“But if such settlement is not come to with any such body, the following provisions shall take effect:
“(1.) The company may give to such body a notice specifying the depth, course and position which the company desires.
“(2.) If the body to whom such notice is given does not, within 28 days after the giving of such notice, give to the company a counter-notice objecting to the proposal of the company, and specifying the depth, course and position which such body desires, they shall be deemed to have agreed to the proposal of the company.
“(3.) In the event of ultimate difference between the company and such body, the depth, course and position shall be determined in England or Ireland by two Justices, and in Scotland by two Justices or the Sheriff” (26 & 27 Vic. c. 112, s. 10).
“Subject to any special stipulations made with a company by the body having the control of a street or public road, and to any determinations, orders, or directions of the Justices, or Sheriff, as aforesaid, where the company proceeds to open or break up a street or public road, the following provisions shall take effect.
“(1.) The company shall give to the bodies between whom respectively and the company the depth, course and position of a telegraph under such street or public road are hereinbefore required to be settled or determined, notice of their intention to open or break up such street or public road, specifying the time at which they will begin to do so, such notice to be given in the case of an underground work ten days at least, and in the case of an above-ground work five days at least before the commencement of the work, except in case of emergency, in which case notice of the work proposed shall be given as soon as may be after the commencement thereof.
“(2.) The company shall not (save in case of emergency) open or break up any street or public road except under the superintendence of the bodies to whom respectively notice is by the present section required to be given, unless such bodies respectively refuse or neglect to give such superintendence at the time specified in the notice for the commencement of the work or discontinue the same during the work.
“(3.) The company shall pay all reasonable expenses to which such bodies respectively may be put on account of such superintendence” (26 & 27 Vic. c. 112, s. 17).
It will be seen by the above section that the time required before the work is commenced after service of the notice is considerably longer than that for gas or water mains or for electric lighting wires, and subsection 3 authorises a payment for the services of the surveyor or other officer attending to superintend the work, which is not the case in the other Acts.
The next clauses are as follows: