Telegraph Act 1863 (c. 112)

1. Introductory Text

2. Preliminary

   1. 1. Short Title.

   2. 2. Application of this Act to all future Telegraph Companies, and also, subject to certain Exceptions, to all existing Telegraph Companies.

   3. 3. Interpretation of Terms.

   4. 4. Recovery of Damages, Costs, Expenses, and Penalties.

   5. 5. Provisions as to Notices and Consents.

3. General Powers of Company

   1. 6. General Description of Works which a Telegraph Company may execute, subject to the Restrictions of this Act.

   2. 7. Provision as to Compensation.

   3. 8. Provision as to Gas and Water Pipes.

4. Restrictions as to Telegraphs under Streets and public Roads

   1. 9. Not to place Telegraphs under Streets in Metropolis and large Towns without Consent of Bodies having Control of the Streets.

   2. 10. Depth, 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.

   3. 11. Underground Tubes to have distinguishing Mark.

   4. 12. Company not to place a Telegraph along a Street or Road without Consent of Body having Control of Street, &c.

   5. 13. Where Landowner, &c. is liable to Repair of Street, &c. Company not to place Works in such Street, &c. without Consent.

5. Removal of Works affecting Streets and public Roads

   1. 14. In case of Abandonment of Works, &c, Street or Road Authority or Owner of Land may remove them.

   2. 15. In event of Alteration of Street or Road, Company to remove and replace the Works under or over the same.

   3. 16. Removal of dangerous Posts placed before passing of this Act.

6. Restrictions as to the opening of Streets and public Roads

   1. 17. Streets and public Roads to be opened only after Notice and under Superintendence.

   2. 18. Streets and public Roads to be restored and kept in repair for Six Months.

   3. 19. Power to Street or Road Authorities to execute Works and charge the Expenses to the Company.

   4. 20. Restrictions on Impediments to Traffic.

7. Restrictions as to Works affecting private or Grown Property

   1. 21. As to Works affecting Crown Property.

   2. 22. Company not to place Telegraphs above Ground, and Posts, within certain Distance of Dwelling Houses, without Consent of Occupier, &c.

   3. 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.

   4. 24. Power to Owner or Occupier of adjoining Land or Building to object.

   5. 25. Until Objection settled Works to be stayed.

   6. 26. Examination and Inquiry to be made by Board of Trade.

   7. 27. Powers of Board of Trade respecting the Objection.

   8. 28. Decision of Board of Trade final.

   9. 29. Costs.

8. Removal or Alteration of Works affecting Land or Buildings

   1. 30. For Building or other Purposes, Owner, &c. may require Removal of Works.

   2. 31. Removal of injurious Works constructed before this Act.

9. Restrictions as to Works affecting Railways and Canals

   1. 32. For Works affecting Railways, Canals, &c. Consent of Directors, &c. requisite.

   2. 33. Access from future Docks to Canal.

10. Appointment of Arbitrator by Board of Trade

    1. 34. Board of Trade may in any Case appoint Arbitrator.

11. Restrictions as to Works affecting Seashore

    1. 35. For Works on Seashore, Consent of Proprietors of Shore and Conservancy or other Authorities requisite.

    2. 36. Plan of such Works to be subject to Approval of Board of Trade.

    3. 37. Lights and Signals for such Works.

    4. 38. Power of Board of Trade as to such Works if disused, &c.

    5. 39. Local Survey of such Works by Board of Trade.

    6. 40. Recovery of Expenses by Board of Trade in such Cases.

12. General Obligations and Liabilities of Company and their Servants

    1. 41. Telegraph to be open for all Messages without Preference ; subject to Leases.

    2. 42. Company to be responsible for all Damages.

    3. 43. Sale, &c. of Undertaking and Leases of Wires (with Exceptions) prohibited, except with Consent of Board of Trade.

    4. 44. Registered Office of Company for Service of Documents.

    5. 45. Punishment of Officers of Company for Misconduct respecting Messages.

    6. 46. Saving for Effect of future General Acts.

13. Saving as to Restrictions on and Duties of existing Companies

    1. 47. Certain Enactments in Special Acts not affected by this Act.

14. Powers of Her Majesty's Government over Company

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

    2. 49. On Request of Board of Trade Company to place Telegraph.

    3. 50. On Refusal or Neglect of Company, Power to Board of Trade to place such Telegraph.

    4. 51. Remuneration of Company for placing such Telegraph.

    5. 52. In Emergencies Telegraphs may be taken possession of for Her Majesty's Service.

    6. 53. Power to proceed against Company given to Law Officers of Crown on Certificate of Board of Trade.

15. 1. SCHEDULE

       Enactments in Special Acts of existing Companies which me not to be affected by this Act