CAP. 99]
[s. 11 cont.]
Costs.
Removal of trees obstructing the working
of a railway.
Right to use locomotives, etc.
Certificate to
Governor in Council prior to opening
of railway,
Railways.
(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 a judge the costs of and incident to the arbitration and the inquiry by the judge shall be in his discretion:
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.
[12]
12. (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 administrator may, with the permission of any magistrate, fell the tree or deal with it in such other manner as will in the opinion of the administrator avert the danger or remove the obstruction, as the case may be.
(2) In case of emergency, the power mentioned in subsection (1) may be exercised by the administrator 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.
[13] was missing, it is replaced with ... to indicate the original text is not available
...
[14]
Opening of the railway.
13. The administrator may use upon any railway locomotive engines or other motive power and rolling stock to be drawn or propelled thereby.
[15]
14. No railway shall be opened for the public carriage of passengers until the chief resident engineer has certified in writing to the Governor in Council that-
(a) he has made a careful inspection of the railway and
rolling stock;
120
САР. 99]
[s. 11 cont.]
Costs.
Removal of trees obstructing the working
of a railway.
Right to use locomotives, etc.
Certificate to
Governor in Council prior to opening
of railway,
Railways.
(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 a judge the costs of and incident to the arbitration and the inquiry by the judge shall be in his discretion:
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.
[12]
12. (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 administrator may, with the permission of any magistrate, fell the tree or deal with it in such other manner as will in the opinion of the administrator avert the danger or remove the obstruction, as the case may be.
(2) In case of emergency, the power mentioned in subsection (1) may be exercised by the administrator 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.
[14]
Opening of the railway.
13. The administrator may use upon any railway locomotive engines or other motive power and rolling stock to be drawn or propelled thereby.
[15]
14. No railway shall be opened for the public carriage of passengers until the chief resident engineer has certified in writing to the Governor in Council that-
(a) he has made a careful inspection of the railway and
rolling stock;
120
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