Section 5, The Proprietary Railways Ordinance

(1) It shall be lawful for the Governor to grant to any ~rovisionalperson desiring to lodge an application under the preceding ~~:~:;.for section a provisional licence to survey the projected route of the proposed railway for the purpose of preparing the prescribed plans and sections. (2) A provisional licence shall empower the person named Po;ers ~f therein, his servants and workmen- en ry, e c. (a) to enter upon and survey and take levels of any lands along the projected route of the proposed railway; (b) to dig or bore into the sub-soil; (c) to do all other acts necessary to ascertain whether the land is adapted for the purpose of railway construction; (d) to set out the boundaries of the land proposed to be acquired, and the intended line of the work (if any) proposed to be made thereon; (e) to mark such levels, boundaries and line by placing marks and cutting trenches; and (f) when otherwise the survey cannot be completed, the levels taken, or the boundaries or line of the work marked, to cut down and clear away any standing crop, fence, tree, or other growth: .. 1394 Cap. 135] Proprietary Railways Provided that no person shall enter into any building, or upon any enclosed land attached to a building, unless with the consent of the occupier thereof, without giving such occupier, or posting on some conspicuous part of the building if no occupier can be found, seven days' notice in writing of his intention so to do. (3) So soon as conveniently may be after any entry made under this section, the person so authorised as aforesaid shall pay for all damage done, and, in case of dispute as to the amount to be paid for such damage, he shall at once refer the dispute to the Magistrate of the district wherein the lands are situated, whose decision shall be final. Reference of 6. (1) It shall be lawful for the Governor, upon receipt of any application to li Commission such app cation, to appoint a commission of inquiry under the of Inquiry. Commissions of Inquiry Ordinance, to inquire into and report Cap. 54. upon the application. Power for Governor to refuse application. Grant of licence to construct. (2) The costs of such Commission of Inquiry shall be paid by the applicant, and it shall be lawful for the Governor to require the applicant, within a specified time, to deposit with the Accountant General such sum as the Governor may think proper, to be applied towards the payment of such costs, and the surplus, if any, to be returned to the applicant; and if any applicant shall make default in depositing such sum within the prescribed time, his application shall be deemed to have been refused. No licence shall be granted under section 8 hereof until the costs of any Commission of Inquiry into the application shall have been paid in full by the applicant.