Upon hearing Henry Manisty Esq., one of Her Majesty's Counsel on behalf of the said George Tomline, suggesting to the Court that the said George Tomline had reason to be dissatisfied with the verdict of the jury assessing the compensation to be paid by the Principal Secretary of State for the War Department to the said George Tomline for the absolute purchase of the above named lands and premises, and mentioned in the joint affidavit of the said George Tomline and William Henry Whitfield, and the exhibits therein referred to, and upon reading the said affidavit, it is ordered by the Court that the Sheriff of the County of Suffolk and Her Majesty's Principal Secretary of State for the War Department do within a week after service of this order, or a copy thereof, show cause why the proceedings which have been had herein, and the verdict of the Jury assessing the compensation to be paid to the said George Tomline should not be returned into this Court. And it is further ordered that service of this order on the Solicitor to the War Office be deemed good service on Her Majesty's Principal Secretary thereof. 10. W. F. POLLOCK, Queen's Remembrancer. RULE TO RETURN PROCEEDINGS. In the High Court of Justice. Exchequer Division. (QUEEN'S REMEMBRANCER'S OFFICE.) Friday, the 4th day of February 1876. (Title as in form 9, ante.) Upon the Motion of Henry Manisty, Esq., one of Her Majesty's Counsel for the said George Tomline, praying that an Order of this Court, made in these matters on the 15th day of January 1876, may be made absolute, and upon reading the affidavit of William Thomas Davies, and upon hearing Henry Hawkins, Esq., one of Her Majesty's Counsel for the Principal Secretary of State for the War Department. IT IS ORDERED by the Court that the said Order be, and the same is hereby made absolute, and that the proceedings which have been had in assessing the compensation to be paid by the Principal Secretary of State for the War Department to the said George Tomline for the absolute purchase of the abovenamed lands and premises, and mentioned in the joint affidavit of the said George Tomline and William Henry Whitfield, filed therein, and exhibits therein referred to, and also the Verdict of the Jury assessing such compensation, be returned into this Court within a week after service of a copy of this Order upon the Sheriff of the County of Suffolk, the Principal Secretary of State for the War Department, and Barrington Chevallier and Edward Packard, Esqrs., two Justices of the Peace for the said County of Suffolk, who signed the Warrant requiring the Sheriff to summon such Jury for the purpose aforesaid. W. F. POLLOCK, Queen's Remembrancer. 11. RULE NISI FOR NEW TRIAL. In the High Court of Justice. Exchequer Division. (QUEEN'S REMEMBRANCER'S OFFICE.) Wednesday, the 26th day of April 1876. (Title as in form 9, ante.) Upon the motion of Henry Manisty, Esq., one of Her Majesty's Counsel, on behalf of the said George Tomline, and upon reading the joint affidavit of the said George Tomline and William Henry Whitfield, sworn on the 14th day of January 1876, and the exhibits therein referred to, an Order of this Court, dated the 15th January 1876; the affidavit of William Thomas Davies, sworn on the 19th day of January 1876; a further order of this Court, dated the 4th February 1876; the proceedings which have been had herein and the Verdict of the Jury returned into this Court; also a further affidavit of the said George Tomline, sworn on the 24th of February 1876; the affidavit of James Beal and the joint affidavit of Marshall Herbert Lowe, Walter John King, Charles Hammond, and Frederick William Wilson: It is ordered by the Court that Her Majesty's Principal Secretary of State for the War Department do, within a week after service of this Order, or a copy thereof, show cause why the suggestion which has been made to this Court by the said George Tomline, that he, the said George Tomline had, reason to be dissatisfied with the Verdict of the said Jury, should not be entered on the before-mentioned proceedings, on the grounds. 1st. That the verdict was against the weight of the Evidence as to the amount of compensation. 2nd. That the Assessor misdirected the Jury as to the right of the Crown to pull down the Pier or Jetty erected on Lot 5; also as to the principle on which that Lot, including the Jetty, should be valued. 3rd. That the Assessor misdirected the Jury in telling them that in point of law Colonel Tomline was not entitled to anything in respect of the Shingle on Lot 1, and in telling them to say what sum he was entitled to, assuming him to be entitled to something. 4th. On the ground that the Jury ought to have been informed as to the right of the Crown to use guns which would cause injury to buildings erected or to be erected on Lots 2, 3, 4, 5, 6, or 7, and that the summing-up in that respect was calculated to mislead the Jury. And that upon the entry of the said suggestion a Writ may issue, directed to the Sheriff of the County of Suffolk, commanding him to sunimon a Special Jury, duly qualified according to Law, to appear before the Justices of Assize at the Assizes to be holden at Ipswich, in and for the said County of Suffolk, to ascertain and assess the compensation to be paid to the said George Tomline for the absolute purchase of the before-mentioned lands, benthills and foreshore; the nomination and reduction of the said Jury to be taken before the said Sheriff in the presence of the respective parties: And it is further ordered that service of this Order on the Solicitor for the War Department be deemed good service on Her Majesty's Principal Secretary of State for War. W. F. POLLOCK, Queen's Remembrancer. 