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58 G. 3. c. 45.

59 G. 3. c. 134.

3 G. 4. c. 72.

5 G. 4. c. 103.

7 & 8 G. 4. c. 72.

1 & 2 W. 4. c. 38.

2 & 3 W. 4. c. 61.

7 W. 4. &

1 Vict. c. 75.
1 & 2 Vict.
c. 107.

2 & 3 Vict.
c. 49.

3 & 4 Vict. c. 60.

7 & 8 Vict. c. 56.

8 & 9 Vict. c. 70.

9 & 10 Vict.

c. 88.

9 & 10 Vict.

c. 68.

11 & 12 Vict.

c. 37.

11 & 12 Vict.

c. 71.

14 & 15 Vict.

c. 97.

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CA P. XIV.

An Act to continue Her Majesty's Commission for
building new Churches.
[12th May 1854.]
WHEREAS the following Acts have been passed for
building and promoting the building of additional
Churches in populous Parishes in England, and are commonly
referred to as the Church Building Acts; (that is to say),
an Act of the Fifty-eighth Year of King George the Third,
Chapter Forty-five; an Act of the Fifty-ninth year of King
George the Third, Chapter One hundred and thirty-four; an
Act of the Third Year of King George the Fourth, Chapter
'Seventy-two; an Act of the Fifth Year of King George the
Fourth, Chapter One hundred and three; an Act of the
Session holden in the Seventh and Eighth Years of King
George the Fourth, Chapter Seventy-two; an Act of the
'Session holden in the First and Second Years of King
William the Fourth, Chapter Thirty-eight; an Act of the
'Session holden in the Second and Third Years of King
William the Fourth, Chapter Sixty-one; an Act of the
'Session holden in the Seventh Year of King William the
• Fourth and the First Year of Her Majesty, Chapter Seventy-
'five; an Act of the Session holden in the First and Second
Years of Her Majesty, Chapter One hundred and seven; an
Act of the Session holden in the Second and Third Years of
Her Majesty, Chapter Forty-nine; an Act of the Session
holden in the Third and Fourth Years of Her Majesty,
Chapter Sixty; an Act of the Session holden in the Seventh
and Eighth Years of Her Majesty, Chapter Fifty-six; an
Act of the Session holden in the Eighth and Ninth Years
' of Her Majesty, Chapter Seventy; an Act of the Session
holden in the Ninth and Tenth Years of Her Majesty,
Chapter Eighty-eight; an Act of the same Session, Chapter
Sixty-eight; an Act of the Session holden in the Eleventh
and Twelfth Years of Her Majesty, Chapter Thirty-seven;
'an Act of the same Session of Parliament, Chapter Seventy-
one; and an Act of the Session holden in the Fourteenth
and Fifteenth Years of Her Majesty, Chapter Ninety-seven:
And whereas by the said Act of the Fifty-eighth Year of
King George the Third it was enacted, that it should be
lawful for His Majesty by Letters Patent to appoint such
Persons as His Majesty should deem fit to be His Com-
'missioners for carrying into execution the Purposes of the
said Act, and that the said Commission should continue in
force for the Term of Ten Years from the Date thereof, unless
His Majesty should think fit sooner to alter or revoke the
same: And whereas by the said Act of the Seventh and
Eighth Years of King George the Fourth the said Com-
mission was continued in force for the Term of Ten Years
from the Twentieth Day of July One thousand eight hundred
and twenty-eight, unless His Majesty, His Heirs or Suc-

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cessors, should think fit sooner to revoke the said Commission: And whereas by the said Act of the Session holden in 'the Seventh Year of King William the Fourth and the First "Year of Her Majesty it was enacted, that the Persons then 'appointed to be His Majesty's Commissioners for building New Churches, or thereafter to be appointed to be Her Majesty's Commissioners for building New Churches, should continue to be such Commissioners, and that the Name and Style of the said Commissioners should be "Her Majesty's ⚫ Commissioners for building New Churches," and that the said 'Commission should continue in force for the Term of Ten Years from the Twentieth Day of July One thousand eight hundred and thirty-eight, and thence unto the End of the 'next Session of Parliament, unless Her Majesty should think 'fit sooner to revoke the said Commission: And whereas by 6 the said Act of the Eleventh and Twelfth Years of Her Majesty, Chapter Seventy-one, the said Commission was 'continued in force until the Twentieth Day of July One 'thousand eight hundred and fifty-three, and thence to the End of the then next Session of Parliament, unless Her Majesty should think fit sooner to revoke the said Commis'sion: And whereas it is expedient that the said Commission 'should be further continued as herein-after mentioned:' 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, That the Persons now or hereafter Commissioners to be appointed to be Her Majesty's Commissioners for build- for building ing new Churches shall continue to be such Commissioners, continued. and the said Commission shall continue in force until the Twentieth Day of July One thousand eight hundred and fiftysix, unless Her Majesty shall think fit sooner to revoke the said Commission.

