Telegraph Infrastructure
Telegraph Act 1863
An Act to regulate the Exercise of Powers under Special Acts for the Construction and Maintenance of Telegraphs.
[28th July 1863.]
Be it enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows.
1. Short Title.
This Act may be cited as The Telegraph Act, 1863.
2. Application of this Act to all future Telegraph Companies, and also, subject to certain Exceptions, to all existing Telegraph Companies.
This Act shall apply–
(1). To every Company to be hereafter authorized by [any enactment] to this Act construct and maintain Telegraphs:
3. Interpretation of Terms
In this Act—
The Term “the Company” means any Company to be hereafter authorized as aforesaid (herein-after distinguished by the Term “future Company”), or any Company already so authorized (herein-after distinguished by the Term “existing Company”):
The Term “Telegraph” means a Wire or Wires used for the Purpose of Telegraphic Communication, with any Casing, Coating, Tube, or Pipe inclosing the same, and any Apparatus connected therewith for the Purpose of Telegraphic Communication:
The Term “Post” means a Post, Pole, Standard, Stay, Strut, or other aboveground Contrivance for carrying, suspending, or supporting a Telegraph:
The Term “Work” includes Telegraphs and Posts:
The Term “Street” means a public Way situate within a City, Town, or Village or between Lands continuously built upon on either Side, and repaired at the public Expense, or at the Expense of any Turnpike or other public Trust, or ratione tenure, including the Footpaths of such Way, and any Bridge forming Part thereof.
The Term “public Road” means a public Highway for Carriages being repaired at the public Expense, or at the Expense of any Turnpike or other public Trust, or ratione tenure, and not being a Street, including the Footpaths of such public Highway, and any Bridge forming Part thereof, and also any Land by the Side and forming Part of such a public Highway, but not including a Railway or Canal:
The Term “Railway” includes any Station, Work, or Building connected with a Railway:
The Term “Canal” includes Navigation or navigable River, and any Dock, Basin, Towing-path, Wharf, Work, or Building connected with a Canal:
The Term “Land” means Land not being a Street or public Road, and not being Land by the Side and forming Part of a public Road, and includes Land laid out for and proposed by the Owner to be converted into a Street or public Road:
The Term “Body” includes a Body of Trustees or Commissioners, Municipal Corporation, Grand Jury, Board, Vestry, Company, or Society, whether incorporated or not; and any Provision referring to a Body applies to a Person, as the Case may require
The Term “Person” includes Corporation Aggregate or Sole
The Term “the Board of Trade” means the Lords of the Committee of Her Majesty’s Privy Council for the Time being appointed for the Consideration of Matters relating to Trade and Foreign Plantations:
The Term “Justice” means Justice of the Peace acting for the Place where the Matter requiring the Cognizance of any such Justice arises:
The Term “Two Justices” means Two or more Justices met and acting, together, or any One Police Magistrate or Justice having by Law Authority to act alone for any Purpose with the Powers of Two Justices:
The Term “Sheriff” means the Sheriff Depute of the County or Ward of a County in Scotland, and the Steward Depute of the Stewartry in Scotland, in which the Matter submitted to the Cognizance of the Sheriff arises, and includes the Substitutes of such Sheriff Depute and Steward Depute respectively.
4. Recovery of Damages, Costs, Expenses and Penalties,
The Provisions of The Railways Clauses Consolidation Act, 1846, with respect to the Recovery of Damages not specially provided for, and of Penalties, and to the Determination of any other Matter referred to Justices, and the Provisions of The Railways Clauses Consolidation (Scotland) Act, 1845, with respect to the Recovery of Damages not specially provided for, and to the Determination of any other Matter referred to the Sheriff, or to Justices, shall, so far as the same are applicable, and save so far as the same are inconsistent with any express Provision of this Act, be incorporated with this Act; and Terms used in those Provisions shall be interpreted as the same Terms are directed to be interpreted in this Act.
5. Provisions as to Notices and Consents.
The following Provisions shall apply to Notices and Consents under this Act:
(1) Every Notice or Consent shall be in Writing or Print, or partly in Writing and partly in Print:
(2) Any Notice to or by the Company or a Body having the Control of a Street or public Road, or of the Sewerage or Drainage thereunder, may be given to or by the Secretary, Clerk, or Surveyor, or other like Officer (if any) of the Company or of such Body, as the Case may be:
(3) Any Consent may be given on such pecuniary or other Terms or Conditions (being, in themselves lawful) or subject to such Stipulations as to the Time or Mode of Execution of any Work, or as to the Removal or Alteration, in any Event, of any Work, or as to any other Thing connected with or relative to any Work, as the Person or Body giving Consent thinks fit.
