Aug. 17.] THE NEW ZEALAND GAZETTE. 1521

4. Before commencing to construct or make any tunnel or overhead way the Corporation shall submit proper plans with cross-sections of the proposed works to the Engineer-in-Chief of the Colony, and the Corporation shall not commence such construction until the said plans shall have been approved of in writing by the said Engineer-in-Chief, and shall then construct and make the same tunnels and overhead way in accordance with the plans so approved of, or otherwise in accordance with any modification of, addition to, or alteration in such plans that may have been assented to in writing by the said Engineer-in-Chief previous to all the modifications, additions, or alteration being actually made in the work.

5. No embankments are to be thrown up that will screen the gun- or rifle-fire from the fort in the Gardens Battery Reserve, and the level of the earthworks of the tramway through the said reserve shall not be raised above the present ground-level. In the event of war being declared between Great Britain and any foreign Power, the Governor may remove the tramway from the said reserve, or make such alterations in or about the tramway as he may deem expedient, and no compensation shall be paid by the Government in respect of anything done in the exercise of this power.

6. Each engine, carriage, and car shall be fitted with complete and efficient brake-gear, the details of which shall be submitted to and approved by the Minister for Public Works, or an officer appointed by him from time to time for that purpose, and the whole of the rolling-stock, cables, and driving-machinery for operating and controlling the traffic to be used on the said tramway shall, before the same is allowed to be used, also be approved by the said Minister, or by some officer to be appointed by him from time to time for that purpose.

7. The power to be used upon the said tramway shall be steam, gas, water, or compressed-air power, operating fixed engines for the purpose (a) of driving an endless cable to haul the cars, or (b) to propel the cars when a single car or a train of cars is attached to each end of a wire-cable passing round a drum or sheave at the top of the incline, or to generate electricity to be used for the same purpose, or (c) water may be used so as by its weight alone to propel the cars when trains of cars are balanced against each other as described in (b). Should electricity be used as a motive-power the “overhead” system shall be adopted, in which the electric current is supplied from a strong overhead conductor called “the trolley-wire,” and carried through an overhead trolley and conductor to the motors on the cars, the rails and an auxiliary wire being used at the ground-surface for the return current. The wire carrying the return current shall be connected to the negative pole of the dynamo. The electro-motive force of the current used for driving the car-motors shall not exceed 500 volts: Provided, however, that electricity shall not be used as a motive-power until full details of the works proposed in connection therewith shall have been submitted to and approved by the Minister for Public Works before any portion of such work is begun, and the rules of the Board of Trade in London for the time being in force in reference to electric traction shall also be observed in the construction and working of the tramway.

And it is hereby also ordered and directed as follows:—

8. The said tramway shall be used both for passengers and goods traffic, and the tolls and charges mentioned in the Schedule hereto shall be chargeable for the use of the said tramway, subject to the regulations in that behalf in the said Schedule contained: Provided always that the Corporation shall at all times be at liberty to refuse to carry any animals or any goods whatsoever other than passengers’ luggage not exceeding 112 lb.

9. The construction of the said tramway shall be substantially commenced within nine calendar months from the date of this Order, and shall be completed and open for public traffic within the expiration of two years from such commencement, or such further period as the Minister for Public Works may by writing allow: Provided that nothing herein contained shall be deemed to prescribe any limit for the construction of passing-places and stopping-places as hereinbefore authorised, or any alterations or additions thereto.

10. If the said tramway is not completed and open for public traffic within the time mentioned in the preceding paragraph of this Order for the completion of the same, all the powers, rights, and privileges granted to the Corporation by this Order of making and using the said tramway shall utterly lapse and be of no effect.

11. After the construction of the said works, the same and all plant used therewith shall at all times be kept by the Corporation in good repair and condition, to the satisfaction of the Engineer-in-Chief.

12. The Corporation shall at all times keep, use, and maintain a sufficient quantity of plant to subserve the purposes of the undertaking, and make adequate provision for the accommodation of the public.

