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lawful for the Highway Board or other the body from time to time. charged with the repair of the highways in the said parish of Ash, or the surveyor of such body, to take from time to time for the repair of the same roads, but not for any other purposes, gravel and stone from such part or parts of the said common or waste lands and hereditaments described in the said schedule hereto as shall from time to time be appointed by or on behalf of the said Secretary of State. In witness. whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

The Schedule to the above-written Agreement.

All that tract of common or waste land situate 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 (if any) the lands, parcel of the same Manor, forming part of the waste thereof, and subject to rights of common exercisable thereon by the tenants of the same Manor.

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ROBT. EDM. MELLERSH, Solicitor, Godalming, Surrey. (L.S.)

Colchester, 8 1097

17.

NOTICE UNDER SECTION 27, DEFENCE ACT, 1842.1

As to Stoppage of Footpath.

Her Majesty's Principal Secretary of State for the War Department, pursuant to the powers of the Defence Act, 1842, has stopped up a portion of the public footpath at Bury St. Edmunds, in the county of Suffolk, leading from the Newmarket Road to the Village of Farnham, viz., the path on the East and North sides of Mr. John Lee's property recently purchased by the War Department, and has provided and made in lieu thereof another public footpath in continuation of the path on the West side of the Grammar School property, and along the West side of the said property purchased from Mr. John Lee, to meet the Newmarket Road at the south-west angle of the said property. Dated this seventh day of July, One thousand eight hundred and seventy-six. By Order of the said Principal Secretary of State.

C. M. CLODE.

NOTE-Copies of the notice and of the Defence Act, 1842, are

usually lodged with the Clerk of the Peace.

1 See p. 33, ante.

18.

DEED OF DEDICATION OF BURIAL GROUND.1

WHEREAS Her Majesty's Principal Secretary of State for the War Department is entitled to the fee of all that piece or parcel of land situate, lying, and being in the parish of Aldershot, in the county of Southampton, containing 3 A. 2 R. 8P., or thereabouts, as the same is more particularly delineated in the plan hereto annexed, and therein coloured green, in trust for Her Majesty, her heirs, and successors: And whereas the said Secretary of State, in pursuance of the trusts vested in him by certain Acts of Parliament, or otherwise, has set apart a certain portion of the said lands for a graveyard or burial ground, for the interment only of such of Her Majesty's troops, or others belonging to Her Majesty's Service, as shall die at the Camp at Aldershot: And whereas the said Secretary of State has applied to and requested the Right Rev. Charles Richard, Lord Bishop of Winchester, to consecrate the said burial ground or graveyard, which he has consented to do upon the same being set apart by the said Secretary of State for ever for the interment of such deceased troops as aforesaid;

Now, know all men by these presents that I, Her Majesty's Principal Secretary of State for the War Department, for myself and my successors in office, have set apart, dedicated, and settled, and by these presents do set apart, dedicate, and settle, all the aforesaid piece or parcel of land as delineated on the map or plan hereto annexed, and coloured green, containing 3 A. 2 R. 8 P., or thereabouts, and declare that the same has been set apart, dedicated, and settled, and shall for ever be and remain and continue for a graveyard or burial ground for the interment only of such of Her Majesty's troops, or others in Her Majesty's Service, or belonging to any Military Department of Her Majesty as shall die in said Camp at Aldershot, or the neighbourhood thereof, and shall never hereafter be used for any common or profane use or purpose whatsoever, and to be consecrated by the name of "The Military Burial Ground," Aldershot. In witness whereof I have hereunto set my hand and affixed my seal this day of

A.D. 1856.

19.

DEED OF DEDICATION OF GROUND FOR A CHURCH.

WHEREAS Her Majesty's Principal Secretary of State for the War Department is entitled to the Fee (in trust of Her Majesty) of a certain piece or parcel of land situate, lying, and being in the parish of Woolwich, in the County of Kent, whereon a building has been lately erected, and which is intended to be used as a Church or Chapel, wherein Divine Service may be performed, and which said piece or parcel of land is more particularly delineated in the plan hereto annexed, and therein coloured green, in trust for Her Majesty, her heirs and successors. And whereas the said Principal Secretary of State, in pursuance of the trusts vested in him, by certain Acts of Parliament, or otherwise, has set apart the said piece or parcel of land, and the Church thereon erected for the performance of Divine Worship, for the use only of

1 See p. 41, ante.

persons belonging to, or employed in Her Majesty's service at Woolwich aforesaid. And whereas the said Secretary of State has applied to, and requested the Right Reverend Archibald Campbell, Bishop of London, to consecrate the said church, which he has consented to do upon the same being set apart by the said Secretary of State for ever, for the performance of Divine Worship. Now know all men by these presents that I, Her Majesty's Principal Secretary of State for the War Department, for myself and my successors in office, have set apart, dedicated and settled, and by these presents do set apart, dedicate, and settle, all that the aforesaid piece or parcel of land as delineated on the map or plan bereto annexed and coloured green, together with the Church erected thereon. And declare that the same has been set apart, dedicated, and settled, and shall for ever be and remain and continue as a Church for the performance of Divine Worship according to the rules and ceremonies of the United Church of England and Ireland, and shall never hereafter be used for any common or profane use or purpose whatsoever. And to be consecrated by the name of "The Church of the Holy Trinity." In witness whereof I have hereunto set my hand and affixed my seal this day of in the year of our Lord

1863.

