Telegraphs Act 1857 (SA)

AKNO VICESIRIO I'RIMO

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+,IIE-fS it is cxpedicnt to provide for the constrnction, p r a ~

W"" est,zblishment, mnintcnnilcc, and protection of lines of comrriu- iiication by electric trlrgraph, in South Australia-BC i t tllcrcfore

Enactcd, by the G uve~mw-in-Clhicf of'tllc Province of South Australia,

by and \rith tlrr ndrricr and consent of tlic 1,vgislatire Com~ril and IIousc of Assembly of tlw snid Province, in this prwcnt Parliament

s sscinblcd, as follows:

1, From and aftftcr the passing of this Art, cvcry line of coinmu- ~le5cnt and f ~ ~ t u r e

1i11c.i to br s u b j. ~ t to

nication by electric telccw h constructrrl or to be constrnctcd in the .lct, and ,,

said Province, at the pulnhc expense, shall be mder and subject to ~ ~ 1 1 1: ~ ~ ~. ?

thc scvcml provisions of this Act, and the several ~ d c s and regula-

tions hcrcby authorized to bc inacle as bercinnfter mentioncrl.

2. I t shall be laxvf'ul for the Govcrnor with the advice and coilsent Gorc.lnor-in-Cl)ief m,lv appuint and re-

of the Executive Council to appoint a propcr person to supcrintextd ,no;c Supcrintcnilent,

the constl.uction, &nUish~-tmt, rnana~rement, ixiaintcnance, an (l pm- mnd oscers,

tection of lines of rorr~munication of electric telcgrul)h, and such P

other officers, clerks, and servants as may bc xreccssary; and wach

person, officers, clwks, and servants, from time to time to reiirove

and appoint others h1 their stead; such person, officers, clerks, and servants to be under the control of the Conimissioner of Public Works.

3. It shall bc lawful for any person so appointed by the (:overnor, or P0w.r to ca te r on

land.

acting under his authority, to entcr into and llyon any lantls in the

snid Province, for any of the purposes of this Act.

G 4. It

Tele@aph posts lnay

be set up, &c.

4. It shall be lawful for any such person to elwt, set up, and inaintain all nlasts or posts for the supporting of ally cord or wire of any such line in and upon any of the lmds of the Crown, any shore of the sea, and any r o d, and to make all nccclful and necessary ex- cavations in the same for erecting or placing such masts or posts, ancl also for laying down subterranean lincs of cornlnunication: Pro\-ided that every cord or mire of ally such line, if abovc the surface crossing any road, be placed at least sixtccn fcct from thc gyound; and that the free use and enjoyment of any road, ancl thc n a ~ i g & m of any inlet, bay, river, creek, or lake, over, along, across, or underneath ~ d ~ i c l l

any such cord, or wire, or line of culnii~unicatio~~ illay pass be not hindered or obstructed furthcr than is a1)solutely nccessury for tlie proper construction, establishwucilt, and maintenancc of any such line of communication.

Power for G o ~ r n o r

to makc rulcs, &c.

5, It shall be lawful fbr the Govcnior with the* uclvicc and cuiiscnt

of the Esccutive Coullcil to makc rulcs and regulations upl~ointing

the amount of fees, rates, or clucs, to be drlrlandcd or rec.ei\ c 4 for

the trailsrnissioii or con^-t:yancc of m y tlcspatclr, 1ncss.j v or ~om11 l I J - 6 .'

nicatiou, by nrcans of any such line, and for thc clue dtl ivc~y thvrcof respectively, and for copies of any such clespstch, lncwgc, or ~0111- munication; and also for the transmission arid convrpnnce of al l dcspatcllcs, messages, 01. communications, h J' nwans of any s w h line, and for tlie payrncilt of such fces, mtcs, nncl tlncs, and generally for the conduct, manilgerncnt, working, a i d nluintenance of an^' such line of conunnnication; and any such rule, or rcgulution, to rcpeal, alter, or T~~LI'Y, and make such others as may be clecii~cd cspc- dient: Proviclecl that a copy of every such rule, or regulation, shall be publishccl. in the I';nztlh Australim Gozw~anzc~lt G'cxzette, ancl shall be laid before tlie Parliament, if then sitting, or within one month after the commencement of tllc lxxt cnsuing Scssicm thereof; if ilot then sitting.

