12Highways, &c., not to be broken up except under superintendence of persons controlling them

12 Highways, &c., not to be broken up except under superintendence of persons controlling them

(1)  No highway, bridge, sewer, drain, or tunnel may, except in the cases of emergency mentioned in section 11 , be opened or broken up except under the superintendence of the persons having the control or management thereof, or of their officer, and according to a plan approved by those persons or their officer, or in case of any difference respecting the plan, then according to a plan determined by any 2 justices.

(2)  The justices may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the undertakers to make such temporary or other works as he or they may think necessary for guarding against any interruption of the drainage during the execution of works that interfere with any such sewer or drain.

(3)  If the persons having such control or management, and their officer, fail to attend at the time fixed for the opening of any such highway, bridge, sewer, drain, or tunnel, after having had notice in accordance with section 11 or do not propose any plan for the breaking up or opening, or refuse or neglect to superintend the operation, the undertakers may perform the work specified in their notice without the superintendence of any such persons or their officer.