20.

NOTICE REQUIRING REMOVAL OF BUILDINGS.1
WHEREAS the lands occupied by you in the parish of

in the county of

are included in a certain declaration in writing made under the provisions of "The Defence Act, 1860," by Her Majesty's Principal Secretary of State for the War Department, and dated the

18 and are numbered

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day of

in the Schedule and Plan

thereto annexed, and are required to be kept free from buildings and other obstructions for the purposes of the said Act. And whereas copies of such Declaration, Schedule, and Plan may be seen on application to the Clerk of the Peace for the said county, or to the Parish Clerk of the said Parish. And whereas under the provisions of "The Defence Act, 1860," no building or other structure (other than barns, hovels, or other like structures of wood) may be made or erected on the said land numbered as aforesaid, and further, by the same Act it is enacted that it shall be lawful for the said Secretary of State at any time, and from time to time to enter and pull down any buildings or structures (other than as aforesaid) made or erected on the said land. And whereas the buildings or structures mentioned and set forth in the Schedule hereto annexed have been erected on the said land numbered contrary to the provisions of the said "Defence Act, 1860." Now notice is hereby given that you are required by Her Majesty's Principal Secretary of State for the War Department to pull down and remove the said buildings and structures forthwith, and that if the same buildings and structures are not pulled down and removed on or before the

day of

next, the said Secretary of State will enter upon the said land numbered and pull down the same buildings

and structures thereon.

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THE SCHEDule.

The Buildings and Structures to be pulled down and removed under the Provisions of "The Defence Act, 1860."

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KNOW all men by these presents, that I, the undersigned, being Her Majesty's Principal Secretary of State for the War Department, do hereby make, constitute, and appoint

in Her Majesty's Corps of Royal

Engineers (the Commanding Royal Engineer for the district), and

of in the said District, jointly, and each of them separately, to be the true and lawful Attorneys and Attorney for me, and in my name as Secretary of State forthwith, in accordance with the provisions of "The Defence Act, 1860," to enter upon the said lands mentioned and referred to in the Notice hereto annexed, and to pull down the building and structures thereon which are mentioned and set forth in the Schedule thereto annexed, and generally to do all lawful acts and things in entering upon the same lands and pulling down the said buildings and structures as effectually as I, the said Principal Secretary, might or could do if personally present; I, the said Principal Secretary, hereby confirming and agreeing to confirm whatsoever my said Attorneys or Attorney shall lawfully do in and about the premises. In witness whereof, I, the said Principal Secretary, have hereunto subscribed my hand and affixed my seal, this day of 18.

Signed, sealed, and delivered by Her Majesty's Principal Secretary of State for the War Department in the presence of

Solicitor to the War Department.

1 See pp. 43, 63, and 64, ante.

22.

AGREEMENT AS TO REMOVAL OF BUILDINGS.1

THIS INDENTURE, made the year of our Lord One thousand between

in the county of

day of

Eight hundred and

of

in the

of the one part and Her Majesty's

Principal Secretary of State for the War Department of the other part. Whereas the said as 2

in the county of

or claim to be entitled to certain lands in the parish of included in

a certain declaration in writing made under the provisions of the Defence Act 1860 by Her Majesty's Principal Secretary of State for the War Department and dated the

day of 18 and numbered in the schedule and plan thereto annexed and required to be kept free from buildings and other obstructions for the purposes of the said Act copies of which declaraton Schedule and plan were deposited with the Clerk of the Peace for the said county and with the Parish Clerk of the said Parish. And Whereas under the provisions of the Defence Act 1860 no building or other structure (other than barns hovels or other like structures of wood) may be made or erected on the said land and the said Secretary of State is empowered from time to time to enter and pull down any buildings or structures other than as aforesaid thereon. And Whereas the buildings or structures mentioned or set forth in the Schedule hereto annexed have been erected on the said land contrary to the provisions of the Defence Act 1860. And Whereas the said Principal Secretary was lately about to enter under the provisions of the said Act on the said land and to pull down the said buildings and structures thereon but has on the request of the said other part hereto agreed to defer for the present so doing on the said other part hereto entering into the covenants and agreements on h part hereinafter contained. Now therefore this indenture witnesseth that in consideration of the premises the said

for h

heirs executors administrators and assigns do hereby covenant with the said Principal Secretary his successors and assigns in manner following that is to say :

1. The said covenantor h heirs or assigns or other the owners or occupiers of the aforesaid land will at any time hereafter at their own expense within seven days next after they or any of them shall by notice from the said Principal Secretary or his successors have been required so to do pull down the said buildings and structures mentioned in the said Schedule hereto and remove from off the said land the materials of the buildings and structures so pulled down and restore the site of such buildings and structures to the state it was in previous to the erection thereof

2. It shall be lawful for the said Principal Secretary or his successors at any time hereafter to enter upon and pull down the said buildings and structures mentioned in the said Schedule hereto as fully and effectually as he or they might have done if these presents had not been made or executed. And also to take possession of and sell by public auction or private contract and generally in such a way and

1 See p. 44, ante.

2 Tenant in fee simple or for years, &c.

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