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& 21 Vict.,

151, sec. 48. (L. & P.)

36.

eamble.

With reference to causeway or landing-place to be made by Sir Edward Banks, contiguous to the Royal Hotel, the Act provided that nothing therein contained give power or authority to Sir Edward Banks, his heirs or assigns, to make or erect any causeway or landing-place to a height exceeding one foot above the shore or beach without the consent in writing of the Principal Officers of His Majesty's Ordnance or of the Commanding Royal Engineer at Sheerness for the time being.

2. The Railway.

On 17th August 1857 "The Sittingbourne and Sheerness Plans to be Railway Act, 1857," passed, which enacted the usual protective approved by the Secretary clause and that all works in the parish of Minster within the of State for limits of deviation shall be constructed upon such plans only as War. Her Majesty's Principal Secretary of State for the War Department for the time being shall by writing under his hand previously approve.

Shoeburyness Ranges.1

Prior to the 17th July 1862 lands in the parish of Shoebury were acquired in fee-simple, and other lands in the parish of Wakering were acquired for a term of years by the Secretary of State to be used as a school of gunnery and the practice of artillery. The particulars of these lands are stated at the foot of this page, and are shown on a plan deposited with the Lords Commissioners of the Admiralty and in the War Office (registered F 137).

& 26 Vict., It was alleged that a portion of the lands and premises, between high and low water mark, was subject to the rights of passage and anchorage of vessels in the water or sea flowing over the same, and at low water to certain other rights of grounding thereon: And that such alleged rights, if suffered to continue, would very much interfere with and impede the useful purposes intended to be effected by the acquistion of the lands and premises and by the establishment of the School of Gunnery, and would be highly detrimental to the public service; and that for these reasons it was expedient that the same should be forthwith partially extinguished, and the premises be kept free from all the anchorage or grounding of vessels, barges, and other craft.

7, sec. 1.

The Artillery Ranges Act, 1862, therefore enacts:

So long as the lands and premises shall remain vested in or Spaces for the be possessed by Her Majesty's Principal Secretary of State, he practice of shall from time to time, as occasion may require, cause to be artillery to be kept free and marked out and distinguished by buoys, or other sufficient open, and to marks to be erected or fixed upon the said lands and premises, be marked by such spaces or distances thereon as he may judge necessary to buoys, &c. be kept free from all anchorage or grounding of vessels of

125 & 26 Vict., cap. 36, and see p. 15, 49 and 66 (notes).

Rights of Anchorage and

grounding to cease, aud

notice to be given to the

any kind, and to order and direct that the several spaces or
distances so marked out and distinguished shall be and remain
as ranges for artillery practice, freed from all rights of anchorage
or grounding thereon.

Whenever the said Principal Secretary shall have marked 25 & 26 Vict, out and appropriated any spaces or distances for ranges as c. 36, sec. 2. aforesaid, all rights (if any) of anchorage and grounding over

or upon the same shall absolutely cease and determine, and a notification thereof shall be made to the Lords of the Admiralty, Admiralty, and advertised and be published in the London Gazette, and by advertisement in newspapers, in some morning newspaper and in some local newspaper cirand on church culated in the said county of Essex, and by affixing the same on the church doors of the said several parishes aforesaid.

doors.

No vessel or

over ranges marked out pursuant to this Act.

If any vessel, barge, or other craft, unless forced to remain Ibid, sec. 3, person to pass thereon by stress of weather or other unavoidable accident, shall anchor or ground upon any range marked out in pursuance of this Act, then the owner or master of such vessel, barge, or other craft, as the case may be, shall on conviction thereof before any justice or justices of the peace forfeit and pay such a sum, not less than 40s. and not exceeding 51. for every offence, as may be awarded against him, and such penalty, and also the reasonable costs attending the prosecution, shall be duly ascertained and awarded, and shall be enforced and recovered as any pecuniary penalties may be recovered under the provisions of 11 & 12 Vict., cap. 43.

Penalty for

offences to be recovered.

Saving rights

of Lords and

Ladies of the
Manors of
South Shoe-
bury and
Wakering.

