or person (within the meaning of The Telegraph Act, 1863) having power under the said Act to give or withhold their consent to the PostmasterGeneral placing telegraphs and posts (within the meaning of the said Act) in, under, upon, along, over, or across a street or public road, or any estuary or branch of the sea, or the shore or bed of any tidal water, or where any proprietors, lessees, directors, or persons having the control of any railway or canal (within the meaning of the said Act), and having power under the said Act to give or withhold a consent to the Postmaster-General placing telegraphs and posts under, in, upon, along, or across such railway or canal, fail within twenty-one days after being required to do so by the PostmasterGeneral to give their consent, or attach to their consent any terms, conditions, or stipulations to which the Postmaster-General objects, or withdraw a consent, a difference shall be deemed to have arisen between the Postmaster-General and such body or person, proprietors, lessees, directors, or persons (as the case may be), and that difference shall be determined in manner hereinafter provided, and the authority by whom the difference is to be determined may, if after hearing all parties concerned they think it just, give their consent either unconditionally or subject to such pecuniary or other terms, conditions, and stipulations as they may think just; and that consent shall for all purposes be of the same effect as if it were a consent given under The Telegraph Act, 1863, to the Postmaster-General by such body or person, proprietors, lessees, directors, or persons.

V. General provisions as to arbitration.-The differences so required to be referred by the last preceding section to the Railway Commissioners and all other differences under this Act, except a difference between the PostmasterGeneral and any body or person having any right, power, jurisdiction, or control in, over, or relating to any estuary or branch of the sea or the shore or bed of any tidal water, shall be referred to and shall be determined by the Railway Commissioners for the time being; and every difference referred to them under this Act shall be conducted by the Railway Commissioners in the same manner as any other proceeding is conducted by them under the Acts relating to those commissioners; and it shall be the duty of the Railway Commissioners, and they are hereby empowered, to undertake and determine any difference referred to them under this Act; and any difference between the Postmaster-General and any body or person having any right of property or other right, or any power, jurisdiction, or authority in, over, or relating to any estuary, branch of the sea, or the shore or bed of any tidal water shall be referred to and determined by the Board of Trade.

In the event of the Railway Commissioners ceasing to hold office, all differences directed under this Act to be determined by them shall be determined by the Board of Trade, and sections thirty to thirty-three, both inclusive, of The Regulation of Railways Act, 1868, shall apply to every difference to be determined under this Act by the Board of Trade, in like manner as if the Postmaster-General, undertakers, body, or person between whom that difference has arisen were companies within the meaning of those sections.1

1 See Wandsworth Local Board v. Postmaster-General (1884), 4 R. & C. T. Ca. 301. VI. Power of Postmaster-General to establish telegraphic lines on certain undertakings authorised by special Act of Parliament.-Where an Act of Parliament passed after the first day of January one thousand eight hundred and seventy-eight authorises the construction of any of the following undertakings, namely, any railway, canal, tramway other than street tramways, highway, bridge, railway or river embankment, subway, aqueduct over or

1878.

41 & 42 VICT. Cap. 76.

across a river, dock, harbour, or pier, it shall be lawful for the Postmaster-
General, by himself or his agents, to place and maintain telegraphic lines
in, under, upon, along, over, or across such undertaking, and from time to
time to alter the same, and he may from time to time, by himself or his
agents, enter upon any land or works of the undertakers for the purpose of
placing, maintaining, or altering any telegraphic line in pursuance of this
section, or of examining or repairing any line so placed, and may there
remain for such reasonable time, and execute and do all such works and
things, as may be necessary or convenient for the purposes aforesaid, but
shall not interfere with the traffic along or user of the undertaking, subject
to the following conditions:-

(1) In placing, maintaining, or altering such telegraphic lines no obstruc-
tion shall be caused to the traffic along or the user of such undertaking:
(2) The Postmaster-General shall, not less than one month before he
places any telegraphic line, give to the undertakers a notice specifying
the course and position of the proposed telegraphic lines, and if within
one month after such notice the undertakers object to the course or
position specified in the notice, and do not agree with the Postmaster-
General on some other course or position, a difference shall be deemed
to have arisen between the Postmaster-General and the undertakers:
(3) If any damage or injury be caused or any stoppage or delay be
occasioned to the works of the undertaking by the placing, repair, or
maintenance of such telegraphic lines, the Postmaster-General shall at
his own expense make good such damage or injury, and shall indemnify
the undertakers against any expense to which they may be put by
reason of any such damage, injury, stoppage, or delay:

(4) If the undertakers shall incur any additional expense by or in con-
sequence of the repair or maintenance of such telegraphic lines, the
Postmaster-General shall from time to time pay to the undertakers the
amount of such additional expense.

