121
12
122
No. 10 of 1902.
13
Rights of
Departments, etc., to open roads.
No. 10 of 1902.
TRAMWAY.
by a Government Department or the Eastern Extension Australasia and China Telegraph Company Limited and the Great Northern Telegraph Company Limited, or any ærial or subterranean line connected with any such cable, or the sheathings, coverings or supports of any such cable or line, shall be injuriously affected by the construction or working of the undertaking, or by electrolysis or other cause arising or resulting from the undertaking, the com- pany shall pay the expenses of all such alterations in or additions to such cable, line, sheathings, coverings or supports as may be necessary to remedy such injurious. affection. For the purposes of this section a cable or line shall be deemed to be injuriously affected if telegraphic, telephonic or electric communication by means of such cable or line is, whether through induction or otherwise, in any manner affected by any act or work of the company.
22. Nothing in this Ordinance shall take away or abridge any power to open or break up any road along or across which the tramway is laid or any other power now vested in any Department or person for the doing of any matter or thing which such Department or person is authorised to do, but in the exercise of such power all such Departments or persons shall be subject to the following restrictions:
(1) They shall cause as little detriment or inconvenience to the company as circumstances admit.
(2) Before they commence any works whereby the traffic on the tramway will be interrupted they shall (except in cases of urgency, in which case notice of the commencement of such work shall be given to the company within twenty-four hours after such commencement) give to the company and the Director of Public Works notice of their intention to commence such work, specifying the time at which they will begin to do so, such notice to be given twenty-four hours at least before the commencement of the work.
(3) They shall not be liable to pay to the company any compensation for loss of traffic occasioned thereby, or for the reasonable exercise of the powers so vested in them as aforesaid.
(4) Whenever for the purpose of enabling them to execute such works any such Department or person shall so require, the
shall either stop traffic on that portion of the tramway to which such notice shall refer, where it would
company
4:
TRAMWAY.
otherwise interfere with such work, or shore up and secure the same at its own risk and cost during the execution of the work there: Provided that such work shall always be completed with all reasonable expedition.
(5) Such work so far as it immediately affects the tramway shall not be executed except under the superintendence of the company, unless the company does not give such superin- tendence at the time specified in the notice for the commence- ment of the work, or permanently discontinues the same during the progress of the work, and such work shall be executed without cost to and to the reasonable satisfaction of the company.
between
(other than
Works).
*
23. If any difference arises between the company on the Differences one hand and any Department or person (other than the company Director of Public Works) to whom any sewer, drain, tube, and others wires, standards, poles, or apparatus for telegraphic, tele- the Director phonic, electric lighting or other purposes may belong on the of Public other hand, with respect to any interference or control exercised, or claimed to be exercised, by or on behalf of such Department or person, or by the company by virtue of this Ordinance in relation to any Section of the tramway or works or in relation to any work or proceeding of such Department or person, or with respect to the propriety of or the mode of execution of any work relating to the tramway, or with respect to the amount of any compensation to be made by or to the company, or on the question whether any work is such as ought reasonably to satisfy the Department or person concerned, or with respect to any other subject or thing regulated by or comprised in the Ordinance, the matter in difference shall (unless otherwise specially provided for by this Ordinance) be settled by a special case, or, if there are any facts in dispute, by an action, and if any Department is a party to such difference, such special case may be stated by, or such action may be brought by or against, the chief officer in the Colony of such Department in the title of his office without naming any individual person.
between
24. If any difference arises between the company on the Differences one hand and the Director of Public Works on the other. 'company hand with respect to any interference or control exercised or and Director claimed to be exercised by the company or the Director of Works. Public Works by virtue of this Ordinance in relation to any
* As amended by No. 17 of 1913.
of Public
*