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All Acts authorized to be done by Commissioners of Woods, &c. may be done

by One.

1 & 2 Vict.

Act to be

construed as

Successors, are by the said Acts or any of them authorized to hold and keep inclosed and in Severalty shall not be thereby increased.

27. All Acts, Matters, and Things to be done or authorized to be done by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, in pursuance of this Act or of the said recited Acts or any of them, may be done by the Commissioner or other Officer for the Time being of Her Majesty in charge of the said Forest.

28. The said Act of the First and Second Years of Her c. 43. and this Majesty, Chapter Forty-three, and this Act, shall, so far as is practicable, be read and construed together as One Act, and the Rules and Regulations contained in the said Awards as varied by this Act shall be deemed applicable to the Provisions of this Act.

One.

THE SCHEDULE.

Day of

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A MEMORIAL to be registered of an Indenture bearing Date
the
18 made between A.B. of, &c.
of the one Part, and C.D. of, &c. of the other Part.
[In the Case of a Transfer or Devolution of any Gale or
Lease by Will or Descent, or in any other Manner
than by a Deed requiring Registration under this Act,
here recite the Circumstances under which such un-
registered Transfer or Devolution took place.]

For the Considerations therein mentioned, [transcribe Parcels], with their Rights and Appurtenances, were conveyed [or assigned] unto and to the Use of the said C.D., his Heirs and Assigns or unto the said C.D., his Executors, Administrators, and Assigns].

[In case of a Mortgage], "by way of Mortgage."

Which said Indenture as to the Execution thereof by the said A.B. and C.D. is witnessed by,

CAP. XLI.

W.Z. of, &c.

An Act to enable the Admiralty to acquire Property
for the Enlargement of Her Majesty's Dockyard at
Chatham in the County of Kent, and to embank
Part of the River Medway; and for other Purposes
connected therewith.
[22d July 1861.]

WHEREAS it is expedient for Her Majesty's Service that Her Majesty's Dockyard at Chatham in the County of Kent should be enlarged, and for such Purpose that the Commissioners for executing the Office of Lord High Admiral ' of Great Britain and Ireland (herein-after styled the Commissioners) should have the Powers herein-after mentioned conferred upon them: And whereas Plans and Sections and a Book of Reference relating to the Enlargement of the said

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• Yard

Yard and to the Embankments and Works herein-after referred to have been deposited with the Clerk of the Peace for the County of Kent:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

1. In the Construction of this Act

Interpretation

The Word "Ways" shall mean Turnpike Roads, High- of Terms.
ways, Streets, Lanes, Occupation Roads or Ways,
Footpaths, Causeways, Passages, and other Ways of
every Kind soever:

The Word" Lands" shall include Lands, Messuages,
Buildings, Tenements, Landing Places, Wharves,
Fisheries, and Hereditaments of every Description
and every Tenure, and all public and private Rights,
Liberties, Appurtenances, Easements, and Privileges
of every Description, in, over, upon, under, or through
any Lands, Messuages, Tenements, and Heredita-

ments:

The Words "Special Act" in the Act incorporated
herewith shall mean this Act, and the Words "Pro-
moters of the Undertaking" and "Company" in the
Act incorporated herewith shall mean the Commis-

sioners:

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The Word Person" shall include a Body Corporate.

c. 18. incor

2. The several Provisions of "The Lands Clauses Consoli- Certain Clauses dation Act, 1845," except Sections 11, 12, 13, 14., 16, 17., of 8 & 9 Vict. 123., 127, 128, 129, 130, 131, 132, 133, 134., 140., 148., 150, and 151. of such Act, shall, so far as the same Provisions may be respectively applicable to and not inconsistent with or modified by the Provisions of this Act, be incorporated with and form Part of this Act as if re-enacted herein, and shall be applicable to the Purposes hereof.

3. Subject and according to the Provisions of this Act, it shall be lawful for the Commissioners, if they think fit, at any Time hereafter to purchase or take all or any of the Lands delineated on the said Plans and mentioned in the said Book of Reference so deposited with the Clerk of the Peace for the County of Kent as aforesaid, or any Estate, Lease, Term, Share, or Interest thereof or therein, and to vary or extinguish any Rights or Privileges connected with any of such Lands which they may at any Time consider requisite for the Enlargement or Improvement of the said Dockyard, or for the Purposes of this Act, and to enter into, execute, and make and do all such Contracts, Assurances, and Things as may seem to them necessary or proper in that Behalf, and when so purchased or taken the same Lands shall be and become and continue vested in the Commissioners and their Successors in Office for the Time being, according to the Nature and Quality thereof respectively, and to the Estate, Term, Share, or Interest Y 2 acquired

Power to Ad

miralty to pur

chase Lands.

