Telephone Development

Telegraph Act 1863

1863 CHAPTER 112
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 :

Preliminary
1Short Title.
This Act may be cited as The Telegraph Act, 1863.

2Application 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 Special Act of Parliament to construct and maintain Telegraphs :
(2)To every Company so authorized before the passing of this Act by any such Special Act, notwithstanding anything in any such Special Act contained,—but so that, except as herein-after expressly provided, nothing in this Act shall give to any Owner, Lessee, or Occupier of Land, or other Person, or to any Body, as against any such Company as last aforesaid, in respect of anything lawfully done before the passing of this Act by such Company under any such Special Act, any furrier or other Right, Power, Jurisdiction, Authority, or Remedy, than he or they would have had if this Act had not been passed : Provided also, that nothing in this Act shall interfere with the Maintenance or Repair, under any such Special Act, of any Work lawfully constructed before the passing of this Act by any such Company under any such Special Act, or with the increasing .of the Number of the Wires forming Part of any such Work; and that nothing in this Act shall relieve any such Company from any Obligation or Liability under any Agreement made before the passing of this Act, or shall make lawful any Work constructed by the Company before the passing of this Act which is the Subject of any Proceedings at Law or in Equity pending at the passing of this Act, or which has been constructed without such Consent as was required for the Construction thereof before the passing of this Act.

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 tenures, 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 tenures, 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 Stewart 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 Stewart Depute respectively.

4

Recovery of Damages, Costs, Expenses, and Penalties.

The Provisions of The Railways Clauses Consolidation Act, 1845, 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.

5Provisions 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.

General Powers of Company

6General 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 follows :
(1)They may place and maintain a Telegraph under any Street or public Road, and 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 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.

7Provision as to Compensation.
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 Acts, for the Determination of the Amount and Application of Compensation for Lands taken or injuriously affected.

8Provision 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 shall 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.

Restrictions as to Telegraphs under Streets and public Roads

9Not to place Telegraphs under Streets in Metropolis and large Towns without Consent of Bodies having Control of the Streets.
The Company shall not place a Telegraph under any Street within the Limits of the District over which the Authority of the Metropolitan Board of Works extends, or of any City or Municipal Borough or Town Corporate, or of any Town having a Population of Thirty thousand Inhabitants or upwards (according to the latest Census), except with the Consent of the Bodies having the Control of the Streets within such respective Limits.

10Depth, 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 has obtained Consent to the placing, or by virtue of the Powers of the Company under this Act intends to proceed with the placing, of a Telegraph under 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 so marked as to distinguish it from Tubes or Pipes of every other Company.

12Company 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 tho 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.

Removal of Works affecting Streets and public Roads

14In 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 into 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.

15In 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.

16Removal of dangerous Posts placed before passing of this Act.
Where the Company has, before the passing of this Act, placed Posts in or upon a Street or public Road, and the Body having the Control of the Street or Road considers the Position of any such Post to be dangerous or inconvenient, the following Provisions shall take effect:
(1)Such Body may give to the Company a Notice requiring them to remove or alter the Position of such Post, and specifying the Grounds of such Requisition :
(2)The Company either shall, within Fourteen Days after Receipt of such Notice, remove or alter the Position of the Post in accordance with the Notice ; or else, if they do not intend to remove or alter the Position of the Post in accordance with the Notice, shall, within One Week after Receipt of the Notice, deliver to such Body a Counter-Notice, specifying their Objection to such Removal or Alteration:
(3)Such Body may send Copies of the Notice and Counter-Notice to the Board of Trade :
(4)As soon as may be after Receipt of such Copies, the Board of Trade shall (unless the Difference between the Body giving the Notice and the Company is arranged) make Inquiry and Examination, and hear and determine the Matter of the Notice and Counter-Notice:
(5)On hearing any such Matter, the Board of Trade may direct that the Company shall comply with the Notice, wholly or in part, or subject to any such Modifications as the Board of Trade prescribes, or on condition that the Body giving the Notice shall afford to the Company all reasonable and proper Facilities in their Power for substituting some other Work for that to which the Notice relates, or on any such other Condition as to the Board of Trade seems, according to the Circumstances of the Case, just and expedient, and the Expenses incurred in or about such Removal or Alteration shall be borne and paid by the Company or by the Body giving the Notice, or partly by one and partly by the other, as to the Board of Trade seems, according to the Circumstances of the Case, just and expedient, the Amount of such Expenses to be determined in case of Difference by the Board of Trade.
Restrictions as to the opening of Streets and public Roads

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 or 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 aboveground 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 any 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.
Restrictions as to Works affecting private or Grown Property

21As to Works affecting Crown Property.

The Company shall not place any Work by the Side of any Land or Building, so as to stop, hinder, or interfere with Ingress or Egress for any Purpose to or from the same, or place any Work wider, in, upon, over, along, or across any Land or Building, except with the previous Consent in every Case of the Owner, Lessee, and Occupier of such Land or Building, which Consent, in case of any Land or Building belonging to or enjoyed by the Queen’s most Excellent Majesty in right of Her Crown, may be given by the Commissioners for the Time being of Her Majesty’s Woods, Forests, and Land Revenues, or One of them, on behalf of, Her Majesty: Provided always, that with respect to Lands and Buildings situate within the Limits of the District over which the Authority of the Metropolitan Board of Works extends (herein-after referred to as the Metropolis), or within the Limits of any City or Municipal Borough or Town Corporate, or any Town having a Population of Thirty thousand Inhabitants or upwards, according to the latest Census (herein-after referred to as a City or large Town), if the Body having the Control of any Street in the Metropolis or a City or large Town, consents to the placing of Works by the Company in, upon, over, along, or across that Street, then and in every such Case that Consent shall (unless it is otherwise provided by the Terms thereof), be sufficient Authority for the Company, without any further Consent, except as to any Land or Building belonging to or enjoyed by Her Majesty in right of Her Crown, to place and maintain a Telegraph over, along, or across any Building adjoining to or near the Street, and situate within the Limits of the District over which the Powers of the consenting Body extend, or over, along, or across any Land, not being laid out as Building Land, or not being a Garden or Pleasure Ground, adjoining to or near the Street and situate within the same Limits, subject nevertheless to the following Provisions:—
(1)Twenty-one Days at least before the Company proceeds to place a Telegraph by virtue of the Authority so conferred, they shall publish a Notice stating they have obtained the Consent of such Body as aforesaid, and describing the intended Course of such Telegraph:
(2)Where the Company by virtue of the Authority so conferred 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 by virtue of the Authority so conferred 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 by virtue of the Authority so conferred places a Telegraph, and which may be shown to be in any respect prejudicially affected thereby, the Amount of such Compensation to 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 :Provided also, that the Consent of any Person occupying as a Tenant from Year to Year only shall not be required, nor shall any Person so occupying be entitled to such

Compensation as aforesaid.

22Company 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 not place a Telegraph above Ground, or a Post, within Ten Yards of a Dwelling House, or place a Telegraph above Ground across an Avenue or Approach to a Dwelling House, 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 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, or 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 such Twenty-one Days the Owner, Lessee, or Occupier of any Land or Building adjoining to either Side of such Street or Road may give to the Company Notice of his Objection to their intended Works as prejudicially affecting such Land or Building, and send to the Board of Trade a Copy of his Notice of Objection.

25Until Objection settled Works to be stayed.
Until such Objection is settled, or is determined in manner herein-after provided, the Company shall not execute that Part of their intended Works to which the Objection relates.

26Examination and Inquiry to be made by Board of Trade.
As soon as may be after the Receipt of such Copy of Notice of Objection, the Board of Trade shall (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 hearing any such Objection the Board of Trade—
(1)may allow the Objection, wholly or in part; or
(2)may authorize the Company to proceed with their Works, subject to the Provisions of this Act, according to their published Notice, paying to the Owner, Lessee, or Occupier objecting full Compensation (the Amount thereof to be determined, in case of Difference, by the Board of Trade) for any Damage done to him ; or
(3)may authorize the Company to so proceed subject to any such Conditions 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 Board of Trade thinks fit; or
(4)may authorize the Company to so proceed subject to any such Modification of any intended Work as the Board of Trade prescribes ; but so that in that Case such Notice and Opportunity of objecting and being heard as the Board of Trade directs shall be given to any Owner, Lessee, or Occupier whom such Modification may affect.

28

Decision of Board of Trade final.

The Determination of the Board of Trade on the Matter of any such Objection shall be final and conclusive.

29Costs.
The Board of Trade may allow to any Owner, Lessee, or Occupier so objecting such Costs as seem just, to be paid by the Company.

Removal or Alteration of Works affecting Land or Buildings

30For 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 he 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.

31Removal of injurious Works constructed before this Act.

