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TELEGRAPH ACT 1878 - SECT 7

Provision as to work which involves alteration in telegraphic line.

7. Where any work proposed to be done in the execution of an undertaking
authorised by an Act of Parliament involves or is likely to involve an
alteration either temporarily or permanently in any telegraphic line of the
[Post Office], and provision is not otherwise made by enactment, agreement or
otherwise with respect to such alteration or to giving notice to the [Post
Office] thereof or to the expenses of or incidental thereto, the following
enactments shall apply:

(1)The undertakers or their agents shall give to the [Post Office] not less
than seven nor more than fourteen days previous notice of the time and place
at which the work will be begun and the nature of the alteration required:

(2)Before the expiration of seven days after the notice is given the [Post
Office] may give the undertakers or their agents a counter-notice either
stating [its] intention [itself] to make, or requiring the undertakers to make
under the supervision and to the satisfaction of [itself] or [its] agents,
such alteration in the telegraphic line as [it] deems necessary or expedient
to be made in consequence of the propose work:

(3)If the [Post Office] by [its] counter-notice states that it is [its]
intention [itself] to make such alteration, it shall be lawful for such [Post
Office] by [itself] or [its] agents to make the same, and the undertakers or
their agents shall pay to the [Post Office] all the expenses incurred by [it]
of and incidental thereto, and the amount of any loss or damage sustained by
[it] in consequence thereof:

(4)If the [Post Office] by [its] counter-notice requires the undertakers or
their agents to make such alteration, the undertakers or their agents shall,
at their own expense, make the same under the supervision and to the
reasonable satisfaction of the [Post Office] or [its] agents, and the said
undertakers shall pay to the [Post Office] all the expenses incurred by [it]
of and incidental to such supervision, also the amount of any loss or damage
sustained by [it] in consequence of the alteration:

(5)If the [Post Office] fails to give a counter-notice, or if having
undertaken [itself] to make the alteration [it] or [its] agents should fail to
make within a reasonable time the alteration, the undertakers or their agents
may themselves make the alteration to the reasonable satisfaction of the [Post
Office] or [its] agents:

(6)If any undertakers or their agents fail to serve on the [Post Office] such
notice as is required by this section with respect to any work, or begin to do
the work specified in a notice served under this section before the expiration
of seven days after the notice is given, they shall be liable to pay a fine
not exceeding ten pounds for every day during which they continue such work
without the sanction in writing of the [Post Office], and the [Post Office]
may at the expense of the undertakers remove such work:

(7)If any undertakers or their agents fail to comply with the reasonable
requirements of the [Post Office] or [its] agents under this section, they
shall be liable to a fine not exceeding ten pounds for every day during which
such failure continues, or if the telegraphic communication is interrupted,
not exceeding fifty pounds for every day on which such interruption continues:

(8)Provided, that nothing in this section shall subject any undertakers or
their agents to a fine for omitting to comply with any requirements of the
[Post Office] or [its] agents, or for executing without previous notice any
work if they satisfy the court having cognizance of the case that any such
requirement was unreasonable or that the immediate execution of the work was
required to avoid an accident, or otherwise was a work of emergency, and that
they forthwith served on the postmaster or sub-postmaster of the postal
telegraph office nearest to the place where the work was done a notice of the
execution thereof, stating the reason for executing the same without previous
notice.

And where under section eight of the Telegraph Act, 1863, any body to or by
whom any such pipe as in that section mentioned belongs or is used require
that the position of any telegraphic line, of the [Post Office], or any part
thereof should be altered, the enactments of the present section shall apply,
and for such purposes any such body shall be deemed to be "undertakers".

© 1878 Crown Copyright

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