Power to the

Commissioners to stop up Creeks and

abolish Laud

ing Places, Ferries, and Roads.

24 & 25 VICT. acquired therein respectively by the Commissioners, to be held and enjoyed by the Commissioners for the Time being in succession in trust for Her Majesty, Her Heirs and Successors, for the Public Service, or as the Commissioners or their Successors in Office may at any Time or Times direct.

4. When the Commissioners shall have acquired or purchased in perpetuity the Fundus or Soil of Saint Mary's Creek, otherwise Swinborough Creek, in the Parishes of Chatham and Gillingham, or One of them, in the County of Kent, and of any other Creek or Inlet shown on the said Plans or One of them, and have compensated the Mayor and Aldermen and Company of Free Dredgers of the City of Rochester for the Destruction of the Fishery in the said Creeks, or any or either of them, it shall be lawful for the Commissioners, without any Writ being issued or other legal Proceeding being adopted, to embank and stop up both or either of the Ends of such Creeks, or of any or either of them, the Fundus or Soil of which shall have been so purchased or acquired, and in respect of which Compensation for the Destruction of the said Fishery shall have been made as aforesaid, and to reclaim the Fundus or Soil and divert the Waters of such Creeks or any or either of them, and to abolish the Ferry across the River Medway from the Hard or Landing Place called Prince's Bridge to and from the opposite Shore of the said River at Upnor, and to stop up and abolish the Highway, Carriageway, and Footpath passing on the Outside of and adjacent to the Eastern and Northern Boundary Walls of Her Majesty's Dockyard at Chatham, extending from the Lower End of Westcourt Street in the Town of Brompton in the Parish of Chatham in the County of Kent to the said Hard or Landing Place called Prince's Bridge, and the Ends nearest the said Highway, Carriageway, and Footpath of all Ways leading into, across, or from the said Highway, Carriageway, and Footpath, passing on the Outside of or adjacent to the said Boundary Walls, and also all Ways over, through, or across any of the Lands acquired or to be acquired under the Provisions of this Act, and also to abolish the Hards or Landing Places at Prince's Bridge and Gillingham Bridge, and the Parish Wharf near thereto, or any or either of them, or any Part or Parts thereof; and the Fundus or Soil of the said Creeks and each of them, when so purchased or acquired respectively as aforesaid, and of the said Hards and Landing Places, and the Site and Soil of the said Highway, Carriageway, and Footpath, shall vest absolutely and exclusively in the Commissioners, as is herein provided with respect to Lands purchased, taken, or acquired by the Commissioners under this Act; and it shall be lawful for the Commissioners to make such Openings in the Embankments or Walls of the said Creeks, or any or either of them, at any Time or Times, as they the Commissioners may deem expedient for Her Majesty's Service.

5. Not

struct a public

Boundary Wall of Dockyard.

5. Notwithstanding anything in this Act contained, the Before abolishCommissioners shall, before abolishing the said Ferries or ing certain existing LandLanding Places called respectively Prince's Bridge and Gil- ing Places Adlingham Bridge, and taking possession of the Wharf and Land miralty to conbelonging to the said Parish of Gillingham, and the Roads Wharf at Eastapproaching thereto, construct and complete a public Wharf ern Side of proup to Low-water Mark at Spring Tides for the said Parish as posed new near as may be to the Eastern Side of the proposed new Boundary Wall of the said Dockyard, such Wharf to be of the Length of Six hundred Feet or thereabouts, with a Wharf One hundred Feet in Width for the whole Length, with an inclined Road or Draw Dock for loading and unloading Barges, and shall in carrying out the Arrangement give adequate and sufficient Protection from the Sea up Gillingham Reach for Vessels when lying alongside the Wharf, either by an Embankment carried along the Line of Low-water Mark and raised above High-water Mark, or by forming the opposite or East Wall of the Camber, or by placing the Camber itself and Draw Dock on the West Side of the Wharf, or in some Manner to the Satisfaction of the Board of Surveyors of the said Parish of Gillingham which may be equally efficient, and also make proper and sufficient Roads and Approaches to the said Wharf to and from the High Road near thereto, and that the Expenses of the Solicitor and Engineer of the Board of Surveyors connected with this Clause up to the Insertion thereof, and any necessary Expenses for conveying to the Commissioners the said Wharf and Land, Hards, Landing Places, Highways, Carriageways, and Footpaths authorized to be stopped up and abolished by this Act, and for vesting the new Wharf and the Roads approaching thereto in the Board of Surveyors of the Parish of Gillingham shall be defrayed by the Commissioners; but the Board of Surveyors of the said Parish of Gillingham shall not be entitled to any pecuniary or further Compensation for such Conveyance by them to the Commissioners.

