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TELEGRAPH ACT 1863

TELEGRAPH ACT 1863 - LONG TITLE

An Act to regulate the Exercise of Powers under Special Acts for
the Construction and Maintenance of Telegraphs.{1}
[28th July 1863]
Preliminary

TELEGRAPH ACT 1863 - SECT 1

1. This Act may be cited as "The Telegraph Act, 1863."

S.2 rep. by 1969 c.48 s.137 sch.8 Pt.I

TELEGRAPH ACT 1863 - SECT 3
Interpretation of terms.

3. In this Act

Definition rep. by 1969 c.48 s.137 sch.8 Pt.I

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, or ratione tenur', 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 tenur', 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:

Definition rep. by SLR 1893

The term "justice" means justice of the peace acting for the place
where the matter requiring the cognizance of any such justice
arises:

Definition rep. by SLR 1980

Incorporation of 1845 c.20 in part.

TELEGRAPH ACT 1863 - SECT 4

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, ... 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.

TELEGRAPH ACT 1863 - SECT 5
Provisions as to notices and consents.

5. 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 [Post Office] 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 [Post Office] 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 description of works which a telegraph company may execute,
subject to the restrictions of this Act.

TELEGRAPH ACT 1863 - SECT 6

6. Subject to the restrictions and provisions herein-after contained,
the [Post Office] 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:

Provision as to compensation.

TELEGRAPH ACT 1863 - SECT 7

7. In the exercise of the powers given by the last foregoing
section the [Post Office] 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 any Act amending those
Acts, for the determination of the amount and application of
compensation for lands taken or injuriously affected.

TELEGRAPH ACT 1863 - SECT 8
Provision as to gas and water pipes.

8. In the exercise of the aforesaid powers, the [Post Office] 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 [Post Office] 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 [Post Office] shall
execute such work to the reasonable satisfaction of such body:

(4)The [Post Office] shall pay all reasonable expenses to which such
body may be put on account of such superintendence:

Post Office not to place telegraphs under streets without consent of
bodies having control of the streets.

TELEGRAPH ACT 1863 - SECT 9

9. The [Post Office] shall not place a telegraph under any street
..., except with the consent of the bodies having the control of
the streets....

TELEGRAPH ACT 1863 - SECT 10
Depth, course, &c. of underground works to be agreed on between
Post Office and street or road authority, &c. or else to be
determined by justices.

10. Where the [Post Office] has obtained consent to the placing, or
by virtue of the powers of the [Post Office] 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 [Post
Office] 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:

(1)The [Post Office] may give to such body a notice specifying the
depth, course, and position which the [Post Office] 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
[Post Office] a counter-notice objecting to the proposal of the
[Post Office], and specifying the depth, course, and position which
such body desires, they shall be deemed to have agreed to the
proposal of the [Post Office]:

(3)In the event of ultimate difference between the [Post Office] and
such body, the depth, course, and position shall be determined in
... Ireland by two justices...

S.11 rep. by 1969 c.48 s.137 sch.8 Pt.IConsent, where a public road
passes through parks, pleasure grounds, &c.

TELEGRAPH ACT 1863 - SECT 12
Post Office not to place a telegraph over or along a street or
road without consent, &c.

12. The [Post Office] 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 [Post
Office] 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.

TELEGRAPH ACT 1863 - SECT 13
Where land-owner, &c. is liable to repair of street, &c. Post
Office not to place works in such street, &c. without consent.
>Height of telegraphs crossing streets.

13. 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 [Post Office] shall not place any
work under, in, upon, over, along, or across such street or public
road, except with the consent of such landowner or other person, in
addition to the consent of the body having the control of such
street or public road, where under this Act such last-mentioned
consent is required: Provided, that where the [Post Office] 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.

In case of abandonment of works, &c. street or road authority or
owner of land may remove them.

