Telegraph Act 1870

1870 CHAPTER 88

An Act to extend the Telegraph Acts of 1868, 1869, to the Channel Islands and the Isle of Man.

[9th August 1870]

Whereas it is expedient for the interests of the public that the provisions of the Telegraph Acts, 1868, 1869, should be extended to the Channel Islands, and the Isle of Man, and that the said Acts should be otherwise amended:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 Short title of Act.

This Act may be cited as "The Telegraph Act, 1870," and this Act and the " Telegraph Acts, 1868, 1869," may be cited together as "The Telegraph Acts, 1868 to 1870."

2 Incorporation of provisions of Telegraph Acts, 1868, 1869.

The provisions of the Telegraph Acts, 1868, 1869, save so far as they are expressly repealed or varied by or inconsistent with the provisions of this Act, shall be incorporated and construed as one with this Act.

3 Extension of those Acts: to Channel Islands and Isle of Man.

The Telegraph Acts, 1868, 1869, shall extend to and be in force in the Islands of Jersey, Guernsey, Sark, Alderney, and Man, and the islands and islets adjacent thereto respectively, and for all the purposes of the said Acts and each of them the said islands and islets shall respectively be deemed to be part of the United Kingdom of Great Britain and Ireland.

4 Power to purchase the undertaking of the Jersey and Guernsey Telegraph Company, Limited.

The Postmaster General shall purchase the undertaking of the Jersey and Guernsey Telegraph Company, Limited, upon terms to "be settled (failing agreement) by arbitration, in manner provided by the Lands Clauses Consolidation Act, 1845, and the said company shall sell and convey the said undertaking accordingly; and the said Postmaster General shall be let into the possession of the said undertaking immediately upon the passing of this Act, and he shall pay the purchase money or compensation for the same within one month after the amount thereof shall have been ascertained, with interest at the rate of four pounds per centum per annum from the date of his taking possession until the time of payment.

5 Confirmation of agreement with the Isle of Man Electric Telegraph Company.

The agreement referred to in the schedule to this Act is hereby confirmed, and the Postmaster General shall purchase, and the Isle of Man Electric Telegraph Company shall sell and convey, the undertaking of the same company upon the terms of the- said agreement; and the Postmaster General shall be let into the possession of the said undertaking immediately upon the passing of this Act, and shall pay interest at four pounds per centum per annum on the purchase money from the same date until the time of payment.

6 Postmaster-General may purchase undertakings of companies for transmitting telegrams to Channel Islands.

Upon the request in writing of any telegraph company existing on the fifth day of February one thousand eight hundred and seventy, and engaged in transmitting telegrams between Great Britain or Ireland and the said islands or any of them, or between any one of the said islands and any other of them, or within any one of the said islands, or for all or any of such objects, the Postmaster General shall purchase the whole or any part of the undertaking of such company, provided such request be made within twelve months after the passing of this Act; and the Postmaster General shall accordingly, within one month after the receipt by him of any such request, give notice in writing of his intention to make such purchase, and it shall be lawful for such telegraph company and they are hereby required to sell, convey, and assure their undertaking accordingly, and to give valid discharges for the purchase money.

7 Reservation as to the undertaking of the Submarine Telegraph Company.

Provided always, that nothing in this Act shall authorize or require the Postmaster General to purchase the undertakings of the Submarine Telegraph Company between Great Britain and the continent of Europe, and the Submarine Telegraph Company between France and England (Societe Carmichael et Co.) or either of them or any part thereof respectively.

8 Amendment of section 6 of the Act of 1868.

Whereas doubts have been suggested as to the effect of the sixth section of the Telegraph Act, 1868, it is hereby declared that, notwithstanding anything therein contained, any company whose undertaking shall be purchased by the Postmaster General under or by virtue of this Act, and any company whose undertaking has been or shall be purchased by the Postmaster General under or by virtue of the Telegraph Acts, 1868, 1869, or either of them, may sue or be sued for any debts owing to or by or for any damages recoverable by or from such company, or for the purpose of enforcing any rights and remedies of or against such company, which shall have accrued before the date of the transfer to the Postmaster General of the undertaking of such company.

9 Saving agreements scheduled in the Act of 1868.

Nothing in this Act contained shall in anywise prejudice or affect any of the agreements referred to in the schedule to the Telegraph Act, 1868, and thereby confirmed.

SCHEDULE to which the foregoing Act refers

Mortgage and agreement for sale to or in trust for Her Majesty under the seal of the Isle of Man Electric Telegraph Company, dated the thirtieth day of October one thousand eight hundred and sixty-eight.