Cable Company Act 1870 (SA)

ANNO TRICESIMO TERTIO ET TRICESIMO QUARTO

An Act to empower tlze Government of the P r o v i m ~ of Eouth

Australia to enter into cc co?z~,wct with any Person or Cornpang

willing to -Establish Telegraphic Co~nmanication between Port

Dnrwin and Europe, and for other purposes.

[Assented to, 12th October, 1870.1

HEREAS by the Port Augusta and Port Darwin Telc- Preamble-

W graph Act, 1870," the Treasurer of the Province of South

Australirt was authorized to raise, by the issue of bonds, a sum

not exceeding the sum of One Hundred and Twenty Thousand Pounds, to be applied for the purpose of carrying out the construc- tion of a line of Telegraph from Port Augusta, in the Province of South Australia, to Port Darwin, situated in the Northern Territory of the said Province: And whereas the Executive Government of the Province of South Australia have entered into negotiations with, and have contracted with, the British-Australian Telegraph Company, Limited, for the construction of a line of communication, by electric telegraph, from Port Augusta to Port Darwin, and have the same open for working by the first clay of January, 1872: And whereas thc said Brit,ish-Australian Telegraph Company, Limited, have agreed with the said Government to land a telegraph cable at Port Darwin, aforesaid, in connexion with *$he electric telegraph line from Port Augusta to Port Darwin; and the said Executive Govcrnrnent have already commenced the construction of the said electric telegraph line pursuant to the said agreement: And whereas doubts and objections have been raised and suggested as to the validity of the said negotiations and contract, and as to the power of the said

P Executive

33" & 34" VICTORIB, No. 11.

An&-Australian Telegraph Act.-1 870.

Executive Government to make and enter into the saae respec- tively; and it has been deemed advisable to remove all such doubts and objections: And whereas it is also desirable to authorize and empower the Governor, with the advice of the Executive Council, to make and enter into any contract or agreement with any person, company, or body politic or corporate for the construction of such telegraph line, and for the junction thereof with any line of commu- nication by electric telegraph, which shall connect the Port Augusta and Port Darwin line with Europe-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

Rhtification of con-

tract, &., with 1. The Governor, with the advice and consent of the Executive

British-Australian Council, may ratify and confirm any negotistions or contracts

Tele@sph Limited. C o m p n u ~ ~ entered into by the Executive Government of South Australia, or

by any person acting on behalf of the said Government with the British-Australian Telegraph Company, Limited, or with any person acting on their behalf.

Governor, and person	2. The Governor with the advice of the Executive Council, may empowered by him, with the advice aforesaid, in that behalf, may make and enter into any contract or agreenicnt, either in writing or by deed, with any person or persons, company or companies,
him, may enter into	from time to time hereafter, or any person duly authorized and
contracts.
body or bodies politic or corporate, for the construction and
maintenance of a line of communication by electric telegraph from Port Augusta to Port Darwin, hereinafter designated C c The said Land Line," and for the junction of the same with any line of com- munication by electric: telegraph which shall connect the said land line with Europe, and after the completion of the construction of the said land line, may makc and enter into any such contract or agreement
as aforesaid, for the junction thereof, with any line of communication by electric, telegraph which shall connect the said land line with
Enrope, and for the maintenance of such land line upon such terms and subject to such coi~clitions as the Governor, with the advice of
the said Executive Council, shall deem most advantageous for the
said Province.
Conditions may be	3. Any agreement to be made ill the exercise of the powers by this Act conferrcd may contain such stipulations as to the penalties to be paid by either party thereto for any breach of such agreement, or as to the granting of permission for the landing of the said telegraph cable, the granting of sites for telegraph stations, the fixing of charges for messages on the said land line, and such other stipu- lations as to thc Governor, with the advice aforesaid, shall seem most advantageous for the said Province.
inserted in contract.

duly empowered by

entered into unless 4. No such contract or agreement i s that authorized by this Act	Contract not to be
signedbgbothpnrties. 20 be made and entered into by the Governor, with the advice of the

Executive Council, or by any person duly authorized and empowered

by

33" & 34" VICTORIB, No. 11.

Anglo-Australian Telegraph Act.-1 8 'S 0.

by him so to do, shall be made and entered into with any person or pexsons, company OF companies, body or bodies politic or corporate, unless such person or persons, company or companies, body or bodies politic or corporate, shall also make and enter into the same, and bind themselves in writing or by deed, to observe, perform, and execute the stipulations and conditions therein contained on his or their parts and behalfs to be observed, performed, and executed.

Governor tu esccute

5. The Governor shall, and he is hereby cmponcretl, immediately on the completion of any contrxct, hereby authorized to be entered into, make, and execute to the person or persons, colupany or com- panies, body or bodies politic or corporate, a grant of the fee simple of the land to which such persons or persons, company or companies, body or bodies politic or corporate, shdi, or may be entitlecl, pur-

of land.

suant to any such contract.

Iucorporation of Act

6. The Act No. 6 of 1857-8, intitulecl, '; An Act to regulate the No. of 1851-8.

construction ancl management of Electric Telegraphs," except in so far as the same is iizconsistcnt with the provisions hereof, shall be incorporated herewith, and this Act and the said incorporated Act (except as aforesaid) shall be read and construed as one Act accordingly.

I n the name and on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

/

Adelaide: Printed by authority by W. C. Cox, Gilvcrnmorlt Printer, N1)rtll-tmace.