“No such street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency aforesaid, 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 such plan[128] as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, as shall be determined by two justices; and such 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 they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain. Provided always, that if the persons having such control or management as aforesaid, and their officer fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having such notice of the intention of the undertakers as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the undertakers may perform the work specified in such notice without the superintendence of such persons or their officer” (10 & 11 Vic. c. 17, s. 31). There are several points to which it is necessary to draw attention whilst considering the above clause. I am afraid that the “attendance” of the surveyor “at the time fixed for the opening” or even of one of his assistants could not always be managed, nor would it be practicable to prepare a “plan” for every opening that might be made by a gas or water company for new services, leaks in mains, &c.; but where it is proposed to carry out any extensive works, such as laying a considerable length of new main or removing an old one, it is certainly necessary that there should be some “plan” of the manner in which such work is proposed to be carried out by the company. On referring to the clause it is evident that the first “plan” mentioned must be prepared by and on behalf of the company proposing to carry out the work, and this plan must show the exact position on each street of the proposed excavations, and their depth, &c., which “shall be approved of by such persons (having the control of the streets) or their officer,” their officer really being the surveyor. Lower down in the clause another “plan” is referred to in the following words: “or shall not propose any plan for breaking up or opening the same.” This plan, or more correctly speaking, a specification of the manner in which the company shall proceed with the work, must be prepared by the surveyor, and if it meets with the approval of his corporation it can be enforced.