Where the Company has, before the passing of this Act, constructed any Work under, in, upon, over, along, or across a Street or public Road, and the Owner, Lessee, or Occupier of any Land or Building adjoining to or near the Street or public Road considers such Land or Building to be prejudicially affected by such Work, then the following Provisions shall take effect:
(1)Such Owner, Lessee, or Occupier may give to the Company a Notice requiring them to remove or alter such Work, and specifying the Grounds of such Requisition :
(2)The Company either shall, within One Month after Receipt of such Notice, remove or alter the Work in accordance with the Notice, or else, if they do not intend to remove or alter the Work in accordance with the Notice, shall, within One Week after Receipt of the Notice, deliver to the Person giving the Notice a Counter-Notice, specifying their Objection to such Removal or Alteration:
(3)The Person giving the Notice may send Copies of the Notice and Counter-Notice to the Board of Trade :
(4)As soon as may be after Receipt of such Copies the Board of Trade shall (unless the Difference between the Person giving the Notice and the Company is arranged) make Inquiry and Examination, and hear and determine the Matter of the Notice and Counter-Notice:
(5)Such Owner, Lessee, or Occupier shall be entitled to obtain a Direction from the Board of Trade for the Removal or Alteration of such Work in every Case where it appears to the Board of Trade that such Land or Building is prejudicially affected by such Work, and that the Removal or Alteration thereof may be effected consistently with a due Regard to the efficient Working of the Company’s Telegraphs, such Direction nevertheless to be given on such Terms and Conditions as to the Board of Trade seem, according to the Circumstances of the Case, just and expedient, including, if it seems expedient, the Condition of the Payment by such Owner, Lessee, or Occupier of any Expense incurred by the Company in or about such Removal or Alteration, the Amount thereof to be determined in case of Difference by the Board of Trade:
(6)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.

Restrictions as to Works affecting Railways and Canals

32For Works affecting Railways, Canals, &c. Consent of Directors, &c. requisite.
The Company shall not place any Work under, in, upon, over, along, or across any Railway or Canal, except with the Consent of the Proprietors or Lessees, or of the Directors or Persons having the Control thereof. 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.

33Access 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 to the Company, or as to the Direction in which the Telegraph is-to be placed, it shall be determined by the Board of Trade.

Appointment of Arbitrator by Board of Trade

34Board of Trade may in any Case appoint Arbitrator.
If in any Case where any Matter is herein-before authorized or directed to be determined by the Board of Trade it appears to the Board of Trade to be expedient, for Convenience of local Investigation or for any other Reason, that the Matter should be determined by an Arbitrator, the Board of Trade may, notwithstanding anything herein-before contained, and whether the Board of Trade has entered on the Investigation or not, refer the Matter to some competent and impartial Person as Arbitrator; and with respect to the Matter so referred any such Arbitrator shall have the like Authority and Jurisdiction as the Board of Trade has under this Act, and his Determination shall have the same Effect as a Determination of the Board of Trade under this Act. The reasonable Expenses and Remuneration of the Arbitrator (to be settled in case of Difference by the Board of Trade) shall be paid by the Company.

Restrictions as to Works affecting Seashore
35For 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).
36Plan 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 therewith, 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 otherwise 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.

38Power 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.

39Local Survey of such Works by Board of Trade.
The Board of Trade may at any Time, at the Expense of the Company, cause to be made a Survey and Examination of any such Work, Buoy, or Sea Mark, or of the Site thereof.

40Recovery 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 authorised to do at the Expense of the Company, the Amount of such Expense shall be a Debt due to the Crown 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.

General Obligations and Liabilities of Company and their Servants

41Telegraph 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 anyLease or Agreement authorised by this Act.

42Company 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.

43Sale, &c. of Undertaking and Leases of Wires (with Exceptions) prohibited, except with Consent of Board of Trade.
The Company shall not sell, transfer, or lease their Undertaking or Works, or any Part thereof, to any other Company or to any Body or Person, except with the Consent of the Board of Trade previously obtained for such Sale, Transfer, or Lease; but this Provision shall not, as far as it relates to Leases, apply to the Universal Private Telegraph Company, constituted by the Special Act of 1861 in the Schedule to this Act mentioned, and shall not restrict the granting of any Lease by any Company in pursuance of any Agreement in that Behalf made before the Twelfth Day of February One thousand eight hundred and sixty-three, and shall not restrict the making or carrying into effect by any Company of any Arrangement with any Person for providing any Work for his private Use only.

44Registered Office of Company for Service of Documents.
The Company, before exercising any Power for the Construction of Works or the opening or breaking up of Streets or public Roads in any One of the Three Parts of the United Kingdom, shall give to the Registrar of Joint Stock Companies acting for that Part of the United Kingdom under The Companies Act, 1862, Notice of the Situation of some Office where Notices may be served on the Company within that Part of the United Kingdom; and the Company shall from Time to Time give to such Registrar Notice of any Change in the Situation of such Office : Every such Notice shall be recorded by the Registrar, and the Record thereof may be inspected from Time to Time by any Person: The Delivery at the Office of which Notice is so given of any Notice, Writ, Summons, or other Document addressed to the Company shall, for the Purposes of this Act and all other Purposes, be deemed good Service on the Company : The Company shall, on giving each Notice to the Registrar under the present Section, pay such Fee as is payable under the last-mentioned Act on Registration of any Document by that Act required or authorized to be registered, other than a Memorandum of Association ; and every Person inspecting the Record of such Notice with the Registrar shall pay such Fee as is for the Time being payable under the last-mentioned Act for Inspection of Documents kept by the Registrar under that Act.

45Punishment 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;
Or improperly divulges to any Person the Purport of any Message,—
He shall for every such Offence be liable to a Penalty not exceeding Twenty Pounds.

46Saving for Effect of future General Acts.
Nothing in this Act, and nothing in any future Special Act, except so far as express Provision to the contrary hereof may be thereby made, shall relieve the Company from being subject to any Restrictions, Regulations, or Provisions which may hereafter be made by Act of Parliament respecting Telegraphs or Telegraph Companies or their Charges.
Saving as to Restrictions on and Duties of existing Companies

47Certain 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.

Powers of Her Majesty’s Government over Company

48Messages 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.

49On Request of Board of Trade Company to place Telegraph.
On the Request of the Board of Trade, the Company shall from Time to Time place and shall maintain such a Telegraph as the Board of Trade appoints, to be for the exclusive Use of Her Majesty, and to be applied to such Purposes, whether for the immediate Service of Her Majesty, or otherwise, as Her Majesty thinks fit.

50On Refusal or Neglect of Company, Power to Board of Trade to place such Telegraph.
If the Company refuses or neglects to place a Telegraph in accordance with such Request, the Board of Trade may cause such a Telegraph to be placed in connexion with any of the Company’s Works, by such Persons and in such Manner as the Board of Trade thinks fit, and for that Purpose shall have and may exercise all the Powers under this Act or otherwise vested in the Company ; subject, nevertheless, to the Restrictions and Provisions under this Act or otherwise applicable to the Company, and without Prejudice to the Exercise by the Company of the Powers under this Act or otherwise vested in them.

51Remuneration of Company for placing such Telegraph.
Where the Company places a Telegraph, in pursuance of such Request of the Board of Trade, the Commissioners of Her Majesty’s Treasury shall pay to the Company, as Remuneration for the same, out of Money to be provided by Parliament for the Purpose, such Sum, annual or in gross, or both, as may be settled between the Board of Trade and the Company by Agreement, or, in case of Difference, by Arbitration, such Arbitration to be conducted as follows:
(1)The Board of Trade and the Company shall each, within Fourteen Days after the Delivery by one to the other of a Demand in Writing for an Arbitration, nominate an Arbitrator:
(2)The Two Arbitrators nominated shall, before entering on the Arbitration, nominate an Umpire:
(3)If either Party or Arbitrator makes default in nominating an Arbitrator or Umpire within Fourteen Days after receiving from the other a Demand in Writing for such Nomination, the Lord Chief Justice of Her Majesty’s Court of Common Pleas at Westminster may, on the Request of the Board of Trade, or of the Company, by Writing under his Hand, nominate an Arbitrator or Umpire:
(4)The Arbitrators shall make their Award within Twenty-eight Days after their Nomination, otherwise the Matter shall be left to be determined by the Umpire:
(5)The Umpire shall make his Award within Twenty-eight Days after Notice from the Arbitrators or One of them that the Matter is left to be determined by him; or, on default, a , new Umpire shall be appointed as nearly as may be in manner aforesaid, who shall make his Award within the like Time, or on default be superseded; and so toties quoties :The Award of the Arbitrators or Umpire shall be final and conclusive as between the Board of Trade and the Company.

52In Emergencies Telegraphs 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 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 Message s 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 One Week from the issuing thereof; but the Secretary of State may issue successive Warrants from Week to Week as long as, in his Opinion, such Emergency continues. The Commissioners of Her Majesty’s Treasury shall pay to the Company, as Compensation for any Loss of Profit sustained by the Company by reason of the Exercise by the Secretary of State of any of the Powers of the present Section, out of Money to be provided by Parliament for the Purpose, such Sum as may be settled between the Secretary of State and the Company by Agreement, or, in case of Difference, by Arbitration,—such Arbitration to be conducted in manner provided in the last foregoing Section, the Secretary of State being only substituted for the Board of Trade.

53Power to proceed against Company given to Law Officers of Crown on Certificate of Board of Trade.
Where it appears to the Board of Trade that any Provision of this Act has not been complied with on the Part of the Company, and that it would be for the public Advantage that Compliance therewith should be enforced, the Board of Trade may certify accordingly to Her Majesty’s Attorney General for England or for Ireland, or to the’ Lord Advocate for Scotland, as the Case may require; and thereupon the Attorney General or Lord Advocate may, by such Civil or Criminal Proceeding as the Case may require, enforce Compliance with such Provision, by the Recovery of Penalties, or otherwise according to Law. But no such Certificate shall be made by the Board of Trade until the Expiration of Twenty-one Days after they have given Notice to the Company of their Intention to make the same. This Provision shall be deemed to be cumulative, and to be without Prejudice to any other Remedy or Process against the Company on the Part of Her Majesty or of any Person or Body.

SCHEDULE

Enactments in Special Acts of existing Companies which me not to be affected by this Act
Session and Chapter of Act. Short Title of Act. Enactments to which Saving extends.
16 & 17 Vict. c. clix. The British Electric Telegraph Company’s Act, 1853. Section Forty-three (relating to Works affecting the Thames).
16 & 17 Vict. c. cciii. The Electric Telegraph S Company’s Act, 1853. Section Fifty-six (relating to Works affecting the Thames).
24 & 25 Vict. c. lxi. The Universal Private Telegraph Company’s Act, 1861. Section Twenty-seven (relating to Works affecting the Mersey Dock Estate).
24 & 25 Vict. c. xcii. Bonelli’s Electric Telegraph Act, 1861. Sections Twenty-five, Twenty-six, Twenty-seven (relating to Works affecting the Thames), and Thirty-eight and Thirty-nine (relating to Works affecting the Mersey, and to the Mersey and Irwell Navigation).
25 & 26 Vict. c. cxxxi. United Kingdom Electric Telegraph Act, 1862. Sections Fifty – three, Fifty – four, Fifty-five (relating to Works affecting the Thames), Fifty-seven, Fifty-eight (relating to Works affecting the Mersey, and to the Mersey and Irwell Navigation), Seventy-four (relating to a Sale, Transfer, or Lease), and Seventy-six (relating to Works in Scotland).
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Telegraph Act 1868

1868 CHAPTER 110
An Act to enable Her Majesty’s Postmaster General to acquire, work, and maintain Electric Telegraphs.

[31st July 1868]

WHEREAS the Means of Communication by Electric Telegraphs within the United Kingdom of Great Britain and Irelaind are insufficient, and many important Districts are without any such Means of Communication :

And whereas it would be attended with great Advantage to the State, as well as to Merchants and. Traders, and to the Public generally, if a cheaper, more widely extended, and more expeditious System of Telegraphy were established in the United Kingdom of Great Britain and Ireland, and to that end it is expedient that Her Majesty’s Postmaster General be empowered to work Telegraphs in connexion with the Administration of the Post Office :

May it therefore please Your Majesty that it may be enacted ; and 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 :

Preliminary
1Short title.
This Act may be cited as “The Telegraph Act, 1868.”

2Provisions of 26 & 27 Vict. c.112 incorporated.
The Telegraph Act, 1863, shall be incorporated with this Act, except so far as the same, or any Part thereof, may be expressly varied, altered, or be inconsistent with this Act; and the Term ” the Company,” in the Telegraph Act, 1863, shall, in addition to the Meaning assigned to it in that Act, mean the Postmaster General.

3

Interpretation of Terms.

Terms to which Meanings are assigned by the Telegraph Act, 1863, have in this Act the same respective Meanings; and the “Word ” Land ” in such last-mentioned Act shall, in addition to the Meaning thereby assigned to it, include any Term, Estate, .Easement, Interest, Right, or Privilege, in, over, or affecting Land, and shall include the Works, Tubes, Wires, Posts, and other Property purchased or acquired by the PostmasterIn this Act:—
The Term ” the Undertaking ” shall mean the whole or any Part of the Electric and other Telegraphs, Wires, Posts, Pipes, Tubes, and other Works, Instruments, Materials, Lands, Tenements, Hereditaments, and Buildings, Parliamentary, prescriptive, and other Rights, Powers, Privileges, Patents, and all other Property whatsoever of any Company, Corporation, or Persons engaged in the United Kingdom of Great Britain and Ireland in transmitting Messages for Money or other Consideration by means of Electric or other Telegraphs :
The Term ” any Company ” shall mean any Company, Corporation, or Persons now engaged in the United Kingdom of Great Britain and Ireland in transmitting, or authorized to transmit, Messages for Money or other Consideration, by means of Electric or other Telegraphs, or mechanical Agencies, and each and every of those Companies.
Purchase

4

Power to Postmaster General to purchase Undertakings of Telegraph Companies.

It shall be lawful for Her Majesty’s Postmaster General and he is hereby authorized, with the Consent of the Lords Commissioners of Her Majesty’s Treasury, from Time to Time, out of any Monies which may be from Time to Time appropriated by Act of Parliament and put at his Disposal for that Purpose, to purchase for the Purposes of this Act, the whole, or such Parts as he shall think fit, of the Undertaking of any Company, and any Undertaking, and all other Property purchased under the Powers of this Act, shall be vested in and held by Her Majesty’s Postmaster General, in his corporate Capacity, and his Successors: Provided always, that no such Purchase be made, and that no Agreement other than the Agreements confirmed by this Act for any such Purchase be binding, unless the said Agreement, accompanied by a Minute from the Commissioners of Her Majesty’s Treasury, in which the Grounds of the Agreement shall be set forth, shall have lain for One Month on the Table of both Houses of Parliament without disapproval.
Sale

5Power to Telegraph Companies to sell their Undertakings to the Postmaster General.
Any Company, with the Authority of Two Thirds of the Votes of their Shareholders present in person or by proxy at a General Meeting of the Company specially convened for the Purpose, may sell all or any Portion of their Undertaking to the Postmaster General for such Sum of Money as may be mutually agreed upon between the Postmaster General and the Company; and the Execution by any Company under their Common Seal of a Conveyance to the Postmaster General, duly stamped, of their Undertaking, shall be sufficient to vest the same in the Postmaster General for all the Estate, Right, Title, and Interest of the Company therein, with all incidental Rights, Privileges, and Easements, and the same may be used, exercised, and enjoyed by the Postmaster General in the same Manner and to the same Extent as the same respectively are, or if this Act had not been passed might be held, used, exercised, and enjoyed by any Company, and the Receipt of Two of the Directors of any Company for the Purchase Money, endorsed upon the Deed of Conveyance, shall be a sufficient Discharge for the same to the Postmaster General, who shall not be bound to see to the Distribution thereof.

6Acts, &c. of Companies selling their Undertakings to remain in force, and the Powers thereof to be exercised by the Postmaster General.
All Acts, Charters, and Grants, and all valid Deeds and Agreements made to, from, by, or with any Company whose Undertaking shall be sold and conveyed to the Postmaster General under the Powers of this Act shall (except as far as they are by this Act expressed to be varied or repealed, or are inconsistent with the Provisions of this Act) remain in full Force, and all Matters to be done, continued, or completed, or which, but for the passing of this Act, would, might, or could be done, continued, or completed by or against the Company so selling their Undertaking, their Officers or Servants, shall or may (as the Case requires) be done, continued, or completed by or against the Postmaster General, his Officers and Servants, and those Acts, Charters, Grants, Deeds, and Agreements shall be construed as if the Postmaster General had been named therein instead of the Company so selling their Undertaking; and it shall be lawful for any Person to enforce any such Act, Charter, Grant, Deed, or Agreement by Action, Suit, or other legal Proceeding against the Postmaster General in the same Court, and in the same Manner, and with the same Rights and Liabilities to pay Costs and otherwise, as if this Act had not been passed.

7Companies may require Postmaster General to purchase their Undertaking under certain Circumstances.
If the Postmaster General shall acquire any One Undertaking under the Powers of this Act he shall, upon the Request, in Writing, of any Company possessing an Undertaking established by Special Act of Parliament or Royal Charter at the Time of the passing of this Act, purchase the Undertaking of such Company, upon Terms to be settled (failing Agreement) by Arbitration, provided such Request be made within Twelve Calendar Months after the Postmaster General shall have so acquired any One Undertaking; and any Railway Company possessed of a Telegraph open to the Use of the Public on the First of January One thousand eight hundred and sixty-eight for transmitting Messages for Money, or possessing any beneficial Interest in such Telegraph, shall be included in this Provision, and any such Railway Company shall be entitled upon a like Request, in Writing, to require the Postmaster General to purchase the Right of such Railway Company to transmit such Messages or other beneficial Interest.Provided always, that nothing in this Act shall enable the Postmaster General to purchase the Undertakings of the Atlantic Telegraph Company or of the Anglo-American Telegraph Company (Limited), or any Part of such Undertakings.