6. General Description of Works which a Telegraph Company may execute, subject to the Restrictions of this Act.
Subject to the Restrictions and Provisions herein-after contained, the Company may execute Works as follow:
(1) They may place and maintain a Telegraph under any Street or public Road, and a Telegraph may alter or remove the same:
(2) They may place and maintain a Telegraph over, along or across any Street or public Road, and place and maintain Posts in or upon any Street or public Road, and Restrictions of may alter or remove the same:
(3) They may, for the Purposes aforesaid, open or break up any Street or public Road, and alter the Position thereunder, of any Pipe (not being a Main) for the Supply of Water or Gas:
(4) They may place and maintain a Telegraph and Posts under, in, upon, over, along, or across any Land or Building, or any Railway or Canal or any Estuary or Branch of the Sea, or the Shore or Bed of any Tidal Water, and may alter or remove the same:
Provided always, that the Company shall not be deemed to acquire any Right other than that of User only in the Soil of any Street or public Road under, in, upon, over, along, or across which they place any Work.
7. Provision as to Compensate.
In the Exercise of the Powers given by the last foregoing Section the Company shall do as little Damage as may be, and shall make full Compensation to all Bodies and Persons interested for all Damage sustained by them by reason or in consequence of the Exercise of such Powers, the Amount and Application of such Compensation to be determined in Manner provided by The Lands Clauses Consolidation Act, 1845, and The Lands Clauses Consolidation (Scotland) Act, 1845, respectively, and any Act amending those Act, for the Determination of the Amount and Application of Compensation for Lands taken or injuriously affected.
8. Provision as to Gas and Water Pipes.
In the Exercise of the aforesaid Powers, the Company shall also be subject to the following Restrictions:
(1). They shall cause as little Detriment or Inconvenience as Circumstances admit to the Body or Person to or by whom any Pipe for the Supply of Water or Gas belongs or is used:
(2). Before they alter the Position of any such Pipe they stall give to the Body to whom the same belongs Notice of their Intention to do so, specifying the Time at which they will begin to do so, such Notice to be given Twenty-four Hours at least before the Commencement of the Work for effecting such Alteration:
(3). The Company shall not execute such Work except under the Superintendence of the Body to whom such Pipe belongs, unless such Body refuses or neglects to give such Superintendence at the Time specified in the Notice for the Commencement of the Work, or discontinues the same during the Work; and the Company shall execute such Work to the reasonable Satisfaction of such Body:
(4). The Company shall pay all reasonable Expenses to which such Body may be put on account of such Superintendence:
And the Body to whom any such Pipe belongs may, when and as Occasion requires, alter the Position of any Work of the Company already constructed, or to be hereafter constructed, under, in, or upon a Street or public Road, on the same Conditions as are by the last foregoing and present Sections imposed on the Company in relation to such a Body, mutatis mutandis.
10. Depth, Course, &c. of underground Works to be agreed on between Street or Road Authority and Company, or else to be determined by Justices or Sheriff.
Where the Company […] intends to proceed with the placing, of a Telegraph under [over, along, or across, or a post in or upon] ground Works to be agreed on a Street or public Road, the Depth, Course, and Position at and in which the same is to be placed shall be settled between the Company and the following Bodies:
The Body having the Control of the Street or public Road:
The Body having the Control of the Sewerage or Drainage thereunder:
But if such Settlement is not come to with any such Body, the following Provisions shall take effect:—
(1). The Company may give to such Body a Notice specifying the Depth, Course, and Position which the Company desires:
(2). If the Body to whom such Notice is given does not, within Twenty-eight Days after the giving of such Notice, give to the Company a Counter-Notice objecting to the Proposal of the Company, and specifying the Depth, Course, and Position which such Body desires, they shall be deemed to have agreed to the Proposal of the Company:
(3). In the event of ultimate Difference between the Company and such Body, the Depth, Course, and Position shall be determined in England or Ireland by Two Justices, and in Scotland by Two Justices or the Sheriff.
