unsold, to the person entitled thereto.
29 every licensee shall, on demand, give to an officer or servant,
authorized in that behalf by the company or its lessees entitled to be
paid tolls by such licensee, and exact account in writing, signed by such
licensee, of the number of passengers conveyed by any and every carriage
used by him on the tramways.
30 if any such licensee fails to give such account to such officer or
servant demanding the same as aforesaid, or if any such licensee, with
intent to avoid the payment of any tolls, gives a false account, he shall
for every such offence forfeit to the company or its 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.
31 if any dispute arises concerning the amount of the tolls due to the company
or its leessees from any license, or concerning the
provisions herein contained, the same shall be settled by summary
procedure before a magistrate in the manner hereinafter provided for
the recovery of unpaid tolls, penalties, and forfeitures, and it shall be
lawful for the company or its lessees in the meanwhile to detain the
carriage or, if the case so requires, the proceeds of the sale thereof.
32. every licensee shall be answerable for any trespass or damage
done by this carriages or hosres or by any of the servants or persons
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, on such conviction, every such licensee shall pay to the company,

lessees, or persons injured, as the case may be, the damage, to be ascertained by
such magistrate, so that the same does not exceed two hundred
and fity dollars.
Discontinuance of Tramways.
33-(1) if, at any time after the opening of any tramway for traffic,
the company discontinues the working of such tramway or of any part
thereof for the space of six months, (such discontinuance not being
occasioned by circumstances beyond the control of the company, for
which purpose the want of sufficient funds shall not be considered a
circumstance beyond its control), and such discontinuance is proved to
the satisfaction of the governor-in-council, the governor-in-council
may, by order, declare that the powers of the company in respect of such
tramway, or the part therof so discontinued, shall, from the date of such
order, be at an end, and thereupon the same are purchased by the government in the manner
provided by this ordinance.
(2) where any such order has been 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 amking good of the road by the surveyor general,
such cost to be certified by the surveyor general, whose certificate shall
be final and conclusive.
(3) if th company fails to pay the amount so certified within two
months after delivery to it 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
receovery of the amount), sell and 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 a foresaid 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, at any time after the opening of any tramway for tarffic, it apperas
to the governor-in-council taht the company is insolvent, so that
it is unable to maintain such tramway or work the same with advantage
to the public, the governor-in-council may inquire into the financial
affairs of the company, and if the governor-in-council is of opinion that
the company is sos insolvent as aforesaid, he may, by order, declare that the powers of the company shall, at the expiration of six months from
the making of the order, be at an end, and the powers of the company
shall cease and determine at the expiration of the said period, unless the
same are purchsed by the government in the manner provided by this
ordinance, and thereupon the surveyor general may remove the tramway
in like manner and subject to the same provisions as the payment
of the cost of such removal,, and to the same remedy for recovery of
such cost in every respect, as in cases of removal under the last pre-
ceding section.
Purchase of Tramways.
35-(1) the governor-in-council may, within six months after the expiration
of a period of twenty-one years from the time when the company
was empowered to construct the said tramways, and within six
months after the expiration of every subsequent period of seven years, or
within three months after any order made by the governor-in-council
under either of the last two preceding section, by notice in writing require
the company to sell, and thereupon the company shall sell, to the government
its undertaking, on the terms of paying the then value (exclusive
of any allowance for past or futujre profits of the undertaking or any compensation
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 it for the purposes of its undertaking,
such value to be, in case of difference, determined upon petition
to the court in a summary way.
(2) when any such sale has been made, all the rights, powers, and
authorities of the company in respect of the undertaking sold, or, where
any order has been made by the governor-in-council under either of the
last tow 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 tramways Nos. 1,2,3,4,and 5 may be moved
by animal, steam, or any mechanical power: provided always
that the exercise of the powers by this section conferred with respect to
the use of steam or any mechanical power shall subject to the regulations
set forth in the first schedule to this ordinance, and to any regulations
which may be added hereto or substituted therefor by any order which
the governor-in-council is hereby empowered to make
from time to time, as and when he may think fit, for securing to the
public all reasonable protection against danger in the exercise of the




powers hereby conferred with respect to the use of steam or any mechanical
power on the said tramways: provided, also, that before the
company or any person uses steam or any mechanical power under
this ordinance, it or he shall give tow motnhs' previous notice of its or
his intention to do so the governor-in-council.
37 the carriages used on tramway no.6 may be moved by means
of locomotive or stationary engies and steel-wire ropes, or by such
other mechanical power as the governor-in-council may approve of.
38 every carriage used on any of the tramways shall be so con-
structed as to provide for the safety of passengers and for their safe
entrance to, and exit from, and accommodation in such carriage and
their protection from the machinery used for drawing or propelling such
carriage.
39 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
the machinery therein, and also any rope or other machinery ofthe said
tramways, and report thereon; and the governor-in-council may, by
order, prohibit the use on the tramways, or any of them, of any such
engine, carriage, rope, or machinery which may be determined to be
unsafe or unfit for use.
40-(1) 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 regulations set
forth in the first schedule to this ordinance, or to any regulations added
thereto or substituted therefor as aforesaid, shall for every such offence
be subject to a penalty not exceeding fifty dollars, and also, in the case
of a continuing offence, a further penalty not exceeding twenty-vie dollars
for every day after the first during which such offence continues: provided
that, whether any such penalty has been recovered or not, the governor-in-council,
in case it is determined that the company or any
person using steam or any mechanical power on the tramways under the
authority of this ordinance has made default in complying with the
provisions of this ordinance, or (where the same are applicable) with
any of the regulations set forth in the first schedule to this ordinance,
'or with any regulations which may have been added thereto or substitutedd
therefor as aforesaid, may, by order,direct the company or such
person to cease to exercise the powers aforesaid, and thereupon the company
or such perosn shall cease to txercise the powers aforesaid, and
shall not again exercise the same except with the authority of the
governor-in-council.

