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eo. IlI.,

1, sec. 1.

& 17 Vict.,

32, s. 24. (L. & P.)

id, sec. 26.

48 Geo. III., c. 101.

the lane or road herein

This last Act authorised the Crown to stop up, take away, His Majesty and extinguish the use of so much of the lane or road therein may stop up described, as leads from the boundary stone which divides the parishes of Chatham and Gillingham situate near to Slykates described. Hill along the front of the farm houses into the turnpike road leading from Canterbury to Brompton; and that no person or persons whosoever shall at any time or times hereafter use, claim, or demand the said lane or road upon any account whatsoever, either with any horse, beast, cattle, or carriage, or as a way, path, or passage for passengers on foot or otherwise howsoever; any right, claim, usage, or custom to the contrary in anywise notwithstanding.

The second section vested the land or soil of the said roadway in the Crown.

The East Kent Railway Act, 1853 (16 & 17 Vict., c. 132, L. & P.) for making a railway from Strood to Canterbury, contains the following sections relating to War Department lands:

the Tunnel at

The tunnel proposed to be constructed to the eastward of As to the conFort Pitt shall be extended for a distance of 260 yards to the struction of westward of the west mouth of the tunnel instead of the open Fort Pitt. cutting under the horn work of Fort Pitt as shown on the plans and sections, and that the said tunnel shall be extended for a distance of 44 yards to the eastward of the east mouth of the said tunnel, instead of the open cutting at present shown on the said plans and sections, and that such tunnel shall be made and constructed under the directions of the Commanding Royal Engineer for the time being of the district, and to the satisfaction of the Master-General and Principal Officers of Her Majesty's Ordnance, at the costs and charges of the said company.

Chatham.

And whereas in consequence of the construction of the said As to fortifiintended railway, certain works or alterations may be required cations at to place the fortifications at Chatham in their present state of defensive power: Be it therefore enacted, that the said company, when called upon by the said Master-General, shall lay out and expend any sum or sums of money not exceeding in the whole the sum of 1,2007. in such works or alterations under the directions of the said Commanding Royal Engineer: Provided always that the said company shall not be liable to pay or expend any portion of the said sum of 1,2007, unless they are called upon to do so within two years after the completion of that portion of the said railway which is intended to pass through or near to the said fortifications.

No buildings

to be erected

on the Ordnance pro

(L. & P.)

That nothing contained in this Act shall extend to authorise 16 & 17 Viet the company to construct any erection or building above the c. 132, sec. 27 surface of any ground belonging to Her Majesty, and under the perty without charge of the said Board of Ordnance, without the consent of the Principal Officers of Her Majesty's Ordnance or their successors, signified in writing under the hand of the Secretary of the said Principal Officers for the time being.

consent.

For protec

tion of Clif

Clifford's Fort.

On 17th June 1852, "The Tyne Improvement Act, 1852," (15 Vict., c. 110) was passed, which enacts:

(L. & P.)

And whereas it is indispensably necessary that the forts, 15 Vict., ford's Fort. lands, and other public property belonging to Her Majesty, and c. 110, sec. 49 under the charge of the Board of Ordnance, should be preserved from injury or obstruction arising from or in consequence of any of the works intended to be made by virtue of this Act: Be it therefore enacted, that nothing in this Act contained shall authorise the said Commissioners to interfere with or in any ways prejudice the defence of Clifford's Fort or Spanish Fort, or to enter upon, or possess, or occupy any buildings or land belonging to Her Majesty, for the purposes of the said works, or otherwise, without the consent of the Principal Officers of Her Majesty's Ordnance under their hands first obtained for that purpose.

Preserving supply of water to the

Barracks in the City of Cork.

Cork.

21 Geo. II., c. 9, sec. 4 (Irish Parliament).

On 16th July 1846, an Act (9 and 10 Vict., c. 196, L. & P.) was passed to extend the Great Southern and Western Railway to Cork, and the 14 sec. enacts as follows:

(L. & P.)