Paym211t of r ~ %

6. All such fees, rates, or ducs, so to bc nppoilltd as nforrsnid, shall be paid to snch person, at such placc, a i d in such irlunner, as

5 * 3-1

may be directed in such rulcs and regulations as aforesaid; and, in	case of refusal or neglect of paynlerit of any such fee, rate, or due,
or any part thereof, on clcmand, to the person appointed to receive the same, such person nmy suc for a i ~ l recover the same in any Court of competent jurisdiction.

Il[eqqca, Cr., 1 1 0 ~ to 7. I t shall be the duty of any such person, atrcl of all officers, ser-

be trarlsmittd.

vants, or workmen, employed in thc working or opel~tting of any such line of conln~unication, to transmit all nwssages, dcspatchw, or communicatioas, in the ordcr in which thcp arc reccivccl, under a penalty of not less than One Pound nor esceedirlg Fifty Pounds: Provided that any messye in rclation to the arrest of criminals, the discovery or prevention of crime, or any other matter coanectecl with tllc ailministratioil of justice, and all Goz-cmnzent messages, or despatches, shall be tralismittcd in preference to any other message or despatch.

8. Any

8. Any person who shall wilfully in any way disturb, obstruct, or interrupt, the free use or working of any such line of communication,	tclegaph or works, Pcudty for injuring
or stopping linc, &c.
or. any works incidental ttl-icrcto, or connected thrcwith, or shall wilfully attach any string, wire, or any conductor, or other thing, to any line of coinnnmication, or any part thereof, without the authority of tlle snperintendent of the said line, or shall obstruct, hinder, or
prevent the forming, constructing, completino and maintaining any	such line of communication, or any part thereof, shall, on conviction, by
forfeit a sum not less than Five Pounds nor more than One Iiundred Pounds, or be imprisoned, with hard labor, for any period not cscccding six calendar months, at the discretion of the Justices acljndicating.
Sccrcsy.

9. ~ i n y officer, clerk, operator, or other person employed in the

working of any such line as aforesaid, divulging. the contents of any messngr, despatch, or communication, transrnlttcd or conveyed, or to bc transmitted or convcycd by any such linc, without the consent of thc pcrson senciing or receiving such message, despatch, or com- munication, shall, on conviction, be liable to a fine not exceeding One I I~~ndrcd Pounds, or be imprisoned with llard labor for any p c h d not esceeclirig six months, at the clisr:retion of the Justices xcljuutlica ting.

10. I t shall bc 1awf1d for any person \vhosoever, with or without Apllrchcnsion of offenders.

warrant, to appe'hrnd any ~CI'SOTXL who sh:xll luc foimd offending

against anv of the provisions of this ,4ct, and to deliver him to some constable, 'or to convey llim before soinc Jnsticc of thc Peace, to bc dralt with according to law; and any person resisting any pcrson acting in execution of the pro~isioui of this Act, shall be liable, on con1 iction, to a pmalty not cxcceding 'Twenty Pormds, or to irnpri- sorinlent with hard labor for any period not exccciling two months.

11. All proceedings under this Act shdl be hacl and taken in a W& of form. NO crrtiol an'.

summary way, and no such procce~lings shall bc quashed for want

of form, or rcinoved, by certiorari or othcrwisc, into the Supreme Court; and evcry conviction or cominitmcnt for any offence undcr

this Act, in which such offcncc shall be set forth in the words of the

Act, shall be valid and sufficient; and in any information or other proccecling, it shall be sufficient to state any propcrty of any such line as aforesaid, or any past thereof, or of any work connccted therewith, to belong to and to lay it in any such Superintendent as aforesaid: Provided that in case of any actjuclication in which the pemlty inflicted shall exceed Ten Founds, or the imprisonment awarrlecl shall exceed fourteen days, any person aggrieved by such adjudication may appcal against the same.

12. All fees, rakes, and dues, received undcr the provisions hereof, Appropriation.

s1;11all he paid to Her Majesty, Her heirs, and successors, for the public uses of the said Province, and in support of the Government thcreof, and all fincs and penalties recovered under this Act shall be paid,one- half to IIer Illajesty, Her heirs and successors, for the uses aforesaid,

and

and the other half to the informer, or party prosecuting, who shall

in all cases be deemed a competent witness.

Intcr@ation 13. In the construction of the provisions of this Act, the word

" R o a d shall mean any public road, highway, stxcet, lane, squaw, or

passage.

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Adclaide Printcd by authority, by TV. C. Cos,