Electric Telegraph Act 1857 No 37a (NSW)

No. XLI.

An Act to establish and regulate Electric

Telegraphs. [18th March, 1857.]

WH E R E A S it is expedient to establish a n d regula te t ion by Elec t r ic Te legraph in N e w South W a l e s Be i t therefore

communica­

enacted by t h e Queen ' s Most Exce l len t Majesty by a n d wi th t h e

advice and consent of t h e Legis la t ive Council and Legislat ive

Assembly of N e w South Wales in P a r l i a m e n t	assembled	and by	the
au thor i ty of t h e same as follows :—

1. The following words when used here in shall unless t he con­ t ex t otherwise indica te bear t h e several mean ings set agains t	t h e m
respec t ive ly :—

W o r k s — A n y stat ions posts mas t s piers insulators excavat ions

wires cords or other works in any way connected wi th any

Elect r ic Telegraph or l ine of communica t ion thereby .

R o a d — A n y publ ic or pr ivate road h ighway street square lane

cour t or passage.

2. I t shall be lawful for t h e Governor w i th the advice of t he Execu t ive Council to appoint a proper person for super in tending t h e

const ruct ion ma in tenance protec t ion m a n a g e m e n t and work ing of all

lines of communica t ion by Elec t r i c Telegraph in New Sou th W a l e s and also to appoint such o ther officers as may be deemed necessary for

some purpose of th i s Act .

ca r ry ing th i s A c t in to execut ion .

3. I t shall be lawful for such Super in tend ing Officer or any

o ther officer or person ac t ing u n d e r his au thor i ty for any purpose of

th i s Ac t to en te r upon any l and whatsoever and to survey a n d t ake levels thereof and to dig fell remove and car ry away from any land any ear th s tone gravel sand or other soil whatsoever or any t imber or o ther t rees requi red to be used in cons t ruc t ing or m a i n t a i n i n g any such l ine of communica t ion or any works connected therewi th .

4. I t shall be lawful for such Super in tend ing Officer to cause to be set u p or laid down and main ta ined any works necessary for t h e purposes of th i s Ac t u p o n or unde r and t h r o u g h any land whatsoever or any shore of t he sea or any road or wa te r and to break excavate a n d remove any soil to any extent and dep th requ i red for p lac ing or r emoving such works Provided t h a t every wire or cord crossing any road or wa te r above t h e surface shall be at least e ighteen feet from such surface and t h a t t h e free use of any such land shore road or wa te r shall n o t be obs t ruc ted more t h a n is absolutely necessary for

5. I t shal l be lawful for such Super in tend ing Officer whenever it shal l be necessary for cont inu ing or comple t ing any such l ine of communica t ion to cause any wire or cord to be suppor ted by affixing or annex ing t h e same to upon or against any pa r t of any house bu i ld ing or o ther erect ion whatsoever in any city t o w n village or o ther place in the Colony Provided tha t such wire or cord shall in every such case be e ighteen feet a t t h e least from the surface of t he ea r th on which such house bui ld ing or o ther erection shall be s i tuate .

6. I t shall be lawful for the Governor w i th the advice aforesaid to fix t he fees and dues to be received for t he t ransmiss ion and delivery of every despatch message or o ther communica t ion by any such l ine unde r th i s Act and to m a k e all necessary rules respect ing t h e same and generally for t he managemen t of all such l ines A n d al l such fees and dues m a y be legally demanded and recovered and all such rules shall have t he force of law when respectively publ ished in t h e Government Gazette Provided t h a t all such ru les shall be laid

before both Houses of t he P a r l i a m e n t of t he Colony wi th in four teen

days after t he m a k i n g thereof if the Pa r l i amen t be t h e n s i t t ing or wi th in fourteen days after t he commencement of t he nex t Session

thereof if t h e Pa r l i amen t be not t h e n si t t ing.

7. Al l fees and dues received unde r th i s Act shall be paid over to t he Colonial Treasurer and be by h i m carr ied to t he Consolidated Revenue F u n d of t he Colony.