And whereas the construction of the said intended railway 9 & 10 Vict., may interfere with or divert the supply of water from the c. 196, sec. 14 springs by which the barracks in the said city of Cork are now supplied with water; be it therefore enacted, that if by reason of the construction of works of the said intended railway there shall be any failure or diminution in the supply of water as aforesaid to the said barracks, then and in such case the said railway company shall and will, at their own cost and charges, sink such wells or use such other proper and efficient means to preserve and continue the necessary supply of water to the said barracks as shall be required by the Master-General and Principal Officers of Her Majesty's Ordnance, and perform and complete the same under the Superintendence of the Commanding Royal Engineer for the time being of the Cork district.

& 43 Vict.. 94, sec. 6. (L. & P.)

id, sec. 9.

On the 3rd July 1879, "The Great Southern and Western
Railway (Additional Powers) Act, 1879" (42 & 43 Vict., c. 94,
L. & P.) received the Royal Assent, and enacts:—

branch at the

Belvelly

The Company may remove the viaduct and drawbridge Alteration of which carries the Queenstown branch over that portion of the Queenstown estuary of the River Lee known as the Belvelly Channel, and may substitute therefor embankments and an iron girder channel. bridge of three openings, the central opening of which shall have a span of 70 feet measured from centre to centre of the piers, and a height of not less than 51.44 feet from the under side of the girders to the datum line as delineated on the amended plans, and the openings on either side a span of 60 feet measured from centre to centre of the piers, and each pier shall (unless otherwise agreed between the Company and the Commissioners) consist of three cylinders, and the diameter of each cylinder shall not exceed five feet.

State for

The Company shall not stop up or interfere with the use of Secretary of the road numbered on the deposited plans three, in the townland war to have of Marino and parish of Clonmel, until they have acquired the right of way site for and provided a new road equal to and in substitution over substi for that road, and over which new or substituted road Her tuted road. Majesty's Secretary of State for War shall be entitled to exercise the same rights of way as he at present has, exercises, and enjoys over the road which the Company are by this Act authorised to stop up and acquire.

& 32 Vict., 60, secs. 3 4.

The Curragh of Kildare.1

This Estate, belonging to the Crown, is regulated by

I. The Act of 1868.

II. The Award of 1869.

III. The Act of 1870.

I. The Act of 1868:

Of this property a map was made and deposited in the year 1868 with the Clerk of the Peace of the county of Kildare, on which the Curragh was delineated, and for the better management thereof the 31 and 32 Vict., cap. 60, was passed, the principal provisions of which statute are as under:—

Subject to the provisions of this Act, the care, management, Management and preservation of the Curragh shall be vested in the Ranger of Curragh of the Curragh, who shall be appointed by the Lord-Lieutenant, by Ranger. and hold office during pleasure, and have such powers and perform such duties in relation to the management and preser- Office of vation of the Curragh as the Lord-Lieutenant thinks fit to Ranger.

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Office of

Deputy
Ranger.

Division of

Curragh into three parts.

Control of

Site of Camp

by War

Department.

Use of Rifle ground.

Use of green lands.

direct, but there shall not be any salary, fees, or other pecuniary
remuneration paid to or received by the Ranger.

The Lord-Lieutenant shall appoint a fit person to be Deputy 31 & 32 Vict
Ranger, who shall hold office by the same tenure as a person c. 60, sec. 5.
serving in an established capacity in the permanent civil service
of the State, but shall be removable by the Lord-Lieutenant;
and the Deputy Ranger shall have such powers and perform
such duties as the Lord-Lieutenant, with the advice of the
Ranger, from time to time, thinks fit to direct. The Ranger
shall also appoint two bailiffs to assist the Deputy Ranger, and
such bailiffs may be removed at any time by the Ranger.

The Curragh shall, for the purposes of the user thereof, be Ibid, sec. 7. deemed to be divided into three parts, as follows:

1. A part lying to the eastward, coloured brown on the
deposited map, occupied by or adjoining to the
encampment, which part is referred to as the site of
the camp:

2. A part lying to the south and south-east of the site of
the
camp, coloured blue on the deposited map, used
as a ground for rifle practice, which part is referred
to as the rifle ground:

3. The residue of the Curragh, coloured green on the
deposited map, which part is referred to as the green

lands.

