rates and tolls. Penalty for throwing dirt into the canal or works. Punishing persons setting fire to or damaging works. sec. 9. The Secretary of State may cause such turnpike gates to be 47 Geo. 3, erected on the said military road, and at such places, except on (Sess. 2) c. 70, such parts of the said military road as are hereinbefore excepted, as to him shall seem meet, and appoint proper persons for the collection of the tolls which may be made payable for the passage of carriages and horses and cattle thereon. It any person or persons shall fraudulently, and with Ibid, sec. 10. intent to evade the payment of any rates or tolls, claim any privilege or exemption in relation to the using or disposing of any articles made liable by the said Secretary of State to the payment of any lower rates or tolls than are actually payable in respect of such articles, every such person or persons so offending shall for every such offence forfeit and pay any sum not exceeding 5l., nor less than 40s. The rates and tolls authorised to be taken on the said road, Ibid, sec. 11. shall be paid to such person or persons at such place or places upon or near the said road, and in such manner, and under such regulations, as the said Secretary of State shall in that behalf direct or appoint; and in case of neglect or refusal to pay any such rates or tolls, or any part thereof, unto any person or persons who shall be appointed to receive the same as aforesaid, it shall be lawful for the said Secretary of State to sue for and recover the same by action of debt, or on the case, in any of His Majesty's Courts of Record at Westminster; or it shall be lawful for the person or persons to whom such rates or duties ought to have been paid, and he and they is and are hereby fully authorised and empowered to seize and distrain any carriage, or horse or horses, or cattle, for or in respect of which any such rates or tolls ought to be paid as aforesaid, and to detain the same respectively until full payment shall be made of such rates or tolls, together with the reasonable costs and charges of such distress; and in case such distress shall not be redeemed within five days after the taking thereof, the same shall and may be appraised and sold as the law directs in case of distresses for rent. If any person or persons shall throw, cast, or put any earth, 1bid, sec. 20. dirt, ashes, stones, or other things, into or upon any part of the said road, or shall leave any wagon, cart, carriage, or other obstruction upon the said military road, shall forfeit, for every such offence, any sum not exceeding 51. If any person or persons whatsoever shall wilfully and mali- Ibid, sec. 21. ciously set on fire any of the works belonging to the said road, or any of the materials intended for any of the said works, every such person or persons so offending in any of the cases aforesaid, shall be adjudged guilty of felony, and every such felon shall be subject to the like pains and penalties as in cases of felony, without benefit of clergy; and if any person or persons shall knowingly, wilfully, or maliciously demolish, break down, cut, or destroy any part of the said road, or other works or things belonging thereto, then every such offender or offenders, being convicted thereof, shall suffer punishment by fine, imprisonment, or transportation, at the discretion of the Geo. 3, - 28. judge or judges before whom such offender or offenders shall be t rate the canal The said Secretary of State shall, at the public expense, Fences to be 85.2) c. 70, divide and separate, and keep constantly divided and separated, made to sepathe military road from the adjoining lands or grounds, by from private sufficient posts and rails, hedges, ditches, trenches, banks, or grounds. other fences, sufficient to keep off cattle, the same to be set and made on the lands or grounds which shall be purchased by, conveyed to, or vested in the said Secretary of State as aforesaid, and shall hereafter keep up and maintain such fences in a good and proper condition, sufficient to keep off cattle from the works. d, sec. 29. d, sec. 30. , sec. 31. , sec. 32. No owner or occupier of land, nor any other person, shall Not to make remove any of the palings, posts, or rails to make a way bridges over into any cuts or their field, even if the same shall be replaced again, or place drains. any gates in the fence on the side of the said military road, or remove any posts, rails, or paling, in order to their passing, although such posts, rails, or paling may be thereafter replaced, except with the leave of and at such places as may be fixed upon by such Secretary of State, or any officer appointed by him, having authority to ascertain such places, under pain of forfeiting for every such offence any sum not exceedidg 51. ments. The lands taken for the said road, or any buildings or Lands liable works belonging thereto, shall remain subject, liable to, and to former paychargeable with such and the like rates and charges for any wall and water scotts or other charges, for supporting Dimchurch Wall, or other sea walls in Romney Marsh, as such lands were subject and liable to and chargeable with before the taking thereof; and