(2) in every such case the governor-in-council shall make a special
report to her majesty's principal secretary of state for the colonies
notifying the making of such order.
41 where a bouble line of rails is laid, every engine and carriage
travelling in one direction over one of such double lines shall pass every
engine and carriage travelling in the oppoiste direction over the other
of such double lines on its right side, except that, where necessary, any
engine or carriage may from time to time pass and repass from one line
to the other.
Regulations and By-laws.
42-(1) subject to this ordinance, the governor-in-council may from time to
time make, and, when made, may reseind, annul, or add
to, regulations with regard to any of the tramways for regulating the
working and control of the tramways as well as for any of the following
purposes; that is to say,-
(a) for regulating the sue of the warning appaaratus affixed to the
engines;
(b) for regulating the emission of smoke or steam fro mthe engines;
(c) for providing that engines and carriages shall be brought to a
stand at such places, and in such cases of impending danger, as
the governor-in-council may deem proper for securing safety;
(d) for regulating the entrance to, exti from, and accommodation
in the carriages and the protection of passengers from the
machinery of any engine used for drawing or propelling such
carriages;
(e) for regulating the rate of speed of the engines and carriages:
provided that the speed as regards tramways nos. 1,2,3, and 4
shall not (unless another rate is authorized by the governor-in-council
under the authority of this section) exceed the rate
of eight miles an hour, and, as regards tramways nos. 5 and 6,
shall not exceed the rate of ten miles an hour, and that no
engine or carriage may pass through movable facing paoints at
a pace exceeding the rate of four miles an hour: provided, also,
that, as regards tramways nos. 1,2,3, and 4, the governor-in-council
may, if he thinks fit to do so, authorize the maximum
rate of speed to be increased to a rate not exceeding the rate of
ten miles an hour;
(f) for the stoppig of carriages using the tramways;
(g) for providing for the du publicity of all regualtions and by-
laws for the time being relating to the tramways, by exhibition
thereof in conspicuous place; and (h) for providing for the safety of the public in all cases in which
it may appear to the governor-in-council that such safety is or
is likely to be endangered or imperilled.
(2) subject to this ordinance, the company may from time to time
make by-law-
(a) for preventing the commission of any nuisance in or upon any
carriage or in or against any premises belonging to the company;
and
(b) for regulating the travelling in or upon any carriage belonging
to the company,
and from time to time repeal or alter such by laws and make new by-laws.
(3) notice of the making of any regulations by the governor-in-council
or of any by-laws by the company shall be published once in
two consecutive weeks in the gazette, within one month after the making thereof.
(4) a true copy of every by-law shall, one month at least before the
same shall come into operation, be sent to the governor by the company.
43 andy such regulation or by-law may impose penalties for offences
against the same, not exceeding ten dollars for each offence, with or
without penalties for continuing offences, not exceeding for any continuing
offence five dollars for every day during which the offence continues;
but all by-laws shall be so framed as to allow in every case part only of
the maximum penalty being ordered to be paid.
Carriages and Engines.
44-(1) the company may ise on its tramways carriages with
flange-wheels or wheels suitable only to run on the rails of its tramways,
and, subject to this ordinance, the company shall have the exclusive use
of its tramways for carriages with flange-wheels or other wheels suitable
only to run on the said rails.
(2) no carriage or engine used on any of tramways nos. 1,2,3,4, and
5 shall exceed six feet four inches in width.
Power to sell Undertaking
45-(1) subject to the approval of the governor-in-council being
first obtained (but not otherwise), the company may, at any time and
from time to time, sell, assign, or absolutely dispose of its 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 may think fit,
with power at any such sale to fix a reserve price for or buy in the same.
(2) when any such sale, assignment, or absolute disposal has been
made, all the rights, powers, authorities, obligations, and libailities of
the company in respect to the undertaking, or part of parts thereof,
sold, assigned, or absolutely disposed of shall be transferred to, vested
in, and may be exercised by, and shall attach to, the person or person,
corporation or company, to whom the same has or have 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 thme or it by this ordinance,
and in reference to the same he or they or it sahll be deedmed to be the
company.
Power to let Undertaking
46 subject to the approval of the governor-in-council being first
obtained (but not otherwise), in the company may, at any time and from
time to time, demise its undertaking, or any partor parts threof, 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 rents, and on such terms and conditions in all respects as the company
may think fit to adopt, to take effect either in possession or at
some futrue date, and either with or without a premium or premiums as
a consideration or considerations for such demise or demsides.
Power to mortgage Undertaking.
47 it shall be lawful for the company, at any time or from time to
time, to borrow money on mortgage of all or any part of its undertaking,
and for that purpose to assign or demise by way of mortgage all or any
portion of its lands, messuages, or tenements, erections, buildings, workks,
rolling stock, plant, machinery, chattels, and effects to any person or
persons, corporation or company, and to enter into all such convenants,
provisoes, declarations, and agreements as th company may think fit or proper.
Privilege of Government.
48 the governor-in-council may, at any time ortimes and at all
times, by order, direct that precedence over the company and all other
persons in the useer of the tramways hereby authorized, or any or either
of them, be taken for defensive or military purposes or for the passage
of troops and war material, on giving the company, on each occasion
of such user, three clear days' notice.
49 the governor-in-council shall direct the paymetn to the company for
such user as aforesaid of such tolls as may be agreed on, or, if
no agreement is come to, then the amount of such tolls to be paid shall
be determined upon petition to the court in a summary way.
Traffic upon Tramways.
50 the tramways may be used for the purpsed of conveying passengers,
animals, good, merchangdise, minerals, and parcels.
51 save and except passengers' luggage not exceeding sixteen
pounds in weight or one cubic foot in measurement, the company shall
not be bound to carry, unless it thinks fit, any animals, goods, merchandise,
minerals, or parcels.
Tolls.
52-(1) the company may demand and take for passengers the
tolls or charges specified in the second schedule to this ordinance, including
tolls for the use of the tramways and of carriages and for
motive power, and every other expense incidental to the conveyance of
passengers.
(2) a list, printed in the english and chinese languages, of all the
tolls and charges authorized to be taken shall be exhibited in a conspicuous
place at the offices of the company and inside and outside each
of the carriages used upon the tramways: provided that, if there is any
variation between the english and chineses prints of the said list, the
english print thereof shall prevail.
53-(1) every fare paid by every passenger for travelling upon
tramways nos. 1,2,3, and 4, or any of them or any part thereof, shall
entitle such passenger to travel any distance on all or any of the said
last-mentioned tramways, once, on the day on which such passengeer so
travels, in the same direction continuously, and without leaving the carriages,
but for no further distance, or on any tramway other than tramways
nos. 1,2,3, and 4, or more thatn once, or on any other day, or in
any other direction, or to leave and re-enter the carriages.
(2) every fare paid by every passenger for travelling upon tramway No.5, or
any part thereof, shall entitle such passenger to travel any
distance on the said last-mentioned tramway, once, on the day on
which such passenger so travel, in the same directin continuously, and
without leaving the carriages, but for no further distance, or on any
tramway other than tramway no.5, or more than once, or on any other
day, or in any other direction, or to leave and re-enter the carriages.
(3) every fare paid by every passenger for travelling upon tramway no.6,
or anuy part thereof, shall entitle such passenger to travel any
distance on the said last-mentined tramway, once, on the day on which
such passenger so travels, in the same direction continuously, and without

leaving the carriages, but for no further distance, or on any tramway
other than tramway no.6, or more thatn once, or on any other day,
or in any other direction, or to leave and re-enterthe carriages.
54 if the carriages during any journey contain their authorized
complement of passengers, the company shall not be bound to find accommodation
for any other passenger, notwithstanding that such other
passenger may have purchased a ticket or tickets entitling him to travel on the tramways
or any of them.
55-(1) no passenger may take on any of the tramways his personal
luggage other thatn small hand baskets, bags, or parcels, any one
of which shall not exceed sixteen pounds in weight or one cubic foot in
measurement.
(2) all such personal luggage shall be carried by hand, and at the
responsibility of th passenger, and shall not occupy any part of a seat,
nor be of a form or description to annoy or inconvenience other passengers.
56 the company may demand and take, in respect of any animals,
goods, merchandise, minerals, or parcels conveyed by it on the tramways,
except as is specially provided by this ordinance, including the tolls
and charges for the use of the tramways, and for wagons or
trucks, and for motive power, and evry expense incidental to such
conveyance, any tolls or charges, not exceeding the tolls and charges
specified in the third schedule to this ordinance, subject to the regulations
therein contained.
57 the said tolls and charges shall be paid to such persons, and at
scuh place, and in such manner as the company may, by notice annexed
to the list of tolls, appoint.
Abandonment of Undertaking
58 if the company abandons its undertaking, or any parts
thereof, and takes up tramways nos. 1,2,3,4, and 5, or any or either of them,
it shall, with all convenient speed and in all cases within eight
weeks at the most(unless the surveyor general otherwise consents in
writing), fill in the gournd and make good the surface, and, to the
satisfaction of the surveyor general, restore the portion of the road upon
whcih such last-metnioned tramways, or such or them as are abandoned,
were laid to as good a condition as that in which it was before such
tramways were laid thereon, and clear away surplus paving, or metalling
material, or rubbish occasioned by such work, and it shall in the
meaantime cause the place where the road is opened or broken up to be
fenced and watched and to be properly lighted at lighted at night: providied
always that if the company fails to comply with the provisions of this

section, the surveyor general, if he thinks fit, may himself at any time,
after seven days' notice to the company remove the tramways, and do
the work necessary for the restoration of the road, to the extent provided
for in this secion, and the expense incurred by the surveyor
general in so doing shall be re-paid to him by the company.
Offences.
59 every person who wilfully obstructs any person acting under the
authority of the company in the lawful exercise of any of the powers
hereby conferred, or defaces or destroys any mark made for the purpose
of setting out the line of any tramway, or damages or destroys any property
of the company, shall for every such offence be liable to a penalty
not exceeding twenty-five dollars.
60 every person who, without lawful excuse (the proof whereof
shall lie on him), wilfully does any of the follwoing things, namely,-
(1) interferes with, removes, or alters any part of a tramway or of
the works connected therewith; or
(2) places or throws any stones, dirt, wood, refuse, or other materials
on any part of a tramway; or
(3) 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
(4) knowingly aids or asists in the doing of any of such things,
shall for every such offence be liable (in addition to any proceedings by
way of indictment or otherwise to which he may be subject) to a penalty
not exceeding twenty-five dollars.
61 every person who,-
(1) while travelling or having travelled in any carriage, avoids or
attempts to avoid payment of his fare; or,
(2) having paid his fare for a certain distance, knowinly and wilfully
proceeds i nany such carriage beyond such distance and
does not pay the additional fare for the additional distance, or
attempts to avoid payment thereof; or
(3) knowingly and wilfully refuses or neglects, on arriving at the
point to which he ahs paid his fare, to quit such carriage,
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
all persons called by him to his assistance, to sezie and detain any person
discovered either in or immediately after committing or attempting to
commit any such offence as is mentioned in the last preceding section, and whose name or
residence is unknow to such officer or servant, until
such person can be conveniently taken to a police station for safe
custody and detained until he is discharged by due course of law.
63 no person shall be entitled to carry tr to require to be carried on
any tramway any goods which may be of a dangerous nature, and if any
person sends by any tramway any such goods, without distinctly marking
their nature on the outside of the package containing the same or otherwise
giving notice in writing to the book-keeper or other servant with
whom the same are left, at the time of such sending, he shall for every
such offence be liable to a penalty not exceeding one hundred dollars,
and it shall be lawful for the company to refuse to take any parcel
that it 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 this ordinance ) uses
any of the said tramways with carriages having flange wheels or other
wheels suitable only to run on the rail of such tramway, he shall for every such
fooence be liable to a penalty not exceeding one hundred
dollars.
Purchase of Lands by Agreement.
65 subject to the provisions of this ordinance, it shall be lawful
for the company to agree with the owners of any lands which may be
required for the purposes of this ordinance, and with all parties having
any estate or interest in such lands or by this ordinance enabled to sell
and assign the same, for the absolute purchase for a consideration in
money of any such lands, or such parts thereof as it may think proper,
and of all estates and interests in such lands of what knid soever.
66 it shall be lawful for all parties, being seized, possessed of, or
entitled to any such lands or any estate or interst therein, to sell and
assign or release the same to the company, and to enter into all necessary
agreements for that purpose, and particularly it shall be alwful for all or
any of the following parties, so seized, possessed, or entitled as aforesaid,
so to sell, assign, or release, tht is to say, all corporations, tenatns in tail
or for life, married women seized in their own right, gurardinas, committees
of lunatics and idiots, trustees in trust for charitable or other purposes,
executors and administrators, and all parties for the time being
entitled to the receipt of the rents and profits of any such lands in possession,
or subject to any lease for life, or for lives and years, or for years,
or for any less interst; 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 lives and years, or for years, or for any less interest, not only
on behalf of themselves and their respective heirs, executors, administrators,
and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the
estates of such parties, and, as to such married women, whether they are
of full age or not, as if they were sole and of full age, and as to such
guardians on behalf of their wards, and as to such committees on behalf
of the lunatics and idiots of whom they are the committees respectively,
and that to the same extent as such wives, wards, lunatics, and idiots
respectively could have exercised the same power under the authoirty of
this ordinance if they had respectively been under no disability, and as
to such trustees, executors, and administrators on behalf of their cestuique
trustent, whether infants, issue unborn, lunatics, femes covert, or
other persons, and that to the same extent as such cestuique trustent
respectively could have exercised the same powers under the authority
of this ordinance if they had respectively been under no disability.
67 the power to release lands from any rent charge or incumbrance,
and to agreee for the apportionment of any such rent charge or incumbrance,
shall extend to and may lawfully be exercised by every party
hereinbefore enabled to sell and assign or release lands to the company.
68-(1) the purchase money or compensation to be paid for any
lands to be purchased or taken from any party under any disability or
incapacity and not having power to sell or assign such lands, except
under the provisions of this ordinance, and the compensation, if any,
to be paid for any permanent damage or injury to any such lands,
where such party has agreed to the amount to be paid, shall not be less
than is approved by the court or a judge, upon the petition to the
court in a summary way of any of the parties interested.
(2) all purchase money and compensation recovered under or by
virtue of this section shall be paid into court for the benefit of the parties
interested.
Purchase of Lands otherwise than by Agreement.
69-(1) before it shall be alwful for the company to put in force
any of the powers of this ordinance in relation to the compulsory taking
of lands for the purposes of the undertaking, or to open or break u any
roads, the company shall satisfy the governor-in-council that one-third
part at least of the capital or estimated sum for defraying the expenses of
the undertaking ahs been subscribed under contract binding the parties
thereto, their heirs, executors, and administrators, for the payment of the
several sums by thme respectively subscribed.
(2) a certificate of the governor, published in the gazette, shall be
conclusive evidence that such amount has been duly subscribed.
70-(1) when the company requires to purchase or take any of the
lands more particularly mentioned and set out in the fourth sche-

