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TELEGRAPH (CONSTRUCTION) ACT 1908

TELEGRAPH (CONSTRUCTION) ACT 1908 - LONG TITLE

An Act to amend the Telegraph Acts, 1863 to 1907, with respect to
the Construction and Maintenance of Telegraphic Lines for telephonic
and other telegraphic purposes.{1}
[1st August 1908]
S.1 rep. by 1916 c.40 s.5(3) sch.

TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 2
Flying wires over land adjoining road.

2. Those provisions of section twenty-one of the Telegraph Act,
1863, ... shall ... extend ... to public roads as well as to
streets ....

TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 3
Public recreation grounds.

3. Notwithstanding the provisions of this Act no telegraphic line
shall be constructed on, over, along, or across any land dedicated
to the recreation of the public, or any hedge or bank adjoining
such land, without the consent of the person under whose control
and management such land for the time being remains. Provided that
if such consent is withheld or any condition is attached thereto to
which the [Post Office] objects, a difference shall be deemed to
have arisen between the [Post Office] and that person, and sections
three, four, and five of the Telegraph Act, 1878, shall apply
accordingly as if it were a difference arising under that Act.

S.4 rep. by 1916 c.40 s.5(3) sch.

TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 5
Lopping of trees which obstruct a telegraphic line on a street or
road.

5.(1) Where any tree overhangs any street or public road and
obstructs or interferes with the working of any telegraphic line
constructed along that street or road or will obstruct or interfere
with the working of any telegraphic line about to be so
constructed, the [Post Office] may give notice to the owner and to
the occupier of the land on which the tree is growing, requiring
the tree to be lopped so as to prevent the obstruction or
interference.

(2) If within one month from the service of notice by the [Post
Office] the owner or the occupier of the land on which the tree
is growing gives a counter-notice to the [Post Office] objecting to
the lopping of the tree, a difference shall be deemed to have
arisen between the [Post Office] and that owner or occupier, and
sections four and five of the Telegraph Act, 1878, shall apply
accordingly as if it were a difference under that Act.

(3) If on the expiration of one month after notice is given by
the [Post Office] under this section, neither the owner nor the
occupier has complied with the notice, or given a counter-notice
under this section, or if the authority determining a difference
under this section make an order in that behalf, the [Post Office]
may [itself] cause the tree to be lopped, and section seven of the
Telegraph Act, 1863 (which relates to compensation), shall apply to
the exercise of that power by the [Post Office].

(4) The [Post Office] shall issue instructions to [its] officers
with a view to ensuring that trees shall be lopped in a
husbandlike manner and so as to avoid injury to their growth.

S.6 rep. by 1949 c.11 s.8 sch. S.7 rep. by 1969 c.48 s.137 sch.8
Pt.I

TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 8
Saving for canals.

8. Nothing in this Act shall apply to the undertaking of any canal
company authorised by an Act of Parliament.

TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 9
Interpretation, notices, and short title.

9.(1) In this Act any expressions to which a special meaning is
attached under the Telegraph Acts, 1863 to 1907, or any of them,
shall have the same respective meanings in this Act; and the
expression "hedge" or "bank" includes any ditch adjoining to the
hedge or bank and forming part of the boundary of the street or
public road, as if it was part of the hedge or bank.

(2) Section twelve of the Telegraph Act, 1878 (which relates to the
printing, authentication, and service of notices and other documents),
shall apply for the purposes of this Act as it applies for the
purposes of that Act.

(3) This Act may be cited as the Telegraph (Construction) Act,
1908, and may be cited with the Telegraph Acts, 1863 to 1907.