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and other obstruction to which the notice relates and to
restore and make good the site thereof so that the same
shall form part of the footway or roadway of the street.
"If on the expiration of the time stated in the notice the
owner shall have failed to comply therewith it shall be
lawful for the Council by their officers and servants to take
down and remove every gate bar rail post and other
obstruction to which any such notice relates and to restore
and make good the site thereof.
"From and after the date of such notice it shall not be
lawful for the owner (except with the consent in writing of
the Council) to erect any other gate bar rail post or other
obstruction for limiting or restricting traffic in the street or
any other street in the vicinity or in any way to limit or
restrict the use of any such street for traffic of all descriptions.
When and as soon as any of the said gates bars
rails posts and other obstructions shall have been removed
under the powers of this part of this Act the site of such
gate bar rail post or obstruction shall for all intents and
purposes form part of the street in which it was situate and
may and shall thenceforth be used repaired maintained
lighted cleansed and sewered in the same manner as the rest
of the street and other public streets in the district.
"Provided that if any lands shall be taken or injuriously
affected by anything to be done under or by virtue of this
part of this Act without the consent of the owner thereof
compensation shall be made for the same by the Council
in the manner provided by the Lands Clauses Consolidation
Acts the provisions of which Acts so far as relates to lands
taken otherwise than by agreement and to compensation
for lands injuriously affected shall be deemed for that
purpose to be incorporated with this part of the Act. The
words "injuriously affected" shall have the same meaning
as in the said Acts : Provided also that no claim for compensation
under this part of this Act shall be made after
the expiration of six months from the date of the notice
served upon such owner under the provisions of this Section
and duly published.
"42. If the Council are unable to find the owner of any
such gate bar rail post or other obstruction it shall be
sufficient for the purpose of this part of this Act for the
Council to affix the notice in a conspicuous position on
such gate bar rail post or other obstruction or near thereto
and at any time not less than three months after such