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TELEGRAPH ACT 1863 - SECT 30

30. Where at any time before or after the passing of this Act the company has
constructed any work under, in, upon, over, along, or across any land or
building, or any street or public road adjoining to or near any land or
building, and any owner, lessee, or occupier of such land or building, or any
lord of a manor, or other person having any interest in such land or building,
desires to build upon or inclose such land, or in any manner to improve or
alter such land or building, or to use such land or building in some manner in
which it was not actually used at the time of the construction of such work by
the company, and with which the continuance of such work would interfere, then
and in every such case the following provisions shall take effect:

(1) Such owner, lessee, occupier, lord of a manor, or other person interested
may give to the [Post Office] a notice specifying the nature of such intended
building, inclosure, improvement, alteration, or other use of the land or
building, including ingress or egress thereto or therefrom, and requiring the
[Post Office] to remove or alter their work so that the same may not interfere
therewith:

(2)Within fourteen days after the receipt of such notice, or, in case of
difference between the [Post Office] and the person giving the same as to his
intention, then within fourteen days after the receipt of a certificate,
signed by a justice of the peace, certifying that he is satisfied of the
intention of such person to make such building, inclosure, improvement,
alteration, or other use of the land or building, and that the continuance of
such work would interfere therewith, the granting of such certificate being
deemed to be a matter referred to the determination of the justice so
certifying, the [Post Office] shall remove or alter their work so that the
same shall not interfere with such intended building, inclosure, improvement,
alteration, or other use of the land or building:

(3)When such certificate is required by the [Post Office], the costs thereof,
when obtained, shall be paid by the [Post Office] to the person giving the
notice:

(4)Nothing herein shall empower any person to obtain the removal or alteration
of any work contrary to the terms of any grant or consent in writing made or
given by him, or by any person through whom he takes his estate or interest.

S.31 rep. by 1969 c.48 s.137 sch.8 Pt.I

For works affecting railways, canals, &c. consent of directors, &c. requisite.

© 1863 Crown Copyright

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