TELEGRAPH ACT 1863 - SECT 14

14. ... If any part of the [Post Office's] works is abandoned or
suffered to fall into decay; ... the body having the control of
any street or public road, or the owner of any land or building
affected... by such part of the [Post Office's] works as aforesaid,
..., may give notice to the [Post Office], ..., 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...,
unless such works are removed accordingly, the body having such
control or such owner may, without prejudice to any remedy against
the [Post Office], 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 [Post Office]), and may recover any
unpaid residue of such expenses from the [Post Office]...

S.15 rep. by 1980 NI11 art.64(2) sch.9. S.16 rep. by SLR 1950

Streets and public roads to be opened only after notice and under
superintendence.

TELEGRAPH ACT 1863 - SECT 17

17. Subject to any special stipulations made with [the Post Office]
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 [Post Office] proceeds to open or break up
a street or public road, the following provisions shall take effect:

(1)The [Post Office] shall give to the bodies between whom
respectively and the [Post Office] 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 sosuch 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 [Post Office] 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 [Post Office] shall pay all reasonable expenses to which such
bodies respectively may be put on account of such superintendence.

TELEGRAPH ACT 1863 - SECT 18
Streets and public roads to be restored, &c. and kept in repair
for six months.

18. Subject to any such special stipulations as aforesaid, after the
[Post Office] 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:Power to street or road authorities to execute works
and charge the expenses to the Post Office.

TELEGRAPH ACT 1863 - SECT 19
Penalty.

19. Whenever the permanent surface or soil of any street or public
road is broken up or opened by the [Post Office], 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 [Post Office]; 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 [Post Office], and in default thereof may be recovered by the
body having the control of the street or road from the [Post
Office] as a penalty is or may be recoverable from the [Post
Office].

TELEGRAPH ACT 1863 - SECT 20
Restrictions on impediments to traffic.

20. The [Post Office] 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.

Post Office not to place works interfering with access to land, &c.
without consent.

TELEGRAPH ACT 1863 - SECT 21

21. The [Post Office] 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
under, 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 [Crown Estate Commissioners], or one of them, on behalf of
Her Majesty: Provided always, that..., if the body having the
control of any street..., consents to the placing of works by the
[Post Office] 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 [Post
Office] 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 provisions of sections 23 to 29 of this Act
and] to the following provisions:

Para.(1) rep. by SI 1973/2095

(2)Where the [Post Office] 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 [Post Office] 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 [Post Office] 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 [Post
Office] 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 [Post Office] shall make full compensation to the owner,
lessee, and occupier of any land or building over, along, or across
which the [Post Office] 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:

Post Office not to place telegraphs above ground, and posts, within
certain distance of dwelling houses, &c. without consent of occupier,
&c.

TELEGRAPH ACT 1863 - SECT 22

22. Subject and without prejudice to the foregoing provisions, the
[Post Office] 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 [Post
Office] that he requires it to be removed:

(4)The [Post Office] shall remove the same accordingly within one
month after receiving such notice:

(5)If any question arises between a lessee or owner and the [Post
Office] as to such removal, or the time or mode thereof, the same
shall be referred to the determination in... Ireland of two
justices..., which justices... may give such directions as to such
removal and the time and mode thereof as may seem reasonable, and
may impose on the [Post Office] for not carrying such directions
into effect such penalty not exceeding five pounds a day as may
seem just.

TELEGRAPH ACT 1863 - SECT 23
Notices to be published, and left at dwelling houses, of intended
telegraph along street or public road after consent of street or
road authority obtained.

23. Before the [Post Office] proceeds to place a telegraph over,
along, or across a street... or a public road, or to place posts
in or upon a street... 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:

Power to owner or occupier of adjoining land or building to object.

TELEGRAPH ACT 1863 - SECT 24

24. 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 [Post Office] 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.

TELEGRAPH ACT 1863 - SECT 25
Until objection settled, works to be stayed.

25. Until such objection is settled, or is determined in manner
herein-after provided, the [Post Office] shall not execute that part
of their intended works to which the objection relates.

