time to time, 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. 6. It shall be lawful for the commissioners, instead of the Instead of bond mentioned in sections eighty-five and eighty-seven of the bond required by 8 & 9 Vict. Act incorporated herewith, to give to the party who would c. 18., comotherwise be entitled to such bond a written undertaking under missioners their hands to do and perform all and singular the matters and may give things mentioned in the condition to such bond to be done and performed; and such undertaking shall have the same validity and effect as the bond mentioned in the same sections. undertaking. 7. The powers and authorities by this Act given to the com- Powers to missioners relative to the lands mentioned in the said schedule apply to purchases already shall, so far as the commissioners may at any time or times made. deem expedient for effecting any of the objects of this Act, be applicable as well to any of such lands already purchased or taken, or agreed to be purchased or taken, as to such as shall hereafter be purchased or taken under the provisions of this Act. 8. All notices which under this Act are to be given by the Notices by commissioners may be given under the hand of the secretary of commissioners. the Admiralty. 9. All notices and other proceedings which under this Act are Notices, &c. to be given to or served on the commissioners shall be served on to the commisthe secretary of the Admiralty, by being left at or transmitted sioners. through the post to the Admiralty at Whitehall. 10. All lands mentioned in the said schedule which have been Lands to conpurchased by the commissioners, and which may be purchased tinue liable to under the authority of this Act which may be charged with the land tax. land tax, shall continue liable thereto, as they would have been had such lands not been so purchased. and divert 11. It shall be lawful for the commissioners, by order in Commissioners writing under their hands, to stop up, divert, or alter all or any may stop up of the ways, sewers, drains, and pipes on, near to, under, through, ways, &c. or over any of the lands mentioned in the said schedule, they the said commissioners making, opening, or laying down another sufficient way, sewer, drain, or pipe, when requisite, in lieu of commissioners. the one stopped up, diverted, or altered; and the site and soil Soil of ways, of all such ways, sewers, drains, and pipes shall, on the same &c. to vest in being so stopped up, diverted, or altered, be vested in the commissioners, in manner herein-before provided with respect to lands purchased by them. stituted ways, 12. Upon any such substituted way, sewer, or pipe being Soil of subcompleted, the site and soil thereof shall vest in the same persons, &c. to vest in for the same estate and interest only, as the site and soil of the persons in whom ways, &c. stopped up vested. Other public drains, &c. to be made in lieu of any stopped up. Substituted ways, &c. to be repaired by way, sewer, drain, or pipe stopped up, diverted, or altered was vested in at the time the same was so stopped up, diverted, or altered. 13. If it shall be deemed necessary to stop up, divert, or alter any way under or through which any public drain or sewer, or main pipe for the conveyance of gas or water, shall pass or be laid, the commissioners, previously to any such drain, sewer, or pipe being disturbed or injured, shall cause another good and sufficient drain or sewer to be made, and other good and sufficient pipe or pipes for the conveyance of gas or water, as the case may be, to be laid down. 14. Every way, drain, sewer, and pipe which shall be so substituted by the commissioners shall be kept in repair and commissioners maintained by the commissioners for twelve calendar months from the time when the same shall be opened or shall be begun to be used. for twelve months. After twelve months, by persons liable to repair the 15. After the expiration of such twelve calendar months, every such substituted way, drain, sewer, and pipe shall be repaired and maintained by and at the cost of the persons who were previously old ways, &c. liable to repair and maintain the way, drain, sewer, or pipe in lieu of which such substituted way, drain, sewer, or pipe shall have been made. Commissioners 16. It shall be lawful for the commissioners from time to time may sell lands. to sell, exchange, or in any manner dispose of, or to demise or let, all or any of the said lands hitherto purchased by the commissioners, and which from time to time may be purchased or acquired under the authority of this Act; and it shall be lawful for the commissioners to grant, convey, assign, or demise the same or any part thereof accordingly, and for that purpose to make and execute all such conveyances and assurances as they may deem necessary, and to do any other act, matter, or thing in relation to such lands as the commissioners shall deem necessary. Lands obtained on ex change to vest in commis. sioners. Monies re ceived on sale to be paid to paymaster general. 17. All lands acquired by the commissioners on any such exchange shall vest in the commissioners upon the same trusts, and with the like powers in all respects, as are hereby declared as to lands hereby authorized to be purchased. 