Section 10, The Proprietary Railways Ordinance

(I) Subject to the provisions of his licence and of this Ordinance, and of any contract under the last preceding section, and subject also, as regards the parties thereto, to the provisions of any contract entered into between the licensee and the owner or occupiers, or other parties interested in any lands taken or used for the licensed railway, the licensee may, for the purpose of constructing such railway, or the accommodation, or other works connected therewith- (a) make or construct in, upon, across, under or over any lands or any streets, hills, valleys, roads, railways, or tramways, or any rivers, brooks, streams or other waters, or any drains, water-pipes, electric wires or posts, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, roads, lines of railway, ways, . passages, conduits, drains, piers, abutments, cuttings and fences, as the licensee thinks proper. (b) alter the course of any rivers, brooks, streams or watercourses for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them; and divert or alter, as well temporarily as permanently, the course of any rivers, brooks, streams, or watercourses, or any roads, streets or ways; or raise or sink the level thereof in order the more conveniently to carry them over, or under, or by the side of the railway, as the licensee thinks proper; (c) make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway; (d) erect and construct such houses, warehouses, offices and other buildings, and such yards, stations; wharves, engines, machinery, apparatus, and other works and conveniences, as the licensee thinks proper; (e) alter, repair or discontinue such buildings, works and conveniences, as aforesaid, or any of them; and substitute others in their stead; and (f) do all other acts necessary for making, maintaining, altering or repairing, and usingthe railway. (2) The exercise of the powers conferred on the licensee by this section shall be subject to the control of the Governor. (3) The licensee shall do as little ~mag~ as possible in the esercise of the powers conferred by this sectwn, and compensation shall be paid for any damage in respect of lands situate in the Colony caused ~y the ex~rcise of su~h powers, the. a;mount of which compensatwn shall, m case of difference of opmwn, be settled in accordance with the provisions of the Public Lands Ordinance, the words " Director of Surveys and Lands " being construed as meaning the licensee. {4) In this section, and in sections 8, 9 and 11 hereof, the term " licensee " shall, where the context admits, include the assigns of the licensee, and every person claiming through, under or in trust for the licensee or his assigns.