This section shall apply to the several railways over which powers were conferred upon the Postmaster-General by the Local Acts mentioned in the Schedule to this Act, and to the undertakers empowered by such Local Acts respectively.

Provided that so far as relates to any railways belonging to or leased or worked by any of the railway companies mentioned in section nine, or in the Schedule of The Telegraph Act, 1868, the powers of constructing, altering, or maintaining telegraphic lines by the Postmaster-General shall not be exercised if and so long as the said companies respectively are able and willing themselves to construct, alter, and maintain such telegraphic lines, and such construction, maintenance, and repair shall be upon the terms and conditions in the said Act or the agreements thereunder declared: provided also, that this section shall not affect any agreement between any undertakers and the Postmaster-General.

If any difference arises between the Postmaster-General and any undertakers in relation to the exercise of any power under this section, that difference shall be determined in manner provided by this Act.

VII. Provision as to work done in pursuance of special Acts of Parliament which involves alteration in telegraphic line.-Where any work proposed to be done in the execution of an undertaking authorised by an Act of Parliament involves or is likely to involve an alteration either temporarily or permanently in any telegraphic line of the Postmaster-General, and provision is not otherwise made by enactment, agreement, or otherwise with respect to such alteration or to giving notice to the Postmaster-General thereof or

to the expenses of or incidental thereto, the following enactments shall apply:

(1) The undertakers or their agents shall give to the Postmaster-General not less than seven nor more than fourteen days' previous notice of the time and place at which the work will be begun and the nature of the alteration required:

(2) Before the expiration of seven days after the notice is given the Postmaster-General may give the undertakers or their agents a counternotice either stating his intention himself to make, or requiring the undertakers to make under the supervision and to the satisfaction of himself or his agents, such alteration in the telegraphic line as he deems necessary or expedient to be made in consequence of the proposed work:

(3) If the Postmaster-General by his counter-notice states that it is his intention himself to make such alteration, it shall be lawful for such Postmaster-General by himself or his agents to make the same, and the undertakers or their agents shall pay to the Postmaster-General all the expenses incurred by him of and incidental thereto, and the amount of any loss or damage sustained by him in consequence thereof: (4) If the Postmaster-General by his counter-notice requires the undertakers or their agents to make such alteration, the undertakers or their agents shall, at their own expense, make the same under the supervision and to the reasonable satisfaction of the Postmaster-General or his agents, and the said undertakers shall pay to the PostmasterGeneral all the expenses incurred by him of and incidental to such supervision, also the amount of any loss or damage sustained by him in consequence of the alteration:

(5) If the Postmaster-General fails to give a counter-notice, or if having
undertaken himself to make the alteration he or his agents should
fail to make within a reasonable time the alteration, the undertakers or
their agents may themselves make the alteration to the reasonable
satisfaction of the Postmaster-General or his agents:

(6) If any undertakers or their agents fail to serve on the Postmaster-
General such notice as is required by this section with respect to any
work, or begin to do the work specified in a notice served under this
section before the expiration of seven days after the notice is given,
they shall be liable to pay a fine not exceeding ten pounds for every
day during which they continue such work without the sanction in
writing of the Postmaster-General, and the Postmaster-General may
at the expense of the undertakers remove such work :
(7) If any undertakers or their agents fail to comply with the reasonable
requirements of the Postmaster-General or his agents under this section,
they shall be liable to a fine not exceeding ten pounds for every day
during which such failure continues, or if the telegraphic communication
is interrupted, not exceeding fifty pounds for every day on which such
interruption continues:

(8) Provided that nothing in this section shall subject any undertakers
or their agents to a fine for omitting to comply with any requirements
of the Postmaster-General or his agents, or for executing without
previous notice any work if they satisfy the court having cognisance of
the case that any such requirement was unreasonable or that the
immediate execution of the work was required to avoid an accident, or
otherwise was a work of emergency, and that they forthwith served on
the postmaster or sub-postmaster of the postal telegraph office nearest

1878.

41 & 42 VICT. Cap. 76.

to the place where the work was done a notice of the execution thereof, stating the reason for executing the same without previous notice:

And where under section eight of The Telegraph Act, 1863, any body to or by whom any such pipe as in that section mentioned belongs or is used require that the position of any telegraphic line of the Postmaster-General or any part thereof should be altered, the enactments of the present section shall apply, and for such purposes any such body shall be deemed to be "undertakers."

