Telegraph Act 1863
| Jurisdiction | UK Non-devolved |
| Citation | 1863 c. 112 |
| Year | 1863 |
(26 & 27 Vict.) C A P. CXII.
[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.
1 Short Title.
1. This Act may be cited as TheTelegraph Act, 1863.
2 Application of this Act to all future Telegraph Companies, and also, subject to certain Exceptions, to all existing Telegraph Companies.
2. This Act shall apply—
(1) (1.) To every Company to be hereafter authorized by Special Act of Parliament to construct and maintain Telegraphs:
(2) (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 further 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.
3. 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 above ground 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, orratione tenuroe , 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, orratione tenuroe , 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 inScotland , and the Steward Depute of the Stewartry in Scotland , in which the Matter submitted to the Cognizance of the Sheriff arises, and includes the Substitutes of such Sheriff Depute and Steward Depute respectively.
4 Recovery of Damages, Costs, Expenses, and Penalties.
4. 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.
5 Provisions as to Notices and Consents.
5. The following Provisions shall apply to Notices and Consents under this Act:
(1) (1.) Every Notice or Consent shall be in Writing or Print, or partly in Writing and partly in Print:
(2) (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) (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.
6 General Description of Works which a Telegraph Company may execute, subject to the Restrictions of this Act.
6. Subject to the Restrictions and Provisions herein-after contained, the Company may execute Works as follows:
(1) (1.) They may place and maintain a Telegraph under any Street or public Road, and may alter or remove the same:
(2) (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) (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) (4.) They may place and maintain a Telegraph and Posts under, in, upon, over, along, or across any Land or Building, or any Railway or Canal, or any Estuary or Branch of the Sea, or the Shore or Bed of any Tidal Water, and may alter or remove the same:
Provided always, that the Company shall not be deemed to acquire any Right other than that of User only in the Soil of any Street or public Road under, in, upon, over, along, or across which they place any Work.
7 Provision as to Compensation.
7. 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.
8 Provision as to Gas and Water Pipes.
8. In the Exercise of the aforesaid Powers, the Company shall also be subject to the following...
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