8Provision as to Purchase of certain Undertakings herein named.
With respect to the Purchase of the Undertakings of the Electric and International Telegraph Company, the British and Irish Magnetic Telegraph Company, and the United Kingdom Electric Telegraph Company (Limited), be it enacted as follows :
(1)Each of the Three Companies may, with the Authority of Two Thirds of the Votes of its Shareholders, present in person or by proxy at a General Meeting of the Company specially convened for the Purpose, sell and convey, and the Postmaster General shall upon demand of the Company under its Common Seal purchase, the whole Undertaking of the said Company :
(2)The Price to be paid by the Postmaster General to each Company for its Undertaking shall be Twenty Years Purchase of the net Profits during the Year ending on the Thirtieth day of June One thousand eight hundred and sixty-eight from the Undertaking so conveyed , and in the Case of the United Kingdom Company there shall be paid in addition to the Amount aforesaid—
First, the Price paid by the Company for the Patent of ” Hughes’s Type-printing’ Telegraph,” such Price not to exceed Twelve thousand pounds ;
Secondly, a Sum equal to the estimated aggregate Value of the quoted Ordinary Share Capital of the Company reckoned on the highest Quotation shown in the Official Lists of the London Stock Exchange on any Day between the First and the Twenty-fifth Days of June One thousand eight hundred and sixty-eight; and
Thirdly, Compensation for the Loss of the prospective Profits of the Company on the Ordinary Shares, and any Sum that may be determined upon in consideration of the Efforts made by the Company to establish an uniform Shilling Rate for the Conveyance of Telegraphic Messages :
(3)If any Difference arises between the Postmaster General and any of the said Companies concerning the Amount of such net Profits as aforesaid, or in the Case of the United Kingdom Company as to the Price paid for ” Hughes’s Type-printing Telegraph,” or as to the estimated aggregate value of the Share Capital or the Compensation for the Loss of prospective Profits, or the Sum to be paid in consideration of the Efforts of the Company to establish an uniform Shilling Rate, every such Difference shall be settled by Arbitration in the Manner prescribed by ” The Companies Clauses Consolidation Act, 1845,” with respect to the Settlement of Disputes by Arbitration, and the Provisions of that Act with respect to Arbitration shall be deemed to be incorporated with this Act:
(4)The Purchase Money and Compensation to be paid by the Postmaster General under the Provisions aforesaid shall be paid to the Directors of each Company, and the Receipt under the Common Seal of the Company, countersigned by the Chairman or Deputy Chairman and by the Secretary thereof, shall be a sufficient Discharge to the Postmaster General for the Amount therein specified to be received; and the Postmaster General shall not be required to see to the Application of the Sums so paid or be responsible for Misapplication thereof :
(5)The Amounts so received by the Directors of each Company shall, together with all undivided Profits and any Monies in the Hands of or due to the Company up to the Date of Transfer, be applied by them in the first place in discharge of all the Debts of the same Company, and in Payment of any Sums that may be voted by the Shareholders for Payment for or in recognition of Special Services rendered to the Company, and after such Discharge the Residue shall be distributed among the Shareholders of that Company in such Proportion and in such Manner in all respects as the Arbitrator herein-after named shall award and determine after due Consideration of the Circumstances under which each Class of Shares was created, and after hearing such of the Parties interested as shall upon Notice of the Appointment for that Purpose advertised for Two successive Days in the Times Newspaper published at London at least Ten Days before the Day of such Hearing appear and desire to be heard. The Arbitrator before referred to shall be the Most Honourable Robert Arthur Talbot Marquis of Salisbury, or him failing, John Hawkshaw Esquire, or him failing, a single Arbitrator to be appointed by the Board of Trade at the Bequest of the Directors of each Company in Writing under its Common Seal; the Award of such Arbitrator shall be final and absolute, and the Directors shall distribute among the Shareholders the Residue of the said Purchase Money and Compensation in strict and absolute Conformity with such Award; and all the Costs, Charges, and Expenses of and incident to any and every such Arbitration shall be paid by the Company requiring the same:
(6)In the Case of the United Kingdom Company, with regard to their Six per Cent. Debenture Debt, the Arbitrator shall before Distribution of the Residue among the Shareholders consider and determine whether the Holders of such Stock ought or not to receive any and what Amount beyond the naked Debt and Interest in respect of the Conditions attaching to such Stock, and he shall award accordingly:
(7)Every Officer and Clerk of any Company, the Undertaking of which may be so purchased, who has been not less than Five Years in the Service of Telegraph Companies, and in the receipt of a yearly Salary, or who has been not less than Seven Years in the Service of Telegraph Companies, and is in receipt of remuneration at a Bate of not less than fifty Pounds a Year, shall, if he receives no Offer of an Appointment by the Postmaster General, in the Telegraphic Department, which shall be deemed by an Arbitrator appointed by Agreement, or, failing Agreement, appointed by the Recorder of London for the Time being, to be of equal Value to the Appointment held by him under any Company, receive during his Life from the Postmaster General, by way of Compensation for the Loss of his Office, from the Time at which the Government takes possession of the Company’s Telegraph, an Annuity, payable half-yearly, equal, if he shall have been in the Service of Telegraph Companies Twenty Years, to Two Thirds of the annual Emolument derived by him from his Office on the Twenty-fourth Day of June One thousand eight hundred and sixty-eight, and with respect to any such Person who has been in such Service less than Twenty Years the said Annuity shall be diminished at the Bate of One Twentieth for every Year less than Twenty Years during which he has been in such Service; such Officers and Clerks as enter into the Service of the Postmaster General shall be entitled to count their past Years of continuous Service with the Telegraph Companies as Years passed in the Civil Service of the Crown, and all such Officers and Clerks upon their Appointment be deemed to be, to all Intents and Purposes, Officers and Clerks in the permanent Civil Service of the Crown, and shall be entitled to the same but no other Privileges.

9Postmaster General to enter into Contracts with certain Railway Companies.
Whereas the Railway Companies in the United Kingdom are for the most part either themselves Owners of Telegraphs which are used for the Conveyance of public Messages, and which are also essential for the safe Conduct of the Traffic on their respective Undertakings, or they have Contracts for various Terms of Years with Telegraph Companies, whose Telegraphic Apparatus is placed in the Stations and along the Railways and Canals of the Railway Companies, by which Contracts Provision is made with respect to the Matters aforesaid : And whereas with certain Railway Companies Agreements have been entered into by the Postmaster General (subject to the Approbation of Parliament), which Agreements are referred to in Schedules to this Act, and it is expedient that with respect to certain other Railway Companies, namely, the London and North-western, the Midland, the Lancashire and Yorkshire, the Great Northern, the Manchester, Sheffield, and Lincolnshire, the North Staffordshire, the Great Eastern, the London, Brighton, and South Coast, the Metropolitan, the Metropolitan District, the Metropolitan and St. John’s Wood, the Highland, the Sutherland, the Leven and East of Fife, the Glasgow and South-western, and the Great North of Scotland, the Provisions herein-after contained be made as to the Undertakings belonging separately to the said Companies or held by them jointly with any other Company, or held by them respectively on Lease : Be it therefore enacted as follows :—
(1)The Postmaster General shall give to each Railway Company Three Months Notice before he acquires the Undertakings of any of the Telegraph Companies with which the Railway Company has Agreements ; and on the Expiration of such Notice such Agreements shall cease and determine :
(2)On such Acquisition as aforesaid all the Posts, Wires, Instruments, and other Telegraphic Apparatus belonging to the Railway Company, and also all Posts, Wires, Instruments, and other Telegraphic Apparatus belonging to the Telegraph Companies on the Railway Company’s Lines and Canals which are necessary for establishing a complete System of Telegraphy in connexion with the working of Trains and the Traffic of the Lines and Canals, shall become the absolute Property of the Railway Company, and shall be handed over to them by the Postmaster General free of Charge in efficient working Order, so that the Railway Company may be in a Position at once to take up and carry on their own Telegraph Work on their own System, and thereafter the said Posts, Wires, Instruments, and other Telegraphic Apparatus shall be maintained and worked by the Railway Company :
(3)On such Acquisition as aforesaid the Postmaster General shall be entitled to use from Telegraph Stations not on the Lines of Railway all the Wires belonging to the respective Telegraph Companies on the Line, and employed exclusively in the Transmission of the public Telegraph Business, which are erected on the Poles to be handed over to the Railway Company under Paragraph (2); and he, at his Cost, shall also be entitled to call upon the Railway Company to erect and maintain additional Wires on the said Poles, provided they are sufficiently strong and high for the Purpose; and also to erect new Poles at Places to be agreed upon with Wires over any of the Lines and Canals of the Company, but so that such new Poles shall not interfere in any way with the Convenience or working of the Railway or Canals of the Company, or obstruct the working of the Traffic thereon. The Railway Company shall maintain all the Posts and Wires used for public Messages, the Postmaster General paying for the same as may be agreed or settled by Arbitration :
(4)The Postmaster General may require the Railway Company to affix Wires to existing Posts (if they can bear them), and the Company may have a like Power to affix Wires to the Posts belonging from Time to Time to the Postmaster General, if sufficient for the Purpose, and the Cost of Maintenance of such Posts shall be divided between the Postmaster General and the Company, in Proportion to the Number of Wires belonging to each on each Post:
(5)The Railway Company may shift the Poles, Wires, and Apparatus belonging to the Postmaster General when necessary for the Purposes of their Works or Traffic; but in all such Cases the Postmaster General shall pay to the Railway Company the actual Costs incurred in shifting such Poles and Apparatus, but if such Poles support the Wires of the Railway Company and of the Postmaster General, the Cost of shifting the same shall be apportioned according to the Number of Wires belonging to or respectively used by the Railway Company and the Postmaster General.
(6)The Postmaster General shall pay the Railway Company the following Sums by way of Compensation :
a.
Twenty Years Purchase of the Amount of the net annual Receipts (if any) of public Telegraph Messages received and forwarded by the Railway Company on their own Account, reckoned on the Basis of the Receipts derived therefrom over a continuous Period of Twelve Months prior to the Thirtieth “Day of June One thousand eight hundred and sixty-eight :

