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Restoring street.
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16.—When the Company have opened or broken up a street or any part thereof the Company shall be under the following obligations, namely:—
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(1) The Company 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 street and (subject to the laying down, making, maintenance or renewal of the railway) fill in the ground level, and make good the surface, and to the satisfaction of the City Engineer 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 Company, the Company shall pave such crossing to the extent of the entire breadth of the street across which such crossing extends.
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(2) The Company 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 repassage for all passengers, vehicular, animal and public traffic along such street to the satisfaction of the City Engineer.
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(3) The Company shall bear all reasonable expenses of the repair of those portions of such street so opened or broken up for six calendar months after the same is restored, such expenses to be certified by the City Engineer whose certificate shall be conclusive.
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(4) If the Company fail to comply in any respect with the provisions of this section, the Company shall be guilty of an offence and upon conviction shall for every such offence (without prejudice to any other remedy against them) be liable to a penalty not exceeding ten pounds and to a further penalty not exceeding five pounds 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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