12. REQUEST TO ACCOUNTANT-GENERAL, COURT OF CHANCERY, FOR DIRECTIONS ΤΟ PAY PURCHASE-MONEY INTO BANK OF ENGLAND, UNDER SECTION 25, DEFENCE ACT, 1842. To the Accountant-General of the Court of Chancery. PURSUANT to an Act of Parliament passed in the 5th and 6th years of the reign of Her present Majesty, intituled "An Act to consolidate and amend the laws relating to the services of the Ordnance Department, and the vesting and purchasing of lands and hereditaments for those services and for the defence and security of the realm," and of another Act of Parliament passed in the 18th and 19th years of the reign of Her present Majesty, intituled "An Act for transferring to one of Her Majesty's Principal Secretaries of State the powers and estates vested in the Principal Officers of the Ordnance," and of another Act passed in the 22nd and 23rd years of the reign of Her present Majesty, intituled "An Act to regulate the office of Queen's Remembrancer and to amend the practice and proceedings on the revenue side of the Court of Exchequer," you will please to give your directions for Her Majesty's Principal Secretary of State for the War Department to pay into the Bank of England the sum of to be placed to your account as Accountant-General and to the credit of exparte "An Act to consolidate and amend the laws relating to the services of the Ordnance Department and the vesting and purchases of lands and hereditaments for those services and for the defence and security of the realm." The account of * * * Solicitor to the War Department, 186 13. REQUEST TO ACCOUNTANT-GENERAL, COURT OF CHANCERY, FOR To the Accountant-General of the Court of Chancery. PURSUANT to the Defence Act, 1860, and the Defence Act, 1842, as amended by Section 8 of the Act of the Session holden in the 22nd and 23rd years of the reign of Her Majesty, Chapter 21, I request your directions for Her Majesty's Principal Secretary of State for the War Department to pay into the Bank of England the sum of to be placed to your account there as Accountant-General in the matter of the Defence Act, 1860, to the credit of the sum of part thereof being the compensation payable by the said Secretary of State in respect of required to be taken absolutely under the powers and provisions of the first-mentioned Act, and in respect of required to be kept free from buildings and other obstructions for the of the said Act, and the sum of residue thereof purposes being an equivalent for the expenses consequent on such payment. Solicitor to the War Department, 186 14. NOTICE CONVENING COMMONERS TO SETTLE COMPENSATION FOR COMMON RIGHTS.1 Cleygate Common, Surrey. WHEREAS Cleygate Common situate in the parish of Ash in the county of Surrey (as mentioned and described in the Schedule hereto annexed) and the soil thereof has been purchased by and is vested in Her Majesty's Principal Secretary of State for the War Department subject to commonable and other rights which the said Secretary of State is desirous of extinguishing under the provisions of the Statutes hereinafter mentioned and referred to Now therefore this is to give notice that the said Principal Secretary of State in pursuance of the powers of the "Land Clauses Consolidation Act 1845" and of an Act of the 17th and 18th Vict. c. 67 to facilitate the purchase of common commonable and other rights by the Principal Officers of Her Majesty's Ordnance and of the "Ordnance Board Transfer Act 1855" and of an Act of the 22nd Vict. c. 12 hereby calls or convenes a meeting to be held on Wednesday the 11th day of July 1877 at 12 o'clock at noon at the "Bridge House Hotel" Wharf Bridge of all parties entitled to commonable and other rights over or in the said piece of land for the purpose of the said parties appointing a Committee (not exceeding five in number) to treat with the Secretary of State for the compensation to be paid for the extinction of such commonable or other rights. Dated this 20th day of June 1877. By order of the said Principal Secretary THE SCHEDULE. All that land in the parish of Ash in the county of Surrey known as Cleygate Common parcel of the Manor of Cleygate in the same county and all other lands common or waste of such manor. 1 See pp. 31 and 32, arte. 15. RESOLUTIONS OF MEETING OF COMMONERS.1 Cleygate Common. Ar a meeting duly convened by public advertisement inserted by order of Her Majesty's Principal Secretary of State for the War Department in the "Surrey County Chronicle" newspaper, on the 23rd and 30th days of June 1877, and also in the "Surrey Advertiser " newspaper on the same days, and by notice affixed to the door of the Parish Church of St. Peter, Ash, in the county of Surrey, on the 26th day of June 1877, held on Wednesday, the 11th day of July 1877, at the Bridge House Hotel, in the neighbourhood of the land hereinaftermentioned. Present, William Parrott, Chairman, and others. On behalf of themselves and all other persons claiming to be entitled to commonable and other rights over or in the land hereinafter-mentioned and described, which said land is required by the said Secretary of State for public purposes under the powers and provisions of the Defence Act, 1842. The said William Parrott having been first appointed to preside at the said meeting as chairman thereof, it was resolved that Edward Joseph Halsey, William Parrott, John Steadman, George Fladgate, William Wells, being persons entitled to commonable and other rights over or in the land hereinafter-mentioned and described should be and they were accordingly, in pursuance of the Lands Clauses Consolidation Act, 1845, and the 17th and 18th Vict., c. 67, to facilitate the purchase of common, commonable, and other rights by the Principal Officers of Her Majesty's Ordnance, appointed by the other persons so present at the said meeting to be a Committee to treat with the said Secretary of State (in whom, by virtue of the Ordnance Board Transfer Act, 1855, are vested the powers conferred by the said Acts) for the compensation to be paid for the extinction of such commonable and other rights over all that land in the parish of Ash, in the county of Surrey, forming part of Cleygate Common, parcel of the Manor of Cleygate in the same county, and all other land, common, or waste of such manor; and to enter into an agreement with the said Secretary of State for such compensation to be paid for the extinction of such commonable and other rights, and all matters relating thereto, for and on behalf of themselves, and all other parties interested in such rights; and also to receive the compensation that shall be agreed to be paid, and to give an effectual receipt for the same pursuant to and in the manner prescribed by the said Lands Clauses Consolidation Act, 1845, and to have and exercise all such other powers and authorities as are vested in Committees of a like nature under and by virtue of the lastnamed Act. Dated this 11th day of July 1877. WILLIAM PARROTT, Chairman, on behalf of Committee. We, the undersigned, hereby agree to act as such Committee as aforesaid. |