12139-1909-Bills-read-a-first-time--Railways — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, JULY 2, 1909.

Alteration of pipes wires and drains.

Temporary entry upon land for re- pairing or preventing accident.

Power to enter lands.

Maintenance

9. The railway administration may for the purpose of exercising the powers conferred on it by this Ordinance alter the level or position of any pipe, conduit, drain, electric wire or post provided that it shall give reasonable notice of its intention to do so to the person or persons under whose control such pipe conduit drain electric wire or post is. The railway administration shall execute the work to the reasonable satisfaction of such person or persons.

10. (1.) The Governor-in-Council may authorize the railway administration in case of any slip or other accident happening or being apprehended to any cutting embank- ment or other work under the control of the railway administration to enter upon any lands adjoining its railway for the purpose of repairing or preventing the accident and to do all such works as may be necessary for the purpose.

(2.) In case of necessity the railway administration may enter upon the lands and do the works aforesaid without having the previous sanction of the Governor-in-Council but in such a case shall within seventy-two hours after such entry make a report to the Governor-in-Council speci- fying the nature of the accident or apprehended accident and of the works necessary to be done and the power con- ferred on the railway administration by this sub-section shall cease and determine if the Governor-in-Council after considering the report considers that the exercise of the power is not necessary for the public safety.

11. The railway administration shall make and maintain of crossings for the accommodation of the owners and occupiers of lands

adjoining any railway,-

bridges

arches

culverts

passages

tunnels

drains and

water-

COMPRES.

Limitation

compensa-

tion.

(4.) convenient crossings, bridges, arches, culverts

and passages over, under, or by the sides of, or leading to or from such tailway for the purpose of making good any interruptions cansed by the railway to the use of the lands through which such railway is made; and

(5.) arches, tunnels, culverts, drains, water-courses, or other passages over, or under, or by the sides of the railway for the purpose of conveying water at all times as freely from or to such lands as before the making of such railway or as nearly as may be.

12. No action or suit shall be brought or maintained of action for against the Crown or against the railway administration or against any person for compensation or for any loss or damage resulting to any person by reason of the con- struction of any railway works, but if any person considers himself to be entitled to compensation in respect of any land or property adjoining a railway or of any interest therein which has in his opinion been injuriously affected by the construction of such works he may, if no agreement has been come to between himself and the railway adminis- tration, forward to the Colonial Secretary a claim for compensation which claim shall be determined in the follow- ing manner :---

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 deeid- 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 the matter in dispute to the Puisue Judge of the Supreme Court sitting in Chambers as umpire and the decision of such Paisue Judge thereon shall be final.

(e.) The decision of the arbitrators or the umpire as the case may be shall be forwarded in writing to the Colonial Secretary,

(d.) 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.

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