Nothing in the Act contained shall be construed to prevent bid, sec, 4. the entry of the Lords or Ladies of the Manors of South Shoebury and Wakering, their respective servants or agents, upon the beach or shore for the purpose of exercising their manorial or other rights thereon, and of recovering or removing therefrom all wrecks of the sea, jetsam, flotsam, and lagan goods, merchandise, or effects whatsoever, or from exercising any other rights reserved to the Lords or Ladies or either of them in and by any lease or leases granted by or on behalf of them or either of them, or by any conveyance or assurance to the Secretary of State for the War Department: Provided always, that no part of the lands lying east and north of the line marked A, B, and C, on the said map or plan shall ever be appropriated for any range under the provisions of the Act; and that nothing herein contained shall be deemed to repeal or alter any enactments relating to wreck, jetsam, flotsam, or derelict contained in the Merchant Shipping Act, 1854, or in any Act amending the same.1

NOTE.-The Schedule to the Act thus describes the powers

All the land and foreshore situate between high and low water mark in the parishes of North and South Shoebury and Wakering, in the county of Essex, being the south-western part of certain lands called the Maplin Sands, and lying in front of and abutting in part upon lands belonging to Her Majesty's Principal Secretary of State for the War Department, in other part upon lands belonging to the Lord of the Manor of Shoebury, in other part upon lands belonging to G. A. W. Welsh, Esq., and in other part upon lands belonging to Sir John Tyssen Tyrell, Bart., which said lands and foreshore are shown and delineated on the map or plan made thereof and deposited with the Lords Commissioners of the Admiralty by the colours red,

9 & 40 Vict., 211, se 9. (L. & P.)

Shoreham.

On the 11th August 1876 "The New Shoreham Act, 1876,” passed, in which this provision is enacted:

Whereas a battery has been erected for the protection of Saving rights Shoreham Harbour, and is vested in Her Majesty's Principal of Her Majesty's Secretary of State for the War Department for the public Principal service, the fire from the guns of which should be preserved Secretary of free from all intrusion or obstruction: Be it therefore enacted, State for the that nothing in this Act contained shall authorise the trustees ment. to build any structure of any kind other than the piers shown upon the deposited plans that will mask or interfere with the fire of the guns from the battery aforesaid towards the sea, or to enter upon, use, or interfere with any land, soil, or water, or any right in respect thereof, vested in or exercised by the said Principal Secretary for the time being, or to take away, lessen, prejudice, or alter any of the rights, privileges, or powers vested in or exercised by the said Principal Secretary for the time being, without his previous consent signified in writing under his hand, and which consent the said Principal Secretary 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 said trustees.

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Vict., c. 13, e. 147.

(L. & P.)

Sunderland Docks.

On 14th May 1846, the Royal Assent was given to the 9 Vict., c. 13 (L. & P.), an Act for constructing these docks and other works on the River Wear. Section 78 exempts War Department vessels from the operation of the Act in the usual form, and sections 147 and 148 are in these words:

suitable site for the erec

And whereas in the construction of the said dock and other Company to works the company will take the battery, fort, and buildings provide a connected therewith, situate at the said fort, belonging to Her Majesty; be it enacted, that, as a condition for putting into tion of a new execution the powers of this Act as affecting the said battery, battery, &c. fort, and buildings, the company shall, if required by or on

black, green, and brown respectively; the lands coloured red having been purchased
by and being now vested in the said Principal Secretary and his successors in fee;
the lands coloured black being held by the said Principal Secretary under a lease
bearing date the 1st of March 1862, for the term of 40 years from the 25th of
March 1852; the lands coloured green being held by the said Principal Secretary
under a lease bearing date the 5th of May 1860, for the term of 31 years from the
5th of April 1860; and the lands coloured brown being held by the said Principal
Secretary under a lease bearing date the 13th of September 1854, for the term of
50 years from the 25th of March 1851.

Works not to

the Barrack

aehalf of Her Majesty's Board of Ordnance, within three months
after the completion of the said docks and other works, and at
bll events within three years from the passing of this Act, at
their own expense, provide another suitable site for the erection
of a new battery, fort, buildings, and conveniences connected
therewith, to the satisfaction of Her Majesty's Board of Ordnance,
to be approved of by or on behalf of Her Majesty's Board of
Ordnance by the Master-General and Principal Officers for the
time being of the said Board of Ordnance, and also, at the cost
and charges of the said company, carry up a proper foundation
wall for the tower of the said new battery to the level of the
proposed dock wall, such foundation wall to be made and con-
structed under the direction and to the satisfaction of the
Master-General and Principal Officers of the said Board of
Ordnance; and further, that the said company shall and will,
in addition to the constructing and building such foundation
wall, contribute towards the expense of erecting the said in-
tended new battery, fort, and buildings such sum as Her
Majesty's said Board of Ordnance shall think reasonable, not
exceeding the sum of 3,000l.