11. Underground Tubes to have distinguishing Mark.
Every underground Tube or Pipe of the Company shall be go marked as distinguish it from Tubes or Pipes of every other Company.
12 Company not to place a Telegraph along a Street or Road without consent of Body having control of Street, &c.
The Company shall not place a Telegraph over, along, or across, a Street or public Road, or a Post in or upon a Street or public Road except with the Consent of the Body having the Control of such Street or public Road; and where a public Road passes through or by the Side of any Park or Pleasure Grounds, and where a public Road crosses, by means of a Bridge or Viaduct, or abuts on any ornamental Water belonging to any Park or Pleasure Grounds, and where a public Road crosses or abuts on a private Drive through any Park or Pleasure Grounds, or to any Mansion, the Company shall not without, or otherwise than in accordance with, the Consent of, the Owner, Lessee, and Occupier of such Park, Pleasure Grounds, or Mansion, place any Work above Ground on such public Road.
13. Where Landowner, &c. is liable to Repair of Street, &c. Company not to place Works in such Street, &c. without Consent.
Where any Landowner or other Person is liable for the Repair of any Street or public Road (notwithstanding that the same is dedicated to the Public), the Company shall not place any Work under, in, upon, over, along, or across such Street or public Road, except with the Consent of such Landowner or other Person, in addition to the Consent of the Body having the Control of such Street or public Road, where under this Act such last mentioned consent is required: Provided, that where the Company places a Telegraph across or over any Street or public Road they shall not place it so low as to Stop, hinder or interfere with the Passage for any Purpose whatsoever along the Street or public Road.
14. In case of Abandonment of Works, &c., Street or Road Authority or Owner of Land may remove them.
In the following Cases–
(1). If any Part of the Company’s Works is abandoned, or suffered to fall Decay;
(2). If the Company is dissolved, or ceases for Six Months to carry on Business, the Body having the Control of any Street or public Road, or the Owner of any Land or Building, affected (in the former Case) by such Part of the Company’s Works as aforesaid, or (in the latter Case) by any of the Company’s Works, may give Notice to the Company, or leave a Notice at the last known Office or Place of Business of the Company, to the Effect that if such Works as are specified in the Notice are not removed within One Month after the Notice given or left, the same will be removed by the Body having such Control or by such Owner; and in every such Case, unless such Works are removed accordingly, the Body having such Control or such Owner may, without Prejudice to any Remedy against the Company, remove such Works, or any Part thereof, and sell the Materials thereof or of any Part thereof, and, out of the Proceeds of such Sale, reimburse themselves their Expenses relative to such Notice, Removal, and Sale, and consequent thereon (rendering the Overplus, if any, to the Company), and may recover any unpaid Residue of such Expenses from the Company. The present Section shall apply to an existing Company, in respect of any Work already constructed or to be hereafter constructed, as well as to a future Company.
15. In event of Alteration of Street or Road, Company to remove and replace the Works under or over the same.
In case the Body having the Control of any Street or public Road at any Time hereafter resolves to alter the Line or Level of any Portion of such Street or Road under, in, upon, over, along, or across which any Work of the Company constructed either before or after the passing of this Act is placed, the Company shall from Time to Time be bound, on receiving One Month’s Notice of such intended Alteration, and at their own Expense to remove such Work, and to replace the same in such Position and Manner in all respects as may be required by such Body, or, in the event of Difference between such Body and the Company, in such Position and Manner in all respects as may be determined in England or Ireland by Two Justices, and in Scotland by Two Justices or the Sheriff
17. Streets and public Roads to be opened only after Notice and under Superintendence.
Subject to any special Stipulations made with a Company by the Body having the Control of a Street or public Road, and to any Determinations, Orders, or Directions of the Justices, or Sheriff as aforesaid, where the Company proceeds to open or break up a Street public Road, the following Provisions shall take effect:—
(1). The Company shall give to the Bodies between whom respectively and the Company the Depth, Course, and Position of a Telegraph under such Street or public Road are herein-before required to be settled or determined, Notice of their Intention to open or break up such Street or public Road, specifying the Time at which they will begin to do so,- such Notice to be given, in the Case of an underground Work, Ten Days at least, and in the Case of an above-ground Work Five Days at least, before the Commencement of the Work; except in case of Emergency, in which Case Notice of the Work proposed shall be given as soon as may be after the Commencement thereof:
(2). The Company shall not (save in case of Emergency) open or break up any Street or public Road, except under the Superintendence of the Bodies to whom respectively Notice is by the present Section required to be given, unless such Bodies respectively refuse or neglect to give such Superintendence at the Time specified in the Notice for the Commencement of the Work, or discontinue the same during the Work:
(3). The Company shall pay all reasonable Expenses to which such Bodies respectively may be put on account of such Superintendence.
