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THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.
Rights of Companies, &c. to open roads.
Difference between
Company and Surveyor General, &c.
enlars relating thereto, nor until the Surveyor General shall have signified his approval of the same, unless he do not signify his approval, disapproval, or other directions within fourteen days after service of the said notice and particulars as aforesaid; and the Company shall comply with all reasonable directions of the Surveyor General in the execution of the said works, and shall provide by new or substituted works, in such manner as the Surveyor General shall reasonably require for the proper protection of, and for preventing injury or impediment to, the sewers and works hereinbefore referred to by reason of the Tramways, and shall guarantee the Surveyor General against the expense occasioned thereby; and all such works shall be done by or under the superintendence of the Surveyor General at the cost and expense of the Company, and when any new, or substituted work shall be completed by, or at the costs or expenses of, the Com- pany under this Ordinance, the same shall thereafter be as completely under the control of the Surveyor General, and be maintained by him, as any other sewers or works.
XXI. Nothing in this Ordinance shall take away or abridge any power to open or break up any road along or across which any Tramway is laid, or any other power now or hereafter to be vested in any other Company, or persons or person, or for the doing of any matter or thing, which such Company or such persons or person is are or will be anthorized to do, but, in the exercise of such power, every such other Company, or persons or person, shall be subject to the following restrictions (that is to say):-
1. They shall cause as little detriment or inconveni- ence to the Company as circumstances admit. 2. Before they commence any work 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 Surveyor General 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 com- mencement 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 or him to execute such work, such other Company, or persons or person, shall so require, the Com- pany shall either stop traffic on that portion of the Tramway to which such notice shall refer, where it would otherwise interfere with such work, or shore up and secure the same at their own risk and cost during the execution of the work there. Provided that such work shall always be com- pleted by such other Company, or persons or person, with all reasonable expedition.
5. Any such other Company, or persons or person, shall not execute such work so far as it immedi- ately affects the Tramways, except under the superintendence of the Company, unless the Com- pany do not give such superintendence at the time specified in the notice for the commencement of the work, or permanently discontinue the same during the progress of the work, and they or he shall execute such work at their or his own expense and to the reasonable satisfaction of the Company.
XXII. If any difference arises between the Company, on the one hand, and the Surveyor General, or any other Company, or person to whom any sewer, drain, tube, wires, or apparatus, for telegraphic or other purposes, may belong, on the other hand, with respect to any interference or con- trol exercised, or claimed to be exercised, by such other Company or such person or on their or his behalf, or by the Company, by virtue of this Ordinance, in relation to any Tramway or work, or in relation to any work or proceeding of the Surveyor General, or such other Company, or such person, or with respect to the propriety of, or the mode
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