8. Al l messages shall be t r ansmi t t ed and delivered in t he order in which t hey are received by the M a n a g e r or o ther officer in charge

of t h e s ta t ion a t which they shall be received Excep t t h a t messages re la t ing to t h e arrest of cr iminals t he discovery or prevent ion of crime or any o ther m a t t e r connected wi th the admin i s t ra t ion of jus t ice and

all Gove rnmen t despatches when so requ i red shal l have pr ior i ty over

all o ther messages A n d every officer offending aga ins t th is section shall be liable to a penal ty not exceeding twen ty pounds to be recovered

before any two Jus t i ces .

9. Eve ry officer clerk or other person employed in work ing any l ine who shal l divulge t h e contents or substance of any pr iva te or secret despa tch message or o ther communica t ion t r ansmi t t ed or in tended to be t r ansmi t t ed b y any such line shall on conviction before any two Jus t i ces be liable for every such offence to a fine not exceeding one hund red pounds or to be imprisoned wi th or wi thou t h a r d labor for

any per iod n o t exceeding six m o n t h s .

10. E v e r y person who shall wilfully cut or otherwise sever any wire or cord or so damage any p a r t of t h e works connected wi th any such l ine of communica t ion as to p reven t t he pass ing of t h e electric cur ren t shall be deemed gui l ty of a misdemeanor and shall be l iable to fine or impr i sonment w i t h or wi thou t h a r d labor a t t h e discretion of
t h e Cour t	adjudicat ing.

1 1 .    Every person who shall wilfully obs t ruct t he m a k i n g of any

works unde r th is Ac t or in jure t h e same or i n t e r rup t or impede the use of any l ine or t he t ransmiss ion of any message along any l ine shall on convict ion before any two Jus t i ces be liable to a fine not less t h a n five pounds nor more t h a n one h u n d r e d pounds or to be imprisoned
w i t h or w i thou t h a r d labor for any period no t exceeding six mon ths .

12. A n y person whosoever may wi thou t w a r r a n t apprehend any

other person found offending against any of t he provisions of the last two preceding clauses of this A c t and deliver h im to some Constable or convey h i m before some Jus t i ce to be dealt w i th according to law A n d every person obs t ruc t ing or res is t ing any o ther person while ac t ing in execut ion of any of t h e provisions of th i s Ac t shall on con­ vict ion before any two Jus t i ces be l iable to a fine not exceeding twenty pounds or to be imprisoned wi th or wi thou t h a r d labor for any period

no t exceeding two mon ths . 13 .

13 .    E v e r y person caus ing damage to any l ine of communica t ion

or any works connected therewi th a l t hough he m a y have been f ined or been sentenced to impr i sonment u n d e r th i s Act shall also be liable to

m a k e good such damage t h e a m o u n t whereof shall be de te rmined b y

t h e Jus t i ces impos ing t h e pena l ty or sen tenc ing to t h e impr i sonment and such damage if no t pa id on demand may be levied in m a n n e r pro­ vided by the Jus t i ces Ac t of 1850.

14. Every pr iva te owner of any land house or other bu i ld ing and every o ther person who shall incur or suffer any loss or damage by a n y t h i n g done unde r t he provisions and for any purpose of th i s Ac t shall be ent i t led to compensat ion for t h e same to be set t led by two or more Jus t i ce s in P e t t y Sessions assembled a t a hear ing of which fourteen days not ice a t t h e least shall have been given by the c la imant to such Supe r in t end ing Officer a n d upon t h e appearance of such Super in tending Officer or some person on his behalf or otherwise upon proof of the service of such notice i t shall be lawful for such Jus t i ces to hea r and de te rmine t he claim and to sett le and award t h e

a m o u n t of compensat ion to be allowed to such c la imant .

15 . I f t he possession of any l and not be longing to t h e Crown

shall become necessary for any purpose of th i s Ac t i t shall be lawful for such Super in tend ing Officer to proceed in l ike m a n n e r as is p ro­ vided for enabl ing t h e Commissioners of Rai lways to purchase or otherwise procure any l ike l and for any purpose of t h e A c t of Council e igh teen th Victor ia n u m b e r forty and t h e several provisions of t h e said A c t applicable to any like case shall so far as m a y be pract icable be deemed applicable and may and shall be applied to every such case under th i s A c t and shall be of l ike force as if contained herein a n d as if such Super in tend ing Officer had been named in the said Ac t instead of t h e said Commissioners.