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TELEGRAPH ACT 1878 - SECT 8

Compensation and fine for injury to telegraphic line of the Post Office and for interruption to telegraphic communication.

8. Where any undertakers, body, or person, by themselves or by their agents,
destroy or injure any telegraphic line of the [Post Office], such undertakers,
body, or person shall not only be liable to pay to the [Post Office] such
expenses (if any) as [it] may incur in making good the said destruction or
injury, but also, if the telegraphic communication is carelessly or wilfully
interrupted, shall be liable to a fine not exceeding twenty pounds per day for
every day during which such interruption continues.

Where the undertakers, body, or person liable to pay such daily fine as
aforesaid to the [Post Office] are not authorised to execute such works as may
be required for remedying the interruption, the interruption shall be deemed
to continue either for the time during which it actually continues or for such
less time as in the opinion of the court having cognizance of the case would
have been sufficient for remedying the interruption by the [Post Office].

The [Post Office] may, instead of taking proceedings for the recovery of such
daily fine as aforesaid, proceed for the recovery of a fine not exceeding
fifty pounds, to which the undertakers, body, or person shall be liable on
summary conviction.

An act done to a telegraphic line in the course of work undertaken by any
undertakers, body, or person in the legal exercise of a right shall not be
deemed to be wilful destruction of or injury to such telegraphic line, if due
notice of the intended exercise of such right has been given to the [Post
Office], that is to say, the notice required to be given in pursuance of any
Act of Parliament or agreement, or where there is no Act of Parliament or
agreement requiring such notice, fourteen clear days notice.

This section shall be deemed to be in addition to and not in derogation of any
other power or means which the [Post Office] may have of recovering damages in
respect of any such destruction or injury as in this section mentioned under
any other Act of Parliament or at common law or otherwise, provided that [it]
shall not proceed under this Act and under any other Act or law in respect of
the same destruction or injury.

© 1878 Crown Copyright

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