all such rates, when made upon any such lands, shall be payable and paid out of the rates and tolls levied upon the said road before any other payment or charge whatever which may hereafter be made or become payable out of such rates or tolls; or if no such rates or tolls shall be raised, or the same shall not be sufficient, the same shall be laid before the Commons House of Parliament, in order that provision may be made for the payment thereof. tioned. When any part of any lands, buildings, tenements, or here- Land tax to ditaments, charged with any land tax in an assessment, shall be apporhave been taken for the purpose of the said road, the Commissioners of land tax shall apportion the same (subject to appeal as in case of any assessment of land tax); and all land tax so apportioned, and also all the land tax which shall at the time any lands, houses, tenements, or hereditaments, being taken for the said road have been charged and assessed thereon, shall be entered as exonerated in the assessment of the parish or place in which the same shall be. of from poor The said road and all buildings, houses, works, lands, pre- Canal to be mises, tenements, or hereditaments, making part of or belonging exempted or appertaining to the same, and all rates and tolls which may be levied or taken upon the said road, shall be wholly exempt from any parochial rate or charge for the relief of the poor cr otherwise. rates. L Officers not to be exempted from poor rates. Jurisdiction. When the new road is certified by the Justices to be in good repair, the old road shall be stopped up and the soil vested in His Majesty. sec. 33. Nothing herein contained shall exempt any persons having 47 Geo. 3, or enjoying any beneficial occupation of any such house, (Sess. 2) c. 70, be building, or lands, other than and beyond such as may necessary for the purpose only of executing any office, or performing any duty as a clerk or officer under the said Commissioners, from being rated to the relief of the poor of the place in which he shall have such beneficial occupation, in respect of such beneficial occupation. The said road shall not be under the control, direction, Ibid, sec. 44. survey, or order of the Lords of Romney Marsh, or the Commissioners of Sewers of any of the levels through which the said canal passes, or under any other control than that of the said Secretary of State under this Act.1 Under "The Brighton, Lewes, and Hastings Railway Act, Hastings, Rye, and Ashford Extension, 1845," the company therein referred to constructed and carried the line of the railway across the Royal Military Canal in Warehorn Parish, near No. 10 Station House there, whereupon this enactment came into force: 8 & 9 Vict., (L. & P.) c. 200. Dover 8. 2067 The said line of railway shall be constructed and carried Ibid, sec. 21. and be for ever thereafter maintained by the said company in such manner and form in all respects as in the opinion of the said Secretary of State (such opinion to be expressed by writing under his hand) shall be proper and necessary to prevent any obstruction to or delay in the free navigation of the said canal and the traffic on the said towing paths and road; and the said company shall not construct or carry the said line of railway in any other manner than shall be expressed and directed by such opinion in writing. Sandhurst, The Royal Military College. The first Act relating to this estate is the 52 Geo. III., cap. 124, which was passed to effect two objects: 1st. To vest two parcels of waste land (which are described in the Act) in His Majesty, his heirs and successors for ever, freed and absolutely exonerated from all manner of Commonable Rights and other rights whatsoever; and, 2ndly, to divert and stop a road (described on the plan annexed to the Justice's order of the 11th November 1811) running through and dissecting these two parcels of land, and so near to the Royal Military College as to be a great inconvenience. To effect this latter object, the 7th Section enacted that when 52 Geo. III, and so soon as the Justices of the Peace should have certified c. 124, sec. 7. that the new road proposed to be substituted and used should have been made and put into good repair, the old road be from thenceforth for ever stopped up and no longer used as a road, and the soil of so much thereof as ran through the said two The Act contains the usual sections for the recovery of penalties, which are not thought of sufficient importance to print here. 2 As to the history, vol. ii., p. 450. eo. III, 4, sec. 8. nd 26 mble. parcels of land, or any other of the lands of His Majesty, be successors. new road By the 8th section it was enacted that His Majesty, His By whom the heirs and successors, in respect of the farm called Lodges Farm, shall be kept or the owner or owners thereof for the time being, should for ever in repair. thereafter, at his and their own costs and charges, amend and repair the said new road to the extent of 1,287 yards, to be computed from the turnpike gate across the south end of the said new road, according to and as mentioned in the said order of the said Justices, together with any bridge or bridges that might thereafter be