If in the execution of the powers of this Act the two com- Providing for works for War panies shall interfere with buildings belonging to the War Department. Department, they shall, upon land to be provided by the same department, erect with all convenient speed, and to the reasonable satisfaction of the said department, other buildings in the stead of those so interfered with, and if the two companies shall neglect to erect such buildings the same may be constructed by the said department, and the reasonable cost thereof, as certified by the proper officer of the said department, may be recovered from the two companies, or either of them, as a debt due to the Crown. branch to Gun Wharf. The two companies shall also construct and maintain upon Providing for land to be provided by the War Department, and in such direction as the said department shall prescribe, a siding or branch railway from the railway No. 1, shown on the amended plans, into the lands marked upon the said plans as "Old Gun Wharf." The two companies shall not, except with the consent of For securing the Lords Commissioners of the Admiralty, open for public completion of traffic the railway No. 1 hereby authorised until they shall have railway No. 2. completed to the satisfaction of the said Commissioners and of the War Department the railway No. 2. And the two companies shall at all reasonable times when required by the Lords Commissioners convey over the railway No. 2, and over any tramways or railways belonging to the Lords Commissioners adapted to the engines and trains of the company, into and from the dockyard or any part thereof, all traffic destined to or coming from the said dockyard, at such rates and fares as shall from time to time be agreed on between the said Lords Commissioners and the company. Subject to the provisions hereinafter contained, the two Providing companies may construct and maintain in connection with the for landing stages. railways all such landing-places, stages, pontoons, sheds, buildings, roadways, and other works as may be necessary for the comfort and security of passengers, and for the safe landing and delivery of goods, animals, and minerals. embankment The embankment of the railway across the portion of the Provisions as glacis intended to be devoted to a people's park, being No. 10 to planting on the deposited plans in the parish of Portsea, shall be planted with shrubs, with ornamental shrubs and so kept up, and shall have two &c. arched openings therein of at least 20 feet upon each. The two companies shall cause to be constructed and main- Providing tained upon railway No. 2, at such point as may be approved for opening bridge on by or on behalf of the Lords Commissioners of the Admiralty, an railway No. 2. opening bridge, which shall when open leave a passage through the said railway of the clear width of 40 feet to provide a means of ingress and egress for vessels to and from the Watering Island, and the said bridge shall be under the control of the two companies, and when required to be closed for Government purposes shall be so closed and worked by them at the expense of the Lords of the Admiralty, at a rate to be agreed upon between them and the two companies. Tolls to be charged to Admiralty c. 118, s. 16. The tolls which the two companies shall charge to the 36 & 37 Viet Admiralty and War Department on the lines of railway hereby and War De- authorised shall not exceed the tolls authorised to be levied by the two companies on their existing lines of railway respectively. ment. Agreements between Com. panies and War Office and Admiralty. Saving rights The two companies on the one hand. and Her Majesty's Ibid, sec. 25. Principal Secretary of State for War and the Lords Commissioners of the Admiralty, severally, on the other hand, may from time to time enter into any contracts and agreements with respect to the construction, maintenance, working, and use of so much of the railways and works as may be constructed or maintained upon, across, or connecting lands, buildings, or other property which belong to or are vested in or are held by any person or persons in trust for Her Majesty, her heirs and successors, or which are under the control or supervision of the War Department or of the Admiralty respectively. Nothing in this Act contained shall authorise the two Ibid, sec. 42. companies to enter upon, use, or interfere with any land, soil, or water, or any right in respect thereof, or to take away, lessen, prejudice, or alter any of the rights, privileges, or powers vested in or exercised by Her Majesty's Principal Secretary of State for the War Department for the time being, without his previous consent signified in writing under his hand, and which consent the said Principal Secretary of State for the time being is hereby authorised to give, subject to such special or other conditions as he shall see fit to impose on the two companies. Purfleet, Essex. In the year 1759-60 the powder magazine was transferred from Greenwich to Purfleet under the provisions of the 33 Geo. II., c. 11. The Act, which is an ordinary Vesting Act, contains these special provisions: And whereas the mills, commonly called the Purfleet mills, 33 Geo. II., by keeping back the fresh water, and admitting the salt water c. 11, s. 19. out of the Thames into the fleet or cut called Mar Ditch, have been found very detrimental to the adjacent lands, as well as to the health of the country in general, and may prove pernicious to the garrison intended for the guard of the said magazine; be it further enacted by the authority aforesaid, that as soon as the said Commissioners so to be appointed by virtue of this Act shall be in actual possession and seisin of the said mills, the Master-General of His Majesty's Ordnance for the time being, or the Lieutenant - General and principal Officers of His Majesty's Ordnance for the time being, or any three or more of them, shall effectually take down the said mills; Purfleet to be and that no mills shall hereafter, on any account, be built, taken down; either at the mouth of the said fleet or cut called Mar Ditch, or in any other part thereof that shall, by virtue of this The mills at Geo. II., Act, be vested in the said Commissioners before mentioned; erected to And be it further enacted by the authority aforesaid, that Proper flood11, sec. 20. the Master-General of His Majesty's Ordnance for the time gates to be being, or the Lieutenant-General and principal officers of His keep out the Majesty's Ordnance for the time being, or any three or more sea water, of them, shall, when the said mills shall have been taken down, fix such proper flood-gates, not less than fourteen feet in width, to be laid at least three feet lower than the mill water-way now is, as shall effectually keep the sea water out of the said fleet, and permit the fresh water to go off with the ebb tides; and and permit shall, from time to time, clear the silt from the mouth of the the fresh said fleet, and cause such other works to be erected, and such off with the repairs to be made thereunto, as may be sufficient for the ebb tides, &c. purpose aforesaid; any thing in this Act to the contrary thereof notwithstanding. Ed, sec. 21. Vict. c. 84, . 