6. It shall be lawful for the Commissioners to make at any Power to the Time or Times such other Embankments or Walls in the Commissioners River Medway and on its Shores or Banks as they may think fit, bankments.

either on the Sites indicated on the said Plans and Sections or any of them, or anywhere within the Limits of Deviation marked thereon, and to purchase or acquire the Fundus or Soil of such Parts of the River Medway, and of any of its Creeks or Inlets, and of its Shores or Banks, as may be necessary for such Embankments or Walls, and to have or leave within the same such Parts of such Fundus or Soil, and to make such Openings, Culverts, Quays, Hards, Landing Places, and Wharves in, through, or upon all or any of such Embankments or Walls, or any of the Lands acquired or to be acquired under this Act, as the Commissioners may at any Time or Times deem necessary; and after such respective Purchases or Acquisitions the Sites of such Embankments or Walls, and the Fundus or Soil of such Parts of the River Medway and of its Creeks and Inlets, and of

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to make Em

Power to Admiralty to

stop up Sewers, &c.

Power to survey.

Lands purchased to be liable to Land Tax.

Services of
Notices, &c.

its Shores or Banks, as may be within the same, shall vest absolutely and exclusively in the Commissioners for the Purposes of this Act.

7. It shall be lawful for the Commissioners, without any Writ being issued or other legal Proceeding being adopted, to stop up or divert or alter all Sewers, Streams, Watercourses, Drains, or Pipes, be the same for Gas or Water or other Purposes, in, under, or through or affecting any of the Lands acquired or to be acquired by them under this Act, they, at the Cost of Her Majesty, if necessary, previously making, opening, or laying down another good and sufficient Sewer, Drain, or Pipe, or a good and sufficient Course for the Stream or Watercourse, in lieu of any such diverted, altered, or stopped up, and at such convenient Distance therefrom as to the Commissioners shall seem proper and necessary; and upon such substituted Sewer, Drain, Pipe, or Course being completed or opened, or in case the same shall not be necessary, then as soon as Possession shall be taken by the Commissioners, the Site of so much of any such Sewer, Stream, Watercourse, Drain, or Pipe diverted, altered, or stopped up as lies or passes in, under, over, or across any of the Lands acquired or to be acquired under the Provisions of this Act, and all Interest therein, shall vest absolutely in the Commissioners and their Successors for ever, in manner herein-before provided with respect to Lands purchased, taken, or acquired by the Commissioners under this Act, and the new Sewer, Drain, Pipe, or Course shall vest in the same Bodies Corporate, Commissioners, Trustees, or other Persons, and for the same Estate and Interest, in whom and for which the Sewer, Drain, Pipe, or the Course of the Stream or Watercourse so diverted, altered, or stopped up was vested at the Time of the Diversion, Alteration, or Stoppage thereof by the Commissioners.

8. It shall be lawful for the Commissioners, their Surveyors, Officers, Agents, Servants, and Workmen, at all reasonable Times, and causing as little Damage or Inconvenience as may be, to enter into or upon any such Lands as the Commissioners are empowered to take under this Act, and to survey and value the same, without being liable to any Action or Suit in respect thereof.

9. All Lands purchased, taken, or acquired under the Authority of this Act which may be charged with the Land Tax shall continue liable thereto as they would have been had such Lands not been so purchased, taken, or acquired, but so nevertheless that the Commissioners shall have Power to redeem the Land Tax, under the Acts in that Behalf made, if and when they think fit.

10. Any Notice, Summons, Writ, or other Document required to be served on the Commissioners for the Purposes of this Act may be served by being delivered to their Solicitor for the Time being, or by being sent to him by Post addressed to him, either at his Office or at the Admiralty,

Whitehall,

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