b.
Twenty Times the Amount of the estimated annual Increase, calculated upon the average Increase of the preceding Three Years of the said Receipts from Telegraphic Messages, or where the Business has been commenced within Three Years calculated upon the Increase during such shorter Period, such annual Amount in case of Difference to be settled by Arbitration:

c.
All Rents and annual or other Payments payable to the Railway Company by public Telegraph Companies during the still unexpired Periods embraced in their respective Agreements, and at the Terms, mentioned in said Agreements respectively :

d.
Such Sums as shall be agreed upon, or in default of Agreement as shall be settled by Arbitration, in respect of the Loss by the Railway Company of the Privilege of granting other Wayleaves and making-future Arrangements with Telegraph or other Companies, and in respect of granting a Monopoly to the Postmaster General for the Conveyance of Telegraphs over their railways as herein provided for:

e.
Such Sums as shall be agreed upon, or in default of Agreement as shall be settled by Arbitration, as the Value of the Railway Company’s reversionary Interest (if any) in the Telegraph Receipts from public Messages on the Expiration of the Agreements with the respective Telegraph Companies :

f.
Such Sums as shall be agreed upon, or in default of Agreement as shall be settled by Arbitration, for the Loss occasioned by Removal of any Clerks now provided by the Telegraph Company, and for any extra Cost which the Railway Company may incur in working their Telegraph for Railway Purposes as a separate System :

g.
The Postmaster General shall transmit to their respective Destinations all Messages of the Railway Company in any way relating to the Business of the Company to and from any ” Foreign Stations ” in the United Kingdom free of Charge :

h.
On such Acquisition as aforesaid the Postmaster General shall, as herein provided, have a perpetual Right of Way for his Poles and Wires over the whole of the Railway Company’s System, and in consideration thereof he shall pay to the Railway Company such Sum per Mile per Wire over the whole of the said System, by way of yearly Rent, as shall be determined by Agreement between the Parties, or failing Agreement, as shall be fixed by Arbitration :

The Arbitrator, in determining the Amounts to be paid to the Railway Company under this Act, shall have regard to the Agreements which subsist between the Railway Company and any Telegraph Company, and also to a compulsory Sale being required from the Railway Company; and in estimating the Amount to be paid under any One Part of this Section shall have regard to the Advantages to be obtained and the Disadvantages to be sustained by the Railway Company under any other Part of this Section :

(7)The Railway Company shall, if required by the Postmaster General so to do, from Time to Time, at such Times and under such Regulations as shall be agreed upon, receive Messages for Transmission by the public or private Telegraph Wires (but if the latter, the Railway Messages to have Priority), and shall at the Postmaster General’s sole Risk and Expense transmit the same either to their Place of Destination, if upon the Company’s Lines, or to some convenient Post Office as shall be arranged, and in respect of such Receipt and Transmission the Company shall act as Agents of the Postmaster General, and shall receive in respect thereof such Remuneration as shall be agreed upon, or in case of Difference as shall be from Time to Time settled by Arbitration. The Postmaster General to provide the necessary Instruments at the Railway Company’s Stations for the public Wires, such Instruments to be maintained by the Railway Company at the Expense of the Postmaster General:

(8)The Railway Company may, notwithstanding anything in this Act contained, and without Payment to the Postmaster General, from Time to Time make Arrangements with Coalmasters, Ironmasters, and Traders generally upon the Company’s System for the Erection and working of private Telegraphs between Coalpits, Ironworks, Factories, Warehouses, and Offices in connexion with the Stations of the Company, or over their Line; but such Telegraphs shall be used for the Transaction of private Business only, and no Money Payment – shall be made or received in respect thereof except by way of annual Bent or Payment for Wayleave and other Accommodation :

(9)Except as aforesaid, the Railway Company shall not transmit or permit the Transmission of any Telegraphic Message through their Wires :

(10)All Matters of Difference between the Postmaster General and Railway Companies arising under this Act shall be settled by Arbitration, in conformity with the Enactments of ” The Railway Companies Arbitration Act, 1859,” with respect to the Settlement of Disputes by Arbitration: and the Provisions of that Act with respect to Arbitration shall for these Purposes be incorporated with this Act:

(11)Notwithstanding anything specified in this Act or in any Agreement by this Act confirmed, the Umpire to be appointed in any Arbitration between the Postmaster General and any Railway Company shall, in default of Appointment by the Arbitrators, be nominated by the Chief Justice of Her Majesty’s Court of Common Pleas at Westminster for the Time being.

10Application of Sums received by Reuter’s Telegraph Company by virtue of Agreement with Postmaster General.
The Sums to he received by the Directors of Reuter’s Telegram Company (Limited) by virtue of the Agreement between the Postmaster General and the Company shall be applied in the first instance in the Payment of the Debts and Liabilities of the Company (if any) other than their current Debts, then in Payment of any Sums which may be voted by a General Meeting of the Shareholders in recognition of the Services conferred upon the Company by any Individuals attached thereto, or which may with the Authority of a General Meeting be deducted and retained for the Purposes of the general Business of the Company, and the Residue shall be distributed by the Directors among the Shareholders according to their several Interests in the Company.

Canal Companies
11Postmaster General may acquire a Right of Way over the Bridgewater Canal.
On such Acquisition of any Undertaking the existing Agreements between the late Duke of Bridgewater’s Trustees, the late George Granville Francis Egerton late Earl of Ellesmere, and the United Kingdom Telegraph Company (Limited), shall determine, and the Postmaster General shall have such Right of Way for his Poles, Wires, and Telegraphic Apparatus over the whole of the Canal System, and the Property of the said Trustees, in perpetuity as is granted for a Term or Terms of Years by the Provisions of such Agreements, and in consideration thereof he shall pay to the said Trustees such Sum by way of yearly Rent as shall be determined by Agreement, or failing Agreement as shall be fixed by Arbitration as in this Act is provided; and the Arbitrator in determining the Amount to be paid to the said Trustees during the Period of such existing Agreements shall have regard to the said Agreements and to a compulsory Sale of such Right of Way; and the said Trustees shall, as in the said Agreements or either of them mentioned, continue to have in perpetuity the exclusive Use of such isolated and additional and other Telegraphic Wires and Connexions as provided in the said Agreements, or some or One of them; and the Postmaster General shall also transmit to their respective Destinations all Messages, of the said Trustees and the Earl of Ellesmere respectively, and their respective Agents and Clerks, bond fide relating to the Business of the said Trust or Undertaking, between any Places in the United Kingdom free of Charge.

12Postmaster General may acquire a Right of Way over the Grand Junction Canal.
On such Acquisition as aforesaid the existing Agreements between the Company of Proprietors of the Grand Junction Canal and the United Kingdom Telegraph Company (Limited) shall determine, and the Postmaster General shall have a perpetual Right of Way for his Poles, Wires, and Telegraphic Apparatus over the whole of the Canal Company’s System of Navigation as it now exists, or may hereafter be altered or converted, but so that such Poles, Wires, and Apparatus shall not interfere in any way with the Convenience and working of the Canal or its Alteration from Time to Time, or Conversion in whole or in part into a Railway, or obstruct the working of the Traffic thereon, and in consideration thereof he shall pay to the Canal Company such Sum by way of yearly Rent as shall be determined by Agreement, or failing Agreement as shall be fixed by Arbitration in the Manner in this Act provided with respect to Arbitrations with Railway Companies (for which Purpose the Canal Company shall be held to be a Railway Company); and the Arbitrator in determining the Amount to be paid to the Canal Company shall have regard to the Agreements which subsist between the Canal Company and the said Telegraph Company and also to a compulsory Sale being required of such Right of Way ; and the Postmaster General shall also transmit to their respective Destinations all Messages of the said Canal Company bonâ fide relating to the Business of that Company between any Places in the United Kingdom free of Charge.

13Agreements confirmed.
Subject to the Provisions of this Act, the several Agreements referred to in the Schedule to this Act are hereby confirmed.

14Power to Postmaster General to lease Property.
It shall be lawful for Her Majesty’s Postmaster General with the Consent of the Lords Commissioners of Her Majesty’s Treasury, from Time to Time to lease any Part or Parts of the Undertaking or Property purchased or acquired by him under the Powers of this Act.

