PUBLIC RECORD OFFICE
Reference :-
C.O. 885
24 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
permis-
sion. Trinidad
Ordinance
19 of 1911,
§ 6.
Recovery
of penal-
ties.
Trinidad
Ordinance
19 of 1911,
§ 7.
Notice to
of desire
to lay pipe
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£50, and to a further penalty of £10 for each day during which such pipe line continues so re-connected.
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 chall give notice in writing to the owners of such lands of his desire to lay such pipe lines and of his intention after 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.
line. Trinidad
Assent to proposal. Trinidad
Ordinance
19 of 1911, § 9.
Dissent from proposal. Trinidad Ordinance
19 of 1911, § 10.
Provided that no notice shall be served upon the owner of any lauds 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 notice 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; (ii) 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 nanner 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
15
provisions contained in section 12; and on payment of the sum so assessed
person giving notice may proceed to lay the proposed pipe line;
the
(c) if the decision is that injury will be caused to the owner occupier or other party interested in the land and that such injury is not of a nature to admit
simmons,
of being fully compensated by money the person giving notice shall not be entitled to lay the proposed pipe line.
the
appearance
Ordinance
11. Where any application is made under the last preceding section the magistrate Procedure. may summon the parties to appear before him at a time and place to be named in the Trinidad
and upon
of such parties, or in the absence of any of them upon 19 of 1911, proof of the due service of the summons, it shall be lawful for the magistrate to lear and determine the question and amount of the compensation and for that purpose to
§ 11. examine such parties or any of them and their witnesses upon onth, and the cost of every such inquiry shall be at his discretion and he shall settle the amount thereof. Such costs shall he recoverable in the manner provided by the Ordinance.
tion to owners
12. Where the compensation assessed by the magistrate or arbitrators under the Compensa- fast preceding section is payable to any owner or other person who is under any incapacity or disability or is not entitled to receive the same for his own benefit or is under dis- absent from the Colony such compensation shall be applied in the manner in which the ability. compensation coming to parties having limited interests or prevented from treating and Trinidad not making title is applicable under the (Land Acquisition) Ordinance.
Ordinance 19 of 1911, § 12.
13. If any difficulty shall arise as to the person entitled to the compensation under Where this Ordinance the magistrate shall deposit the compensation payable in such case in the title dis- name and with the privity of the Registrar of the Supreme Court with the Receiver- Trinidad General, to be placed to the credit of the persons interested.
puted.
Ordinance
19 of 1911, § 13.
posited to
on order of
14. Upon the application by petition of any person making claim to any moneys Money de- deposited under the last preceding section the Supreme Court may, in a summary way, be paid out at the cost of the person giving notice under section 8 and after such notice as the Court may deem fit and to such person or persons as the Court shall direct, order distribution Supreme
payment of such moneys according to the respective rights and interests of the Court. persons making claim to such moneys or any part thereof and may make such other Trinidad order in the premises as to the Court shall seem fit.
Ordinance
19 of 1911, § 14.
15. After pipe lines have been laid in accordance with the provisions of this Power to Ordinance it shall be lawful for the owner or person in charge of such pipe lines or any enter land person authorised in writing by either of them from time to time as it becomes necessary, and repair to inspect to enter upon the lands through which such pipe lines have been laid for the purpose of pipe lines. inspecting, and, with such assistance as may be necessary, repairing the same or in case Trinidad such pipe lines shall no longer be required for the purpose of removing the same. Where Ordinance pipe lines are removed the surface of the land shall forthwith be restored to its former 19 of 1911, condition. In default thereof such restoration may be carried out by the owner of the § 15. land and the costs thereof shall be recoverable from the person liable therefor in the (Petty Civil Debt Court of the district) without limit of amount.
16. Any person hindering obstructing or interfering with the exercise by any owner Obstract- or person in charge of a pipe line or by any other person or by the servants or agents of pipe
ing owners duly authorised in writing of any such owner or person of any right of entry upon lands lines and conferred by this Ordinance for the purpose of laying and connecting or repairing other inspecting or removing any pipe line shall on conviction before a magistrate be liable to persons in- a tine not exceeding £20.
terested.
Trinidad
Ordinance
19 of 1911, $ 16.
make com-
17. The provisions of this Ordinance shall not relieve any owner of a pipe line of Liability the liability to make compensation to the owner or occupier of the land or the agents, of owner of workmen, or servants of such owner or occupier for any damage or injury done or caused pipes to by the exercise or use of any power or authority hereby conferred, or by any irregularity pensation trespass or other wrongful proceeding in the execution of this Ordinance, or by the for breaking or bursting of any pipe or by reason of any defect in any pipe :
damage. Provided that if before action brought in respect thereof such owner of pipe lines Trinidad make tender of sufficient amends to the party injured such last mentioned party shall not 19 of 1911, -recover in any action.
Ordinance
§ 17.
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