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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.

© 1863 Crown Copyright

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