15Postmaster General to make Regulations for Conduct of Business, and to fix Charges.
The Postmaster General, with the Consent of the Commissioners of Her Majesty’s Treasury, may from Time to Time make Regulations for determining the Hours during which the Offices appointed by him to be Places for the Receipt and Despatch of Messages shall be open for the Transaction of Telegraphic Business, and for fixing the Sums to be from Time to Time paid for the Transmission of Messages, and for Services rendered in connexion therewith, and for the general Conduct of Telegraphic Business: Provided always,
(1)That the Charges for the Transmission of Messages throughout the United Kingdom shall uniformly and without regard to Distance be at a Bate not exceeding One Shilling for the first Twenty Words of each Message, or Part of Twenty Words, and not exceeding Threepence for each additional Five Words or Part of Five Words:
(2)That the Names and Addresses of the Senders and Receivers of Messages shall not be counted as Part of the Words for which Payment shall be required:
(3)That the Sums charged for the Transmission of Messages shall be held to cover the Cost of Delivery by special Foot Messenger, within the Limit of One Mile of the Terminal Telegraphic Office, or within the Limit of the Town Postal Delivery of that Office, when it is a Head Post Office, and the Town Postal Delivery extends for more than a Mile from it:
(4)That when the Addressee does not reside within the above-described Limits, and the Sender desires to have his Message delivered by Special Foot Messenger, the Charge to him for Porterage by such Special Messenger shall not exceed Sixpence per double Mile, or any Part thereof, beyond such Limits:
(5)That when the Addressee does not reside within the above-described Limits, and the Sender does not desire to incur the Cost of special Delivery, his Message shall be delivered free of extra Charge by the ordinary Postal Delivery next following on the Arrival of his Message at the Terminal Telegraphic Office.

16Power to Postmaster General to enter into special Agreements with Proprietors of Newspapers.
Notwithstanding anything in this Act, it shall be lawful for the Postmaster General, with the Consent of the Commissioners of Her Majesty’s Treasury, from Time to Time to make Contracts, Agreements, and Arrangements with the Proprietor or Publisher of any public registered Newspaper, or the Proprietor or Occupier of any News Room, Club, or Exchange Room, for the Transmission and Delivery, or the Transmission or Delivery of Telegraphic Communications at Rates not exceeding One Shilling for every Hundred Words transmitted between the Hours of Six p.m. and Nine a.m., and at Rates not exceeding One Shilling for every Seventy-five Words transmitted between the Hours of Nine a.m. and Six p.m. to a single Address, with an additional Charge of Twopence for every Hundred Words, or Twopence for every Seventy-five Words, as the Case may be, of the same Telegraphic Communication so transmitted to every additional Address: Provided always, that the Postmaster General may from Time to Time, with the like Consent, let to any such Proprietor, Publisher, or Occupier the special Use of a Wire (during such Period of Twelve Hours per Diem as may be agreed on) for the Purposes of such Newspaper, News Room, Club, or Exchange Room, at a rate not exceeding Five hundred Pounds per Annum : Provided also, that no such Proprietor, Publisher, or Occupier shall have any undue Priority or Preference in respect of such Rates over any other such Proprietor, Publisher, or Occupier.

17Messages having Priority to be specially marked.
Every Telegraph Message which, by virtue of the Provisions of ” The Telegraph Act, 1863,” or any other Act, shall have Priority in order of Transmission over any other Message intrusted to the Postmaster General for Transmission, shall have the Word ” Priority ” specially stamped or marked thereon by the Secretary of State, the Board of Trade, or other Department of Her Majesty’s Government sending the same; and every Message so stamped or marked shall be retained by the Postmaster General for a Period of not less than Twelve Calendar Months from the Date thereof.

18Payments to be made by means of Stamps.
The Payments to the Postmaster General for the Transmission .of Telegraphic Messages from one Place to another within the United Kingdom shall (except for Porterage) be made in all Cases by means of Stamps, and the Postmaster General shall cause a proper Supply of Stamps and stamped Paper to be prepared for that Purpose, and kept for Sale to the Public at such of the Offices under his Control as he may think fit to appoint for that Purpose.

19Power to appoint Offices for depositing Messages.
Besides appointing Offices to be Places for the Transmission of Messages by means of the Electric Telegraph, the Postmaster General may, if he think fit, appoint Offices or Pillar Letter Boxes to be Places of Deposit for Messages, and the Messages deposited therein shall, provided they be written on stamped Paper of the proper Value, or on Paper having Stamps of the proper Value affixed thereto, be conveyed to the Offices of Transmission without extra Charge, at such Times as the ordinary Collections of Post Letters are made from the aforesaid Places of Deposit, and shall forthwith be despatched by Telegraph from the Offices of Transmission.

20Punishment for disclosing or intercepting Messages.
Any Person having official Duties connected with the Post Office, or acting on behalf of the Postmaster General, who shall, contrary to his Duty, disclose or in any way make known or intercept the Contents or any Part of the Contents of any Telegraphic Messages or any Messages intrusted to the Postmaster General for the Purpose of Transmission, shall, in England and in Ireland, be guilty of a Misdemeanor, and in Scotland of a Crime and Offence, and shall upon Conviction be subject to Imprisonment for a Term not exceeding Twelve Calendar Months; and the Postmaster General shall make Regulations to carry out the Intentions of this Section; and to prevent the improper Use by any Person in his Employment or acting on his Behalf of any Knowledge he may acquire of the Contents of any Telegraphic Message.

21Property in Telegraphic Messages to be laid in Postmaster General.
In every Case where an Offence shall be committed in respect of a Telegraphic Message sent by or intrusted to the Postmaster General, it shall be lawful and sufficient, in the Indictment or Criminal Letters to be preferred against the Offender, to lay the Property of such Telegraphic Message in Her Majesty’s Postmaster General, without specifying any further or other Name, Addition, or Description whatsoever, and it shall not be necessary in the Indictment or Criminal Letters to allege or to prove upon the Trial or otherwise that the Telegraphic Message was of any Value; and in any Indictment or in any Criminal Letters to be preferred against any Person employed under the Post Office for any Offence committed under this Act it shall be lawful and sufficient to state and allege that such Offender was employed under the Post Office at the Time of the committing of such Offence, without stating further the Nature or Particulars of his Employment.

22Postmaster General to pay Rates.
All Land, Property, and Undertakings purchased or acquired by the Postmaster General under this Act shall be assessable and rateable in respect to Local, Municipal, and Parochial Rates, Assessments, and Charges at Sums not exceeding the rateable Value at which such Land, Property, and Undertakings were properly assessed or assessable at the Time of such Purchase or Acquisition.

23Copies of Regulations to be laid before Parliament.
Copies of all Contracts, Agreements, and Arrangements from Time to Time made under the Authority of this Act shall Be laid before both Houses of Parliament within Fourteen Days of the Commencement of the Session next succeeding the making of every such Contract, Agreement, and Arrangement; and Copies of all Regulations from Time to Time made under the Authority of this Act shall be laid before both Houses of Parliament within Fourteen Days from the Date thereof if Parliament be then sitting, and if not sitting then within Fourteen Days from the next re-assembling of Parliament, and all Regulations so made shall be binding on the Parties interested in the Subject Matter thereof to the same Extent as if such Regulations formed Part of this Act.

24Provision as to Payment of Costs to Railway and Telegraph Companies if Objects of Act not carried out.
In case no Act shall be passed during this or the next Session of Parliament, putting at the Disposal of the Postmaster General such Monies as shall be requisite for carrying into effect the Objects and Purposes of this Act, the Provisions contained in this Act or in the Agreements hereby confirmed relating to the Arrangements with Railway and Telegraph Companies, and all Proceedings thereunder, shall become void, and the Postmaster General shall thereupon pay to the several Companies mentioned in such Clauses or Agreements all reasonable Costs and Expenses (if any) properly incurred by them respectively in relation to any Proceedings taken under this Act.

SCHEDULE to which the foregoing Act refers
1An Agreement between Her Majesty’s Postmaster General and the Great Western Railway Company, dated the 9th Day of July 1868.

2An Agreement between Her Majesty’s Postmaster General and the London and South-western Railway Company, dated the 10th Day of July 1868.

3An Agreement between Her Majesty’s Postmaster General and the London, Chatham, and Dover Railway Company, dated the 9th Day of July 1868.

4An Agreement between Her Majesty’s Postmaster General and the South-eastern Railway Company, dated the 14th Day of July 1868.

5An Agreement between Her Majesty’s Postmaster General and the North-eastern Railway Company, dated the 8th Day of July 1868.

6An Agreement between Her Majesty’s Postmaster General and the Bristol and Exeter Railway Company, dated the 9th Day of July 1868.

7An Agreement between Her Majesty’s Postmaster General and the Submarine Telegraph Company between Great Britain and the Continent of Europe and the Submarine Telegraph Company between France and England (Societe and Carmichael and Company), dated the 11th Day of July 1868.

8An Agreement between Her Majesty’s Postmaster General and Reuter’s Telegram Company (Limited), dated the 14th Day of July 1868.

9Agreement between Her Majesty’s Postmaster General and the Atlantic Telegraph Company and Anglo-American Telegraph Company (Limited), dated the 8th Day of July 1868.

