Telegraph Act 1863

Powers of Her Majesty's Government over Company

48 Messages on Her Majesty's Service to have Priority.

If One of Her Majesty's Principal Secretaries of State, or the Board of Trade, or other Department of Her Majesty's Government, requires the Company to transmit any Message on Her Majesty's Service, such Message shall (notwithstanding anything herein-before contained) have Priority over all other Messages; and the Company shall as soon as reasonably may be transmit the same, and shall, until Transmission thereof, suspend the Transmission of all other Messages.

49 On 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.

50 On 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.

51 Remuneration 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.

52 In 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.

53 Power 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.