45. (L. & P.) water to go be under the ers of Sewers W. Thurrock And be it further enacted by the authority aforesaid, that the The Fleet to said fleet commonly called Mar Ditch, and all the works erected Commissionor to be erected thereon, shall still continue under the authority of the Commissioners of Sewers for the Levels of Avely and for the Levels West Thurrock, to be preserved by them for the benefit of the of Avely and country in the state they are directed to be by this Act; never- but the extheless, so as all the expenses of erecting and keeping in repair penses of the the said flood-gates, and other works, shall be borne and paid repairs, &c., to for out of the moneys granted or to be granted by Parliament the moneys be paid out of for the service of the Ordnance; any thing herein contained to granted for the contrary thereof notwithstanding. The 49 Geo. III., c. 97, authorized an exchange of land at this station, with the Statutory provisions. the Ordnance Service. over Ordnance Road. By "The London, Tilbury, and Southend Extension Railway Footbridge to Act, 1852," it was enacted that the companies therein-mentioned be maintained should and they were thereby required to make and for ever maintain a good and sufficient footbridge over the Ordnance Road at Purfleet, of such form and dimensions and at such part of the said road as should be required by the Master-General and Board of Ordnance, and should and would permit the same to be used and enjoyed by John Henry Pelly, his heirs, and assigns, and his and their servants, workmen, and others, and d, sec. 46. the tenants and occupiers for the time being of Fann's Farm. It was further enacted that the line of railway should not, Prescribing without the previous consent in writing of the Master-General distance of of the Board of Ordnance, come within 600 yards of the central railway from magazines at magazine of the Ordnance Establishment at Purfleet; and that Purfleet. during the passage across the said railway of artillery, troops, ammunition, or convoys of Government stores, the trains on the line shall be stopped; and for the purpose of preventing any delay to such passage across the said railway the said company should erect and for ever maintain all signals which may be requisite for that purpose, to the satisfaction of the MasterGeneral and Board of Ordnance. The Royal Military Canal and Road. In 1807 an Act, 47 Geo. III. (Sess. 2), cap. 70, was passed for maintaining and preserving a Military Canal and Road from Shorncliff in the county of Kent to Cliff End in the county of Sussex, and by the Schedule all the lands required for the undertaking were vested in certain Parliamentary Trustees, who were also made Commissioners for "carrying on, completing, maintaining, regulating, and managing the Canal and Road." Long after the canal and road were made, viz., in 1837, the whole undertaking was transferred by the 1 Vict., cap. 20, to the Board of Ordnance, in trust "for the Public Service," with all the powers which the original Act contained, and subject also to all the ordinary statutory powers held by the Ordnance Board with reference to other Ordnance property. In 1867 "The Royal Military Canal Act, 1867," was passed, and amended in 1872 for authorising a sale or lease of the canal and its collateral works. Sec. 3 empowered the Secretary Power to sell of State at any time, or from time to time, to sell and convey or demise canal and collateral works. Secretary of make rules and and may take or demise, in such manner, on such terms, and subject to such Under the provisions of this Act two leases have been ex- The Act so far as it relates to the military road is in substance as follows: sec. 2. The Secretary of State may make such rules and regulations. 47 Geo. 3, and from time to time alter the same, either as to the opening (Sess. 2) c. 70 the said road for public use, or shutting up the same, or as to the periods, times, and manner in which, and the terms, conditions, or restrictions, under which the same may be used by the public, so as that the use of such military road by the public for general purposes, shall not injure the same as military work; and that the same military road, and the use thereof, shall remain under the control of such Secretary of State for the protection of the same for military purposes. The Secretary of State may demand and take, or authorise Ibid, sec. 3. rates and tolls. the taking and demanding of tolls for the passing of carriages, 130 & 31 Vict., cap. 140, and 35 & 36 Vict., cap. 66. Geo. 3, c. 4. cattle, or persons, along and upon the said road, or over any subject to toll. No toll gate shall be erected or any tolls taken upon that Ashford Road ess. 2) c. 70, part of the military road lying between the two bridges at and Appledore Hythe, heretofore commonly called Ashford Road, or upon that not to be part of the said military road opposite to Appledore, on the towing path side lying between the river wall and Appledore bridge, now become the road from Romney to Tenterden. id, sec. 5. id, sec. 6. Owners or occupiers of lands through Where any parts of the military road shall be allowed by the said Secretary of State to be used by the owners or occupiers of any lands, for the occupation of such lands, then and in which the such case no tolls shall be payable by any such owner or oc- military road, cupier for or in respect of the use of such road solely for the &c., pass, in cultivation or carrying away the produce or the occupation of exempted such lands. what cases from toll. farm the tolls. The said Secretary of State may at any time farm the rates Commisand tolls so established and fixed under the authority of this sioners may Act, or any or either of them, or such of them as may be demandable at any particular places, and in such manner, and under such regulations or restrictions as he shall think necessary, unto any person or persons for any time or term as he shall think proper, not exceeding three years; and the lessee or lessees thereof, and also such person or persons as the said lessee or lessees shall appoint to collect and receive the rates and tolls so let, shall, during the continuance of every such lease, be deemed collectors of the rates and tolls so let, and shall have the same power and authority for collecting and recovering the same as if he or they had been appointed for that purpose by the said Secretary of State; provided that public notice of the intention to let the said rates, or any part thereof, be given in some newspaper published or usually círculated in the counties of Kent and Sussex, at least 21 days before the holding of the meeting at which such rates or tolls are proposed to be let. |