dule to this ordinance, it shall give notice thereof to all the parties
interested in such lands, or to the parties enabled by this ordinance to
sell and assign or release the same, or to such of the said parties as may,
after diligent inquiry, be known to the company, and by such notice
shall demand from such parties the particulars of their estate and interest
in such lands and of the claims made by them in respect thereof.
(2) every such notice shall state the particulars of the lands so
required, and that the company is willing to treat for the purchase
thereof, and as to the compensation to be made to all parties for the damage
that may be sustained by them 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 on 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.
72 wihtin twenty-one days after the service on the company of such
last mentioned notice (exclusive of the day of service), the company
shall in writing state to the party giving the same whether or not it will
pay the compensation required by such party, and, if not, then the company
shall state what compensation it is willing to pay to such party,
and, within twenty-one days after the service on such party by the company of
such intimation (exclusive of the day of service), such party shall
give notice to the company whether or not he will accept the compensation
that the compnay is willing to pay.
73 if the company or any such party as aforesaid fails to serve the
said respective notice aforesaid within the respective times aforesaid,
or if no agreement is come to between the company and the owners of
or parties by this ordinance enabled to sell and assign or release any of
the lands mentioned in the said fourth schedule and taken or required
for, or injuriously afftected by the execution of, the undertaking, or any
interest in such lands, as to the value of such lands or of any interest
therein, or as to the compensation to be made in respect thereof, or for
any damage that may be sustained by reason of the execution of the
works, the amount of such value, compensation, or damage shall be
determined by an action to be instituted in the court in its original
jurisdiction.
74 every such action shall be commenced by a writ of summons
headed compensation under the tramways ordinance, 1883, and shall be
issued by the Registrar of the Court on the filling by the Company of a
praceipe for the same, or on the filing thereof by the party claiming com-
pensation, if the company does not, within fourteen days after service on
it by such party of a notice requiring it to do so, file its praecipe for such
wrti.
75 the plaintiff shall be at liberty to make on the writ of summons
and copy therof a special indorsement, which indorsement may be in
the form in the fifth schedlue to this ordinance or as near therto as
the circumstances of the case will admit of.
76-(1) after the appearance of the defendant to a writ specially
indorsed or in case of non-appearance, apply by summons in chambers
for a reference to the Registrar to ascertain the amount of such
value, compensation, or damage as aforesaid, and thereupon the Judge
may make such order as he may think fit.
(2) if the company does 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 paractice to be followed
in every such action as aforesaid, and the proceedings therein,
shall be the same as the practice and proceedings for the time being
obtaining in actions in the court in its orginal jurisdiction, save tha,
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 necessary to file any written pleadings, but the Court of 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 action shall be in the discretion
of the court, unless the same or a less sum than has been offered
by the Company is directed to be paid by it, in which case each party
shall bear his own costs.
78 the purchase money or compensation to be paid for any of the
lands mentioned in the said Fourth Schedule and required to be purchased
or taken by the Company from any aprty who, by reason of
absence from the colony, is prevented from treating, or who cannot
after diligent inquiry 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.
79 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
also to the damage, if any, to be sustained by the owner of the lands by
reason of the severing of the lands taken from other lands of such owner
or of such other lands being otherwise injuriously affected by the exer- cise of the powers of this ordinance, and to the fact that the lands taken
are so taken from such owner compulsorily.
80 when the compensation payable in respect of any of the lands
mentioned in the said Fourth Schedule, or any interest therein, has
been ascertained and paid into Court under the provisions herein contained,
by reason that the owner of or party entitled to assign such
lands or such interest therein as aforesaid could not be found or was
absent from the Colony, if such owner or party is dissatisfied with such
determination, it shall be lawful for him before he applies to the
Court for payment out or investment of the moneys so paid into Court,
by notice in writing to the Company, to require the question of such
compensation to be determined by an action to be institiuted inthe
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.
81 the question to be determined in the case last aforesaid shall be
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 the Company.
82 if it is determined that a further sum ought to be paid into Court
by the Compnay, the Company shall so pay such further sum within
fourteen days after such determination or, in default thereof, the same
may be enforced by attachement or recovered, with cost, by action.
83 if it is determined that the sum so paid into Court was sufficient,
the costs of and incident to the inquiry shall be in the discretion of the
Court, but if it is determined that a further sum ought to be paid into
Court by the Company, all the costs of any incident to the inquiry shall
be borne by the Compnay.
84 if any party is entitled to any compensation in respect of any
of the lands mentioned in the said Fourth Schedule, or of any interest
therein, which has been taken for or injuriously affected by the execution
of the works, and for which the company has not made satisfaction
under the provisions of this Ordinance, such compensation shall be determined,
where no agreement has been come to between such party
and the company, by an action 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.
Application of Compensation.
85 if the purchase money or compensation which is payable in
respect of any of the lands mentioned in the said Fourth Schedule,



or of any interest therin, purchased or taken by the company from any tenant for life
or in tail, married woman seized in her own right,
guardian, committee of lunatic or idiot, trustee, executor or administrator,
or person having a partial or qualified interest only in such
lands, and not entitled to sell or assign the same except under the
provisions of this ordinance, or the compensation to be paid for any
permanent daage to any such lands, exceeds the sum of one thousand
dollars, the same shall be paid into Court, suject to the orders of the
Court, and such moneys shall remain in Court until the same are applied
to some one or more of the following purposes; that is to say,-
(1) in the discharge of any debt or incumbrance affecting he lands
in respect of which such money has been paid or affecting othe
lands settled therewith to the same or the like uses, trusts, or
purposes; or
(2) 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 money has been
paid stood settled; or,
(3) if such money has been paid in respect of any buildings taken under
the authority of this Ordinance or injured by the proximity of
the works, in removing or re-placing such buildings or substituting
others in their stead, in such manner as the Court may
direct; or
(4) in payment to any party becoming absolutely entitled to such
money.
86 such moeny may be so applied as aforesaid upon 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 such money has been paid into Court; 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 interest, dividends, and annual proceeds
thereof paid to the party who would for the time being hve been
entitled to the rents and profits of the lands.
87-(1) if the purchase money or compedsation does not exceed
the sum of one thousand dollars and exceeds the sum of one 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 is payable, such nomination to be signified
by writing under the hand of the parties so entitled; and, in case of the coverture, infancy, lunacy, or other incapacity of the parties entitled to
such moneys, such nomination may lawfully be made by their respective
husbands, guardians, committees, or trustees; but such last-mentioned
application of the moneys shall not be made unless the Company approves
thereof and of the trustees named for the purpose.
(2) the money so paid to such trustees, and the produce arising
therefrom, shall be applied by such trustees in the manner hereinbefore
directed with respect to money paid into Court, but it shall not be
necessary to obtain any order of the Court for that purpose.
88 if such money does not exceed 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 wherof the same is payable, for their own use and
benefit, or, in case of the coverture, infacy, idiotcy, lunacy, or other incapacity of
any such parties, then such money shall be paid, for their
use, to the respective husbands, gurdians, committees, or trustees of
such persons.
89 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 is
not entitled to dispose of such lands, or of the interest therein contracted
to be sold by him, absolutely for his own benefit, shall be paid into Court
or to trustees in manner aforesaid.
90 where any purchase money or compensation paid into Court
under the provisions of this Ordinance has been so paid in respect of any
interest less than the whole interest granted by an Crwon lease, it shall
be lawful for the Court or a Judge, upon the 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 paid in such manner as the Court or
such Judge may consider will give to the parties intersted in such money
the same benefit thereform as they might lawfully have had from the
interest in respect of which such money has been paid, or as near thereto
as may be.
91-(1) On payment in manner hereinbefore provided of the purchase money or compensation
agreed or determined to be paid in respect
of any of the lands mentioned in the said Fourth Schedule and purchased
or taken by the Company under the provisions of this Ordinance,
the owner of such lands, including in such term all parties by this
Ordinance enabled to sell or assign lands, shall, when requied to do so
by the Company, duly assign such lands to the Company or as it may
direct.