18. The monies to be produced by sale or exchange, or which may be paid by way of premium, for any lease of any lands which shall be sold, let, exchanged, or conveyed, under the provisions of this Act, shall be paid by the purchaser or lessee thereof, or the person making any such exchange, to her Majesty's paymaster general for the time being; and the receipt of the said paymaster general for any such monies (such receipt to be endorsed on every such conveyance, assurance, or lease as aforesaid), shall effectually discharge the purchaser or person by whom or on whose account the same shall be paid. estates, &c. 19. Immediately from and after the payment of any such Lands to vest monies, and the execution of any such conveyance, assurance, or free from prior lease as aforesaid, by the commissioners, the purchaser or lessee therein named shall stand seised or possessed of the lands which shall be so purchased by and conveyed or leased to him freed and absolutely discharged of and from all prior estates, rights, interests, charges, incumbrances, and demands whatsoever which can or may be had, made, or set up in respect of such lands by any person whomsoever, by, from, under, or in trust for her Majesty, her heirs and successors, or on any account whatsoever, save and except such estates, rights, interests, charges, incumbrances, claims, and demands (if any) as in such conveyance, assurance, or lease shall be excepted. two commis 20. All the powers, authorities, and duties hereby vested in or Powers to be imposed on the commissioners may be exercised and performed by exercised by any two of them at any time when the office of the lord high sioners or by admiral shall be executed by commissioners, and at all other lord high times by the lord high admiral for the time being. admiral. 21. Nothing herein contained shall defeat, abridge, or in- Saving of juriously affect, in any action, suit, or other proceedings, the legal rights of her Majesty. rights, privileges, or prerogatives of her Majesty, her heirs and successors; and in all such actions, suits, or other proceedings commenced under or in pursuance of this Act, and in all matters relating thereunto, it shall be lawful for the commissioners to claim, exercise, and enjoy all the same rights, privileges, and prerogatives which have been heretofore claimed, exercised, and enjoyed in any actions, suits, or other proceedings whatsoever, in any court of law or equity, by her Majesty or her predecessors, in the same manner as if the subject matter of the said action, suit, or other proceeding were vested immediately in her Majesty, her heirs or successors, and as if her Majesty, her heirs or successors, were actually a party to such action, suit, or other proceeding. personally. 22. Nothing contained in this Act and nothing done under or. Protection of in pursuance thereof, shall extend to charge the commissioners or commissioners any of them with the payment of any penalty or penalties, or to charge, affect, or make liable the person or persons of the commissioners or of any of them, or their heirs, executors, or administrators, or their own proper lands, tenements, goods, chattels, or property, in, under, or by reason of any actions, suits, arbitrations, or other proceedings whatsoever, at law, in equity, or otherwise, instituted, agreed, made, or taken under or in pursuance of this Act, nor shall the commissioners or any of them be personally liable, nor shall the property of the commissioners or any of them be liable, to any legal process or execution in any such actions, suits, arbitrations, or other proceedings as aforesaid. The SCHEDULE to the foregoing Act. The property herein after described is bounded as follows; that is to say, on the north by the present Royal Marine Barracks, on the west by the gun wharf belonging to the War Department, on the south by the churchyard of St. Mary's Church there, and on the east by the Queen's highway or road leading from the town of Chatham to Brompton in the county of Kent. Owners or reputed Owners. 1 A messuage or tene ment and dwelling Navy and Army Lessees or reputed Lessees. Elizabeth Mary Jenner, Hannah Jenner, Frederick Manser Charles Jenner, Ann Jenner, William Jenner, Kentish Jenner, and Charles Kennington and Ellen his wife. Passage way and Harriet Best, the Reverend Sir Charles A messuage, tene ment, or dwelling house, shop, ware- James Grover, Edward Winch. Elizabeth Mary Jenner, Hannah Jenner, James Grover Charles Jenner, Ann Jenner, William Jenner, Kentish Jenner, and Charles Kennington and Ellen his wife. Frederick Manser. Occupiers. Owners or reputed Owners. Lessees or reputed Lessees. Occupiers. 4 Dwelling 5 house, yard, garden, and A messuage, tene- house, yard, gar- called the Queen's 8 Dwelling 9 house, yard, garden, and premises. Harriet Best, the Reverend Sir Charles Edward Winch distly Gaussen Best. Harriet Best, the Reverend Sir Charles Edward Winch Harriet Best, the Reverend Sir Charles Edward Winch Harriet Best, the Keverend Sir Charles Edward Winch, James Hulkes, Charles William Beauclerk John Connell Dwelling house and James Hulkes, Charles William Beauclerk John Connell premises. and Penelope his wife, Robert Henry R |