10An Agreement between Her Majesty’s Postmaster General and the North British Railway Company, dated the 16th Day of July 1868.

11An Agreement between Her Majesty’s Postmaster General and the Caledonian Railway Company, dated the 16th Day of July 1868.

12Articles of Agreement between Her Majesty’s Postmaster General and the Universal Private Telegraph Company (Limited), dated the 14th Day of July 1868.

13Heads of Agreement between Her Majesty’s Postmaster General and the London and Provincial Telegraph Company (Limited), dated the 16th Day of July 1868.

Telegraph Act 1899

1899 CHAPTER 38
An Act to make further Provision for the Improvement of telephonic Communication, and otherwise with respect to Telegraphs.

[9th August 1899]

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 :

1Grant of two million pounds for the purpose of the Telegraph Acts.
The Treasury may, without prejudice to the exercise of any powers previously given for the like purpose, issue out of the Consolidated Fund or the growing produce thereof such sums not exceeding in the whole the sum of two million pounds, as may be required by the Postmaster General for the purpose of the Telegraph Acts, 1863 to 1897, according to estimates approved by the Treasury, and sub-sections two and three of section one of the [55 & 56 Vict. c. 59.] Telegraph Act, 1892 (which relate to the mode in which money may be raised), shall apply with respect to the sum so authorised to be issued.

2Payment of expenses of exercise of powers under telephone licence.
(1)Where the council of a borough or an urban district are licensed by the Postmaster General to provide a system of public telephonic communication, they may defray the expenses of exercising the powers conferred by the licence in the case of a borough out of the borough fund or borough rate, and in the case of an urban district not a borough out of the rate out of which the general expenses of the council in the execution of the Public Health Acts are defrayed, and may borrow money for the purpose in accordance with the Public Health Acts, but in the case of a borough any money so borrowed shall be borrowed on the security of the borough fund or borough rate; and the council may, subject to the provisions of the Telegraph Acts, 1863 to 1897, and of the licence, exercise their powers under the licence throughout the area for which it is granted, although part of that area may be outside the borough or urban district.
(2)In the application of this Act to Scotland, a royal or parliamentary burgh shall be substituted for a borough, and a police burgh for an urban district, and the town council or commissioners thereof, as the case may be, for the council of a borough or urban district, and for the borough fund or borough rate, or the rate oat of which the general expenses of an urban district council in the execution of the Public Health Acts are defrayed, there shall be substituted the police or the burgh general assessment, or, where there is no assessment so named, an assessment under any head of the burgh assessments or city rate under any local Act payable by occupiers only; and the town council or commissioners, as the case may be, may, with the consent of the Secretary for Scotland, borrow for the purposes of this Act on the security of that assessment or rate, but subject to the conditions for the repayment of loans prescribed by the [60 & 61 Vict. c. 38.] Public Health (Scotland) Act, 1897.
(3)In Ireland expenses incurred for the purpose of this section may be defrayed as expenses incurred in the execution of the Public Health (Ireland) Acts, 1878 to 1896, for sanitary purposes, and money may be borrowed accordingly.
3Provisions as to existing companies.
(1)Where an existing company have before the passing of this Act, under a licence from the Postmaster General, provided a system of public telephonic communication in any exchange area, and it is proposed to grant a new licence to a local authority or to another company to provide public telephonic communication in the same exchange area, or any part thereof, then, if the existing company consent to it being made a condition of their licence—
(a)that they will not give favour or preference to any person whomsoever within the area specified in the new licence, and will not, within that area, as a condition of giving a service, require from any person the grant of any facility except for the purpose of supplying telephonic communication to that person; and
(b)that their charges shall not, within the area specified in the new licence, exceed the maximum rates or fall below the minimum rates authorised in that behalf by the Postmaster-General within that area,it shall be a condition of the grant of the new licence, that where it is proved to the satisfaction of the Postmaster General that the existing company have incurred or contracted to incur, in the area specified in the new licence, material expenditure in laying down underground wires, and have by agreement with any local authority within that area acquired powers for that purpose, those powers shall continue for the period specified in the new licence for the duration thereof, but, subject as aforesaid, on the terms and conditions specified in the agreement (including any provisions thereof for determination on breach of covenant), except so far as they may be varied by any subsequent agreement with the local authority.
(2)Where an existing company is at the passing of this Act under a licence from the Postmaster General supplying public telephonic communication in any exchange area, a licence to provide a system of public telephonic communication within the same area, or any part thereof, shall not be granted by the Postmaster General to any person or body other than the council of a borough or urban district, unless it is shown to the satisfaction of the Postmaster General that the application for the licence is approved by the council of each borough or urban district within which it is proposed by the application to establish a telephonic exchange.
(3)An existing company shall not, without the consent of the Postmaster General given after the passing of this Act in each case, open an exchange in any exchange area in which they had not, before the passing of this Act, established an effective exchange.
(4)Where a local authority or a new company, under a licence from the Postmaster General, provides a system of public telephonic communication in the whole or any part of an exchange area in competition with an existing company licensed by the Postmaster General before the passing of this Act, then, if the existing company consent to it being made a condition of their licence—
(a)that they will not give favour or preference to any person whomsoever within the whole of the exchange area in question, and will not, within that exchange area as a condition of giving a service, require from any person the grant of any facility except for the purpose of supplying telephonic communication to that person ; and
(b)that their charges shall not within the whole of the exchange area in question exceed the maximum rates and (where the company are empowered by agreement with the local authority to lay underground wires) shall not fall below the minimum rates authorised in that behalf by the Postmaster General within the area specified in the new licence,the licence of the existing company shall within the whole of the exchange area in question be extended and continue for the period specified in the new licence of the local authority or new company for the duration of such new licence, but, except as varied by this Act, the provisions of the licence of the existing company (including any provisions thereof for determination on breach of covenant) shall remain in force.
(5)If the licence of an existing company is, under the provisions of this section, extended in respect of any exchange area for a period of not less than eight years beyond the term existing at the passing of this Act, the company shall, at the request of any other licensee of the Postmaster General providing public telephonic communication in the whole or any part of that exchange area, and under such circumstances and on such terms and conditions as may, within six months from the passing of this Act, be prescribed by an order of the Postmaster General, made with the approval of the Treasury, afford all proper facilities for the transmission of telephonic messages between persons using the system of the company (either in the whole or in part of the exchange area, as the Postmaster General may prescribe) and persons using the system of such other licensee, provided that the licensee so requiring inter-communication shall in any such case afford similar facilities.
(6)For the purposes of this section the expression “exchange area ” means an exchange area as defined by any agreement made by an existing Company with the Postmaster General before the passing of this Act.
4Short title.
This Act may be cited as the Telegraph Act, 1899, and may be cited with the Telegraph Acts, 1863 to 1897.

TELEPHONE CAPITAL ACT, 1927.

AN ACT TO GRANT FURTHER MONEY FOR THE DEVELOPMENT OF THE TELEPHONIC SYSTEM OF SAORSTÁT EIREANN AND FOR OTHER PURPOSES CONNECTED THEREWITH. [19th March, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Further grant for development of telephonic system.

1.—In addition to the moneys authorised by the Telephone Capital Act, 1924 (No. 33 of 1924) the Minister for Finance may issue out of the Central Fund or the growing produce thereof such sums not exceeding in the whole the sum of five hundred thousand pounds as have been or may be required by the Minister for Posts and Telegraphs for the purpose of developing the telephonic system of Saorstát Eireann according to estimates approved by the Minister for Finance.

Minister for Finance may borrow for purposes of this Act.

2.—(1) For the purpose of providing money for the sums by this Act authorised to be issued out of the Central Fund or of providing money for the repayment to the Central Fund of all or any sums issued thereout under the authority of this Act, the Minister for Finance may borrow by means of terminable annuities extending over a period not exceeding twenty years.

(2) All moneys borrowed under this section shall be paid into the Exchequer.

(3) All terminable annuities created under this section shall be paid out of moneys provided by the Oireachtas and, if those moneys are insufficient, shall be charged on and payable out of the Central Fund or the growing produce thereof.

Preparation and audit of accounts.

3.—(1) Within eight months after the expiration of the financial year ended on the 31st day of March, 1927, and within eight months after the end of every subsequent financial year in which any sum is issued or expended under the authority of the Telephone Capital Act, 1924 (No. 33 of 1924). or of this Act or of any future Act with which this section is incorporated, the Minister for Posts and Telegraphs shall cause an account to be prepared in a form to be prescribed by the Minister for Finance showing the money expended and borrowed and the securities created under the authority of those Acts respectively.

(2) Every account of expenditure prepared pursuant to this section shall be transmitted to the Comptroller and Auditor-General, and shall be audited and reported on by him as an appropriation account in manner directed by the Exchequer and Audit Departments Acts, 1866 and 1921.

Statements and accounts to be laid before the Oireachtas.

4.—(1) On or before the 30th day of November in the year 1927, and every subsequent year the Minister for Posts and Telegraphs shall lay before each House of the Oireachtas—

(a) a statement showing the amount expended during the previous financial year on account of the annual charge in respect of terminable annuities created under the authority of the Telephone Capital Act, 1924 (No. 33 of 1924), or of this Act or of any future Act with which this section is incorporated, and

(b) a statement of account in a form to be prescribed by the Minister for Finance showing the income and expenditure in respect of the telephone service during the previous financial year.