18. Streets and public Roads to be restored and kept in repair for Six Months.
Subject to any such special Stipulations as aforesaid, after the Company has opened or broken up a Street or public Road they shall be under the following further Obligations:—
(1). They shall, with all convenient Speed, complete the Work-on account of which they opened or broke up the same, and fill in the Ground, and make good the Surface,
and generally restore the Street or public Road to as good a Condition as that in which it was before being opened or broken up, and carry away all Rubbish occasioned thereby
(2). They shall in the meantime cause the Place where the Street or public Road is opened or broken up to be fenced and watched, and to be properly lighted at Night:
(3). They shall pay all reasonable Expenses of keeping the Street or public Road in good Repair for Six Months after the same is restored, so far as such Expenses may be increased by such opening or breaking up:
If the Company fails to comply in my respect with the Provisions of the present Section, they shall for every such Offence (without Prejudice to the Right of any Person to enforce specific, Performance of the Requirements of this Act, or to any other Remedy against them,) be liable to a Penalty not exceeding Twenty Pounds, and to a further Penalty not exceeding Five Pounds for each Day during which any such Failure continues after the First Day when such Penalty was adjudged; and any such Penalty shall (notwithstanding anything herein-before, or in any Act relating to Municipal Corporations, or to the Metropolitan Police Force, or in any other Act, contained) go and belong to the Body having the Control of the Street or public Road, and shall form Part of the Funds applicable by them to the Maintenance of the Street or public Road.
19. Power to Street or Road Authorities to execute Works and charge the Expenses to the Company.
Whenever the permanent Surface or Soil of any Street or public Road is broken up or opened by the Company, it shall be lawful for the Body having the Control of the Street or Road, in case they think it expedient so to do, to fill in the Ground, and to make good the Pavement or Surface or Soil so broken up or opened, and to carry away the Rubbish occasioned thereby, instead of permitting such Work to be done by the Company; and the Costs and Expenses of filling in such Ground, and of making good the Pavement or Soil so broken up or opened, shall be repaid on Demand to the body having the Control of the Street or Road by the Company, and in default thereof may be recovered by the Body having the Control of the Street or Road from the Company as a Penalty is or may be recoverable from the Company.
20. Restrictions on Impediments to Traffic.
The Company shall not stop or impede Traffic in any Street or public Road, or into or out of any Street or public Road, further than is necessary for the proper Execution of their Works. They shall not close against Traffic more than One Third in Width of any Street or public Road, or of any Way opening into any Street or public Road, at One Time; and in case Two Thirds of such Street or Road are not wide enough to allow Two Carriages to pass each other, they shall not occupy with their Works at One Time more than Fifty Yards in Length of the One Third thereof, except with the special Consent of the Body having the Control thereof.
21. As to Works affecting Crown Property.
The Company shall not place any Work by the Side of my Land or Building, so as to stop, hinder, or interfere with Ingress or Egress for any Purpose to or from the same, […]:
[(1). Twenty-one days at least before the company proceeds to place any work under, in, upon, over, along or across any land or building they shall publish a notice describing the intended placing of such work by intended leaving such notice at the land or building affected;]
(2). Where the Company […] places a Telegraph directly over any Dwelling House, they shall not place it at a less Height above the Roof thereof than Six Feet, if the Owner, Lessee, or Occupier thereof objects to their placing it at a less Height:
(3). If at any Time the Owner, Lessee, or Occupier of any Building or Land adjoining to a Building, directly over which Building or Land the Company […] places a Telegraph, desires to raise the Building to a greater Height, or to extend it over such Land, the Company shall increase. The Height or otherwise alter the Position of the Telegraph, so that the same may not interfere with the raising or Extension of the Building, within Fourteen Days after receiving from the Owner, Lessee, or Occupier a Notice of his Intention to raise or extend the Building, or in case of Difference between the Company and the Owner, Lessee, or Occupier as to his Intention, then within Fourteen Days after receiving a Certificate, signed by a Justice of the Peace, certifying that he is satisfied of the Intention of the Owner, Lessee, or Occupier to raise or extend the Building:
(4). The Company shall make full Compensation to the Owner, Lessee, and Occupier of any Land or Building over, along, or across which the Company […] places a Telegraph, and which may be shown to be in of such Compensation to any respect prejudicially affected thereby, the Amount be determined in manner provided by the said Lands Clauses Consolidation Acts respectively and any Act amending those Acts for the Determination of the Amount of Compensation with respect to Lands injuriously affected:
22. Company not to place Telegraphs above Ground, and Posts, within certain Distance of Dwelling Houses, without Consent of Occupier, &c.
