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Section 29, The Proprietary Railways Ordinance

Status not yet checkedThe Proprietary Railways Ordinance, Sierra Leone

(1) If any insurrection, rebellion, or other emergency shallarise in which the Governor considers it expedient for the public service or welfare that the Colonial Government should have the control over the railways in the Colony or Protectorate, or any of them, the Governor may, by warrant under his hand, empower any person named in such warrant to take possession of any railway therein named, and of the buildings, works and plant belonging thereto, and to use the same for Her Majesty's service at such times, and in such manner, as the Governor may direct; and the owner and all officers and servants of such railway shall obey the directions of the Governor as to the user of such raih~ay, buildings, works or plant as aforesaid for Her Majesty's serviCe. (2) A warrant granted by the Governor in pursuance of this section shall remain in force for one month only, but may be renewed from month to month so long as, in the opinion of the Governor, the emergency continues. (3) There shall be paid to the person whose railway, buildings, works or plant may be taken possession of in pursuance of this section, such compensation for any loss or injury he may have sustained by the exercise of the Governor's powers under this section, as may be agreed upon between the Governor and such person or, in case of difference of opinion, as may be settled by petition to the Supreme Court. (4) When any railway, buildings, works or plant are taken possession of in the name, or on behalf, of Her :Majesty in pursuance of this section, all contracts and engagements between the person whose property is so taken possession of, and the officers and servants of such person, or between such person and any other person in relation to the working or maintenance of the railway, buildings, works or plant, or in relation to the supply of such plant, which would, if such possession had not been taken, have been enforceable by or against the person whose property is so taken possession of, shall during the continuance of such possession be enforceable by or against the Colonial Government.

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