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The Indian Tramways Act, 1886 37. Recovery of tolls from licensees.- (1) If a licensee fails to pay on demand the tolls due for the use of a tramway, the promoter or lessee to whom the tolls are due may, without prejudice to the remedy which he may have by suit, apply to a Magistrate to recover the amount of the tolls, and the Magistrate may, after giving notice to the licensee, if possible, and allowing him an opportunity of being heard, proceed to recover the amount by distress and the sale of any carriages or other moveable property of the licensee which may be found on the tramway or on premises connected therewith. (2) When a licensee has failed to pay on demand the tolls due from him, the promoter or lessee to whom the tolls are due may seize any carriage or other moveable property of the licensee on the tramway or on premises connected therewith, and detain the same for forty-eight hours unless the tolls are sooner paid. (3) When application is made to a Magistrate under sub-section (1), he may make an interim order of distraint pending his final decision.    |
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