Subject and without Prejudice to the foregoing Provisions, the Company shall place a Telegraph above Ground, or a Post, within Ten Yards of a Dwelling House [which is not adjoining to or near a street or public road] or place a Telegraph above Ground, across an Avenue or Approach to a Dwelling House [which is not adjoining to or near a street or public road], except subject and according to the following Restrictions and Provisions:
(1). They shall in each such Case obtain the Consent of the Occupier (if any) of such Dwelling House, and if there is no Occupier, then of the Lessee entitled to Possession, and if there is none, then of the Owner:
(2). The Consent of an Occupier shall be effective only during the Continuance of his Occupation
(3). On the Termination of the Occupation of any Occupier the Lessee or Owner entitled to Possession, if he did not consent to the placing of the Telegraph or Post, may give Notice to the Company that he requires it to be removed:
(4). The Company shall remove the same accordingly within One Month after receiving such Notice
(5). If any Question arises between a Lessee or Owner and the Company as to such Removal, or the Time or Mode thereof the same shall be referred to the Determination in England or Ireland of Two Justices, and in Scotland of Two Justices or the Sheriff, which Justices or Sheriff may give such Directions as to such Removal, and the Time and Mode thereof, as may seem reasonable, and may impose on the Company for not carrying such Directions into effect such Penalty not exceeding Five Pounds a Day as may seem just.
23. Notices to be published, and left at Dwelling Houses, of intended Telegraph along Street or Public Road, after Consent of Street or Road Authority obtained.
Before the Company proceeds to place a Telegraph over, along, or across a Street (not being a Street in the Metropolis or in a City or large Town), or a public Road, to place Posts in or upon a Street (not being such a Street as aforesaid) or a public Road, they shall publish a Notice stating that they have obtained the Consent in that Behalf of the Body having the Control of the Street or public Road, and describing the intended Course of the Telegraph,–
(1). By affixing such Notice on some conspicuous Places by the Side of the Part of the Street or Road affected, at Distances of not more than One Mile apart.
(2). By leaving such Notice at every Dwelling House fronting on the Part of the Street or Road affected, and being within Fifty Feet thereof:
(3). By inserting such Notice as an Advertisement once at least in each of Two successive Weeks in some One and the same local Newspaper circulating in the Neighbourhood of the Part of the Street or Road affected
And they shall not so place any such Telegraph or Post until the Expiration of Twenty-one Days from the last Publication of such Advertisement.
24. Power to Owner or Occupier of adjoining Land or Building to object.
At any time during the next twenty-one days after the publication of a notice under section 21 of this Act or after the last publication of a notice under section 23 of this Act, the owner, lessee or occupier of any land or building affected may give to the company notice of his objection to their intended works as prejudicially affecting such land or building and, if the company and the objector are unable to resolve the matter, the
26. Examination and Inquiry to be made by Board of Trade.
As soon as may be after the Receipt of [a copy of such notice of objection, the arbitrator] (unless the Difference between the Company and the Person objecting is arranged) make Inquiry and Examination, and hear and determine the Matter of the Objection.
27. Powers of Board of Trade respecting the Objection.
On bearing any such objection, the arbitrator—
29. Costs.
The [arbitrator] may allow to any Owner, Lessee, or Occupier so objecting such Costs as seem just, to be paid by the Company.
