Tramways to be removed in certain cases
32 Tramways to be removed in certain cases
If, at any time after the opening of any tramway in any district for traffic, the promoters discontinue the working of such tramway, or of any part thereof, for the space of three calendar months (such discontinuance not being occasioned by circumstances beyond the control of such promoters, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control), and such discontinuance is proved to the satisfaction of the road authority, the Governor, on the recommendation of such road authority, if he think fit, may, by order, declare that the powers of the promoters in respect of such tramway, or the part thereof so discontinued, shall from the date of such order be at an end, and thereupon the said powers of the promoters shall cease and determine. Where any such order has been made, the road authority of such district 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, remove the tramway, or part of the tramway, so discontinued, and the promoters shall pay to the road authority the cost of such removal, and of the making good of the road by the road authority, such cost to be certified by the clerk for the time being, or by some other authorised officer, of the road authority, whose certificate shall be final and conclusive; and if the promoters fail to pay the amount so certified within one calendar month after delivery to them of such certificate, or a copy thereof, the road authority may, without any previous notice to the promoters (but without prejudice to any other remedy for the recovery of the amount), sell and dispose of the materials of the tramway, or part of tramway, removed, either by public auction or private sale, and for such sum or sums, and to such person or persons, as the road authority may think fit, and 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 road authority to the promoters.
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