TELEGRAPH ACT 1878

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TELEGRAPH ACT 1878 - SECT 6



6. Where an Act of Parliament passed after the first day of January one
thousand eight hundred and seventy-eight authorises the construction of any of
the following undertakings, namely, any railway, canal, tramway other than
street tramways, highway, bridge, railway, or river embankment, subway,
aqueduct over or across a river, dock, harbour, or pier, it shall be lawful
for the [Post Office], by [itself] or [its] agents, to place and maintain
telegraphic lines in, under, upon, along, over, or across such undertaking,
and from time to time to alter the same; and [it] may from time to time, by
[itself] or [its] agents, enter upon any land or works of the undertakers for
the purpose of placing, maintaining, or altering any telegraphic line in
pursuance of this section, or of examining or repairing any line so placed,
and may there remain for such reasonable time, and execute and do all such
works and things, as may be necessary or convenient for the purposes
aforesaid, but shall not interfere with the traffic along or user of the
undertaking, subject to the following conditions:

(1)In placing, maintaining, or altering such telegraphic lines no obstruction
shall be caused to the traffic along or the user of such undertaking:

(2)The [Post Office] shall not less than one month before [it] places any
telegraphic line, give to the undertakers a notice specifying the course and
position of the proposed telegraphic lines, and if within one month after such
notice the undertakers object to the course or position specified in the
notice, and do not agree with the [Post Office] on some other course or
position, a difference shall be deemed to have arisen between the [Post
Office] and the undertakers:

(3)If any damage or injury be caused or any stoppage or delay be occasioned to
the works of the undertaking by the placing, repair, or maintenance of such
telegraphic lines, the [Post Office] shall at [its] own expense make good such
damage or injury, and shall indemnify the undertakers against any expense to
which they may be put by reason of any such damage, injury, stoppage, or
delay;

(4)If the undertakers shall incur any additional expense by or in consequence
of the repair or maintenance of such telegraphic lines, the [Post Office]
shall from time to time pay to the undertakers the amount of such additional
expense.

This section shall apply to the several railways over which powers were
conferred upon the [Post Office] by the local Acts mentioned in the schedule
to this Act, and to the undertakers empowered by such local Acts respectively.

Provided, that so far as relates to any railways belonging to or leased or
worked by any of the railway companies mentioned in section nine, or in the
schedule of the Telegraph Act, 1868, the powers of constructing, altering, or
maintaining telegraphic lines by the [Post Office] shall not be exercised if
and so long as the said companies respectively are able and willing themselves
to construct, alter, and maintain such telegraphic lines, and such
construction, maintenance, and repair shall be upon the terms and conditions
in the said Act or the agreements thereunder declared: Provided also, that
this section shall not affect any agreement between any undertakers and the
Postmaster General.

If any difference arises between the [Post Office] and any undertakers in
relation to the exercise of any power under this section, that difference
shall be determined in manner provided by this Act.

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Northern Irish Legislation

TELEGRAPH ACT 1878 - SECT 6