13. The tramway shall be deemed to be completed for the purposes of this Order, and within the meaning of “The Tramways Act, 1894,” and “The Wellington High Levels Tramway Act, 1898,” when the same shall have been certified to be complete by an Engineer to be appointed in that behalf by the Minister for Public Works, such Engineer to be entitled, for the purpose of such certificate, free of all cost to inspect the same and all the works connected therewith, and all plant to be used in working the same.

14. The business of the undertaking shall at all times be carried on in a manner conducive to the public convenience and in accordance with this Order and the regulations forming part of the same.

15. The Corporation shall be liable to a penalty of not less than one pound and not exceeding ten pounds for each and every time that the Corporation fails or neglects to observe any of the provisions of the regulations herein contained for regulating the working and management of the said tramway, and such penalty may be recovered in a summary way in any Court of competent jurisdiction by any person appointed by the Governor to recover the same.

16. The Governor shall be the sole judge of the fact whether the requirements of this Order have been complied with, and may make inquiry into the matter in such manner as he thinks fit, and his decision shall be final.

17. In case the Corporation shall, in the opinion of the Governor, at any time hereafter fail or neglect to observe, perform, fulfil, and keep all and singular the requirements, conditions, and provisions of “The Tramways Act, 1894,” “The Wellington High Levels Tramway Act, 1898,” or any other Act for the time being in force relating to tramways, and of this Order, to the full intent of the same, or to observe any by-laws, rules, or regulations which may from time to time be made and passed under the provisions of “The Tramways Act, 1894,” or any other Act for the time being in force relating to tramways, then it shall be lawful for the Governor by Order in Council to revoke and annul this Order and all rights, powers, and privileges hereby granted.

18. The costs and charges of and connected with any power, duty, or authority which, under or by virtue of this Order, is required to be exercised, performed, or enforced by the Governor, or on his behalf, or by the Minister for Public Works, or any engineer or other public officer duly authorised in that behalf, shall be paid by the Corporation.

19. The Corporation may use electricity for the purpose of lighting the said tramway, subject, however, to the provisions of section 9 of “The Wellington High Levels Tramway Act, 1898.”

20. The Corporation may purchase or take under the provisions of “The Public Works Act, 1894,” and “The Wellington High Levels Tramway Act, 1898,” any lands necessary for the construction and maintenance of the said tramway, and may, in lieu of taking lands, take under the provisions of the said Acts so much only of the subsoil of any lands as will enable it to construct tunnels in places where tunnels are required, and may from time to time, with the consent of the Minister for Public Works, purchase or take under the provisions of the said Acts any further lands that may be required for the said tramway or any roads, ways, and approaches thereto.

21. Whenever in this Order the expressions “Governor” or “Minister for Public Works” or “Engineer-in-Chief” occur, such expressions shall be deemed to refer to the persons holding such offices for the time being, as the case may require. And any power, authority, or duty by this Order conferred or imposed upon the Corporation may be exercised or performed from time to time by the Council of such Corporation within the meaning of “The Municipal Corporations Act, 1886,” and in the manner thereby authorised.

22. Nothing herein contained shall be deemed to limit or abridge the rights, powers, and authorities of the Corporation under “The Tramways Act, 1894,” and “The Wellington High Levels Tramway Act, 1898,” except so far as they are herein expressly limited or abridged.

23. Nothing herein contained shall be deemed in any way to interfere with, affect, or abridge any powers or rights that may be vested in Her Majesty the Queen or in the Governor on her behalf, or otherwise under any Acts of the General Assembly authorising the construction of railways, or the erection or construction of any public work which her said Majesty, or the Governor on her behalf, may be authorised to construct; nor shall Her Majesty or the Governor, or any person on her or his behalf, be liable to pay to the Corporation any compensation for injury done to the tramway by the construction of any such railway or any other public work as aforesaid, or for the loss of traffic occasioned thereby, or for the exercise of any such right or power as aforesaid.