The Secretary of State for War shall have the exclusive use Ibid, sec. 8. and control of the site of the camp while the same shall be occupied by a camp, and during such time all rights of common of pasture, rights of way, or other rights (except the rights of the Crown) in, over, or affecting the site of the camp or any part thereof shall be and the same are hereby suspended until the site of the camp shall be freed and discharged from such rights of common and other rights: provided that nothing herein shall authorise the Secretary of State to erect on the outer boundary thereof any wall of brick or stone or any other erection for the purpose of enclosing the site of the camp, or restrict the public right of way on, over, and along the road crossing the site of the camp marked on the deposited map and thereon distinguished by the letters X, Y, save that the officer in command of the camp may in any case of riot or disturbance of the peace, existing or apprehended, and on the request or with the consent of a justice in writing under his hand, temporarily close tha: road or any part thereof against public traffic.

The Secretary of State for War shall have the use and Ibid, sec. 9. control of the rifle ground for purposes of rifle and musketry practice, and for instruction in field works, with power to erect and maintain butts and other necessary or proper works for such practice, and to use such rifle ground for the purposes of drill, exercise, and recreation of Her Majesty's troops, and for the purposes of temporary encampment thereon, when required in the judgment of the Secretary of State.

The Secretary of State for War shall continue to have the Ibid, sec. 10.

31 & 32 Vict.,

use of the green lands, subject to the provisions hereinafter
contained, as to a portion thereof, for reviews, drills, and other
military purposes, and for the exercise and recreation of Her
Majesty's troops, and also, with the previous assent in writing
of the Lord Lieutenant from time to time, the use of a portion
thereof for the purposes of temporary encampment thereon in
cases of temporary emergency.

to site of

The Secretary of State for War may at any time and from Power for . 60, sec. 11. time to time, by certificate under his hand with map annexed War Depart deposited with the Clerk of the Peace for the county of Kildare, ment to add take in and add to the site of the camp any portion of the camp. green lands, not exceeding in the whole 100 acres, and the land comprised in any such certificate shall, from and after the deposit thereof, be deemed to be part of the site of the camp within the meaning and for the purposes of this Act; and every such certificate shall be in duplicate, and one part of it shall be deposited in the Record and Writ Office, Dublin, within one month after the deposit of the other part with the Clerk of the Peace.

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Power for

The Secretary of State for War may from time to time cause to be made such sewers and drains as are necessary for War Departthe effectual sewering and draining of the site of the camp, and ment to drain may carry such sewers and drains in, under, through, and camp. across any part of the Curragh, doing as little damage as may be.

The Secretary of State for War may bring and may defend Actions and any action, suit, prosecution, or proceeding relative to the site suits by and of the camp or to the rifle ground in respect of any trespass or against War Department. encroachment committed thereon or damage done thereto, or in respect of any other matter connected therewith; and in every such action, suit, prosecution, or proceeding the Secretary of State for War may be so styled, without more; and any such action, suit, prosecution, or proceeding shall not be affected by any change in the person holding the office of Secretary of State for War; and in any such action, suit, prosecution, or proceeding the Secretary of State for War shall be liable and entitled to pay or receive costs according to the ordinary rules observed in actions, suits, prosecutions or proceedings between subject and subject; and the same right of appeal is hereby given to the Secretary of State for War to which a party proceeded against is now entitled, and upon the same terms and conditions, save as to the necessity of the Secretary of State for War being required to enter into a recognizance.

Whenever the Secretary of State for War shall no longer When site of require the use and occupation of the camp and the use and camp and use control of the rifle ground, and shall give notice in writing to of rifle ground no longer rethe Under Secretary of the Lord-Lieutenant of his intention to quired for withdraw from the use and occupation thereof, then one month military purafter such notice the site of the camp shall become and be poses, same to subject to the power, authority, and control of the ranger of ject to control the Curragh, acting under the provisions of this Act. of Ranger.

become sub

The Secretary of State for War may from time to time Power for

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