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Sect. 2.

and Canal

sion to

visional

order for

tion of

work on

land.

THE TELEGRAPH ACT, 1892.

55 & 56 VICT. CAP. 59.

An Act to make further provision respecting Telegraphs.
[28th June, 1892.]

No power was given by any of the previous telegraph Acts, enabling telegraph works to be placed on or over private land without the consent of the owner or occupier. Power is now given by this Act to the Postmaster-General to obtain a provisional order to enable him to construct and maintain such works on private land.

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2. (1.) If the Postmaster-General considers that the Power of inhabitants of any district or any public authority are debarred Railway from the public convenience of telegraphic communication Commis- owing to the refusal or failure of any person being the make pro occupier, lessee, or owner of any land or building to consent to the construction or maintenance of a work by the construc- Postmaster-General, he may, without prejudice to any other power of proceeding under the Telegraph Acts, 1863 and private 1878, or this Act, apply to the Railway and Canal Commission, and that Commission, if satisfied, after holding a local inquiry and giving an opportunity for all persons interested to be heard, that the inhabitants or authority are so debarred as aforesaid, may make an order consenting to the construction or maintenance of the work either unconditionally or subject to such pecuniary or other terms, conditions and stipulations as the Commission think just, and such consent shall have effect as a consent given by the said person to the construction or maintenance of such work, but subject as aforesaid all the provisions of the Telegraph Act, 1863, shall apply to such work, and such person shall have and enjoy all the protection and benefit of such provisions.

26 & 27
Vict.
c. 112.

(2.) If the said person presents to the Commission, within one month after the service of such Order on him, a petition

praying that the Order shall be laid before Parliament, and Sect. 2. does not withdraw that petition, such Order shall have no effect until confirmed by Parliament with such modifications (if any) as Parliament may approve or direct; but if such petition is not presented, or though presented is withdrawn, the Railway and Canal Commission shall certify the fact, and after the date of that certificate such Order shall have full effect.

(3.) The Postmaster-General may cause to be introduced into Parliament a public Bill confirming any such Order, and the Order when so confirmed, with any modification made therein by Parliament, shall have full effect.

(4.) If while a Bill confirming an Order under this section is pending in either House of Parliament a petition is presented against the Order, the Bill, so far as it relates to that Order, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a private Bill.

(5.) The Railway and Canal Commission may hold a local inquiry for the purposes of this Act by any one or two of their members, or by any officer of the Commission whom they may direct to hold the same, and Parts One and Four of the Railway and Canal Traffic Act, 1888, except the 51 & 52 sections relating to appeal, shall apply as if herein re-enacted and in terms made applicable to the purposes of this section, and any officer appointed to hold the inquiry shall have power to administer an oath.

(6.) The Railway and Canal Commission may make an interlocutory order for the continuance of an existing work while proceedings under this section are pending.

This section does not apply to the undertakings of railway and canal companies authorised by Act of Parliament. Section 7.

The Telegraph Act, 1863, mentioned in the above section, is a general Act regulating the construction of telegraphic works. Section 6 of that Act allowed telegraph companies, which since the Telegraph Acts of 1868 and 1869, include the Postmaster-General, to place and maintain telegraphs over or under streets and public roads and lands, buildings, railways, canals, branches of the sea, and shore or beds of tidal rivers,

Vict. c. 25.

Sect. 2. subject to various restrictions, which were to some extent modified by the Telegraph Act, 1878 (41 & 42 Vict. c. 76). In respect of Crown lands and private lands these works could only be done by consent. The principal provisions as to compensation are contained in sections 7 and 21.

Provision

THE TELEGRAPH ACT, 1864.

7. In the exercise of the powers given by the last foregoing section as to com- the company shall do as little damage as may be, and shall make pensation. full compensation to all bodies and persons interested for all damage sustained by them by reason or in consequence of the exercise of such powers, the amount and application of such compensation to be determined in manner provided by the Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation (Scotland) Act, 1845, respec tively, and any Act amending those Acts, for the determination of the amount and application of compensation for lands taken or injuriously affected.

As to

Restrictions as to works affecting private or Crown property.

