Company not land without Board of required or in any manner legally or otherwise liable to make And be it enacted, that, simultaneously with the construc- 9 & 10 Vict. 7. Portcreek Viaduct. The 8 and 9 Vict., c. 199 (L. and P.), being an Act for making a railway from the Brighton and Chichester Railway to Portsmouth with a branch to Fareham, has these special provisions in it relating to lands in Widley, Wymering, and Portsea. (L. & P.) And whereas it is indispensably necessary that the fortifica- 8 & 9 Vict., to enter upon tions and defences at or near Portsmouth and Portsea should c. 199, s. 19 certain Crown be preserved from injury, and that the same should be in no respect affected by the said proposed railway; be it therefore enacted, that nothing in this Act contained shall authorize the said company to construct or carry the said railway across the Hilsea Lines, or to enter upon or possess or occupy any land or other property belonging to Her Majesty in the parishes of Widley, Wymering, and Portsea, or any or either of them, without the consent in writing of the principal officers of Her Majesty's Ordnance first given to the said company for the purpose; and in case such consent in writing shall be so given, the said company shall hold and occupy the said land and Company to property mentioned therein as tenants only, under and at a yearly rent to be fixed by the said principal officers, and the term, estate, or interest of the said company therein to be determinable by the said principal officers at any time as and when the public service shall in their opinion require the same, unless the said principal officers shall by some other writing or deed otherwise grant, convey, or assure such land and property. If consent granted, hold such land as tenants at a yearly rent. 8 & 9 Vict., c. 199, s. 20. Ibid, sec. 21. Ibid, sec. 22. upon the And be it enacted, that, notwithstanding anything in this No works to Act contained, it shall not be lawful for the company to con- be executed struct any erection or work of any kind whatsoever upon any Ordnance land belonging to Her Majesty in the parishes of Widley, property Wymering, and Portsea aforesaid, or either of them, until after except upon a plan apa plan and specification thereof shall have been submitted to proved by the the principal officers of Her Majesty's Ordnance, or their suc- Board of cessors, and their approval thereof shall have been signified in Ordnance. writing under the hand of the Secretary of the said principal officers for the time being. Ordnance may alter ex And be it enacted, that, notwithstanding any thing in this Board of Act contained, or the taking of any of the lands of Her Majesty for the purposes thereof, it shall be lawful for the said principal isting fortifi officers of Her Majesty's Ordnance, and their successors, cations and servants, and agents, from time to time and at all times here- add new ones, after, as and when they shall see occasion for the public service, railway and or destroy and without making any compensation to the company, to works for the construct upon any of the said lands and works of defence purposes of whatsoever, and to add to and improve or alter any of the existing works of defence, and also upon any such occasion, and for the purpose of defence, to remove in a summary way. and if need be to destroy, all or any portion of the railway and works hereby authorised to be constructed, without being required or in any manner, legally or otherwise, liable to make good the loss or damage to be occasioned by such removal or destruction or any part thereof.1 defence. works as the And be it enacted, that, simultaneously with the construc- Company to tion of the railway and works hereby authorised, the said execute such company shall construct, or at the option of the said principal Board of officers of Her Majesty's Ordnance shall defray the expense of Ordnance constructing, all such works as shall be deemed necessary by may require to prevent the Commanding Royal Engineer at Portsmouth, or in the prejudice to district, for the purpose of making good the defences of the lines the fortificawhich may be masked or in any manner interfered with by the tions. works of the railway, or in its approach to and passage through the fortifications at Hilsea and Portsea aforesaid; and all such works as shall be constructed for the purpose last, aforesaid shall be under the superintendence of the said Commanding 1 NOTE.-In December 1868 the construction of this Section came under the con- I., p. 2. sideration of the Law Officers, when they wrote as follows: We are of opinion that the powers which the Secretary of State for War is authorised to exercise by the 21st section of the 8 & 9 Vict., c. 199, for the " purposes of defence," are not to be limited, as contended for on behalf of the Company, to the case of active hostilities existing or being imminent, and that there is no foundation for the distinction taken between "defence" and "works of defence." But we think that the power given by the 22nd section of the Act to require the construction of works by the Company is limited to the time of the original construction of their railway. It follows, that although the Secretary of State for War cannot now directly compel the construction of any specific works by the company, he can compel it indirectly by destroying any works which he deems incompatible with the purposes of defence. We are therefore disposed to advise that he cannot be called upon to pay for any works which may be rendered necessary by such destruction, but that if he deems it beneficial or desirable that works shall be constructed beyond such necessity, it would not be unreasonable that he should contribute to their expense. Who to be deemed occupiers of Ordnance and the Gaol. Royal Engineer, and shall be executed to his satisfaction upon 8. Paving Commissioners (Portsmouth). On 27th July 1847, an Act for paving, &c., this town was 10 & 11 Vict. passed (10 & 11 Vict., c. 257, L. & P.) which enacted, that for c. 257, sec. 31. (L. & P.) premises be- the purposes of this Act the Storekeeper of Her Majesty's Fonging to the Ordnance at Portsmouth for the time being shall be deemed the occupier of all houses, lands, and hereditaments in the said town which are or may be under the charge of the MasterGeneral or Principal Officers of Her Majesty's Ordnance for the time being; and that it shall be lawful for the said Commissioners, in the rates or assessments so to be from time to time made by them as aforesaid, to rate and assess the Storekeeper of Her Majesty's Ordnance at Portsmouth for the time being, as the occupier of the respective premises of which they are hereby declared to be the occupiers respectively, according to the respective annual values thereof, and the sums so to be assessed upon them respectively as such occupiers shall and may be levied and recovered of them respectively in like manner as the rates or assessments herein authorised to be levied and recovered of any occupier of lands or houses within the limits of this Act, and be allowed to them respectively in their respective accounts as such Storekeepers respectively. Saving rights of Crown and Admiralty. Railway over Tands to be And be it enacted, that nothing in this Act contained shall Tbid, sec. 57. extend or be construed to extend to defeat, lessen, prejudice, derogate from, or affect any estate, right, title, interest, franchise, prerogative, jurisdiction, or authority of the Principal Officers of Her Majesty's Ordnance. 