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Provision as to gas and water-works apparatus for the supply of electricity, telegraphs, etc.
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17.—For the purpose of making, forming, laying down, maintaining, repairing or renewing the Tramways or other works or conveniences or any part thereof, the Commissioners may from time to time where and so far as it is necessary or may appear expedient for the purpose of preventing frequent interruption of traffic by repairs or works in connection with the same, alter the position of any mains or pipes for the supply of water 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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(1) Before laying down the Tramways in any street in which any such mains, pipes, tubes, wires or apparatus may be laid, the Commissioners shall, whether they contemplate altering the position of such mains, pipes, tubes, wires or apparatus, or not give seven days' notice to the Corporation, or any company, body or person to whom such mains, pipes, tubes, wires or apparatus belong or by whom they are controlled, that the construction of the Tramway as proposed would endanger any such main or pipe, tube, wire or apparatus or interfere with or impede the supply of gas, water or electricity. The Corporation or such company, body or person (as the case may be), may give notice to the Commissioners to lower or otherwise alter the position of the said mains or pipes, tubes, wires or apparatus in such manner as may be considered necessary, and any difference as to the necessity of such lowering or alteration shall be settled in the manner provided in this Act for the settlement of differences between the Commissioners and any such company, body or person, and all alterations made under this section shall be made with as little detriment and inconvenience to the Corporation, or such company body or person to whom such mains or pipes, 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 borough surveyor of the Corporation or any such company, body or person, or of their or his surveyor or engineer, if they or he shall think fit to attend after receiving not less than 48 hours' notice for that purpose, which notices the Commissioners are hereby required to give.
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(2) The Commissioners shall not remove or displace any of the mains or pipes, valves, syphons, plugs, tubes, wires, or apparatus, or any other works belonging to or controlled by the Corporation, or such company, body or person, or do anything to impede the passage of gas, water, or electricity, into or through such mains or pipes without the consent of the Corporation, or such company, body or person, or in any other manner than the Corporation, or such company, body or person, shall approve, until good and sufficient mains, pipes, valves, syphons, plugs and other works necessary or proper for continuing the supply of gas or water as sufficiently as same was supplied by the mains or pipes, tubes, wires, or apparatus proposed to be displaced or removed shall, at the expense of the Commissioners, have been first made and laid down in lieu thereof ready for use and to the reasonable satisfaction of the borough surveyor of the Corporation, or the surveyor or engineer of such company, body or person as the case may be, or in the case of disagreement between such borough surveyor or surveyor or engineer and the Commissioners as an engineer appointed by the Minister shall direct.
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(3) The Commissioners shall not lay down any such mains or pipes contrary to the regulations of any Act relating to such company, body or person.
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(4) The Commissioners shall make good all damage done by them in constructing the Tramways to all streets, mains, pipes, valves, syphons, plugs, tubes, wires, apparatus, works, and property belonging to or controlled by the Corporation, or any such company, body or 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 by the Corporation, or such company, body or person, with gas, water or electricity.
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(5) Nothing in this section contained shall authorise the Commissioners to interfere with any of the electric lines or works of the Electricity Supply Board except with the consent of the Minister and subject to such terms and conditions as he after consultation with the said Board thinks proper.
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