(2) If the Oireachtas shall not be sitting at the expiration of any time within which a statement or account is by this section required to be laid before it, such time shall be extended to the end of one week after the Oireachtas next resumes its sittings.

Short title and citation.

5.—(1) This Act may be cited as the Telephone Capital Act, 1927.

(2) The Telephone Capital Act, 1924 (No. 33 of 1924), and this Act may be cited together as the Telephone Capital Acts, 1924 and 1927.

TELEPHONE CAPITAL ACT, 1951.

AN ACT TO PROVIDE FURTHER MONEYS FOR THE DEVELOPMENT OF THE PUBLIC TELEPHONIC SYSTEM AND FOR OTHER PURPOSES CONNECTED THEREWITH. [17th July, 1951.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Further issue for development of telephonic system.

1.—In addition to the moneys authorised by the Telephone Capital Acts, 1924 to 1946, the Minister for Finance may issue out of the Central Fund or the growing produce thereof such sums not exceeding in the whole the sum of eight million pounds as have been or may be required by the Minister for Posts and Telegraphs for the purpose of developing the public telephonic system according to estimates approved by the Minister for Finance.

Minister for Finance may borrow for the purposes of this Act.

2.—(1) For the purpose of providing money for the sums by this Act authorised to be issued out of the Central Fund or of providing money for the repayment to the Central Fund of all or any sums issued thereout under the authority of this Act, the Minister for Finance may borrow by means of terminable annuities extending over a period not exceeding twenty-five years.

(2) All moneys borrowed under this section shall be paid into the Exchequer.

(3) All terminable annuities created under this section shall be paid out of moneys provided by the Oireachtas and, if those moneys are insufficient, shall, to the extent of the insufficiency, be advanced out of the Central Fund or the growing produce thereof, and every such advance shall be made good to the Central Fund out of moneys provided by the Oireachtas.

Incorporation of sections 3 and 4 of the Telephone Capital Act, 1927.

3.— Sections 3 and 4 of the Telephone Capital Act, 1927 (No. 8 of 1927), are incorporated with this Act.

Short title and citation.

4.—(1) This Act may be cited as the Telephone Capital Act, 1951.

(2) The Telephone Capital Acts, 1924 to 1946, and this Act may be cited together as the Telephone Capital Acts, 1924 to 1951.

TELEPHONE CAPITAL ACT, 1963.

AN ACT TO PROVIDE FURTHER MONEYS FOR THE DEVELOPMENT OF THE PUBLIC TELEPHONIC SYSTEM AND FOR OTHER PURPOSES CONNECTED THEREWITH. [18th December, 1963.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Further issue for development of telephonic system.

1.—In addition to the moneys authorised by the Telephone Capital Acts, 1924 to 1960, the Minister for Finance may issue out of the Central Fund or the growing produce thereof such sums not exceeding in the whole the sum of thirty million pounds as have been or may be required by the Minister for Posts and Telegraphs for the purpose of developing the public telephonic system according to estimates approved by the Minister for Finance.

Minister for Finance may borrow for the purposes of this Act.

2.—(1) For the purposes of providing money for the sums by this Act authorised to be issued out of the Central Fund or of providing money for the repayment to the Central Fund of all or any sums issued thereout under the authority of this Act, the Minister for Finance may create and issue—

(a) terminable annuities extending over such period as, after consultation with the Minister for Posts and Telegraphs, he thinks fit,

(b) any other securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit.

(2) All moneys borrowed under this section shall be paid into the Exchequer.

(3) The principal and interest of any securities issued under paragraph (b) of subsection (1) of this section and the expenses in connection with the issue of such securities shall be charged on the Central Fund or the growing produce thereof.

(4) There shall be made out of moneys provided by the Oireachtas:

(a) payments in respect of terminable annuities created under this section,

(b) repayments to the Central Fund of amounts paid thereout in respect of principal, interest or expenses charged under subsection (3) of this section.

Incorporation of sections 3 and 4 of the Telephone Capital Act, 1927.

3.—(1) Section 3 of the Telephone Capital Act, 1927 , and section 4 of that Act as amended by subsection (2) of this section, are incorporated with this Act.

(2) Section 4 of the Telephone Capital Act, 1927 , is hereby amended by the insertion in paragraph (a) of “or other securities” after “terminable annuities”.

Short title and citation.

4.—(1) This Act may be cited as the Telephone Capital Act, 1963.

(2) The Telephone Capital Acts, 1924 to 1960, and this Act may be cited together as the Telephone Capital Acts, 1924 to 1963.

TELEPHONE CAPITAL ACT, 1977

AN ACT TO PROVIDE FURTHER MONEYS FOR THE DEVELOPMENT OF THE PUBLIC TELEPHONIC SYSTEM AND FOR OTHER PURPOSES CONNECTED THEREWITH. [9th November, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Further issue for development of telephone system.

1.—In addition to the moneys authorised by the Telephone Capital Acts, 1924 to 1973, the Minister for Finance may issue out of the Central Fund or the growing produce thereof such sums not exceeding in the whole the sum of three hundred and fifty million pounds as have been or may be required by the Minister for Posts and Telegraphs for the purposes of developing the public telephone system according to estimates approved by the Minister for Finance.

Minister for Finance may borrow for the purposes of this Act.

2.—(1) For the purposes of providing money for the sums by this Act authorised to be issued out of the Central Fund or of providing money for the repayment to the Central Fund of all or any sums issued thereout under the authority of this Act, the Minister for Finance may borrow sums required and for that purpose may create and issue—

(a) terminable annuities extending over such period as, after consultation with the Minister for Posts and Telegraphs, he thinks fit,

(b) any other securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit.

(2) All moneys borrowed under this section shall be paid into the Exchequer.

(3) The principal and interest of any securities issued under subsection (1) (b) of this section and the expenses in connection with the issue of such securities shall be charged on the Central Fund or the growing produce thereof.

(4) There shall be made out of moneys provided by the Oireachtas:

(a) payments in respect of terminable annuities created under this section,

(b) repayments to the Central Fund of amounts paid thereout in respect of principal, interest or expenses charged under subsection (3) of this section.

Incorporation of sections 3 and 4 of the Telephone Capital Act, 1927.

3.— Section 3 of the Telephone Capital Act, 1927 , and section 4 of that Act as amended by section 3 (2) of the Telephone Capital Act, 1963 , are incorporated with this Act.

Short title and collective citation.

4.—(1) This Act may be cited as the Telephone Capital Act, 1977.

(2) The Telephone Capital Acts, 1924 to 1973, and this Act may be cited together as the Telephone Capital Acts, 1924 to 1977.

Acts Referred to

Telephone Capital Act, 1927

1927, No. 8.

Telephone Capital Act, 1963

1963, No. 31.

TELECOMMUNICATIONS CAPITAL ACT, 1981

AN ACT TO PROVIDE FURTHER MONEYS FOR THE DEVELOPMENT OF THE PUBLIC TELECOMMUNICATIONS SYSTEM AND FOR OTHER PURPOSES CONNECTED THEREWITH. [27th May, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Further issue for development of telecommunications system.

1.—In addition to the moneys authorised by the Telephone Capital Acts, 1924 to 1977, for the purposes of developing the public telephone system, the Minister for Finance may issue out of the Central Fund or the growing produce thereof such sums not exceeding in the whole the sum of three hundred and fifty million pounds as have been or may be required by the Minister for Posts and Telegraphs for the purposes of developing the public telecommunications system according to estimates approved by the Minister for Finance.

Minister for Finance may borrow for the purposes of this Act.

2.—(1) For the purposes of providing money for the sums by this Act authorised to be issued out of the Central Fund or of providing money for the repayment to the Central Fund of all or any sums issued thereout under the authority of this Act, the Minister for Finance may borrow sums required and for that purpose may create and issue—

(a) terminable annuities extending over such period as, after consultation with the Minister for Posts and Telegraphs, he thinks fit,

(b) any other securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit.

(2) All moneys borrowed under this section shall be paid into the Exchequer.

(3) The principal and interest of any securities issued under subsection (1) (b) of this section and the expenses in connection with the issues of such securities shall be charged on the Central Fund or the growing produce thereof.

(4) There shall be made out of moneys provided by the Oireachtas:

(a) payments in respect of terminable annuities created under this section,

(b) repayments to the Central Fund of amounts paid thereout in respect of principal, interest or expenses charged under subsection (3) of this section.

Incorporation of sections 3 and 4 of Telephone Capital Act, 1927.

3.— Section 3 of the Telephone Capital Act, 1927 , and section 4 of that Act as amended by section 3 (2) of the Telephone Capital Act, 1963 , are incorporated with this Act.

Short title and collective citation.

4.—(1) This Act may be cited as the Telecommunications Capital Act, 1981.

(2) The Telephone Capital Acts, 1924 to 1977, and this Act may be cited together as the Telecommunications Capital Acts, 1924 to 1981.