TELEGRAPH ACT 1863 - SECT 26
Examination and inquiry to be made by Board of Trade.

26. 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 [Post Office] and the person objecting is arranged) make
inquiry and examination, and hear and determine the matter of the
objection.

TELEGRAPH ACT 1863 - SECT 27
Powers of Board of Trade respecting the objection.

27. On hearing any such objection the Board of Trade

(1)may allow the objection, wholly or in part; or

(2)may authorize the [Post Office] 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 [Post Office] 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 [Post Office] 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
objection and being heard as the Board of Trade directs shall be
given to any owner, lessee, or occupier whom such modification may
affect.

TELEGRAPH ACT 1863 - SECT 28
Decision of Board of Trade final.

28. The determination of the Board of Trade on the matter of any
such objection shall be final and conclusive.

TELEGRAPH ACT 1863 - SECT 29
Costs.

29. The Board of Trade may allow to any owner, lessee, or occupier
so objecting such costs as seem just, to be paid by the [Post
Office].

For building or other purposes, owner, &c. may require removal of
works.

TELEGRAPH ACT 1863 - SECT 30

30. 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 [Post Office] 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 [Post Office] 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 [Post Office] 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 [Post Office] 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 [Post Office], the costs
thereof, when obtained, shall be paid by the [Post Office] 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.

S.31 rep. by 1969 c.48 s.137 sch.8 Pt.I

For works affecting railways, canals, &c. consent of directors, &c.
requisite.

TELEGRAPH ACT 1863 - SECT 32

32. The [Post Office] 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 [Post Office] 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.

TELEGRAPH ACT 1863 - SECT 33
Access from future docks, &c. to canal.

33. 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 [Post Office], 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 [Post Office] and such person as to the facilities to
be afforded to the [Post Office], or as to the direction in which
the telegraph is to be placed, it shall be determined by the Board
of Trade.

Board of Trade may in any case appoint arbitrator.

TELEGRAPH ACT 1863 - SECT 34

34. 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 hereinbefore 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 [Post
Office].

For works on seashore, consent of proprietors, &c. requisite.

TELEGRAPH ACT 1863 - SECT 35

35. The [Post Office] 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 [Post Office] (which consent, where
Her Majesty in right of her Crown is interested, may be given on
behalf of Her Majesty by the [Crown Estate Commissioners] or one of
them, in writing signed by them or him).

TELEGRAPH ACT 1863 - SECT 36
Plan of such works to be submitted for approval of Board of Trade.

36. 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 [Post Office] 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
[Post Office], abate and remove it, or any part of it, and restore
the site thereof to its former condition.

TELEGRAPH ACT 1863 - SECT 37
Lights and signals for such work.

37. Notwithstanding anything in the Merchant Shipping Act, 1854, or
any Act amending the same, contained, the [Post Office] 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.

TELEGRAPH ACT 1863 - SECT 38
Power of Board of Trade as to such works if disused, &c.

38. 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 [Post Office], 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.

TELEGRAPH ACT 1863 - SECT 39
Survey of such works by Board of Trade.

39. The Board of Trade may at any time, at the expense of the
[Post Office], cause to be made a survey and examination of any
such work, buoy, or sea mark, or of the site thereof.

TELEGRAPH ACT 1863 - SECT 40
Recovery of expenses by Board of Trade in such cases.

40. Whenever the Board of Trade, under the authority of this Act,
does, in relation to any such work, any act or thing which they
are by this Act authorized to do at the expense of the [Post
Office], the amount of such expense shall be a debt due to the
Crown from the [Post Office], 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 [Post Office].

Ss.4144 rep. by 1969 c.48 s.137 sch.8 Pt.I

TELEGRAPH ACT 1863 - SECT 45
Punishment of officers of Post Office for misconduct respecting
messages.

45. If any person in the employment of the [Post Office]

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;

S.46 rep. by 1969 c.48 s.137 sch.8 Pt.I. Ss.4853 rep. by 1969 c.48
s.137 sch.8. Pts.I,II