VIII. Compensation and fine for injury to telegraphic line of the PostmasterGeneral and for interruption to telegraphic communication. Where any undertakers, body, or person, by themselves or by their agents, destroy or injure any telegraphic line of the Postmaster-General, such undertakers, body, or person shall not only be liable to pay to the Postmaster-General such expenses (if any) as he may incur in making good the said destruction or injury, but also, if the telegraphic communication is carelessly or wilfully interrupted, shall be liable to a fine not exceeding twenty pounds per day for every day during which such interruption continues.

Where the undertakers, body, or person liable to pay such daily fine as aforesaid to the Postmaster-General are not authorised to execute such works as may be required for remedying the interruption, the interruption shall be deemed to continue either for the time during which it actually continues or for such less time as in the opinion of the court having cognisance of the case would have been sufficient for remedying the interruption by the Postmaster-General.

The Postmaster-General may, instead of taking proceedings for the recovery of such daily fine as aforesaid, proceed for the recovery of a fine not exceeding fifty pounds, to which the undertakers, body, or person shall be liable on summary conviction.

An act done to a telegraphic line in the course of work undertaken by any undertakers, body, or person in the legal exercise of a right shall not be deemed to be wilful destruction of or injury to such telegraphic line, if due notice of the intended exercise of such right has been given to the PostmasterGeneral, that is to say, the notice required to be given in pursuance of any Act of Parliament or agreement, or where there is no Act of Parliament or agreement requiring such notice, fourteen clear days' notice.

This section shall be deemed to be in addition to and not in derogation of any other power or means which the Postmaster-General may have of recovering damages in respect of any such destruction or injury as in this section mentioned under any other Act of Parliament or at common law or otherwise, provided that he shall not proceed under this Act and under any other Act or law in respect of the same destruction or injury.

IX. Penalty for obstruction.-Where any undertakers, body, or person or their agents obstruct the Postmaster-General or his agents in placing, maintaining, altering, examining, or repairing any telegraphic line in pursuance of this Act, or of any consent given in pursuance of this Act, or in supervising or directing any alteration in any telegraphic line made by any undertakers or their agents in pursuance of this Act, such undertakers, bodies, or persons and agents respectively shall for every act of obstruction be liable to a fine not exceeding ten pounds, or in case such obstruction continues, ten pounds for every day during which the same continues.

XIII. Saving existing rights.-Nothing in this Act contained shall vary or prejudicially affect the rights or obligations subsisting at the time of the passing of this Act, of any railway or canal company, or of the Postmaster

General respectively, under the provisions of The Telegraph Acts, 1868 and 1869, or under any deed, agreement, or award made between any railway or canal company and the Postmaster-General, whether confirmed by or made in pursuance of The Telegraph Acts; and in regard to all railways and canals now existing or authorised, the provisions of The Telegraph Acts, 1868 and 1869, shall not be affected by this Act, except that the arbitrators on any difference between the companies and the Postmaster-General shall be those provided by this Act: provided always, that, notwithstanding the incorporation of The Telegraph Act, 1863, with The Telegraph Act, 1868, the provisions of The Telegraph Act, 1863, shall not be deemed to be provisions of The Telegraph Acts, 1868 and 1869, or either of those Acts, within the meaning of this section, or any part thereof.

1878.

THE EMPLOYERS' LIABILITY ACT.-43 & 44 VICT. CAP. 42.

AN ACT TO EXTEND AND REGULATE THE LIABILITY OF EMPLOYERS TO MAKE
COMPENSATION FOR PERSONAL INJURIES SUFFERED BY WORKMEN IN THEIR
SERVICE. [7th September 1880.]

Preamble. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 personal injury is caused to a

I. Amendment of law.-Where workman(1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer; or (2) By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence; or

(3) By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform, and did conform, where such injury resulted from his having so conformed; or

2

(4) By reason of the act or omission of any person in the service of the
employer done or made in obedience to the rules or bye-laws of the
employer, or in obedience to particular instructions given by any person
delegated with the authority of the employer in that behalf; or
(5) By reason of the negligence of any person in the service of the
employer who has the charge or controls of any signal, points, locomotive
engine, or train upon a railway, the workman, or in case the injury
results in death, the legal personal representatives of the workman, and
any persons entitled in case of death, shall have the same right of
compensation and remedies against the employer as if the workman had

4

1880.