Tramways Act, 1885 may out of the proceeds of such sale pay and reimburse themselves the amount of the cost certified as aforesaid, and of the cost of sale, and the balance (if any) of the proceeds of the sale shall be paid over by the local authority to the promoters. 28. If at any time after the opening of the tramway in any district for traffic, it appears to the local authority of such district that the promoters of such tramway are insolvent, so that they are unable to maintain such tramway or work the same with advantage to the public, and such local authority makes a representation to that effect to the Governor, the Governor may direct an inquiry by the Commissioner of Railways into the truth of the representation, and if the Commissioner shall find that the promoters are insolvent as aforesaid, the Governor may declare that the powers of the promoters shall at the expiration of six calendar months from the making of the order be at an end, and the powers of the promoters shall cease and determine at the expiration of the said period unless the same are purchased by the local authority: and thereupon such local authority may sell the tramway as a whole, either by auction or by private sale, or may remove the tramway in like manner and subject to the same provisions as to the payment of the costs of such removal in every respect as in cases of removal under the next preceding section. 29. The promoters shall in no case mortgage, sell, or transfer the Power of sale tramway, or any part thereof, without the consent of the Governor. Where any tramway in any district has been opened for traffic for a period of six months the promoters may, with the consent of the Governor, sell their undertaking to any person, persons, corporation, or to the local authority of the district and where any such sale has been made, all the rights, powers, authorities, obligations and liabilities of such promoters in respect to the undertaking sold shall be transferred to, vested in, and may be exercised by and shall attach to the person, persons, corporation, company, or local authority to whom the same has been sold, in like manner as if such tramway was constructed by such person, persons, corporation, company or local authority under the powers conferred upon them by special Act, and in reference to the same they shall be deemed to be the promoters. 30. If at any future time the Government shall construct, erect, or authorise the construction or erection of any line or lines of tramway or railway, the construction or erection of which may or may be supposed to injuriously affect, whether by competition or otherwise, the lines of tramway authorised by any special Act, the promoters or lessees shall not be entitled to receive or claim any compensation from the Government by reason of such damage or injury. Government not pensate bound to com 31. The promoters or lessees of a tramway authorised by a special Tolls, &c. Act may demand and take, in respect of such tramway, tolls and charges not exceeding the sums specified in such special Act, subject and according to the regulations therein specified. A list of all the tolls and charges authorised to be taken shall be exhibited in a conspicuous place inside and outside each of the carriages used upon the tramways. 32. The promoters or lessees shall once in every year at the least Accounts to be cause to be prepared an account, in such a form or manner as may be annually trans VOL II. L mitted to Commissioner of Railways By-laws by local authority Promoters may make certain regulations Penalties may be imposed in bylaws Power to local authority to Tramways Act, 1885 prescribed by the Commissioner of Railways and duly signed by a responsible officer or agent, showing amounts realised from all tolls, charges, and other payments, and also of all outgoings, debts, expenses, and liabilities incurred by or on behalf of the promoters for the past year, under the several and distinct heads of receipts and expenditure, together with an account showing the number of miles run by the cars and passengers carried, the number of cars and vehicles, horses and other property of the promoters or lessees, used or required for the purposes of the tramway, and any other information which the Commissioner may require. And the promoters or lessees shall cause to be transmitted three copies of such accounts to the Commissioner of Railways on or before the thirty-first day of January in every year. And in the event of the promoters or lessees not forwarding such an account at the time hereinbefore provided, they shall forfeit and pay a sum or penalty of Ten shillings for every day during which the said account is withheld from the said Commissioner. 33. Subject to the provisions of the special Act authorising any tramway and this Act, the local authority of any district in which the same is laid down may from time to time make regulations as to the following matters : The rate of speed to be observed in travelling upon the tramway; The distances at which the cars using the tramway shall be allowed to follow after the other; The stopping of cars using the tramway; The traffic on the road in which the tramway is laid. 34. The promoters of any tramway and their lessees may from time to time make regulations: For preventing the commission of any nuisance in or upon any car, or in or against any premises belonging to them; For regulating the travelling in or upon any carriage belonging to them; and for better enforcing the observance of all or any of such regulations, it shall be lawful for such local authority and promoters respectively to make by-laws for all or any of the aforesaid purposes, and from time to time repeal or alter such by-laws and make new by-laws; provided that such by-laws be not repugnant to the laws of the Colony. No such by-law shall have any force or effect until it be approved and sanctioned by the Governor and has been signed by the Commissioner of Railways. 35. Any such by-law may impose reasonable penalties for offences against the same, not exceeding Forty shillings for each offence, with or without further penalties for continuing offences; 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. 36. The local authority shall have the like power of making and enforcing rules and regulations and of granting licenses with respect Tramways Act, 1885 to all cars using the tramways, and to all drivers, conductors, and license drivers, other persons having charge of or using the same. conductors, &c. moters in laying out tramway 37. If any person wilfully obstructs any person acting under Penalty for obthe authority of any promoters in the lawful exercise of their powers struction of proin setting out or making, forming, laying down, repairing or renewing a tramway, or defaces or destroys any mark made for the purpose of setting out the line of the tramway, or damages or destroys any property of any promoters, lessees, or licensees, he shall for every such offence be liable to a penalty not exceeding Five pounds. 38. If any person, without lawful excuse (the proof whereof shall lie on him), wilfully does any of the following things, namely:Interferes with, removes, or alters any part of a tramway, or of the works connected therewith; Places or throws any stones, dirt, wood, refuse, or other material Does or causes to be done anything in such manner as to Or knowingly aids or assists in the doing of any such thing: 39. If any person travelling or having travelled in any carriage on any tramway avoids or attempts to avoid payment of his fare, or if any person having paid his fare for a certain distance knowingly and wilfully proceeds in any such carriage beyond such distance, and does not pay the additional fare for the additional distance, or attempts to avoid payment thereof, or if any person knowingly and wilfully refuses or neglects on arriving at the point to which he has paid his fare to quit such carriage, every such person shall for every such offence be liable to a penalty not exceeding Forty shillings. Penalties for wil ful injury or obstruction to tramways, &c. Penalty on passengers practisthe promoters ing frauds on offenders 40. It shall be lawful for any officer or servant of the promoters or Transient lessees of any tramway, and all persons called by him to his assistance, to seize and detain any person discovered either in or after committing or attempting to commit any such offence as in the next preceding section is mentioned, and whose name or residence is unknown to such officer or servant, until such person can be conveniently taken before a Justice, or until he be otherwise discharged by due course of law. gerous goods on 41. No person shall be entitled to carry or to require to be carried Penalty for on any tramway any goods which may be of a dangerous nature; and bringing dan if any person send by any tramway any such goods without distinctly the tramway 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 be liable to a penalty not exceeding Twenty pounds for every such offence; and it shall be lawful for such promoters or lessees to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact. Penalty for per ways with carriages with Tramways Act, 1885 42. If any person, except under a lease from or by agreement with sons using tram the promoters or under license from the Commissioner of Railways as hereafter provided under this Act, uses a tramway or any part thereof with carriages having flange wheels or other wheels suitable only to run on the rail of such tramway, such person shall for every such offence be liable to a penalty not exceeding Twenty pounds. flanged wheels Promoters or lessees to be responsible for all damages Recovery of tolls, penalties, &c. Right of user only Arrangements between local authorities and trustees and promoters Reserving powers of local authori- Power for local or police authorities to regulate traffic on roads Reservation of right of public to use roads All accidents entailing loss of to the Commissioner of Railways 43. The promoters or lessees, as the case may be, shall be answerable for all accident, damages and injuries happening through their act or default, or through the act or default of any person in their employment, by reason or in consequence of any of their works or carriages, and shall save harmless all local authorities, companies or bodies, collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents, damages, and injuries. 44. All tolls, penalties and charges under this Act or under any by-law made in pursuance of this Act may be recovered and enforced before two Justices of the Peace. 45. Notwithstanding anything in this Act contained, the promoters of any tramway shall not acquire or be deemed to acquire any right other than that of user of any road along or across which they lay any tramway. 46. The local authority and the promoters of any tramway proposed to be laid may, with the approval of the Governor, enter into agreements with each other for the payment of a composition to such local authority in respect to the user of the road or roads for such tramway and the conveyance of traffic thereon, and may with the same approval alter such agreements from time to time. 47. Nothing in this Act shall take away or affect any power which any local authority or the owners, commissioners, undertakers, or lessees of any railway, tramway, or inland navigation may have by law to widen, alter, divert, or improve any road, railway, tramway, or inland navigation. 48. Nothing in this Act shall limit the powers of the local authority or police in any district to regulate the passage of any traffic along or across any road along or across which any tramways are laid down, and such authority or police may exercise their authority as well on as off the tramway, and with respect as well to the traffic of the promoters or of lessees as to the traffic of other persons. 49. Nothing in this Act, or in any by-law made under this Act, shall take away or abridge the right of the public to pass along or across every or any part of any road along or across which any tramway is laid, whether on or off the tramway, with carriages not having flanged wheels or wheels suitable only to run on the rail of the tramway. 50. All accidents entailing loss of life or serious personal injury to life to be reported any person on the tramway, either caused by the promoters, or lessees, or their servants, or without their fault, shall be fully reported to the Commissioner of Railways within twenty-four hours of its occurrence; and the Commissioner of Railways may then, if he deem fit, hold or cause to be held an inquiry into the same. If the promoters or lessees Tramways Act, 1885 shall fail to report as aforesaid, they shall be liable to a penalty not exceeding Twenty pounds. 51. Every inquiry which the Commissioner of Railways shall by this Act make or direct to be made shall be made in accordance with the following provisions: Regulating inquiries before the Commissioner of Railways or his sub (1) The inquiry shall be made in public, before the Commissioner stitute (2) A week's notice at the least shall be given by the Commis- (8) The inquiry shall be commenced at the time and place so (4) The Commissioner of Railways or the officer appointed by (5) The Commissioner of Railways or the officer appointed by 52. The Commissioner of Railways may from time to time make, and, when made, may rescind, annul, or add to, rules with respect to the following matters: (1) The proceedings to be had before him under this Act; Rules for carrying |