That in constructing the said dock and works the company 9 Vict., c. 13 encroach upon shall not deviate from the line thereof as at present laid down sec. 148. so far as the same runs parallel with the boundary wall of the barracks, and the company shall not construct any works which will encroach upon the said barracks as at present enclosed.

enclosure.

Tay Ferry and works.

The same exemption from tolls as is set forth ante "Burntisland."

Companies to convey ord

nance stores,

&c., in steam boats at certain rates.

Tilbury (see Gravesend, ante).

20 Geo. III., c. 38.

21 Geo. III., c. 10.

(L. & P.)

By "The London, Tilbury, and Southend Extension Railway 15 Vict., c. 8 Act, 1852," power was taken to establish a steam ferry between sec. 33. Chadwell, Gravesend, Milton, and Northfleet, in the county of Kent, and Tilbury, and it was enacted that the companies should convey and carry in such steam boats all officers, soldiers, and sailors while on duty in Her Majesty's service, and their wives and families, and also all workmen in the employ of Her Majesty's Ordnance, and also all ordnance, barrack, commisssriat, and naval carriages, horses, baggage, and parcels, and other public stores of or belonging to Her Majesty, or to such officer, soldier, sailor, or workman, at such rates and prices, not exceeding those at present paid by the Board of Ordnance, as might be thereafter agreed upon between the said company and the said Master-General and Board of Ordnance.

c. 48.

5 Vict., c. 84, It was further enacted, that it should be lawful for the Exemption from Pier Principal Officers of Her Majesty's Ordnance for the time Tolls in rebeing, and for all and every person and persons by them spect of Ordauthorised and directed, and also for all officers, soldiers, and nance Stores others in Her Majesty's service, and for all contractors for the and troops. supply of stores and other things for the public service, to embark, disembark, and land on and from the pier, landing place, approaches, and other works belonging to the said companies into and from any ship, vessel, steam packet, boat, or other craft, and also to go upon and over any pier, approaches, or landing place to be constructed by virtue of that Act, without paying or being obliged to pay any rates or tolls imposed or to be imposed by virtue thereof or other

bid, s. 47.

6 & 27 Vict.,

. 54.

wise.

line and

As to the construction of works the same Act provides, Prescribing that with respect to the branck marked B on the deposited distances of plans, and that part of the main line of railway which is situate buildings from between the branch A and the point marked 17 miles, the line Tilbury Fort. of railway should be constructed in such course or direction within the limits of lateral deviation shown such plans as had already been or should be approved of by the Board of Ordnance; and it should not be lawful for the companies, without the consent in writing of such Board, to erect or cause or suffer to be erected upon any land purchased or taken by them on the eastern side of the railway any building within the distance of 600 yards from Tilbury Fort, save and except that at the termination of such branches at the River Thames, and for a space not exceeding 150 yards measured along the line of railway from the river wall, and for a width not exceeding 50 yards, measured from the line of railway on the plan deposited with the clerk of the peace, it should be lawful for the companies to erect such buildings as they may think proper.

Walmer Castle-Lands adjacent.

The Right Honourable Robert Banks, Earl of Liverpool, holding the office of Warden and Keeper of the Cinque Ports and their Members, purchased two pieces of pasture land, planted grounds, and garden grounds, abutting and surrounding Walmer Castle, and settled the same by deeds 21st and 22nd December 1810 upon trust (after his decease) to permit the lands to be enjoyed, together with Walmer Castle, by the Lord Warden for the time being, as if the same were part of the precinct and territory of the said castle, and by grant or prescription belonged to the said Lord Warden for the time being by virtue of his office.

In 1821 another piece of land was purchased by the said Earl, and settled by deed of the 13th and 14th September upon the same trusts.

In 1863 a plan of all the lands and hereditaments held by the Lord Warden was prepared, distinguishing therein by a red edging such of the premises as belonged to the Crown and

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