Lands conveyed by recited Indentures vested in Secretary of State for War. Level of water to be maintained at or near Waltham. Aqueduct executed to the satisfaction of the Board of Ordnance. Saving the rights of the Board of were then under the charge of Her Majesty's Principal Secretary c. 54, sec. 1. The 26 and 27 Vict., c. 54, then enacted that the lands con- 26 & 27 Vict., veyed by the indentures respectively hereinbefore referred to, being the lands described or delineated on the said plan, and surrounded thereon by a blue edging, should become and be vested in Her Majesty's Principal Secretary of State for the War Department, on behalf of Her Majesty, for all the estate and interest then vested in the trustee thereof, but so nevertheless that the said lands and hereditaments, with their appurtenances, might be held, occupied, and enjoyed together with Walmer Castle by the said Viscount Palmerston, or other the Lord Warden for the time being of Her Majesty's Cinque Ports. Waltham. On 14th August 1850, "The Lee Navigation Improvement Act, 1850," was passed (13 & 14 Vict., c. 109, L. & P.), and contains these sections: (L. & P.) And whereas by means of the construction of the proposed 13 & 14 Vict. works and the alteration of the level of the water in the River c. 109, sec. 15 Lee, at and near the town of Waltham, the depth of water in the stream leading to the mills in the parish of Cheshunt, the property of Her Majesty, and under the control of the Principal Officers of Her Majesty's Ordnance, will be materially increased, and it is expedient to provide for the raising of the banks of the stream, and for maintaining the water in the same at a proper level: Be it therefore enacted, that it shall be lawful for the trustees to raise the banks of the stream to the extent and in the mode defined upon the sections deposited as herein-after mentioned, and also to maintain the level of the water in the stream at the height shown upon the sections. And be it enacted, that the trustees shall and they are Ibid, sec. 88. hereby required, in the erection of the lock intended to be executed at or near the aqueduct immediately below King's Weir, to cause the same to be erected upon the compensation principle; and all such works shall be executed to the reasonable satisfaction of the Master-General and Principal Officers of the Board of Ordnance for the time being. Provided always, and be it enacted, that nothing in this Act Ibid, sec. 89. contained shall extend or be construed to extend to prejudice or derogate from the estates, rights, interests, liberties, privileges, or franchises of the Master-General and Principal Officers of Her Majesty's Ordnance, or their successors for the time being, or to prohibit, defeat, alter, or diminish any power, authority, interest, or jurisdiction which at the time of the passing this Act the said Master-General and the Principal Officers of Her (For further information respecting Waltham, see p. 247.) Warley. *44 Geo. III., c. 79. 46 Geo. III., c. 120. Weedon. Geo. 4, 116. (L. & P.) 0 & 11 Vict. 68, s. 29. (L. & P.) *43 Geo. III., c. 66. Weymouth. On 10th June 1825, an Act (6 Geo. IV., cap. cxvi, L. & P.) was passed relating to the harbour and bridge of Weymouth, which contains an exemption from tolls over the bridge, but no exemption from harbour dues. Dues. On the 25th June 1847, another Act (10 and 11 Vict., cap. lxviii) was passed to consolidate the provisions relating to the harbour and bridge, which contained a section exempting from bridge tolls, and another section exempting from harbour dues, in these words: And be it enacted, that nothing in this Act or Exemptions in the recited Acts contained shall charge or be construed to from Harbour charge any ship, boat, barge, or other vessel belonging to or employed in the service of or seized or detained on behalf of Her Majesty, her heirs and successors, or any vessel in the service of the Customs or Excise, or Post Office, or any officers or persons employed therein respectively, or in the service or employ of the Admiralty or Ordnance, with the payment of any harbour or other dues whatsoever, but that all such ships, boats, barges, and other vessels, and officers and persons aforesaid, shall have free use of the said harbour, without any charge or rate whatsoever being made for the same, and without any toll or rate being payable for any stores belonging to or purchased for Her Majesty's Service, or for any baggage belonging to such officer or person aforesaid; and nothing in this Act contained shall confer any power or control over any of the said vessels or boats, their officers or crews: Provided always, that if any person shall claim and take the benefit of any such exemption as aforesaid, without being entitled thereto, every such person shall for every such offence forfeit and pay the sum of ten pounds. In building the fortifications materials were landed in the harbour, and claim for dues was made, which was afterwards 1 This is repeated in "The River Lee Water Act, 1855” (18 and 19 Vict., c. 196, L. & P.), as sec. 75. successfully resented before the Queen's Bench, in "The Mayor, &c. of Weymouth v. Nugent (Colonel of the Royal Engineers and C.B.), which is reported in 6 Best and Smith, p. 34. In delivering judgment Chief Justice Cockburn said: There 6 Best & are two great principles which, from an early period of our Smith, p. 31. history, have obtained with regard to the prerogatives of the Crown; first, that the Crown is exempt from the payment of tolls; second, that, except in certain cases, the Crown is not bound by an Act of Parliament unless specially named in it. The question here is, whether the Crown, acting through one of its servants, is liable in respect of stone brought into the harbour of Weymouth, for the use of the Government works, to the duties imposed by statute 6 Geo. IV., cap. cxvi. The doctrine as to the immunity enjoyed by the Crown from the payment of tolls arose in the times when tolls were leviable by virtue of a grant from the Crown, or by prescription from which a grant from the Crown was presumed; and it may well be assumed that when tolls were so granted that the Crown did not intend to include itself in the liability to pay them. But whether or not that be the origin of the immunity, it has obtained from the earliest times, and we cannot suppose that the Legislature took upon itself to make the Crown liable to the payment of these duties without mentioning the Crown in the statute. Even supposing that those who represent the Crown could not succeed upon the first principle, I think the second concludes the case. The rule that the Crown is not bound by an Act of Parliament unless specially named in it, applies in such a case as the present, where tolls and duties