Cork Milling Company Railway Act, 1935.

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Right of Corporation to open streets.

18.—Nothing in this Act shall take away or abridge any power to open or break up any street along or across which the railway is laid, or any other power vested in the Corporation or in any person for the purpose of laying down, repairing, altering or removing any sewers, drains, mains or pipes for the supply of water, oil, petrol or gas, or any tubes, wires or apparatus for telegraphic, electrical or other purposes; but in the exercise of such power the Corporation and every such person save the Minister for Posts and Telegraphs shall be subject to the following restrictions:

(1) They shall cause as little detriment or inconvenience to the Company as circumstances will admit.

(2) Before they commence any such work whereby the traffic on the railway will be interrupted they shall (except in case of urgency, in which case no notice shall be necessary) give to the Company notice of their intention to commence such work, specifying the time at which they will commence such work, such notice to be given forty-eight hours at least before the commencement of the work.

(3) They shall not be liable to pay to the Company any compensation for unavoidable injury done to the railway or for loss of traffic occasioned by the execution of such work, or for the reasonable exercise of the power vested in them as aforesaid.

(4) Wherever for the purpose of enabling them to execute such work the Corporation or any such person shall so require the Company shall either stop the traffic on the railway, where it would otherwise interfere with such work, or shore up and secure the railway at their own expense during the execution of the work: Provided that such work shall always be completed by the Corporation or such person with all reasonable expedition.

(5) The Corporation or any such person shall not execute such work so far as it immediately affects the railway except under the superintendence of the Company's engineer unless the Company refuse or neglect to give such superintendence at the time specified in the notice for the commencement of the work, and the Corporation and every such person shall execute such work at their own expense and to the reasonable satisfaction of the Company's engineer.