(2) in default thereof or if he fails to adduce a good title to such
lands to its satisfaction, it shall be lawful for the company, if it
thinks fit, to prepare a deed of conveyance, assignment, or assurance of
such lands to itself, containing a description of the lands in repect of
which such default has been made, and reciting th 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 declaring the fact of such default having been made, and to tender
such deed, after the same has been stamped with the stamp duty which
would have been payable on 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
on petition in a summary way, execute the same, and all the estate and
interest in such lands of, or capable of being sold and assigned by, the
party between whom and the Company such purchase money or
compensation has been determined as herein provided, and has been paid
as aforesaid, shall vest absolutely in the Compnay, and as against such
parties, and all parties on behalf of whom it it hereinbefore enabled
to sell and assign, the company shall be entitled to immediate possession
of such lands.
92 if the owner of any of the lands mentioned in the said Fourth
Schedule and purchased or taken by the Company, or of any interest
therein, on tender of the purchase money or compensation which has
been determined in manner aforesaid to be payabe in respect thereof,
refuses to accept the same, or neglects or fails 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 refuses to assign or release such lands as directed by
the Company, or if hie is absent from the colony, or cannot after diligent
inquiry be found, or fails to appear on the inquiry herein provided for,
it shall be lawful for the Company to pay the purchase money or compensation
payable in respect of such lands, or any interest therein, into
Court, subject to the control and di8sposition of the Court.
93 On any such payment into Court as last aforesaid being made,
it shall be lawful for the Company, if it thinks fit, to prepare a deed of
conveyance, assignment, or assurance of the last-mentioned lands to itself,
containing a description of the lands in respect whereof such payment
has been made and declaring the circumstances under which such payment
has been made, and to tender such deed, after the same has been
stamped with the stamp duty which would have been payable on an
assignment to the Company of the lands described therein, to the


Registrar for execution of 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 on petition in a summary
way, execute the same, and all the estate and interest in such lands of
the parties for whose use and in respect therof such purchase money
or compensation has been so paid shall vest absolutely in the Company,
and, as against such parties, the Company shall be entitled to immediate
possession of such lands.
94 on 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 has 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 may seem fit, order such money to be laid out or invested in
or upon any securities or investments authorized by the Court or a
Judge, or may order distribution thereof, or payment of the dividentds
thereof, according to the respective estates, titles, or interests of the
parties making claim to such moeny or lands or any part thereof, and
may make such other order in the premises as to the Court or such
Judge may seem fit.
95 if any question arises respecting the title to the lands in respect
whereof such money has been so paid into Coiurt as aforesaid, the parties
respectively in possession of such lands, as being the owners thereof or
in receipt of the rents of such lands, as being entitled thereto at the
time of such lands being purchased or taken, shall be deemed to have
been lawfully entitled to such lands, until the contrary is shown, to the
satisfaction of the Court or a Judge, upon petition in a summary way,
and, unless the contrary is shown as aforesaid, the parties so in possession,
and all parties claiming under them or consistently with their
possession, shall be deemed entitled to the money so paid into Court
and to the dividends or interest therof, and the same shall be paid and
applied accordingly.
96 in all cases of money paid into Court under the provisions of
this Ordinance, except where such money has been so paid in by reason
of the wilful refusal of any aprty entitled thereto to receive the same
or to assign or release the lands in respect whereof the same is payable,
or by reason of the wilful neglect of any party to make out a good title
to the land required, it shall be lawful for the Court to order the costs
of the following matters, including therein all reasonable3 charges and
expenses incident thereto, to be paid by the company, that is to say,
the costs of the purchase or taking of the lands or which have been
incurred in consequence thereof, other than such costs as are herein
otherwise provided for, and the costs of the investment of such money in manner provided by this Ordinance and of the re-investment thereof
in the purchase of other lands, and also the costs of obtaining the
proper orders of any of the purposes aforesaid, and of the orders for
the payment of the dividends and interest of the securities on which
such money is invested, and for the payment out of Court of the principal
of such moeny or of the securities whereon the same is invested, and of
all proceedings relating thereto, except such as are occasioned by litigation
between adverse claimants: provided alwsay that the costs of one
application only for re-investment in land shall be allowed, unless it
appears to the Court that it is for the benefit of the parties interested in
the said money that the same should be invested in the purchase of
lands, in different sums, and at different times, in which case it shall be
lawful for the Court to order the costs of any such investments to be
paid by the Company.
Assignments.
97 assignments of lands to the Company shall be in such form as
the Company may think fit.
98 the costs of all such assignments shall be borne by the Company,
and such costs shall include all charges and expenses incurred, on the
part as well of the seller as of the purchasesr, of all assignments and
assurances of any such lands and of any outstanding terms or interests
therein, and of deducing, evidencing, and verifying the title to such
lands, terms, or interests, and of making out and furnishing such abstracts
and attested copies as the Company may require, and all other reasonable
expenses incident to the investigation, deuction, and verification of
such title.
99-(1) if the Company and the prty entitled to any such costs
do not agree as to the amount therof, such costs shall be taxed by the
Registrar on an order of the Court, to be obtained on petition in a
summary way by the Company, or by such party, if the Company
refuses or neglects to apply for such order for fourteen days after notice
from such party to do so; and the Company shall pay what the Registrar
may certify to be due in respect of such costs to the party entitled thereto,
or, in default thereof, the same may be recovered in the same way as
any other costs payable under an order of the Court.
(2) 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 is
disallowed, in which case the costs of such taxation shall be borne by
the party whose costs are so taxed, and the amount therof shall be
ascertain by the registrar and deducted by him accordingly in his
certificate of such taxation.

Entry on Lands
100 the Company shall not except by consent of the owners and
occupiers, enter upon any of the lands mentioned in the said Fourth
Schedule, and which are required to be purchased or permanently used
for the purposes and under the powers of this Ordinance, until it has
either paid to every party having any interest in such lands, or paid
into Court in the manner herein mentioned, the purchase moneuy or compensation
to be paid to such parties respectively for theri respective
interests therein: provided always that, for the purpose merely of surveying
such lands and of setting out the line of the works, it shall be
lawful for the Company, after giving not less than three or more than
fourteen days' notice to the owners or occupiers thereof, to enter upon
such lands without previus consent, making compensation for any
damage thereby occasioned to the owners or occupiers thereof.
101-(1) provided, also, that if the company is desirous of entering
upn and using anyu of the lands mentioned in the said Fourth Schedule
before an agreement has been come to or the purchase money or
compensation claimed by any party interested in or entitled to sell
and assign such lands, and who does not consent to such entry, or such
a sum as may by the Court or a Judge, upon petition in a summary way, be
determined to be the value of such lands or interest therein which such
party is entitled to or enabled to sell and assign, and also to give or
tender to such party a bond, under th common seal of the Company,
with two sufficient sureties, to be approved of by the Court or such Judge
in case the parties differ, in a penal sum equal to the sum so to be
deposited, conditioned for payment to such party, or for payment into
Court, for the benefit of the parties interested in such lands, as the case
may require, under th 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 thereon at the rate of six dollars
per centum per annum, from the time of entering upon such lands until
such purchase money or compensation is paid to such party, or into
Court, for the benefit of the parties interested in such lands, under the
provisions herein contained.
(2) On such 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 compensa-