9. Stokes Bay Railway On the 14th August 1855 "The Stokes Bay Railway and 18 & 19 Viet. Pier Act, 1855" was passed, which enacts: That in carrying the said railway over the lands belonging to Her Majesty's Ordnance, the same shall be constructed upon a timber viaduct, and in accordance with a plan and section thereof, to be approved by the engineer for the time being of Her Majesty's said Board of Ordnance. 10. Exemption from Rates. On 13th July 1857 "The Landport and Southsea Improvement Act, 1857," 20 and 21 Vict., c. 37, was passed, and contains this exemption from local rates :— c. 192, sec. 22 (L. & P.) exempted No rate or assessment shall be made, levied, or collected by Certain virtue of this Act, upon or in respect of any ramparts and walls buildings belonging to or forming part of any fortifications within the from rates. limits of this Act, or in respect of any of the ditches or ground kept in an unproductive state in connection with such fortifications, or upon any custom house or other buildings or premises used by or for the use of the Crown in the service of the Customs.1 3 & 24 Vict., . 49, s. 1. 11. Colewort Barracks. Colewort The ground on which these barracks are erected was subject Rights of to rights of way for foot passengers from a point near the way through Landport Gate, and also from Warblington Street, at a point Barracks exopposite Nobb's Lane to Armoury Lane, but by the 23 and 24 tinguished. Vict., c. 49, it was enacted that from and after the 23rd July 1860, all rights of way through or over the said ground shall cease, and the said Secretary of State shall stop up or cause to be stopped up the said ways, and thereupon public notice shall be given of the stopping up thereof by advertisement in the "London Gazette," and in some local newspaper published or circulated in the county of Southampton, and shall be affixed on the outer door of the Town Hall or some other public place within the said borough. 1 This case arose in the Court of Queen's Bench, on 28th May 1864, as follows:— "The Queen v. The War Department and Meade, Barrack-Master of Southsea. "The question here arose as to the right of the Southsea Improvement Commissioners to rate Mr. Meade, the barrack-master of a fort at Southsea. The fort is on the sea, about three miles from Portsmouth, and it is a fort for defence of the realm, guarding one of the main entrances to the harbour of Spithead. The Improvement Act gives express power to rate the Royal Marine barrack-master as occupier of all houses and lands within the limits of the Act, which are, or may be, appropriated to the use of the Royal Marine or Marine Artillery, and there was only an exemption of any ramparts and walls belonging to or forming part of any fortifications within the limits of the Act, or in respect of any of the ditches or grounds kept in an unproductive state, in connection with such fortifications.' The Commissioners had rated the barrack-master, who had appealed to the Recorder of Portsmouth, Mr. J. D. Coleridge, Q.C., who reserved a case for the opinion of this Court. "Mr. M. Smith, Q.C. (with him Mr. Younge), argued in support of the rate; Mr. Phinn, Q.C. (with him Mr. Poulden and Mr. C. B. Russell), argued against it. "The Court were clear that it was valid. "The Lord Chief Justice remarked, in giving judgment, that it was rather novel to hear of such forts being rateable, but the words of the Act were such as to give the power of rating this fort, and the exemption clause was so drawn as not to embrace it; for, though ramparts and walls might be parts of a fort, a fort could hardly be called mere ramparts and walls; the ramparts and walls were mere accessories. "Mr. Justice Crompton and Mr. Justice Shee concurred. "Rate affirmed. "It should be stated that Mr. Justice Blackburn had left the Court in the middle of the day to sit elsewhere, and he was not present during the argument of the latter case." On passing of this Act Portsdown Fair, and the right to receive tolls, to cease. Providing for lines within Crown lands. 12. Portsdown Fair. This was held under a Charter of the 29th June 1716, for 25 & 26 Vict, c. 34. selling cattle and merchandise annually in the month of July, on certain land within the manor of Widley, in the county of Southampton. This land was purchased by the Secretary of State for the construction of works authorised by the Defence Act, 1860. Accordingly, by the 25 and 26 Vict., c. 34, it was enacted that from and after the 7th July 1862, the fair called Portsdown Fair, held under the said Charter in the manor of Widley, in the county of Southampton, for the selling of all and all manner of beasts and cattle, and of all manner of goods, wares, and merchandises commonly in fairs bought and sold, and the franchise of holding the same and of receiving tolls in respect thereof, shall absolutely cease, and no persons shall have any right to resort to or continue on the land on which the same fair has hitherto been held for any purpose connected with the said fair or in pursuance of any charter, custom, or right relating to such fair. 13. Joint (Portsmouth) Railways. On the 7th July 1873, "The Joint Portsmouth Extension c. 118, s. 4. (L. & P.) Railway No. 1. A railway one mile, six chains, and fifty 36 & 37 Vict., links in length, commencing in the parish of Portsea by a junction with the joint line near the Portsmouth terminus thereof near the north end of Blackfriars Road. passing thence through or over the glacis and the old fortifications, and through or over the Old Gun Wharf of Her Majesty's War Department, and thence by means of a pier or viaduct over or upon the foreshore and across the Albert Pier, and terminating on the said foreshore at a point about five chains south of the Common Hard, near the western end thereof. Railway No. 2. A railway about twenty-one chains and The Act contains these special provisions relating to the Notwithstanding anything contained in the deposited plans Ibid, sec. 5. |