SEPT. 1.]
THE NEW ZEALAND GAZETTE.
1145

one thousand eight hundred and eighty-one, upon |
plted at the expiration of forty-eight calendar
the consent of the Council of the said borough being | months from the date hereof, or of such extended time
first obtained in each and every instance by the said | as the Governor shall, by Order in Council, direct.
Company previously to such extension, a tramway or | And I hereby further direct that the line from the
tramways, of the gauge, and subject to the regulations, | junction of Colombo and Tuam Street, and the
hereinafter contained, that is to say,— | Lincoln Road to the Addington Railway Station, be
I hereby order that the gauge of the said several | substantially commenced within twelve months from
tramways shall be four feet eight inches and one-half | the date of this order; and that the said works shall
of an inch: | be completed to the full extent of this order at the
That the rails to be used in the construction of the | expiration of twenty-four months from the date
said tramway shall be of Bessemer steel, weight at | hereof, or of such extended time as the Governor
least thirty-five pounds to the yard, and shall be of | shall, by Order in Council, direct: Provided always
the same pattern as the rails now used on the Christ- | that this and the last two preceding paragraphs of
church City Tramways, or such a form as shall have | this order shall not be deemed to limit the time for
been submitted to and approved by the Governor: | the construction of passing-places and stopping-
That the rails of the said tramway shall be laid so | places as hereinbefore authorized, or for the con-
that the centre between the rails shall be as near as | struction of the said extensions along any public
possible to the centre line of the different streets or | roads, streets, and places not herein or in the before-
highways, allowing for turns, curves, crossings, and | mentioned deeds especially mentioned, and situate
side lines, except as to that part of the line extending | within the said district or Borough of Sydenham re-
from the junction of Tuam Street with the Lincoln | spectively, on the consent of the Road Board for the
Road and along that road to the South Town Belt | Road District of Heathcote and the Council of
the rails of the said tramway shall be laid as indicated | the said Borough of Sydenham being respectively
on the deposited plans, and shall be kept on a level | obtained, as hereinbefore specified.
with the surface of such streets or roads through | And I hereby further direct that, after the con-
which the said tramway shall pass, so that at all | struction of the said several lines and works, the
times ordinary vehicles may cross the same with ease | same, and all plant used therewith, shall at all times
and safety: | be kept by the said Company in good repair and con-
That proper passing-places and stopping-places | dition to the satisfaction of the engineers or sur-
shall and may from time to time, and also at times | veyors of the respective local authorities aforesaid;
beyond the dates hereinafter mentioned and fixed for | and that the said Company shall at all times keep,
the completion of the said specified lines of tramways, | use, and maintain a sufficient quantity of plant to
be constructed along the lines of the said tramway | subserve the purposes of the undertaking.
for the purpose of such tramway, and so as to sub- | And I hereby further direct that the said several
serve the public convenience; but subject to the | lines of tramway and works shall be deemed com-
provisions in that behalf in the said several deeds of | pleted, for the purposes of this order, and within the
concession provided: | meaning of the said Tramways Act, when the same
That the power to be used on the said tramway | shall have been certified to be complete by an engi-
shall be mechanical or animal power, or both, at the | neer to be appointed in that behalf by the Governor
option of the said Company; but, if worked by steam, | for the time being of the Colony of New Zealand;
the engines to be noiseless and to consume their own | such engineer to be entitled, for the purpose of such
smoke, and such as shall not, in the opinion of the | certificate, free of all cost to inspect the same, and
Governor, cause a nuisance or inconvenience to the | all the works connected therewith, and all the plant
public. | to be used in working the same.
And I hereby direct that the said tramways shall | And I hereby further direct that the said Com-
be used both for passenger and goods traffic, and that | pany shall at all times conduct the business of the
the tolls and charges mentioned in the Schedule | undertaking in such a manner as shall not interfere
hereto shall be chargeable for the use of the said | with the ordinary traffic of the streets and public
tramway, subject to the regulations in that behalf | places through which the same shall extend, beyond
in the said Schedule contained. | such interference as is unavoidably incident to the
And I hereby further order that the said Company | business of the undertaking; and that the business of
may, for the purposes of the said tramway, acquire | the undertaking shall at all times be carried on in a
all necessary land for the said works and under- | manner conducive to the public convenience.
taking to the extent of not more than six acres. | And I hereby further direct that, except in so far
And I hereby further direct that the construction | as is expressly provided for in the said several deeds
of the Sydenham line, from the Agricultural Show- | of consent, the provisions of the said Act are to be
grounds, by way of Colombo Road, and the line from | deemed to apply to any purchase of the tramway
Colombo Street, along the said Town Belt to the | which may be made by the said local authorities.
railway station, authorized by this order, shall be | And I hereby further direct that the Governor for
substantially commenced within twelve months from | the time being of the Colony of New Zealand shall
the date of this order; and that the said works shall | be the sole judge of the fact whether the require-
be completed to the full extent of this order at the | ments of this order have been complied with, and the
expiration of twenty-four months from the date of | said Governor for the time being may make inquiry
this order, or at the expiration of such extended time | into the matter as he thinks fit, and his decision shall
as the Governor shall, by Order in Council, direct. | be final.
And I hereby further direct that the construction | And, further, I do hereby declare that, for the pur-
of the line from High Street, aforesaid, to the East | poses of this order, the term "loop-lines" means
Town Belt, by way of the Ferry Road, shall be sub- | sidings, as passing-places or stopping-places on the
stantially commenced within twelve months from the | same streets or roads on which tramways are or may
date of this order; and that the part thereof extend- | be lawfully constructed by virtue of this order.
ing as far as the Steam Wharf, on the Heathcote | And, lastly, I do hereby order and declare that
River, shall be completed to the full extent of this | nothing herein contained shall be deemed in any way
order at the expiration of twenty-four months from | to interfere with, affect, or abridge any rights or
the date hereof, or of such extended time as the | powers that may be vested in Her Majesty the Queen,
Governor shall, by Order in Council, direct; and | or in the Governor on her behalf, or otherwise under
that the residue of the said line, extending from the | any Acts of the General Assembly authorizing the
Steam Wharf to the Heathcote Bridge, shall be com- | construction of railways or the erection or construc-