30. For Building or other Purposes, Owner, &c. may require Removal of Works.
Where at any Time before or after the passing of this Act the Company has constructed any Work under, in, upon, over, along, or across any Land or Building, or any Street or public Road adjoining to or near any Land or Building, and any Owner, Lessee, or Occupier of such Land or Building, or any Lord of a Manor, or other Person having any Interest in such Land or Building, desires to build upon or inclose such Land, or in any Manner to improve or alter such Land or Building, or to use such Land or Building in some Manner in which it was not actually used at the Time of the Construction of such Work by the Company, and with which the Continuance of such Work would interfere, then and in every such Case the following Provisions shall take effect:
(1). Such Owner, Lessee, Occupier, Lord of a Manor, or other Person interested may give to the Company a Notice specifying the Nature of such intended Building, Inclosure, Improvement, Alteration, or other Use of the Land or Building, including Ingress or Egress thereto or therefrom, and requiring the Company to remove or alter their Work so that the same may not interfere therewith:
(2). Within Fourteen Days after the Receipt of such Notice, or in case of Difference between the Company and the Person giving the same as to his Intention, then within Fourteen Days after the Receipt of a Certificate, signed by a Justice of the Peace, certifying that lie is satisfied of the Intention of such Person to make such Building, Inclosure, Improvement, Alteration, or other Use of the Land or Building, and that the Continuance of such Work would interfere therewith, the granting of such Certificate being deemed to be a Matter referred to the Determination of the Justice so certifying, the Company shall remove or alter their Work so that the same shall not interfere with such intended Building, Inclosure, Improvement, Alteration, or other Use of the Land or Building:
(3). When such Certificate is required by the Company the Costs thereof, when obtained, shall be paid by the Company to the Person giving the Notice
(4). Nothing herein shall empower any Person to obtain the Removal or Alteration of any work contrary to the Terms of any Grant or Consent in Writing made or given by him, or by any Person through whom he takes his Estate or Interest.
32. For Works affecting Railways, Canals, &c., Consent of Directors, &c. requisite.
[Subject to this Act, where the company intends to proceed with the placing of any work under, in, upon, over, along or across any railway or canal the depth, course and position at and in which the same is to be placed shall be settled between the company and the persons having control of the railway or canal. In the event of disagreement, the matter shall be referred to an arbitrator whose decision shall be final.] But this Provision shall not restrict the Company from placing any Work (subject and according to the other Provisions of this Act) under, in, upon, over, along or across any Street or public Road, although such Street or public Road may cross or be crossed by a Railway or Canal, so that such Work do not damage the Railway or Canal, or interfere with the Use, Alteration, or improvement thereof.
33. Access from future Docks to Canal.
If at any Time after the Company has placed any Work under, in, upon, over, along, or across any Canal, any Person having Power to construct Docks, Basins, or other Works upon any Land adjoining to or near such Canal constructs any Dock, Basin, or Work on such Land, but is prevented by the Company’s Work from forming a Communication for the convenient Passage of Vessels with or without Masts between such Dock, Basin, or other Work, and such Canal, or if the Business of such Dock, Basin, or other Work is interfered with by reason or in consequence of any such Work of the Company, then the Company, at the Request of such Person, and on having reasonable Facilities afforded them by him for placing a Telegraph round such Dock, Basin, or other Work, under, in, upon, over, along, or across Land belonging to or under his Control, shall remove and place their work accordingly. If any Dispute arises between the Company and such Person as to the Facilities to be afforded the company, or as to the Direction in which the Telegraph is to be placed, it shall be determined by [an arbitrator].
[
34. Board of Trade may in any Case appoint Arbitrator.
The reasonable expenses and remuneration of the arbitrator (to be settled in case of difference by the Minister for Posts and Telegraphs) shall be paid by the company.]
35. For Works on Seashore, Consent of Proprietors of Shore and Conservancy or other Authorities requisite.
The Company shall not place any Work under, in, upon, over, along, or across any Estuary or Branch of the Sea, or the Shore or Bed of any tidal Water, except with the Consent of all Persons and Bodies having any Right of Property, or other Right, or any Power, Jurisdiction, or Authority in, over, or relating to the same, which may be affected or be liable to be affected by the Exercise of the Powers of the Company (which Consent, where Her Majesty in right of Her Crown is interested, may be given on behalf of Her Majesty by the Commissioners for the Time being of Her Majesty’s Woods, Forests, and Land Revenues, or One of them, in Writing signed by them or him).