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CAP. XV.

An Act to empower the Commissioners of the Admiralty to construct a Tunnel between Her Majesty's Dockyard at Devonport and Her Majesty's Steam Factory Yard at Keyham, and to acquire certain Property for Her Majesty's Service. [2d June 1854.] WHEREAS it is expedient that the Commissioners for

executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland should be empowered to 'make and construct a Communication between Her Majesty's Dockyard at Devonport, and Her Majesty's Steam Factory Yard at Keyham, by means of a Tunnel, or partly by a Tunnel and partly by open Cutting, for the exclusive Use of Her Majesty's Service, and that the said Commissioners should be [No. 10. Price 2d.] ' empowered

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8 & 9 Vict. c 18. incorporated with this Act.

Inetrpretation of Terms.

Powers for constructing the Tunnel.

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empowered to acquire the Fee Simple of all such Portions of the said Dockyard at Devonport, and the Use in perpetuity of the Roadways, Ways, and Passages in connexion therewith, the Fee Simple of which may not now be vested in Her Majesty, or in the said Commissioners in trust for Her Majesty, Her Heirs and Successors, for the Public Service, and also the Fee Simple of certain Lands at or near the Entrance of the said Steam Factory Yard at Keyham, mentioned or referred to in the Second Part of the First Schedule to this Act, whether such Lands may or may not be required for the said Tunnel;' and as such Objects cannot be effected without the Aid and Authority of Parliament, 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:

I. The several Provisions of "The Lands Clauses Consolidation Act, 1815," shall, so far as the same may be applicable to and are not inconsistent with or modified by the Provisions of this Act, be incorporated with and form Part of this Act, and shall be applicable to the Purposes aforesaid.

II. For the Purposes of this Act the Word "Lands," where used in the "Lands Clauses Consolidation Act, 1845," and in this Act, or either of them, shall extend to Messuages, Lands, Tenements, and Hereditaments of every Tenure, and to the Right and Privilege of making and acquiring the said Communication, with Shafts and Entrances thereto, and the Space or Portion of Ground required, and which may be purchased or acquired for the same, and to all such Portions as aforesaid of Her Majesty's Dockyard at Devonport, and the free Use in perpetuity of the Roadways, Ways, and Passages held therewith, and all other Lands, Rights, and Property, Estates and Interests, which the said Commissioners are hereby empowered to purchase or acquire; and the Words " Commissioners of the Admiralty," where used in this Act, shall mean any Two or more of the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland for the Time being; and the Word "Tunnel,” where used in this Act, shall mean any communication between Her Majesty's Dockyard at Devonport and Her Majesty's Steam Factory Yard at Keyham in the County of Devon, whether the same be made solely by a Tunnel or solely by open Cutting, or partly by a Tunnel and partly by open Cutting; and the Commissioners of the Admiralty shall be and be deemed to be the Promoters of the Undertaking.

III. Subject to the Provisions of this Act, it shall be lawful for the Commissioners of the Admiralty and they are hereby authorized and empowered, if they think fit, to make and construct a Tunnel for the exclusive Use of Her Majesty's Service between Her Majesty's Dockyard at Devonport and Her Majesty's Steam Factory Yard at Keyham aforesaid,

