26 & 27 Vict., Cap. 112.

Interpretation of Terms.

Act shall relieve any such Company from any Obligation or Liability under any Agreement made before the passing of this Act, or shall make lawful any Work constructed by the Company before the passing of this Act which is the Subject of any Proceedings at Law or in Equity pending at the passing of this Act, or which has been constructed without such Consent as was required for the Construction thereof before the passing of this Act.

3. In this Act-
The Term" the Company means any Company to be
hereafter authorized as aforesaid (herein-after dis-
tinguished by the Term "future Company "), or any
Company already so authorized (herein-after dis-
tinguished by the Term "existing Company "): (a)
The Term "Telegraph" means a Wire or Wires used
for the Purpose of Telegraphic Communication, with
any Casing, Coating, Tube, or Pipe inclosing the
same, and any Apparatus connected therewith for
the Purpose of Telegraphic Communication:
The Term "Post" means a Post, Pole, Standard, Stay,
Strut, or other aboveground Contrivance for carry
ing, suspending, or supporting a Telegraph:
The Term "Work" includes Telegraphs and Posts:
The Term "Street" (b) means a public Way situate
with a City, Town, or Village, or between Lands con-
tinuously built upon on either Side, and repaired at
the public Expense, or at the Expense of any Turn-
pike or other public Trust, or ratione tenuræ, in-
cluding the Footpaths of such Way, and any Bridge
forming Part thereof:

The Term "public Road" (b) means a public Highway
for Carriages being repaired at the public Expense,
or at the Expense of any Turnpike or other public
Trust, or ratione tenure, and not being a Street,
including the Footpaths of such public Highway, and
any Bridge forming Part thereof, and also any Land
by the Side and forming Part of such a public High-
way, but not including a Railway or Canal:
The Term " Body" includes a Body of Trustees or
Commissioners, Municipal Corporation, Grand Jury,
Board, Vestry, Company, or Society, whether in-
corporated or not; and any Provision referring to a
Body applies to a Person, as the Case may require :

(a) For extension of meaning in Telegraph Act, 1868, see note (a), p. 173.

(b) For extensions of meanings, see Telegraph Act, 1892, s. 3.

The Term "Person" includes Corporation Aggregate 26 & 27 Vict., or Sole: ***

***

Cap. 112.

6. Subject to the Restrictions and Provisions herein- General after contained, the Company may execute Works as Description

follows:

(1.) They may place and maintain a Telegraph under any Street or public Road, and may alter or remove the same:

(2.) They may place and maintain a Telegraph over, along, or across any Street or public Road, and place and maintain Posts in or upon any Street or public Road, and may alter or remove the

same:

(3.) They may, for the Purposes aforesaid, open or break up any Street or public Road, and alter the Position thereunder of any Pipe (not being a Main) for the Supply of Water or Gas:

(4.) They may place and maintain a Telegraph and Posts under, in, upon, over, along, or across any Land or Building, or any Railway or Canal, or any Estuary or Branch of the Sea, or the Shore or Bed of any Tidal Water, and may alter or remove the same:

Provided always, that the Company shall not be deemed to acquire any Right other than that of User only in the Soil of any Street or public Road under, in, upon, over, along, or across which they place any Work.

7. In the Exercise of the Powers given by the last foregoing Section the Company shall do as little Damage as may be, and shall make 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, respectively, and any Act amending those Acts, for the Determination of the Amount and Application of Compensation for Lands taken or injuriously affected.

8. In the Exercise of the aforesaid Powers, the Company shall also be subject to the following Restrictions: (1.) They shall cause as little Detriment or Inconvenience as Circumstances admit to the Body or Per

(a) See also Telegraph Act, 1878, s. 7, final paragraph, p. 323.

of Works
which a

Telegraph
Company

may execute
subject to the
Restrictions of
this Act.

Provision as to Compensation.

Provision as

to Gas and Water Pipes.

(a)

26 & 27 Vict., Cap. 112.

son to or by whom any Pipe for the Supply of Water or Gas belongs or is used:

(2.) Before they alter the Position of any such Pipe
they shall give to the Body to whom the same
belongs Notice of their Intention to do so, speci-
fying the Time at which they will begin to do so,
such Notice to be given Twenty-four Hours at
least before the Commencement of the Work for
effecting such Alteration:

(3.) The Company shall not execute such Work except
under the Superintendence of the Body to whom
such Pipe belongs, unless such Body refuses or
neglects to give such Superintendence at the Time
specified in the Notice for the Commencement of
the Work, or discontinues the same during the
Work; and the Company shall execute such Work
to the reasonable Satisfaction of such Body:
(4.) The Company shall pay all reasonable Expenses to
which such Body may be put on account of such
Superintendence:

And the Body to whom any such Pipe belongs may, when
and as Occasion requires, alter the Position of any Work
of the Company already constructed, or to be hereafter
constructed, under. in, or upon a Street or public Road,
on the same Conditions as are by the last foregoing and
present Sections imposed on the Company in relation to
such a Body, mutitis mutandis. (a)

**

Underground 11. Every underground Tube or Pipe of the Company Tubes to have shall be so marked as to distinguish it from Tubes or distinguishing Pipes of every other Company.

Mark.

Where

Landowner, &c. is liable

to Repair of Street, &c.

Company not

to place Works in such Street, &c. without Consent.

13. Where any Landowner or other Person is liable for the Repair of any Street or public Road (notwithstanding that the same is dedicated to the Public), the Company shall not place any Work under, in, upon, over, along, or across such Street or public Road, except with the Consent of such Landowner or other Person, in addition to the Consent of the Body having the Control of such Street or public Road, where under this Act such last-mentioned Consent is required: ***

(a) See also Telegraph Act, 1878, s. 7, final paragraph, p. 323.

27 & 28 Vict., Cap. 96.

SALE OF GAS (SCOTLAND) ACT,

1864.

27 & 28 Vict., Cap. 96. An Act to enable certain Royal and Parliamentary Burghs in Scotland to avail themselves of the Provisions of the Acts Twenty-second and Twenty-third Victoria, Chapter Sixty-six, and Twenty-third and Twentyfourth Victoria, Chapter One hundred and fortysix, for regulating the Sale of Gas. (a)

[29th July 1864.] [Preamble and introductory words repealed by Statute Law Revision Act, 1893.]

1. The Magistrates of any Royal Burgh whose ordinary Jurisdiction has been extended beyond the Bounds thereof by Act or Acts of Parliament, or of any Parliamentary Burgh having a Population of Twenty thousand, in which Burgh the said Acts have not been brought into operation, may, at any Meeting to be called for the Purpose, resolve that the Provisions of the said recited Acts shall be applicable to the whole District subject to their Jurisdiction on and after a certain Date to be fixed by them, and on the said Resolution being come to the Magistrates shall publish the same and make Proclamation thereof at least Three Months before the said Date so fixed, and thereafter the said recited Acts shall apply to and may be enforced by the said Magistrates within the whole District subject to the Jurisdiction of the said Magistrates: Provided always, that where in the first-recited Act anything is required to be done within at specified Time after the passing thereof, such Time shall for the Purposes of this Act be calculated from the Date fixed in the said Resolution for the Provisions of the said recited Acts coming into operation with respect to such District.

Magistrates of certain Burghs their District may apply to Provisions of recited Acts.

(a) Short Title, "The Sale of Gas (Scotland) Act, 1864," See Short Titles Act, 1896, s. 1.

N

28 & 29 Vict., Cap. 83.

Commencement of Act

Certain
Sections of

24 & 25 Vict.
c. 70. repealed.

Limit of
Speed of
Locomotives
on Turnpike
Roads and
Highways.

LOCOMOTIVES ACT,

1865.

28 & 29 Vict., Cap. 83. An Act for further regu-
lating the use of Locomotives on Turnpike and
other Roads for agricultural and other Pur-
poses. (a)
[5th July 1865.]

[Preamble reciting Locomotive Act, 1861, and introductory words, repealed by Statute Law Revision Act, 1893.]

1. This Act *** shall cease and determine on the First of September One thousand eight hundred and sixtyseven (b).

[Words omitted from s. I repealed by Statute Law Revision Act, 1893.]

2. After the Commencement of this Act and so long as the same shall continue in force, the Fifth, Ninth, Eleventh, and Fifteenth Sections of the said recited Act, and all Orders made in pursuance of the said Fifth Section, are hereby repealed.

***

4. Subject and without Prejudice to the Regulations herein-after authorized to be made by Local Authorities, it shall not be lawful to drive any such Locomotive along any Turnpike Road or public Highway at a greater Speed than Four Miles an Hour, or through any City, Town, or Village at a greater Speed than Two Miles an Hour; and any Person acting contrary thereto shall for every such Offence, on summary Conviction thereof, forfeit any Sum not exceeding Ten Pounds.

[5. Size and weight of Locomotives which may be used. Repealed, and new provision substituted therefor so long as this Act continues in force, viz., as to Scotland by Locomotives Amendment (Scotland) Act, 1878, ss. 2, 3, p. 317, and as to England by Highways and Locomotives (Amendment) Act, 1878, ss. 28, 33, pp. 328, 329.]

***

(a) Short Title, "The Locomotives Act, 1865." See s. 13, under which the Locomotive Act, 1861, and this Act are construed together as one Act. For exemption of certain light locomotives from application of this Act, see Locomotives on Highways Act, 1896, s. 1, p. 446.

(b) This Act has been continued in force from time to time by the Expiring Laws Continuance Acts, and was continued in force till the 31st December, 1902, by the Expiring Laws Continuance Act, 1901.