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(3) The decision of the arbitrators or the umpire, as the case may be, shall be forwarded in writing to the Colonial Secretary.
(4) 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 inquiry by the Puisne Judge shall be in the discretion of the said judge.
Provided that the Governor in Council shall, as soon as may be after the commencement of the construction of any railway works, by notification in the Gazette, fix a date after which no claim for compensation shall lie.
13. Every person who, without lawful excuse, wilfully does any of the following things, namely, interferes with, removes, or alters any part of a railway or of the works connected therewith, shall, upon summary conviction, be liable to a fine not exceeding twenty-five dollars, in addition to any proceedings to which he may be liable by way of indictment or otherwise.
14. (1) In either of the following cases:---
(a) where there is danger that a tree standing near a railway may fall on the railway so as to obstruct traffic; or
(b) when a tree obstructs the view of any fixed signal,
the administration may, with the permission of a magistrate, fell the tree or deal with it in such other manner as will, in the opinion of the administration, avert the danger or remove the obstruction, as the case may be.
(2) In case of emergency, the power mentioned in sub-section (1) may be exercised by the administration without the permission of a magistrate.
(3) A civil court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.
15. The administration may use, upon any railway, locomotive engines or other motive power and rolling stock to be drawn or propelled thereby.
RAILWAYS.
No. 21 of 1909.
1773
(3) The decision of the arbitrators or the umpire, as the case may be, shall be forwarded in writing to the Colonial Secretary.
(4) Where the amount of compensation, if any, is de- Costs. termined 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 inquiry by the Puisne Judge shall be in the discretion of the said judge.
Provided that the Governor in Council shall as soon as may be after the commencement of the construction of any railway works by notification in the Gazette fix a date after which no claim for compensation shall lie.
13. Every person who, without lawful excuse, wilfully Penalty for does any of the following things, namely, interferes with, interference removes, or alters any part of a railway or of the works works. connected therewith, shall upon summary conviction be liable to a fine not exceeding twenty-five dollars, in addition to any proceedings to which he may be liable by way of indictment or otherwise.
14. (1) In either of the following cases :----
Removal of trees
the working of a railway.
(a) where there is danger that a tree standing near a obstructing railway may fall on the railway so as to obstruct traffic; or (b) when a tree obstructs the view of any fixed signal, the administration may, with the permission of magistrate, fell the tree or deal with it in such other manner as will in the opinion of the administration avert the danger or remove the obstruction, as the case may be.
any
(2) In case of emergency, the power mentioned in sub- section (1) may be exercised by the administration without the permission of a magistrate.
(3) A civil court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.
Opening of the railway.
15. The administration may use upon any railway locomo- Right to use tive engines or other motive power and rolling stock to be locomotives, drawn or propelled thereby.
etc.
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