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Provision as to sewers and drains.
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17.—(1) For the purpose of laying down, making, maintaining, repairing or renewing the railway or other works or conveniences or any part thereof, the Company may from time to time where and so far as it is necessary or may appear expedient either for the purpose of preventing frequent interruption of traffic by repairs or works in connection with the railway or otherwise alter the position of any sewers or drains, mains or pipes for the supply of water, oil, petrol or gas, or any tubes, wires or apparatus for any purpose (other than telegraphic purposes), subject to the provisions of this Act and the restrictions hereinafter provided.
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(2) Before laying down the railway in any street in which any sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus may be laid, the Company shall, whether they contemplate altering the position of such sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus or not, give seven days' notice to the Corporation or person to whom such sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus belong or by whom they are controlled, that the construction of the railway as proposed might endanger any such sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus or interfere with or impede drainage or the supply of gas, water or electricity or interfere with or obstruct the access to, and the repair or maintenance of such drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus as aforesaid. The Corporation or such person (as the case may be) may give notice to the Company to lower or otherwise alter the position of or protect the said sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus in such manner as may be considered necessary and any difference as to the necessity of such lowering, altering or protecting shall be settled in the manner provided in this Act for the settlement of differences between the Company and any such person and all works or alterations made under this section shall be made with as little detriment and inconvenience to the Corporation or such person to whom such sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus may belong, or by whom the same are controlled, or to the inhabitants of the district as the circumstances will admit, and under the superintendence of the City Engineer or the engineer of any such person, if he shall think fit to attend after receiving not less than forty-eight hours' notice for that purpose, which notices the Company are hereby required to give.
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(3) The Company shall not remove or displace any of the sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus, or any other works belonging to or controlled by the Corporation or any person or do anything to impede the passage of sewage, drainage, gas, water, oil, petrol or electricity, into or through such sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus, without the consent of the Corporation, or such person, or in any other manner than the Corporation, or such person shall approve, until such good and sufficient sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires or apparatus and other works necessary or proper for continuing the drainage system or the supply of gas or water as efficiently as same was dealt with or supplied by the sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires, or apparatus proposed to be displaced or removed, shall, at the expense of the Company, have been first made and laid down in lieu thereof ready for use and to the reasonable satisfaction of the City Engineer or the engineer of such person as the case may be or in the case of disagreement between the City Engineer or the engineer of such person and the Company as an engineer appointed by the Minister shall direct.
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(5) The Company shall make good all damage done by them in constructing the railway to all streets, sewers, drains, mains, pipes, valves, syphons, plugs, tubes, wires, apparatus, works, and property belonging to or controlled by the Corporation, or any person, and shall make full compensation to all parties for any loss or damage which may be sustained by reason of any interference with such property, or with the private service pipes or wires of any person supplied with gas, water or electricity.
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