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Section 11, The Proprietary Railways Ordinance

Status not yet checkedThe Proprietary Railways Ordinance, Sierra Leone

(1) In either of the following cases, namely- (a) when there is at any time danger that a tree standing near a railway may fall on the railway so as to obstruct traffic, or damage any telegraph wires or posts; (b) when a tree obstructs the view of any fixed signal; the licensee or other the owner of the railway may, with the permission of the Magistrate of the district wherein the tree is situated, fell the tree, or deal with it in such other manner as will, in the opinion of the licensee, or other the owner of the railway, avert the danger or remove the obstruction. (2) In case of emergency the power mentioned in subsection (1) may be exercised by the licensee or other the owner of the railway without the permission of the Magistrate. (3) When a tree, felled or otherwise dealt with under subsection (1) or sub-section (2), was in existence before the railway was constructed, or the signal was fixed, the said Magistrate may, upon the application of the persons interested in the tree, award to those persons such compensation as he thinks reasonable. (4) Such an award shall be enforceable in like manner, and subject to the like appeal, as a decision in a civil suit. (5) No Court shall entertain a suit to recover compensation for any tree felled, or otherwise dealt with, under this section.

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