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THE HONGKONG GOVERNMENT GAZETTE, JULY 16, 1909.
Appoint- ment of arbitrators.
Mode of arbitration.
Written decision to be forward-
ed to
Colonial Secretary.
Apportion- ment of costs.
(a.) There shall be two arbitrators one of whom shall be nominated by the Governor and the other by the person claiming compensation.
(b.) The two arbitrators so nominated shall view the land or property in respect of which such compensation is claimed with the view of decid- ing what sum should in the circumstances of the case be awarded as compensation and if the said arbitrators agree as to the amount their decision shall be final. In case of disagree- ment they shall and at any stage of the arbitra- tion they may refer tho matter in dispute to the Puisne Judge of the Supreme Court sitting in Chambers as umpire and the decision of such Puisne Judge thereon shall be final.
(c.) The decision of the arbitrators or the umpire as the case may be shall be forwarded in writing to the Colonial Secretary.
(4.) Where the amount of compensation if any is determined by the arbitrators each party shall pay the costs incurred by him in respect of the matter of the arbitration, but if the matter in dispute is referred to the Puisne Judge the costs of and incident to the arbitration and the enquiry by the Puisne Judge shall be in the discretion of the said Judge,
Provided that the Governor-in-Commeil shall as soon as may be after the commencement of the construction of any railway works by notification to be published in the Gazette fix a date after which no elaina for compensation shall lie.
Penalty for
13. Every person who without lawful excuse the proof interference of which shall lie on him wilfully does any of the follow- with railway works.
ing things, namely, interferes with, removes, or alters any part of a railway or of the works connected therewith, shall on conviction thereof in a summary way be liable to a penalty not exceeding twenty-five dollars in addition to any proceedings to which he may be liable by way of indictment or otherwise,
Removal of trees danger-
ons to or
obstructing the working of a railway.
Permission
of Magis- urate.
Wheu per- mission of Magistrate
not neces-
sary.
A Civil Court.
14.-(1.) In either of the following cases namely :--
(a.) Where there is danger that a tree standing near a railway may fall on the railway so as to obstruct traffic;
(4.) When a tree obstructs the view of any fixed
signal:
The railway administration may with the permission of any Magistrate fell the tree or deal with it in such other manner as will in the opinion of the railway administra- tion avert the danger or remove the obstruction as the case may be,
(2.) In case of emergency the power mentioned in sub- section (1) may be exercised by the railway administra- tion without the permission of a Magistrate,
(3.) A Civil Court shall not entertain a suit to recover not to enter compensation for any free felled or otherwise dealt with un-
der this section.
tain action
in respect of
any rec
felled,
Right to use
Opening of the Railway.
15. The railway administration may Use upon Hy locomotives, railway locomotive engines or other motive power and roll-
ing stocks to be drawn or propelled thereby,
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