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TELEGRAPH (CONSTRUCTION) ACT 1911 - SECT 1

1. Where the Postmaster General has constructed, or desires to construct, a
telegraphic line along a street or public road or on, over, or under any land
(including any buildings), and the said line crosses or is carried over, upon,
or under, or it is, in his opinion, expedient that the said line shall cross,
or be carried over, upon, or under, a railway or canal, the [Post Office] may
enter upon that railway or canal for the purpose of maintaining or altering
the said telegraphic line, if already constructed, or (as the case may be) for
the purpose of placing the said telegraphic line thereon (either overhead or
underground) and of maintaining or altering the same, and may remain for such
reasonable time and execute and do all such works and things as may be
necessary or convenient for the purposes aforesaid: Provided that

(1)The powers conferred by this Act shall not apply to any portion of a
telegraphic line where that portion is placed or intended to be placed along
the course of a railway or canal for a greater distance than a quarter of a
mile; and

(2)In executing and doing any such works and things, the [Post Office] shall
not interfere with the traffic along or user of the railway or canal, and
shall enjoy the rights and powers aforesaid, subject to the following
conditions:

(a)The [Post Office] shall, not less than twenty-one days before [it] places
any telegraphic line, give to the railway company or canal company a notice
specifying the course and position and method of construction and attachment
(if any) of the proposed telegraphic line, and any proposed means of
protection where necessary, so far as regards the railway or canal, and, if
within twenty-one days after such notice the company object to the proposals
specified in the notice, a difference shall be deemed to have arisen between
the [Post Office] and the company:

(b)The [Post Office] shall not, under the powers of this Act, be entitled to
make any attachment to or prejudicially affect any telegraphic line belonging
to or maintained by the railway company or canal company:

<(c)The [Post Office] shall be responsible for the proper maintenance of any telegraphic line constructed or maintained by [it] under the powers conferred by this Act:


(d)The [Post Office] shall, upon receiving notice in writing from the
railway company or canal company, remove or alter within a reasonable time,
and to the reasonable satisfaction of the railway company or canal company,
any telegraphic line of the [Post Office] constructed or maintained under the
authority of this Act which shall interfere with the existing or any proposed
works of the railway company or canal company or the traffic thereon: Provided
that, if within twenty-one days after receipt of such notice the [Post Office]
objects to the removal or alteration required by such notice, a difference
shall be deemed to have arisen between the [Post Office] and the company:

<(e)If any damage or injury be caused to the railway or canal by the placing, user, alteration, repair, or maintenance of the telegraphic line, the [Post Office] shall, at [its] own expense, make good such damage or injury, and shall indemnify the railway company or canal company against any damage or expense to which they may be put by reason of any such damage or injury:


<(f)If the railway company or canal company shall incur any expense by or in consequence of the exercise by the [Post Office] of any powers conferred upon [it] by this Act, the [Post Office] shall from time to time pay to the company the amount of such expense.

© 1911 Crown Copyright

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