Section 9, The Proprietary Railways Ordinance

(1) On the granting of a licence under the preceding Mod~ ?~ • h l d . • h C 1 . d .c h acqUisitiOn sectiOn, t e an s situate m t e o ony reqmre ~or t e construe- of land tion of the railway shall be deemed to be required for the service required. of the Colony within the meaning of the Public Lands Ordinance, Cap. 116· may be acquired under the provisions of that Ordinance: Provided that all costs of, and incidental to, such acquisition shall be paid by the licensee, and that any lands not used for the purposes of the railway within the time specified by the Governor for its construction, or if no such time be specified, within ten years from the date of the licence, shall be retransferred to the owner of such lands, subject to such conditions as the Governor may impose. (2) Before putting any of the provisions of the said Ordinance into force in order to acquire the said lands, the Governor shall require the licensee to enter into an agreement with him, providing to the satisfaction of the Governor for the following matters- (a) the payment to the Colonial Government of the cost of acquisition, including any lands which the Government may agree to sell to the licensee; (b) the transfer of the lands to the licensee; (c) the terms on which the lands shall be held; and (d) the performance of the conditions imposed by the licence. (3) Before acquiring any lands in the Protectorate, the Governor shall require the licensee to enter into an agreement with him, providing to the satisfaction of the Governor for the following matters- (a) the payment of the customary presents to the Paramount Chiefs of the chiefdoms through which the railway passes, for the acquisition of lands required for the purposes of the railway. (b) the payment of compensation to inhabitants of the Protectorate being owners or occupiers of, or parties interested in, any buildings enclosed, or cultivated lands required for the purposes of the railway. (4) It shall be lawful for the Governor, in addition to such agreements, to require the licensee, at any time before or during Authority for licensee to execute all necessary works. acquisition of the lands or any part thereof, to deposit with the Accountant General such sums as the Governor may think proper, to be applied towards the payment of the costs and incidental to the acquisition of the lands generally, or of any particular lands, and the surplus, if any, to be returned to the licensee.