tion in other cases required to be paid by it before entering upon any
lands to be taken by it under the provisions of this Ordiance: provided
always that, if it is shown, to the satisfaction of the Court or a Judge,
that such non-consenting party as aforesaid is absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot after
diligent inquiry be found, then the Court or such Judge may order such
bond as aforesaid to be dispensed with, and may authorize the Cpompany
to enter upon and use any of the lands mentioned in the said Fourth
Schedule, 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 the Court or such Judge be dtermined,
upon petition in a summary way, to be the vaule of such lands or
interest therin which such non-consenting party is entitled to or enabled
to sell or assign.
102-(1) The money so paid into court as last aforesaid shall
remain in Court by way of security to the parties whose lands have
so been entered upon, for the performance of the condition of the
bond to be given by the Company as hereinbefore mentioned, or, where
such bond has been dispensed wiht as aforesaid, for the payment ot
the parties whose lands have so been entered upon, or for deposit in
Court for the benefit of the parties interested in such lands, as th 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 thereon at the rate of six dollars
per centum per annum from the time of entering upon such lands until such
such purchase money or compensation is paid to such party, or until
the money so deposited is deemed to be or is deposited in Court for the
benefit of the parties interested in such lands under the provisions
herein contained.
(2) the money so deposited in Court as mentioned in the last proceding
section may, on the application by petition of the Company, be
orderedto be invested upon any securities or investments authorized by
the court or a Judge, and, on the objects or object for which such
deposit as last aforesaid was made being fully attained or stisfied, it
shall be lawful for the Court, on a like application, to order to the money
so deposited, or the funds in which the same has been invested, together
with the accumulations thereof, to be re-paid or transferred to
the Company, or, if such objects or object are or is fully attained or
satisfies, it shall be lawful for the court to order the same to be
applied in such manner as it may think fit for the benefit of the parties
for whose security the same has been so deposited. 103-(1) if the company or any of its contracotrs, excetp as
aforesaid, wilfully enters upon and takes possession of any of the
lanbds mentioned in the said Fourth Schedule, which are required to be
purchased or permanently used for th purposes of this Ordinance,
without such consent as aforesaid or without having made such payment
into Court as aforesaid for the benefit or security of the parties
interested in such 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 posession as aforesaid.
(2) if the Company or any of its contractors, after conviction in such
penalty as aforesaid, continues in unlawful possession of any such
lands, the Company shall be laible to forfeit the sum of one hundred
dollars for every day it or any of its contractors so remains in possession
as aforesaid.
(3) every such penalty shall be recoverable by the party in possession
of such lands, with costs, by an action to be brouhgt in the Court
in its original jurisdiction in the sme 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 hte
payment of any such penalties as aforesaid, if it bona fide and without
collusion has paid the compensation which has 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 has paid the same into court for the benefit or
security of the parties interested in the said lands, although such person
may not have been legally entitled thereto.
104-(1) if in any case in which, according to the provisions of
this Ordinance, the Company is authorized to enter upon and take
possession of such of the lands mentioned in the said Fourth Schedule
as are reqired for the purposes of the undertaking, the owner or
occupier of any such lands or any other person rufuses to give up
the possession thereof or hinders the Company from entering up0on or
taking possession of the same, it shall be lawful for the Company to
issue its warrant to one of the bailiffs of the Court to delver possession
of the same to the person appointed in such warrant to receive the
same.
(2) On the receipt of such warrant, such Bailiff shall deliver possession
of any such lands accordinly.
(3) 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 it
to such party, or, if no such compensation is payable to such
party or if the same is less than the amount of such costs, then such
costs, or the excess thereof beyond such compensation, if not paid on
demand, shall be recovered in the same way as any other cost payable
under an order of the court.
105 no party shall at any time be required to sell or assign to the
Company a part only of any house or other building or manufactory, if
such party is willing and able to sell and assign the whole thereof.
Lands in Mortgage.
106-(1) it shall be lawful for the company to purchase or redeem
the interest of the mortgagee of any of th lands mentioned in the
said Fourth Schedule which may be required for the purposes of this
Ordinance, and that whether it has previously purchased the equity of
redemption of such lands or not, and whether the mortgagee thereof is
entitled thereto in his own right or in trust for any other party, and
whether he is in possession of such lands by virtue of such mortgage or
not, and whether such mortgage affects such lands solely or jointly with
any other lands not required for the purposes of this Ordinance.
(2) in order thereto, the Company may pay or tender to such mortgagee
the principal and interest due on such mortgage, together with his
costs and charges, if any, and also one month's additional interest, and
thereupon such mortgagee shall immediately assign his interest in the
lands comprised in such mortgage to the Company or as it may direct,
or the Company may give notice in writing to such mortgagee that it
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 the
Company has given any such notice, or if the party entitled to the equity
of redemption of any such lands has given notice of his intention to
redeem the same, then, at the expriation of either of such notices or at any
intermediate period, on 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
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 it may direct.
107 if, in either of the cases aforesaid, on such payment or tender, any
mortgagee fails to assign or release his interest in such mortgage as directed
by the Company, or if he fails to adduce a good title thereto to its
satisfaction, or if he is absent from the Colony, whether temporarily or
permanently, or in hiding, or cannot after diligent inquiry 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 cost, if any, due on such mortgage, and also, if such
payment is made before the expiration of the notices aforesaid, such further
interest (if the same can be ascertained) as would at such expiration become
due; and it shall be lawful for the Company, if it thinks fit, to prepare
a deed of conveyance, assignment, or assurance and release of such mortgaged
lands to itself and to tender such deed, after the same has been duly
stamped as required by law, to the Registrar for execution on behalf of
the mortgagee and other, if any, the assuring and releasing parties, and
thereupon the Registrar shall, on an order of the Court to be obtained
upon petition in a summary way, execute the same; and thereupon, as well
as on such assignment by the mortgagee, if any, being made, all the estate
and interest of such mortgagee, and of all persons in trust for him or for
whom he may be a trustee in such lands, shall vest in the Company, and
the Company shall be entitled to immediate possession thereof in case such
mortgagee was himself entitled to such possession.

108.-(1.) If any such mortgaged lands are of less value than the
principal money, 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.

(2.) 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.

(3.) 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 staisfaction of his mortgage debt, so far as the same will extend,
and on payment or tender thereof the mortgagee shall assign or release
all his interest in such mortgaged lands to the Company or as it may
direct.

109.-(1.) If, on such payment or tender as aforesaid being made, any
such mortgagee fails so to assign his interest in such mortgage or to
adduce a good title thereto, to the satisfaction of the Company, or if he
is absent from the Colony, whether temporarily or permanently, or in
hiding, or cannot after diligent inquiry be found, it shall be lawful for
the Company to pay the amount of such 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 land from all money due thereon.
(2.) It shall be lawful for the Company, if it thinks fit, to prepare a
deed of conveyance, assignment, or assurance and release of such mortgaged
lands to itself, and to tender such deed, after the same has been
duly stamped as required by law, to the Registrar for execution on behalf
of the mortgagee and other, if any, the assuring and releasing parties,
and thereupon the Registrar shall, on 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, in case such mortgagee was himself entitled to
such possession, the Company shall be entitled to immediate possession
thereof; nevertheless, all right and remedies possessed by the mortgagee
against the mortgagor, by virtue of any bond, covenant, or toehr obligation,
other than the right to such lands, shall remain in force in respect
of so much of the mortgage debt as may not have been satisfied by such
payment or deposit.

110.-(1.) If a part only of any such mortgaged lands is required
for the purposes of this Ordinance, and if the part so required is of less
value than the principal money, interest, and costs secured on such
land, and the mortgagee does not consider the remaining part of such
lands a sufficient security for the money charged thereon or is not
willing to release the part so required, then the value of such part, and
also the compensation, if any, to be paid in respect of the severance
thereof or otherwise, shall be settled by agreement between the mortgagee
and the party entitled to the enquiry of redemption of such land
on the one part and the Company on the other part.

(2.) 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.

(3.) The amount of such value or compensation, being so agree 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 the Company, or as
it may direct, all his interest in such mortgaged lands the value whereof
has been so paid.

(4.) A memorandum of what has been so paid shall be indorsed 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 its expense, to the party
entitled to the equity of redemption of the lands comprised in such
mortgage deed.

111.-(1.) If, on payment or tender to any such mortgagee of the
amount of the value or compensation so agreed upon or determined,
such mortgagee fails to assign or release to the Company, or as it may
direct, his interest in the lands in respect of which such compensation
has so been paid or tendered, or if he fails to adduce a good titled thereto,
to the satisfaction of the Company, or if he is absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot after dilligent
inquiry be found, it shall be lawful for the Company to pay the
amount of such value 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.

(2.) It shall be lawful for the Company, if it thinks fit, to prepare a
deed of conveyance, assignment, or assurance and release of such last-mentioned
mortgaged lands to itself, and to tender such deed, after the
same has been duly stamped as required by law, to the Registrar for
execution on behalf of the mortgagee and other, if any, the assuring
and releasing parties, and thereupon the Registrar shall, on 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 was himself
entitled to such possession, the Company shall be entitled to immediate
possession thereof; nevertheless, every such mortgagee shall have the
same powers and remedies for recovering or compelling payment of the
mortgage money or the residue thereof, as the case may be, and the
interest thereof respectively, on 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 has or been entitled to for
recovering or compelling payment thereof on or out of the whole of the
lands originally comprised in such mortgage.

112.-(1.) Provided always that, in any of the cases hereinbefore
provided with respect to lands subject to mortgage, if in the mortgage
deed a time has been limited for payment of the principal money thereby
secured, and, under the provisions hereinbefore contained, the mortgagee
has 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 has been so
paid off, all such costs and expenses as may be incurred by such mortgagee
in respect of or which may be incidental to the re-investment of
the sum so paid off, such costs in case of difference to be taxed, and
payment thereof enforced, in the manner herein provided with respect
to the costs of assignments.
(2.) If the rate of interest secured by such mortgage is 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 has 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.

(3.) Until payment or tender of such compensation as aforesaid, the
Company shall not be entitled, as against such mortgagee, to possession
of the mortgaged lands under the provisions hereinbefore contained:
Provided that the Court or a Judge may order such payment or tender
to be dispensed with, if it or he thinks fit to do so, 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 arises between the COmpany and the party
entitled to any rent-charge, or chief or other rent, or other payment or
incumbrance not hereinbefore provided for, upon any of the lands mentioned
in the said Fourth Schedule, 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 purpose of this Ordinance, the same shall be
determined as in other cases of disputed compensation.

