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Restoring street.
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13.—When the Commissioners have opened or broken up any portion of any street they shall be under the following obligations, namely:—
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(1) They shall with all convenient speed and within eight weeks at the most (unless the Corporation otherwise consents in writing) complete the work on account of which they opened or broke up the same, and (subject to the formation, maintenance, or removal of the Tramways) fill in the ground level, and make good the surface, and to the satisfaction of the borough surveyor of the Corporation restore the portion of the street to as good a condition as that in which it was before it was opened or broken up, and clear away all surplus paving or metalling material, or rubbish occasioned thereby, and in the case of any crossing broken up by the Commissioners, the Commissioners shall pave such crossing to the extent of the entire breadth of the street across which such crossing extends.
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(2) They shall in the meantime cause the place where the street is opened, or broken up, to be fenced and watched, and to be properly lighted at night, and provide and maintain sufficient and proper means of passage and re-passage for all passengers, vehicular, animal, and public traffic along such street to the satisfaction of the said borough surveyor.
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(3) They shall bear all reasonable expenses of the repair of that part of the street for six calendar months after the same is restored, so far as these expenses are increased by the opening or breaking up, the same to be certified by the said borough surveyor and whose certificate shall be conclusive.
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(4) If the Commissioners fail to comply in any respect with the provisions of this section they shall for every such offence (without prejudice to any other remedy against them) be liable to a penalty not exceeding £10, and to a further penalty not exceeding £5 for each day on which any such failure continues after the first day on which the penalty is incurred, and any such penalty shall go and belong to the Corporation, and shall form part of the funds applicable to the maintenance of the streets.
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