36. Plan of such Works to be subject to Approval of Board of Trade.
Before commencing the Construction of any such Work as last aforesaid, or of any Buoy or Sea mark connected herewith, except in Cases of Emergency for Repairs to any Work previously constructed or laid, and then as speedily after the Commencement of such Work as may be the Company shall deposit at the Office of the Board of Trade a Plan thereof, for the Approval of the Board of Trade. The Work shall not be constructed other wise than in accordance with such Approval. If any Work is constructed contrary to this provision, the Board of Trade may, at the Expense of the Company, abate and remove it, or any Part of’ it, and restore the Site thereof to its former Condition.
37. Lights and Signals for such works.
Notwithstanding anything in The Merchant Shipping Act, 1854, or any Act amending the same, contained, the Company may, in or about the Construction, Maintenance or Repair of any such Work, use on board ship or elsewhere any Light or Signal allowed by any Regulation to be made in that Behalf by the Board of Trade.
38. Power of Board of Trade as to such Works if disused, &c.
If any such Work, Buoy, or Sea Mark is abandoned, or suffered to fall into Decay, the Board of Trade may, if and as they think fit, at the Expense of the Company either repair and restore it or any Part of it, or abate and remove it or any Part of it, and restore the Site thereof to its former Condition.
s. 39 Local Survey of such works by Board of Trade.
Why are there only extracts of this Act on Westlaw?
This Act was originally published within Round Hall’s printed Consolidated Local Government Legislation. Round Hall identified only sections of this Act as applying to Rates & Valuations within Local Government law. For a list of legislative amendments to this Act since 1993, see Legislation Fastcheck.
40. Recovery of Expenses by Board of Trade in such Cases.
Whenever the Board of Trade, under the Authority of this Act, does, in relation to any such Work, any Act or Thing which they are by this Act authorized to do at the Expense of the Company, the Amount of such Expense shall be a Debt due to the Crown in from the Company, and shall be recoverable as such, with Costs, or the same may be recovered, with Costs, as a Penalty is or may be recoverable from the Company.
41. Telegraph to be open for all Messages without Preference; subject to Leases.
Every Telegraph of the Company shall be open for the Messages of all Persons alike, without Favour or Preference; but this Provision shall not prejudicially affect the Operation of any Lease or Agreement authorized by this Act.
42. Company to be responsible for all Damages.
The Company shall be answerable for all Accidents, Damages, and Injuries happening through the Act or Default of the Company or of any Person in their Employment by reason or in consequence of any of the Company’s Works, and shall save harmless all Bodies having the Control of Streets or public Roads, collectively and individually, and their Officers and Servants, from all Damages and Costs in respect of such Accidents and Injuries.
45. Punishment of Officers of Company for Misconduct respecting Messages.
If any Person in the Employment of the Company–
Wilfully or negligently omits or delays to transmit or deliver any Message;
Or by any wilful or negligent Act or Omission prevents or delays the Transmission or Delivery of any Message; [he shall be guilty of an offence].
47. Certain Enactments in Special Acts not affected by this Act.
Nothing in this Act shall affect any of the Enactments specified in the Schedule to this Act.
48. Messages on Her Majesty’s Service to have Priority.
If One of Her Majesty’s Principal Secretaries of State, or the Board of Trade or other Department of Her Majesty’s Government, requires the Company to transmit any message on Her Majesty’s Service, such Message shall (notwithstanding anything herein-before contained) have Priority over all other Messages; and the Company shall as soon as reasonably may be transmit the same, and shall, until Transmission thereof, suspend the Transmission of all other Messages.
52. In Emergencies Telegraph’s may be taken possession of for Her Majesty’s Service.
Where, in the Opinion of One of Her Majesty’s Principal Secretaries of State, an Emergency has arisen in which it is expedient for the Public Service that Her Majesty’s Government should have Control over the Transmission of Messages by the Company’s possession of Telegraphs, the Secretary of State, by Warrant under his Hand, may direct and cause the Company’s Works, or any Part thereof, to be taken possession of in the Name and on behalf of Her Majesty, and to be used for Her Majesty’s Service, and, subject thereto, for such ordinary Service as may seem fit; or may direct and authorize such Persons as he thinks fit to assume the Control of the Transmission of Messages by the Company’s Telegraphs, either wholly or partly, and in such Manner as he directs. Any such warrant shall not have effect for a longer Time than [such emergency exists].