114. If part only of the lands charged with any such rent-charge,
cheif or other rent, payment, or incumbrance is required to be taken for
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 is 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
is a sufficient security for such charge, then, with the consent of the
owner of the lands so jointly subject, it shall be lawful for the party
entitled to such charge to release therefrom the lands required, on condition
or in consideration of such other lands remaining exclusively
subject to the whole thereof.

115.-(1.) On 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.

(2.) If he fails to do so, or if he fails to adduce good title to such charge,
to te satisfaction of the Comany, or if he is absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot after diligent
inquiry be found, it shall be lawful for the Company to pay the
amount of such compensation into Court, and also, if it thinks fit, to
prepare a deed of release of such charge, and to tender the same, after
it has been duly stamped as required by law, to the registrar for execution
on behalf of the releasing parties, and thereupon the Registrar
shall, on 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, payment,
or incumbrance, or the portion thereof in respect whereof such
compensation has so been paid, shall cease and be extinguished.

116.-(1.) If any such lands are so released from any such charge or
incumbrance, or portion thereof, to which they were subject jointly with
other lands, such last-mentioned lands shall alone be charged with the
whole of such charge or with the remainder thereof, as the case may
be, and the party entitled to the charge shall have all the same rights
and remedies over such last-mentioned lands for the whole or the
remainder of the charge, as the case may be, as he had previously over the
whole of the lands subject to such charge.

(2.) If, on any such charge or portion of charge being so released,
the deed or instrument creating or transferring such charge is tendered
to the Company for the purpose, the Company shall affix its common
seal to a memorandum of such release indorsed on such deed or instrument,
declaring what part of the lands originally subject to such charge
has been purchased by virtue of this Ordinance, and, if the lands are
released from part of such charge, what proportion of such charge has
been released and how much thereof continues payable, or, if the lands
so required have been released from the whole of such charge, then that
the remaining lands are thenceforward to remain exclusively charged
therewith.

(3.) 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 state, but not so as to exclude any other evidence of
the same facts.

117.-(1.) Where part only of any lands comprised in a lease for
a term of years is required for the purposes of this Ordinance, the rent
payable in respect of the lands comprised in such lease shall be approtioned
between the lands so required and the residue of such lands.

(2.) Such apportionment may be determined by agreement between
the lessor (including Her Majesty, her heirs and successors, in those
cases where Her Majesty, her heirs or successors, in the lessor) and the
lessee of such lands on the one part and the Company on the other part.

(3.) If such apportionment is not so determined by agreement
between the parties, such apportionment shall be determined by the Court
or a Judge, upon petition in a summary way.

(4.) After such apportionment, the lessee of such lands shall, as to all
future accruing rent, be liable only for so much of the rent as may be
so apportioned in respect of the lands not required for the purposes of
this Ordinance; and as to the lands not so required, and as against the
lessee, the lessor shall have all the same rights and remedies for the
recovery of such portion of rent as, previously to such apportionment, he
had for the recovery of the whole rent reserved by such lease; and all
the convenants, 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 is not required for the purposes of this Ordinance, in
the same manner as they would have done in case such part only of the
land had been included in the lease.

118. Every such lessee as last aforesaid shall be entitled to receive
from the Company compensation for the damage done to him in his
tenancy be reason of the severance of the lands required from those not
required or otherwise by reason of the execution of the works.

119.-(1.) If any such lands are 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 person is required to give up possession of any lands
so occupied by him before the expiration of his term or interest therein,
he shall be entitled to compensation for the value of his unexpired term
or interest in such lands, and for any just allowance which ought to be
made to him by an incoming tenant, and for any loss or injury which
he may sustain, or, if a part only of such lands is required, compensation
for the damage done to him in his tenancy by severing the lands held
by him or otherwise injuriously affecting the same.

(2.) 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 summary way, and, on payment or tender of the amount of
such compensation, all such persons shall respectively deliver up to the
Company, or to the person appointed by it to take possession thereof,
any such lands in their possession required for the purposes of this Ordinance.

120.-(1.) If any party, having a greater interest than as tenant-at-
will, claims 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 is made, or the best
evidence thereof in his power.

(2.) If, after demand made in writing by the Company, such lease,
or such best evidence thereof, is not produced within twenty-one days,
the party so claiming compensation shall be considered as a tenant holding
only from 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 lands for the purposes of this Ordinance shall not be exercised
after the expiration of three years from the commencement of this Ordinance.

Interests omitted to be purchased.

122.-(1.) If, at any time after the Company has entered upon any
lands which, under the provisions of this ordinance, it was authorized
to purchase, and which are permanently required for the purposes of
this Ordinance, any party appears to be entitled to any estate, right, or
interest in, or charge affecting, such lands which the Company, through
mistake or inadvertence, has failed or omitted duly to purchase or to pay
compensation for, then whether the period allowed for the purchse of
lands has expired or not, the Company shall remain in the undisturbed
possession of such lands, provided, within three months after notice of
such estate, right, interest, or charge, in case the same is not disputed
by the Company, or, in case the same is disputed, then within three
months after the right thereto has been finally established by law in
favour of the party claiming the same, the Company shall purchase or
pay compensation for the same, and shall also pay to such party, or to
any other party who may establish a right thereto, full compensation for
the mesne profits or interest which would have accrued to such parties
respectively in respect thereof during the interval between the entry of
the Company thereon and the time of the payment of such purchase
money of compensation by the Company, so far as such mesne profits or
interest may be recoverable at law or in equity.

(2.) Such purchase money or compensation shall be agreed upon or
determined and paid in like manner as, according to the provisions of
this Ordinance, the same respectively would have been agreed upon or
determined and paid in case the Company had purchased such estate,
right, interest, or charge before entering upon such lands, or as near
thereto as circumstances will admit.

123. The compensation to be given for any such last-mentioned lands
or any estate 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 when 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 contracted.

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 its benefit, the Company shall, when the right to any
such estate, interest, or charge has been disputed by the Company and
determined in favour or the party claiming the same, pay the full costs
and expenses of any proceedings at law or in equity for the determination
or recovery of the same to the parties with whom any such litigation
in respect thereof has take place; and such costs and expenses
shall, in case the same are disputed, be settled by the Registrar.

Sale of Superfluous Lands.

125. Within ten years after the expiration of the time limited by
this Ordinance for the completion of the works, the Company shall
absolutely sell and dispose of all superfluous lands, and, in default
thereof, all such superfluous lands remaining unsold at the expiration of
such period shall thereupon vest in and become the property of the
Crown.

Service of Documents.

126. Any summons or any writ or other proceeding at law or in equity
required to be served on the Company may be served by the same being
left at, or transmitted throught the post directed to, the principal office
of the Company, or being given or transmitted through the post directed
to the secretary, or, in case there is no secretary, the solicitor of the
Company.

127. With respect to notices, and to the delivery thereof by or to the
Company, the following provisions shall have effect, that is to say,-

(1.) every notice shall be in writing or in print or partly in writing
and partly in print; and

(2.) a notice to be delivered by or to the Company to or by any other
company or person may be delivered by being left at the office of
such other company or person, or at the then present or then last
known place of abode or residence of such person, or of his ostensible
agent or agents, or of other the agent or agents who pay the
rents, rates, and taxes payable in respect of the property of such person,
or being affixed on 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, as the case may be, or by being sent by post
in a registered letter addressed, as the case may be, to the clerk or
secretary of such other company at its principal office, or to such
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 addresed to the ostensible agent or agents of such person,
or other the agent or agents aforesaid, or to the clerk or secretary
of the Company at its principal office:
Provided always that any notice required to be given by the company,
as mentioned in section 70, shall in addition be affixed on some con-
spicuous part of the land affected, or intended to be affected, thereby.

Miscellaneous Provisions.

128.-(1.) If any party has committed any irregularity, trepass, or
other wrongful proceeding in the execution of this Ordinance or by virtue
of any power or authority hereby given, and if, before action brought in
respect thereof, such party makes tender of sufficient amends to the party
injured, such last-mentioned party shall not recover in any such action.
(2.) If no such tender has been made, it shall be lawful for the defen-
dant, by leave of the Court where such action is pending, at any time be-
fore answer filed, to pay into Court such sum of money as he may think
fit, and thereupon such proceedings shall be had as in other cases where
defendants are allowed to pay money into Court.

129.Every toll, penalty, or forfeiture imposed by this Ordinance or
by any Order-in-Council, regulation, or by-law made in pursuance here-
of, the recovery of which is not otherwise provided for, may be recovered
by summary proceedings before a Magistrate under the provisions of any
Ordinance for the time being relating to the jurisdiction of Magistrates
and the practice and procedure before them in respect of offences punish-
able on summary conviction.

130.Every person who, on any examination upon oath under this
Ordinance, wilfully and corruptly gives false evidence shall be liable to
the penalties of wilful and corrupt perjury.

131.The Company shall be answerable for all accidents, damages, and
injuries happening through its act or default, or through the act or de-
fault of any person in its employment, by reason or in consequence of
any of its works or carriages, and shall save harmless all other companies
or bodies, collectively and individually, and their officers and servants,
from all damages and costs in respect of such accidents, damages, and
injuries.