21. The company shall not place any work by the side of any works land or building, so as to stop, hinder, or interfere with ingress or affecting egress for any purpose to or from the same, or place any work Crown under, in, upon, over, along, or across any land or building, except property. with the previous consent in every case of the owner, lessee, and occupier of such land or building, which consent, in case of any land or building belonging to or enjoyed by the Queen's most Excellent Majesty in right of Her Crown, may be given by the Commissioners for the time being of Her Majesty's Woods, Forests, and Land Revenues, or one of them, on behalf of Her Majesty: Provided always, that with respect to lands and buildings situate within the limits of the district over which the authority of the Metropolitan Board of Works extends (hereinafter referred to as the Metropolis), or within the limits of any city or municipal borough or town cor porate, or any town having a population of thirty thousand inhabi tants or upwards, according to the latest census (hereinafter referred to as a city or large town), if the body having the control of any street in the Metropolis or a city or large town, consents to the placing of works of the company in, upon, over, along, or across that street, then and in every such case that consent shall (unless it is otherwise provided by the terms thereof), be sufficient authority for the company, without any further consent, except as to any land or building belonging to or enjoyed by Her Majesty in right of Her Crown, to place and maintain a telegraph over, along, or across any building adjoining to or near the street, and situate within the limits of the district over which the powers of the consenting body extend, or over, along, or across any land, not being laid out as building land, or not being a garden or pleasure ground, adjoining to or near the street and situate within the same limits, subject nevertheless to the following provisions:

(1.) Twenty-one days at least before the company proceeds to place a telegraph by virtue of the authority so conferred, they shall publish a notice stating they have obtained the

consent of such body as aforesaid, and describing the intended Sect. 2. course of such telegraph :

(2.) Where the company by virtue of the authority so conferred

places a telegraph directly over any dwelling-house, they
shall not place it at a less height above the roof thereof
than six feet, if the owner, lessee, or occupier thereof objects
to their placing it at a less height:

(3.) If at any time the owner, lessee, or occupier of any building or
land adjoining to a building, directly over which building or
land the company by virtue of the authority so conferred
places a telegraph, desires to raise the building to a greater
height, or to extend it over such land, the company shall
increase the height or otherwise alter the position of the tele-
graph, so that the same may not interfere with the raising or
extension of the building, within fourteen days after receiving
from the owner, lessee, or occupier a notice of his intention to
raise or extend the building, or in case of difference between
the company and the owner, lessee, or occupier as to his inten-
tion, then within fourteen days after receiving a certificate,
signed by a justice of the peace, certifying that he is satisfied
of the intention of the owner, lessee, or occupier to raise or
extend the building:

(4.) The company shall make full compensation to the owner, lessee, and occupier of any land or building over, along, or across which the company by virtue of the authority so conferred places a telegraph, and which may be shown to be in any respect prejudicially affected thereby, the amount of such compensation to be determined in manner provided by the said Lands Clauses Consolidation Acts respectively, and any Act amending those Acts, for the determination of the amount of compensation with respect to lands injuriously affected: Provided also, that the consent of any person occupying as a tenant from year to year only shall not be required, nor shall any person so occupying be entitled to such compensation as aforesaid.

THE ISOLATION HOSPITALS ACT, 1893.

56 & 57 VICT. CAP. 68.

An Act for enabling County Councils to promote the establishment of Hospitals for the reception of Patients suffering from Infectious Diseases. [21st December, 1893.]

This Act enables county councils in certain districts, upon representations being made as to the necessity for an isolation hospital in any part of the district, to hold an inquiry, and if satisfied of the necessity for such hospital, to constitute a hospital district and appoint a hospital committee. The hospital committee may consist of members of the council and of representatives of the area or wholly of either. This committee shall be a body corporate with a common seal, and capable of acquiring land by devise, gift, purchase or otherwise without license in mortmain. They have powers of acquiring land as herein

mentioned.

The Act does not extend to Scotland and Ireland or to the administrative county of London, or to any county borough, or to any borough of a population of 10,000 or upwards without the consent of the council of the borough. As to boroughs below 10,000 population it is not to apply without the like consent unless the Local Government Board by order direct that it shall apply.

Sect. 11.

Purchase

of land for hospital.

38 & 39

Vict. c. 35.

11. Subject to any directions given by the county council, a hospital committee may purchase or lease any land, whether within or without the hospital district, for the purpose of erection thereon, an isolation hospital, and may exercise all the powers conferred on a sanitary authority by the provisions of the Public Health Act, 1875, and the Acts amending the same, relating to the purchase of lands. For the purposes of this section the provisions contained in sections one hundred and seventy-five to one hundred and seventyeight (inclusive), and sections two hundred and ninety-six to

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