permis-
Bion. Trinidad Ordinance
19 of 1911,
$6.
Recovery
14
£50, and to a further penalty of £10 for each day during which such pipe line continues so re-connected.
of penal-
ties.
Trinidad
Ordinance
19 of 1911,
§ 7.
Notice to
of desire
7. All penalties under the last preceding section shall be sued for and recovered by action of debt as between subject and subject in any competent court of civil jurisdiction in the name of the Attorney-General.
8. Any person desirous of laying pipe lines on the lands of other persons whether landowner such lands are or are not within
miles of the sea shall give notice in writing to
line. Trinidad
the owners of such lands of his desire to lay such pipe lines and of his intention after to lay pipe the expiration of fourteen days from the date of such notice on a specified day to enter upon such lands for the purpose of fixing the location of such pipe lines, and within Ordinance fourteen days of such entry shall serve each of such owners with a statement in writing 19 of 1911, containing full particulars of the description and location of such pipe lines.
§ 8.
Assent to proposal. Trinidad
Ordinance
19 of 1911,
§ 2.
Dissent
from proposal. Trinidad Ordinance
19 of 1911, § 10.
Provided that no notice shall be served upon the owner of any lands within miles of the sea unless and until the permission of the Governor under section 4 has first been obtained.
9. Any such owner, after receipt of such notice and statement of particulars, may by deed assent to the laying down of such pipe lines upon such terms as to compensation as may be agreed upon, and any assent so given shall be binding on all parties having any estate or interest in the land, subject to the following provisions :—
(i) That any arrangement entered into by any owner under any disability or incapacity or not having power to give such assent except under the provisions of this Ordinance shall not be valid unless the same is approved by two valuers, one of whom is to be nominated by the person giving notice and the other by the owner; and each of such valuers, if they approve of the arrangement, shall annex to the document containing the same a declaration to that effect subscribed by them;
(i) That any compensation to be paid by the person giving notiee to the owner in cases where such owner is under any disability or incapacity or has not the power to assent to such application except under the provisions of this Ordinance shall be applied in the manner in which the compensation coming to parties having limited interests or prevented from treating and not making title is applicable under the (Land Acquisition) Ordinance; (iii) That any occupier or person other than the owner interested in the land shall be entitled to compensation for any injury he may sustain by the laying of such pipe lines, the amount of such compensation to be deter- mined, in the case of dispute, in the manner in which disputed compensation for land is required to be determined by the (Land Acquisition) Ordinance (or by arbitration under the law of the Colony for the time being in force with regard to arbitration).
10. An owner shall be deemed to have dissented from the proposal to lay pipe lines on his land if he fail to express his assent thereto within one month after service of the notice on lien under section 3; and in the event of such dissent there shall be decided by the magistrate on the application of the person desiring to lay pipe lines unless such owner require the same within such period of one month to be decided by arbitration the questions following; that is to say
(i) whether the proposed pipe lines will cause any injury to such owner or to the
occupier or other person interested in the lands;
(ii) whether any injury that may be caused is or is not of a nature to admit of
being fully compensated for by money.
The result of any such decision shall be as follows :—
(a) if the decision is that no injury will be caused to the owner occupier or other parties interested in the lands the person giving notice may proceed forth- with to lay the pipe line;
(b) if the decision is that injury will be caused to the owner, occupier, or other party interested in the lands but that such injury is of a nature to admit of being fully compensated by money the magistrate or arbitrators shall proceed to assess such compensation and to apportion the same amongst the parties in his or their judgment entitled thereto, subject to the
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