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according to the Plans and Sections thereof deposited with the Clerk of the Peace for the County of Devon, with Shafts, Entrances, and other necessary Works thereto, or any Portion of such Tunnel and Works, and to lay down and work a Railway or Railways in the said Tunnel or otherwise use the same Tunnel, and for that Purpose to purchase or otherwise acquire the Right and Privilege of constructing such Tunnel and Works under, in, or through all or any of the several Lands delineated on the said Plans and mentioned or referred to in the Book of Reference deposited with the said Clerk of the Peace, and also the Space or Portion of Ground required for the same, and if necessary to purchase or acquire the Entirety of all or any of such Lands absolutely, and all Estates and Interests therein which are not now vested in the said Commissioners; and for the Purpose of constructing the said Tunnel and Works the said Commissioners are hereby authorized and empowered, subject to the Provisions of this Act, to dig, bore, and excavate in, under, or through all or any Houses, Lands, Buildings, Streets, Roads, Highways, Railways, Tramways, Rivers, Brooks, Streams, Canals, Wells, Springs, Sewers, Drains, Waters, Watercourses, Mains, Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages under, in, or through which the said Tunnel, Shafts, Entrances, and other Works may be constructed, and also permanently or temporarily to stop or take up, divert, raise, and in any Manner alter all or any of such Streets, Roads, Highways, Railways, Tramways, Rivers, Brooks, Streams, Canals, Wells, Springs, Sewers, Drains, Waters, Watercourses, Mains, Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages which may interfere with the said Tunnel or the Construction thereof, the said Commissioners reopening, reinstating, or restoring as far and as soon as practicable, consistent with the Purposes of this Act, the said Streets, Roads, Highways, Railways, Tramways, Rivers, Brooks, Streams, Canals, Wells, Springs, Sewers, Drains, Waters, Watercourses, Mains, Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages which may be only temporarily diverted, taken, or stopped up, raised, or in any Manner altered under the Provisions of this Act, and, if necessary, constructing, making, and laying down other Streets, Roads, Highways, Railways, Tramways, Canals, Wells, Springs, Sewers, Drains, Watercourses, Mains, Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages for and in lieu of those which may be permanently stopped or taken up or permanently diverted: Provided always, that nothing in this Act contained shall enable the Commissioners of the Admiralty to sink any Shaft in or through the Surface of any public Street, Lane, or Passage across, through, or under which the said Tunnel shall pass; and wherever the present Levels of any Sewers shall be prejudicially altered by the Commissioners of the Admiralty, such Commissioners shall continue the new Levels to the present Outlets, or make new Outlets

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for

As to Deviation of Tunnel.

As to Compensation for Tunnel.

for such Sewers, so that such Sewers may not be obstructed or impeded in their Course to the Sea, by means of any Alteration therein which may be made by the said Commissioners; and to effect any such Objects the Commissioners of the Admiralty are hereby authorized and empowered to enter upon any Lands whatsoever for the Purpose of altering such Sewers, and to alter and construct Sewers and Outlets accordingly, making full Compensation to the Owners of such Lands for any Damage or Loss thereby sustained, the Amount of such Compensation to be settled and paid as Compensation for Lands required for the other Purposes of this Act; or the Commissioners of Devonport shall, on the Requirement of the Commissioners of the Admiralty, at any Time or Times, at the Cost of Her Majesty, Her Heirs and Successors, alter and construct such Sewers and Outlets as aforesaid, and during the Progress of the Works in, under, or across Moon Street hereby authorized the present Footways therein shall be retained as at present, or the Commissioners of the Admiralty shall construct, and during the Execution of such Works in such Street maintain, on either Side of the said Street, a good and efficient Footway through such Street for its Inhabitants and other Passengers.

IV. If the Commissioners of the Admiralty shall deem it expedient to make any Deviation from the Line or Level of the said Tunnel as delineated and shown on the said Plans and Sections, it shall be lawful for the said Commissioners and they are hereby empowered to make such Deviation, provided the same shall not extend beyond the Limits of Deviation defined upon the said Plans; but, with the previous Consent of the Owners of the Lands thereby affected or interfered with, it shall be lawful for the said Commissioners to make any Deviation which they may deem expedient.

V. Before the Commissioners of the Admiralty, or any Person or Persons employed by them or acting under their Authority, shall, for the Purpose of forming or excavating the said Tunnel, Shafts, Entrances, and other Works, bore or dig in, under, or through any Lands, Dwelling Houses, or Buildings not now vested in them, the said Commissioners shall, if required by the Owners or Lessees thereof respectively, purchase, by Agreement or by Arbitration, or by the Assessment of a Jury, as directed by the "Lands Clauses Consolidation Act, 1845," the Estates and Interests of the Parties making any such Requisition in the Dwelling Houses so to be bored or dug in or under, or, at the Option of such Owners or Lessees, make Compensations for the Space or Portion of Ground thereunder required for the said Tunnel, and for the Damage done or to be done to such Dwelling Houses or to their Interests or Estates therein; and in the Case of any other Buildings not being Dwelling Houses, and of Lands not having any Building thereon, so to be bored or dug in or under, the said Commissioners shall, if required by the Owners or Lessees thereof, make Compensation (to be ascertained by the Ways

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