132.Notwithstanding anything in this Ordinance, the Company shall not acquire any right other than that of user of the roads along or across
which it lays any tramway.

133.Nothing in this Ordinance shall limit the powers of the Police
to regulate the passage of any traffic along or across any public road
along or across which any tramway is laid down, and the Police may ex-
erices their powers as well on as off the tramway and with respect as
well to the traffic of the Company as to the traffic of other persons, and
in particular nothing in this Ordinance shall limit the power of the Cap-
tain Superintendent of Police to make reglations under and exercise
the powers conferred upon him by the Public Assemblages (Regulation
of Traffic) Ordinance, 1869.

134.Nothing in this Ordinance, or in any regulation or by-law 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 craaiages not
having flange-wheels or wheels suitable only to run on the rail of the
tramway.

135.Notwithstanding anything in this Ordinance, the Company and
any persons using the tramways shall be subject and liable to the pro-
visions of any general Ordinance now in force or which may hereafther
be passed in the Colony relating to tramways, or by which any tax or
duty may be granted or imposed for or in respect oftramways or the
passengers or traffic conveyed thereon, or to any future revision or
alteration under the Legislature of the Colony of the maximum rates of
tolls or charges authorized bu this Ordinance, and to any condition,
regulation, or restriction which may be imposed on the use of tramways,
or on the use on tramways of animal power, steam power, or any
mechanical power, by any such general Ordinance as aforesaid.

136.The powers and privileges given by this Ordinance are so given
saving and reserving always the rights of Her Magesty, and of all bodies
politic and corporate, and of all other persons and those claiming by,
from, and under them, except as is herein otherwise provided.

SCHEDULES.
THE FIRST SCHEDULE.
REGULATIONS AS TH OTHE USE OF STEAM POWER, ETC.
(Applicable and extending only to Tranways Nos.1,2,3,4, and 5.)

1.Every engine used on the tramways shall be fitted with such mechanical
applicances 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 stand, as the Governor may from time to time think sufficent.





2.Every such engine shall have its number shown in some conspicuous
part thereof, and shall be fitted--
(1.) with an indicator by means of which the speed shall be shown;
(2.) with a suitable fender to push aside obstructions;
(3.) with a special bell, whistle, or other apparatus to be sounded as a
warning when neccessary; and
(4.) with a seat for the driver of such engine, so placed in fornt of such
engine as to command the fullest possible view of the road before him.
3.Every such engine shall be free from noise produced by blast or clatter,
of machinery, and the machinery shall be concealed from view at all points
above foru inches from the level of the rails, and all fire used on such engine
shall be concealed from view.

THE SECOND SCHEDULE.
TOLLS AND CHARGES FOR PASSENGERS.

1.For every passenger travelling on Tramways Nos.1,2,3, and 4, or any
of them, or any part thereof--
(1.) if such passenger is a first class passenger, and sum not
exceeding}20 cents.
(2.) if a second class passenger, any sum not exceeding 15 do.
(3.) if a third class passenger, any sum not exceeding 5 do.
2.for every passenger travelling on Tramway No. 5, or any part thereof,
the same tolls and charges as those hereinbefore authorized in respect of
Tramways Nos. 1,2,3, and 4.

3.For every passenger travelling on Tramway No.6, or any part thereof,--
(1.) if such passenger is a first class passenger, any sum not}30 cents.
exceeding
(2.) if a second class passenger, any sum ont exceeding 20 do.
(3.) if a third class passenger, any sum not exceeding 10 do.

THE THIRD SCHEDULE.
TOLLS AND CHARGES FOR ANIMALS, GOODS, ETC.
Animals.
1.For every horse, mule, or other beast of draught or burden,
per head}12 cents.
2.For every ox, cow, bull, or head of cattle, per head 12 do.
3.For every calf,pig, or other small animal, per head 10 do.
Goods and Minerals.
1.For allcoals, coke, culm, charcoal, cannel, limestone, chalk,
lime, salt, sand, fireclay, ficreclay, cinders, dung, compost, and all sorts
of manure, and all undressed materials for the repair of public
roads or highways, per ton 20 do.









2.For all iron, irou ore, pig iron, bar iron, rod iron, sheet iron,
hoop iron, plates of iron, slabs, billets, and rolled iron, bricks,
slags, and stone, stones for building, pitching, and paving,tiles,
slates, and clay (except fireclay), and for wrought iron ont
otherwise specially classed herein, and for heavy iron castings,
including railway chairs, per ton 20 cents.
3.For all sugar, grain, corn, flour, hides, dyewoods, earthenware,
timber, and metal (exceptiron), nails, anvils, vices, and chains,
and for light iron castings, per ton 20 do.
4.For cotton and other wools, drugs (except opium), and manu-
factured goods, and all other wares, merchandise, fish, articles,
matters, or things, per ton 30 do.
5.For opium, per chest 20 do.

Small Parcels.
1.For parcels not exceeding seven pounds in weight, each 5 do.
2.For parcels exceeding seven pounds and not exceeding fourteen
pounds in weight, each 10 do.
3.For parcels exceeding fourteen pounds and not exceeding
twenty-eight pounds in weight, each 15 do.
4.For parcels exceeding twenty-eight pounds and not exceeding
fifty-six pounds in weight, each 20 do.
5.For any parcel exceeding fifty-six pounds in weight, such sum
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 in separate packages.

Regulations as to Tolls.
1. A fraction of a mile beyond an integral number of miles shall be deemed
a mile.
2. For a fraction of a ton, the Company may demand andd take tolls and
charges according to the number of the quarters of a ton in such fraction, and
if there is a fraction of a quarter of a ton, such fraction shall be deemed a
quarter of a ton.
3. With respect to all articles, except stone and timber, the weight shall
be determined according to the usual avoridupois weight.
4. With respect to stone and timber, fourteen cubic feet of stone, fifty cubic
feet of China fir or Singapore cedar, and forty cubic feet of any other timber
shall be deemed one ton weight, and so on in proportion ofr any smaller quantity.


1844-1899 vol.1 p.432 1844-1901 vol.1 p.433




1844-1901 vol.1 p.434


THE FIFTH SCHEDULE
SPECIAL INDORSEMENT OF WRIT OF SUMMONS
This action is brought for the purpose of ascertaining the compensation to
be paid by the Company for the interest of (the vender or other assuring or
releasing party) as (mention teh nature of the interest) in (describe the pre-
mises required by the Company) under the provisions of the Tramways
Ordinance,1883.

A.D. 1883. Ordinance No. 6 of 1883, with Ordinance No. 18 of 1883 incorporated.
Short title.
Interpretation of terms.
Names of promoters. Power to promoters to assign undertaking. Power to construct and work certain tramways. See Notification No. 219 in The Gazette of the 26tth May, 1888, and Notification No. 327 in The Gazette of the 26th July, 1889. Plans of tramways. Power to lay single line where double line authorized. Power to alter certain brideges, etc. Power to make addi- tional crossings, etc. Tramways to be in middle of roads, etc. Gauge of Tramways. Nos. 1 to 5. Gauge of Tramway no. 6. Power to break up roads. Completion of works and reinstatement of road. Further provisions as to construction of tramways. Repair of roads on which tramways laid. Penalty for not maintaining rails at proper at level and in good condition. Power to make tempo- rary tramways, when necessary. Application of road materials in construction of works. Provision as to works of gas, water, and telegraph companies. Protection of sewers, etc. Saving of rights of other companies, etc., to open roads. Settlement of difference between Company and others (other than Surveryor General.) Settlement of difference between Company and Surveyor General. Tramways not to be opened until certified, etc. See marginal note to s. 5. Cesser of powers on occurrence of certain defaults. Licences to third parties to use tramways. Penalty on licensee for default in payment of tolls. Licensee to give account of passengers. Penalty on licensee for not accounting, etc. Settlement of dispute as to rolls. Libaility of licensee for damage. Discontinuance of tramway by Compnay. Proceedings in case of insolvency of Company. Purchase by Government of tramways. Motive power to Tramways. Nos. 1 to 5. First Schedule. Motive power of Tramway No. 6. Constitution of carriages. Power to authorities to inspect engines, etc. Penalty for using unauthorized steam or mechanical power. Rule of the road. Making of regulations and by-laws. Power to impose penalty in regulations or by-laws. Wheels of carriages and gauge of carriages and engines. Power to Company to sell undertaking. Power to Company to let undertaking. Power to Company to mortgage undertaking. Right of user of tramways by Governorment. Payment of tolls by Government for user. Nature of traffic upon tramways. Right of Company to refuse to carry goods. Right of Company to take tolls for passengers. Second Schedule. Distance covered by tolls. Limitation of obligation to carry passengers. Passengers' luggage. Tolls for animals, goods, etc. Third Schedule. Payment of tolls. Duty of Company to reinstate roads on abandonment of undertaking. Wilful obstruction of person acting under authority of Company, etc. Interfecting with tramway, etc. Avoiding payment of fare, etc. Detention of transient offender. Penalty for bringing dangerous goods on tranway. Penalty for using tramway with flange-wheeled carriages. Power to Company to purchase lands by agreement. Power to parties under disability to sell and assign lands. Power to parties under disability to release lands, etc. Compensation where parties are under disability. Part of capital to be subscribed before compulsory powers exercised. Notice of intention to take specified lands. Fourth Schedule. Delivery of particulars of claim. Statement of compensation to be paid, etc. Determination of compensation. Issue of writ. Special indorsement of writ. Fifth Schedule. Application for reference. Practice to be followed in action. Determination of compensation to absent parties. Damage for severance, etc. may be included in compensation. Right of absent party to have compensation determined by action, although already ascertained. Question to be determined in such action. Payment of further sum, if awarded. Costs of inquiry. Settlement of compensation where no satisfaction previously mede. Payment into Court of purchase money payable to parties under disability exceeding $1,000, and application thereof. Order for application and investment mean-while. Payment into Court or to trustees of sums from $100 to $1,000. Payment to parties entitled of sums not exceeding $100. Application of compensation to parties not absolutely entitled. Power to the Court to direct application of money in respect to life interests in lands, etc. Assignment or vesting of lands on payment being made. Payment into Court where parties refuse to assign, or do not show title, or cannot be found. Vesting of lands on payment into Court being made, and deed being executed. Application of money so paid into Court. Party in possession of lands to be deemed owner thereof. Costs in cases of money paid into Court. Form of assignment. Costs of assigment. Taxation of costs of assignment. Payment of price of lands to be made previous to entry, etc. Right of Company to enter upon lands before purchase, on making deposit by way of security and giving bond. Money so paid into Court to remain as security, and to be applied under direction of the Court. Penalty on Company entering upon lands wihtout consent before payment of purchase money. Proceedings in case of refusal of deliver possession of lands. Parties not to be required to sell part of house. Power to Company to purchase or redeem mortgage. Payment into Court of mortgage money on refusal to accept it. Sum to be paid when mortgage exceeds value of lands. Payment into Court of money when mortgagee fails to assign his interest, etc. Sum to be paid where part only of mortgaged lands taken. Payment into Court of money when mortgagee fails to assign his interest, etc. Compensation to be made in certain cases, if mortgage paid off before stipulated time. Release of lands from rent-charge, etc. Release of part of lands from rent-charge. Payment into Court in case or refusal to release. Charge to continue on lands not taken. Apportionment of rent where part only of lands under lease taken. Compensation to be made to lessee. Compensation to be made to tenant from year to year. Production of lease where greater interest claimed than tenancy at will. Limit of time for compulsory purchase. Power to Company to purchase interests in lands, purchase whereof may have been omitted by mistake. Estimation of value of such lands. Payment of costs of litigation as to such lands. Lands not wanted to be sold, or, in default, to vest in the Crown. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. See Ordinance No. 3 of 1890. Perjury. Responsibility of Company for damage. Right of user. of roads. Saving of powers of Police to regulate traffic. No. 2 of 1869. Saving of rights of public. Saving for general Ordinances. Reservation of rights of the Crown, etc. Section 36. Break power of engine. Fitting of engine. Freedom of engine from noise, etc. Section 52. Tariff for passengers on Tramways Nos. 1-4. Tariff for passengers on Tramway No. 5. Tariff for passengers on Tramway No. 6. Section 56. Tariff for animals. Tariff for goods and minerals. Tariff for small parcels. Fraction of mile. Fraction of ton. Determination of weight. Weights of stone and timber. Section 75.

A.D. 1883. Ordinance No. 6 of 1883, with Ordinance No. 18 of 1883 incorporated.
Short title.
Interpretation of terms.
Names of promoters. Power to promoters to assign undertaking. Power to construct and work certain tramways. See Notification No. 219 in The Gazette of the 26tth May, 1888, and Notification No. 327 in The Gazette of the 26th July, 1889. Plans of tramways. Power to lay single line where double line authorized. Power to alter certain brideges, etc. Power to make addi- tional crossings, etc. Tramways to be in middle of roads, etc. Gauge of Tramways. Nos. 1 to 5. Gauge of Tramway no. 6. Power to break up roads. Completion of works and reinstatement of road. Further provisions as to construction of tramways. Repair of roads on which tramways laid. Penalty for not maintaining rails at proper at level and in good condition. Power to make tempo- rary tramways, when necessary. Application of road materials in construction of works. Provision as to works of gas, water, and telegraph companies. Protection of sewers, etc. Saving of rights of other companies, etc., to open roads. Settlement of difference between Company and others (other than Surveryor General.) Settlement of difference between Company and Surveyor General. Tramways not to be opened until certified, etc. See marginal note to s. 5. Cesser of powers on occurrence of certain defaults. Licences to third parties to use tramways. Penalty on licensee for default in payment of tolls. Licensee to give account of passengers. Penalty on licensee for not accounting, etc. Settlement of dispute as to rolls. Libaility of licensee for damage. Discontinuance of tramway by Compnay. Proceedings in case of insolvency of Company. Purchase by Government of tramways. Motive power to Tramways. Nos. 1 to 5. First Schedule. Motive power of Tramway No. 6. Constitution of carriages. Power to authorities to inspect engines, etc. Penalty for using unauthorized steam or mechanical power. Rule of the road. Making of regulations and by-laws. Power to impose penalty in regulations or by-laws. Wheels of carriages and gauge of carriages and engines. Power to Company to sell undertaking. Power to Company to let undertaking. Power to Company to mortgage undertaking. Right of user of tramways by Governorment. Payment of tolls by Government for user. Nature of traffic upon tramways. Right of Company to refuse to carry goods. Right of Company to take tolls for passengers. Second Schedule. Distance covered by tolls. Limitation of obligation to carry passengers. Passengers' luggage. Tolls for animals, goods, etc. Third Schedule. Payment of tolls. Duty of Company to reinstate roads on abandonment of undertaking. Wilful obstruction of person acting under authority of Company, etc. Interfecting with tramway, etc. Avoiding payment of fare, etc. Detention of transient offender. Penalty for bringing dangerous goods on tranway. Penalty for using tramway with flange-wheeled carriages. Power to Company to purchase lands by agreement. Power to parties under disability to sell and assign lands. Power to parties under disability to release lands, etc. Compensation where parties are under disability. Part of capital to be subscribed before compulsory powers exercised. Notice of intention to take specified lands. Fourth Schedule. Delivery of particulars of claim. Statement of compensation to be paid, etc. Determination of compensation. Issue of writ. Special indorsement of writ. Fifth Schedule. Application for reference. Practice to be followed in action. Determination of compensation to absent parties. Damage for severance, etc. may be included in compensation. Right of absent party to have compensation determined by action, although already ascertained. Question to be determined in such action. Payment of further sum, if awarded. Costs of inquiry. Settlement of compensation where no satisfaction previously mede. Payment into Court of purchase money payable to parties under disability exceeding $1,000, and application thereof. Order for application and investment mean-while. Payment into Court or to trustees of sums from $100 to $1,000. Payment to parties entitled of sums not exceeding $100. Application of compensation to parties not absolutely entitled. Power to the Court to direct application of money in respect to life interests in lands, etc. Assignment or vesting of lands on payment being made. Payment into Court where parties refuse to assign, or do not show title, or cannot be found. Vesting of lands on payment into Court being made, and deed being executed. Application of money so paid into Court. Party in possession of lands to be deemed owner thereof. Costs in cases of money paid into Court. Form of assignment. Costs of assigment. Taxation of costs of assignment. Payment of price of lands to be made previous to entry, etc. Right of Company to enter upon lands before purchase, on making deposit by way of security and giving bond. Money so paid into Court to remain as security, and to be applied under direction of the Court. Penalty on Company entering upon lands wihtout consent before payment of purchase money. Proceedings in case of refusal of deliver possession of lands. Parties not to be required to sell part of house. Power to Company to purchase or redeem mortgage. Payment into Court of mortgage money on refusal to accept it. Sum to be paid when mortgage exceeds value of lands. Payment into Court of money when mortgagee fails to assign his interest, etc. Sum to be paid where part only of mortgaged lands taken. Payment into Court of money when mortgagee fails to assign his interest, etc. Compensation to be made in certain cases, if mortgage paid off before stipulated time. Release of lands from rent-charge, etc. Release of part of lands from rent-charge. Payment into Court in case or refusal to release. Charge to continue on lands not taken. Apportionment of rent where part only of lands under lease taken. Compensation to be made to lessee. Compensation to be made to tenant from year to year. Production of lease where greater interest claimed than tenancy at will. Limit of time for compulsory purchase. Power to Company to purchase interests in lands, purchase whereof may have been omitted by mistake. Estimation of value of such lands. Payment of costs of litigation as to such lands. Lands not wanted to be sold, or, in default, to vest in the Crown. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. See Ordinance No. 3 of 1890. Perjury. Responsibility of Company for damage. Right of user. of roads. Saving of powers of Police to regulate traffic. No. 2 of 1869. Saving of rights of public. Saving for general Ordinances. Reservation of rights of the Crown, etc. Section 36. Break power of engine. Fitting of engine. Freedom of engine from noise, etc. Section 52. Tariff for passengers on Tramways Nos. 1-4. Tariff for passengers on Tramway No. 5. Tariff for passengers on Tramway No. 6. Section 56. Tariff for animals. Tariff for goods and minerals. Tariff for small parcels. Fraction of mile. Fraction of ton. Determination of weight. Weights of stone and timber. Section 75.

https://oelawhk.lib.hku.hk/items/show/603

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