erected on or across the said new road. In or prior to the 7th July 1862, some parts of the lands be, c. 33, longing to the College, and situate in the parish of Sandhurst in the county of Berks, and the parish of Ash in the county of Surrey, were vested in Her Majesty, and other parts thereof were, on the acquisition thereof for the purposes of the College, conveyed in trust for Her Majesty to certain of the Commissioners of the College. or otherwise to persons having no corporate capacity, and had devolved upon the heir-at-law of the person to whom such lands were conveyed, or of the last survivor of such persons (where more than one), and it was impossible or difficult to ascertain who was such heir-at-law in each case. A map or plan of all the lands was then made and signed in duplicate by the Governor of the College and by one of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, and upon such map or plan were distinguished by a red edging the lands then holden by or belonging to the College, and by a yellow edging the lands then holden by or belonging to the Crown, respectively: And one of the duplicates of the map or plan was deposited with Her Majesty's Principal Secretary of State for the War Department, and the other duplicate deposited in the Office of Land Revenue Records and Enrolments. Lands of the for War. The 25 and 26 Vict., cap. 33 enacts that the lands described Upon passing or delineated on the said map or plan, and surrounded thereon of this Act by a red edging, shall be vested in Her Majesty's Principal Royal Military Secretary of State for the War Department on behalf of Her College to vest Majesty for all the estate and interest now vested in Her in Secretary Majesty, or any person or persons in trust for Her Majesty, subject nevertheless to the Royal Warrant of the 7th May 1808, or such other Royal Warrant (if any) as for the time being may be in force in relation thereto. And that the lands described Certain Lands or delineated on the said map or plan, and surrounded thereon on passing of by a yellow edging, shall be vested in Her Majesty, her heirs vest in the and successors, as part of the hereditary possessions of the Crown. Crown. this Act to Sheerness and adjacent parishes. 20 Geo. III., c. 38. Exempting soldiers and sailors. Exemption. 21 Geo. III., c. 10. 1. The Pier. c. 120. (L. & P.) In 1829 an Act (10 Geo. IV., c. 120) was passed for main- 10 Geo. 4, taining the pier at Sheerness by Commissioners, with statutory powers conferred by the Act, but it was provided that nothing in this Act contained shall extend to give the said Commissioners any jurisdiction over the dockyard or garrison of Sheerness, or over any land or premises belonging, or which may hereafter belong, to His Majesty, his heirs and successors, or be held on his or their behalf, and used for the service of the Government, but that all such land and premises shall be excluded from the limits of this Act; and the said Commissioners shall and they are hereby required within the space of three calendar months next after the passing of this Act to erect and place stones or posts at convenient distances from each other for the purpose of specifying and marking the said boundary, and shall replace and make good the same from time to time when and as the same shall be displaced or injured. These other sections are contained in the Act: Provided always and be it further enacted, that nothing in this Act contained shall authorise or empower the said Commissioners to ask, demand, receive, or recover any rate, toll, or duty of, or from, or for, or in respect of any officer, soldier, or sailor, while on duty in His Majesty's service, who shall land from or embark in any such ship, hoy, packet, vessel, or boat so carrying passengers as aforesaid, nor for or in respect of any ordnance, barrack, commissariat, or other public stores of or belonging to His Majesty. Provided always and be it further enacted, that notwithstanding anything in this Act contained, it shall and may be lawful to and for any officer, seaman, or other person belonging to any ship, vessel, boat, or other craft of His Majesty, or employed in his service, or any officer or person in any service of His Majesty in the said dockyard or garrison, or any naval, military, or marine officer or soldier freely to lade and unlade, take on board or discharge at any place within the said dockyard or garrison, or elsewhere, except at the said pier, any goods or chattels whatsoever on account of the public service, and also within the said dockyard or garrison any goods or chattels which shall be bona fide the property of or shipped by or consigned to the said officers or persons, and not being for the purpose of trade, dealing, or merchandize, without being subject or liable in respect thereof to any of the rates and duties imposed by this Act or to any penalty on account of the nonpayment thereof; and no owner, master, commander, or other person having the rule, command, or government of any ship, vessel, boat, or other craft shall be liable to any penalty for delivering such goods or chattels to or taking the same on board from any person or person so exempted as aforesaid. |