THE SCHEDule. The Buildings and Structures to be pulled down and removed under the Provisions of "The Defence Act, 1860." 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 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.J 1 See pp. 43, 63, and 64, ante. 18. 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 :— their 1. The said covenantor h heirs or assigns or other the owners or occupiers of the aforesaid land will at any time hereafter at 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. manner as he or they shall think fit all or any of the materials of the building and structures so pulled down and thereout pay all costs and expenses of and attending the pulling down thereof or any such other acts as last mentioned rendering the surplus if any to the persons entitled thereto and able to give a discharge for the same. 3. The said Principal Secretary or his successors shall not be required to give to any person any previous notice of his or their intention to exercise the powers mentioned in or given by the last preceding clause it being however understood that as a matter of courtesy merely but not of obligation his and their power to enter upon the said land and to pull down the buildings thereon shall not be exercised without seven days previous notice to that effect given to some owner or occupier of the said land. 4. In the meantime and until the buildings and structures mentioned in the said Schedule hereto shall be pulled down as aforesaid the said covenantor h heirs and assigns or other the owners or occupiers of the aforesaid land shall pay to the said Principal Secretary and his successors by way of rent for allowing the same buildings and structures to remain the yearly sum of payable half-yearly on the day of and the day of in every year and if the said buildings and structures shall be pulled down on any day other than one of the aforesaid days then also a proportional part of such rent shall on such pulling down as aforesaid be paid from the then last day for payment of the said rent but it is hereby expressly declared that this present clause shall not be deemed to constitute a yearly tenancy between the parties hereto or to qualify any of the preceding provisions of these presents. 5. The covenantor h heirs or assigns or any owners or occupiers of the said land shall not have or prefer any claim or title whatsoever to any compensation for any loss or inconvenience any of them may sustain by reason of any such buildings or structures being pulled down or required so to be under the provisions of these presents or of the Defence Act 1860. 6. Lastly it is hereby expressly declared that these presents or anything herein contained shall not be deemed or construed in any way to abridge prejudice or affect any rights or powers whatsoever which under the Defence Act 1860 or any of the Acts therein referred to or otherwise howsoever the said Principal Secretary or his successors could or might exercise over or in respect of the aforesaid land or any buildings or structures thereon. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. Signed sealed and delivered by the said in the presence of THE SCHEDULE. 23. THE WAR DEPARTMENT STORES ACT, 1875.1 FORM UNDER SECTION 8 of Act. Permitting the Search for Stores. This is to permit and authorize Charles Hudson and John Jacobs, both of 58, High Street, Sheerness, in the county of Kent, fishermen, to gather and search for stores, and to creep, sweep, and dredge in such spaces or distances as are marked out and appropriated for ranges under the provisions of the Artillery Ranges Act 1862, and as lie outside the West, Middle, and East Shoebury black buoys, whether covered with water or not, also in the sea or tidal water within 1,000 yards of all or any of the batteries or forts situate at Sheerness in the county of Kent. Dated this day of 1875. By order of Her Majesty's Principal Secretary of State for the War Department. FORM of appointment of those members of the Consultative Commission who were appointed under the hand of the Secretary of State for War : Under the powers vested in me by the Military Manoeuvres Act, 187, I hereby appoint to be one member of the Commission called in the said Act the Consultative Commission. th 25. 187 (Signed) EDWARD CARDWELL. FORM of appointment, by the Officer in Command of the Forces, of the officers deputed by him to act in conjunction with the Consultative Commission: In virtue of the powers vested in me by the Military Manœuvres Act, 187, I hereby appoint to act with the Consultative Commission in all such matters as are authorized in Section 5 of the said Act. 26 THE form of delegation of powers to the several Committees :Subject to a power of revocation, which the Commission hereby reserve, the Commission hereby, in pursuance of the powers conferred upon it by the Military Manoeuvres Act, 1872, delegates to the several Committees named in the Schedule hereto, all powers exercisable by the Consultative Commission in respect of the authorisation of Lands and Sources of Water and the protection of property, and do hereby empower each of the said Committees, and any two Members of such Committee, in such manner and within such Districts as the said Committees think expedient, from time to time, by order to authorise anything by the said Act directed to be authorised; and in particular to declare what enclosed lands are to be deemed to be authorised lands for the purposes of the said Act, and also by order to make regulations with respect to the protection of cattle and sheep, by securing the same in folds or farmyards, and with respect to any other matter or thing, which the said Committees may deem essential for the purposes of preventing damage to property, and for the more efficiently carrying into effect the purposes of the said Act. (Signed) AILESBURY. 27. The form of authorization of Lands: MILITARY MANŒUVRES ACT, 187 Notice to Landed Propietors, Farmers, and others. We, the Officer deputed by the Officer in Command of the Forces, and the Consultative Commission, by virtue of the powers conferred upon us by the Military Manoeuvres Act, 187 Do hereby authorize as Lands : on which the Forces may enter, the following enclosed lands: Officer deputed by the Officer in Consultative Commissioners } Notice to Landed Proprietors, Farmers, and others. We, the Officer deputed by the Officer in Command of the Forces, and the Consultative Commission, by virtue of the powers conferred upon us by the Military Manoeuvres Act, 187 R |