are taken under a local Act; so that this is not within the exceptional cases in which the Crown, though not named, is bound. Mr. Lush relies on section 23, which contains exemptions in favour of the Crown, and he insists upon the doctrine that the expression in a statute of certain exemptions leads to the inference that it was intended by the Legislature that there should be no others. But the case falls within the principle laid down in "Bac. Abr. Prerogative" (E) 5, referred to in the argument, and we must suppose that the exemptions were inserted ex majori cautelâ. with the view of pointing out to those charged with the collection of the duties the cases most likely to arise, in which they were to abstain from demanding them. I am fortified in this opinion by the judgment of Lord Campbell in "Westover v. Perkins" (a). In that case the question arose on the General Turnpike Acts, in which there were exemptions almost in the same terms as those in Section 23 of Statute 6 Geo. IV., cap. cxvi, Lord Campbell said, p. 65, "From time immemorial the Sovereign has been exempt from toll; and when tolls are imposed by statute there is an implied exemption of the Sovereign's property, either in her own personal use, or in that of her household." If Mr. Lush's contention were correct, a clearly established prerogative of the Crown would be directly affected, as in "Westover v. Perkins." and 35 We should go contrary to the two well established principles to which I have referred if we held that by implication the Crown was bound by this Act of Parliament. There are some provisions in it from which it has been argued, on the one hand, that it was intended to bind the Crown, and others from which it has been argued that it was not intended to bind the Crown. I do not found my judgment so much on the latter provisions as on the general principles to which I have adverted. Wimbledon Common, Surrey. As to its use: 1st. For the National Association and the Rifle Volun- 2nd. For military purposes. (Sec. 86.) of Wimbledon ciation. 1st. Subject to the provisions of the Wimbledon and Putney Annual occuct., c. 204, Commons Act, 1871, the conservators shall permit the body pation of part c. 40. known as the National Rifle Association exclusively to occupy Common by (L. & P.) and use, from year to year, as a rifle shooting ground and place National for an encampment, for all purposes of the annual meeting of Rifle Assothe association, the whole, or, at the option of the association, any part of the area, being part of Wimbledon Common, which is described on the plans deposited with the Clerk of the Peace of the county of Surrey by being thereon encircled with a brown line, together with the butts, targets, and other conveniences for rifle shooting for the time being thereon: and the association shall not at any time use the part of Wimbledon Common so occupied by them for any purpose or in any manner not authorised by this Act. id., sec. 41. id, sec. 42. Association, It shall not be lawful for the conservators to permit the Period of ocNational Rifle Association to occupy or use, or for that association cupation by to occupy or use as aforesaid, any part of Wimbledon Common and shooting for any longer time in any year than the following—namely :— period. For all purposes, 77 consecutive days, commencing not For purposes of rifle shooting, and for the purpose of a and the period of occupation and the shooting period res- If in any year the National Rifle Association occupy and Protection of use as aforesaid any part of Wimbledon Common, they shall at public by signals, &c. their own expense adopt and apply all such reasonable pre- during occucautions, by means of signals and otherwise, for preventing pation by accidents arising from firing or otherwise as may be from time Association. Protection of surface, heather, &c. by the Association. Permission for Associa and erect temporary buildings, &c. to time agreed on between them and the conservators, or c. 204, sec. 43. If in any year the National Rifle Association occupy and 34 & 35 Vict., use as aforesaid any part of Wimbledon Common, they shall as far as possible preserve the surface of the common, and protect the turf, gorse, heather, timber, and other trees, shrubs, and brushwood thereon; and the association shall not at any time remove or destroy or dig up, or suffer to be removed or destroyed or dug up, any gorse, timber, or other tree, shrub, brushwood, gravel, or other substance thereon, except in case of fire or other great emergency, or (as regards gravel cr other substance) of material being required for repair of butts or other conveniences for rifle shooting, or in such other cases (if any) as may be from time to time agreed on between the association and the conservators, or determined by arbitration; and as regards the digging up of gravel and other substances, the association shall only dig up the same, or suffer the same to be dug up, at places from time to time agreed on or determined as aforesaid, and the association shall in all cases within this section act subject and according to such restrictions and rules as may from time to time be agreed on or determined as aforesaid. If in any year the National Rifle Association occupy and Ibid, sec. 44. tion to drain use as aforesaid any part of Wimbledon Common, they may drain the part occupied and used by them, and erect thereon such butts and targets and temporary buildings, and generally use the same, in such manner as the purposes of their annual meeting may require, subject to the conditions to be from time to time agreed on between them and the conservators, or determined by arbitration, as to mode of execution of works, and as to removal thereof, and as to supervision and approval thereof by the conservators, and as to restoration of the surface of the common, and removal of all rubbish therefrom, at the expense of the association, and as to other matters, but so that everything done by the association under this section be begun and finished within the period of occupation in each year, and not before or after; provided that the butts which at the time of the passing of the Act were erected on the common for the purpose of the association shall not be removed or altered by the conservators, unless by agreement with the association or under the award of an arbitrator. Permission for Association to erect paling, &c. If in any year the National Rifle Association occupy and use Ibid, sec. 45. as aforesaid any part of Wimbledon Common, they may do the following things or any of them-namely, they may within the seven days (exclusive of Sunday) next before the beginning of the shooting period, but not sooner, put up a paling or other fence round the part occupied by them (but so as not to inter |