S l l l l l (No. 2.) A BILL ΤΟ Empower the Commissioners of the Admiralty to construct a Tunnel between Her Majesty's Dockyard at Devonport and Her Majesty's Steam Factory Yard at Keyham, and to acquire certain Property for Her Majesty's Service. [Note. The Words printed in Italics are proposed to be inserted in Committee.] W HEREAS it is expedient that the Commissioners for exe- Preamble. cuting the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland should be empowered to make and construct a Communication between Her 5 Majesty's Dockyard at Devonport and Her Majesty's Steam Factory Yard at Keyham, by means of a Tunnel, or partly by a Tunnel and partly by open Cutting, for the exclusive Use of Her Majesty's Service, and that the said Commissioners should be empowered to acquire the Fee Simple of all such Portions of the said Dockyard at 10 Devonport, and the Use in Perpetuity of the Roadways, Ways, and Passages in connexion therewith, the Fee Simple of which may not now be vested in Her Majesty, or in the said Commissioners in trust for Her Majesty, Her Heirs and Successors, for the Public Service, and also the Fee Simple of certain Lands, at or near the Entrance of the 15 said Steam Factory Yard at Keyham, mentioned or referred to in the 8 & 9 Vict. c. 18. incor this Act. Second Part of the First Schedule to this Act, whether such Lands I. The several Provisions of "The Lands Clauses Consolidation porated with Act, 1845," shall, so far as the same may be applicable to and are not inconsistent with or modified by the Provisions of this Act, be incor- 10 porated with and form Part of this Act, and shall be applicable to the Purposes aforesaid. Interpretation Clause. Powers for the Tunnel. II. For the Purposes of this Act the Word "Lands," where used in the "Lands Clauses Consolidation Act, 1845," and in this Act, or either of them, shall extend to Messuages, Lands, Tenements, and 15 Hereditaments, of every Tenure, and to the Right and Privilege of making and acquiring the said Communication with Shafts and Entrances thereto, and the Space or Portion of Ground required, and which may be purchased or acquired for the same, and to all such Portions as aforesaid of Her Majesty's Dockyard at Devonport, 20 and the free Use in Perpetuity of the Roadways, Ways, and Passages held therewith, and all other Lands, Rights, and Property, Estates and Interests, which the said Commissioners are hereby empowered to purchase or acquire; and the Words "Commissioners of the Admiralty," where used in this Act, shall mean any Two or more of the 25 Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland for the Time being; and the Word "Tunnel," where used in this Act, shall mean any Communication between Her Majesty's Dockyard at Devonport and Her Majesty's Steam Factory Yard at Keyham, in the County of Devon, 30 whether the same be made solely by a Tunnel or partly by open Cutting; and the Commissioners of the Admiralty shall be and be deemed to be the Promoters of the Undertaking. III. It shall be lawful for the Commissioners of the Admiralty constructing and they are hereby authorized and empowered, if they think fit, to 35 make and construct a Tunnel for the exclusive Use of Her Majesty's Service between Her Majesty's Dockyard at Devonport and Her Majesty's Steam Factory Yard at Keyham aforesaid, according to the Plans and Sections thereof deposited with the Clerk of the Peace for the County of Devon, with Shafts, Entrances, and other neces- 40 sary Works thereto, or any Portion of such Tunnel and Works, and to lay down and work a Railway or Railways in the said Tunnel or otherwise use the same Tunnel, and for that Purpose to purchase or otherwise otherwise acquire the Right and Privilege of constructing such Tunnel and Works under in or through all or any of the several Lands delineated on the said Plans and mentioned or referred to in the Book of Reference deposited with the said Clerk of the Peace, and 5 also the Space or Portion of Ground required for the same, and if necessary to purchase or acquire the Entirety of all or any of such Lands absolutely and all Estates and Interests therein which are not now vested in the said Commissioners; and, for the Purpose of constructing the said Tunnel and Works, the said Commissioners are 10 hereby authorized and empowered to dig, bore, and excavate in, under, or through all or any Houses, Lands, Buildings, Streets, Roads, Highways, Railways, Tramways, Rivers, Brooks, Streams, Canals, Wells, Springs, Sewers, Drains, Waters, Watercourses, Mains, Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages under, in, 15 or through which the said Tunnel, Shafts, Entrances, and other Works may be constructed, and also permanently or temporarily to stop or take up, divert, raise, and in any Manner alter such Streets, Roads, Highways, Railways, Tramways, Rivers, Brooks, Streams, Canals, Wells, Springs, Sewers, Drains, Waters, Watercourses, Mains, 20 Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages which may interfere with the said Tunnel or the Construction thereof, the said Commissioners re-opening, re-instating, or restoring as far and as soon as practicable consistent with the Purposes of this Act the said Streets, Roads, Highways, Railways, Tramways, Rivers, 25 Brooks, Streams, Canals, Wells, Springs, Sewers, Drains, Waters, Watercourses, Mains, Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages which may be only temporarily diverted, taken or stopped up, raised, or in any Manner altered under the Provisions of this Act, and if necessary constructing, making, and laying down 30 other Streets, Roads, Highways, Railways, Tramways, Canals, Wells, Springs, Sewers, Drains, Watercourses, Mains, Pipes, Gas Pipes, Water Pipes, Aqueducts, Ways, Paths, and Passages for and in lieu of those which may be permanently stopped or taken up or permanently diverted. 35 40 viation of IV. If the Commissioners of the Admiralty shall deem it expedient As to Deto make any Deviation from the Line or Level of the said Tunnel 'Tunnel. as delineated and shown on the said Plans and Sections, it shall be lawful for the said Commissioners and they are hereby empowered to make such Deviation, provided the same shall not extend beyond the Limits of Deviation defined upon the said Plans; but, with the previous Consent of the Owners of the Lands thereby affected or interfered with, it shall be lawful for the said Commissioners to make any Deviation which they may deem expedient. As to Com Tunnel. V. Before the Commissioners of the Admiralty or any Person or pensation for Persons employed by them or acting under their Authority shall for the Purpose of forming or excavating the said Tunnel, Shafts, Entrances, and other Works bore or dig in, under, or through any Lands, Dwelling Houses, or Buildings not now vested in them, the 5 said Commissioners shall, if required by the Owners or Lessees thereof respectively, purchase by Agreement or by Arbitration or by the Assessment of a Jury as directed by the "Lands Clauses Consolidation Act, 1845," the Estates and Interests of the Parties making any such Requisition in the Dwelling Houses so to be bored or dug 10 in or under, or at the Option of such Owners or Lessees make Compensations for the Space or Portion of Ground thereunder required for the said Tunnel, and for the Damage done or to be done to such Dwelling Houses or to their Interests or Estates therein; and in the case of any other Buildings not being Dwelling Houses, and of Lands not having any Building thereon, so to be bored or dug in or under the said Commissioners shall, if required by the Owners or Lessees thereof, make Compensation (to be ascertained by the Ways and Means aforesaid or one of them) for the Space or Portion of Ground required for the said Tunnel, and for the Damage which may be done 20 to such Buildings and Lands, but in the Case of public Streets, Roads, Ways, Paths, Courts, or Passages no Compensation shall be made for the same, nor shall any Compensation be made for boring or digging under or over any Sewers, Drains, Mains, Pipes, Gas Pipes, Water Pipes, or Aqueduct, or for diverting or altering 25 the same for the Purposes of the said Tunnel, or for constructing the same. Commissioners to keep Tunnel and Roads in repair. Power for Commissioners to purchase Lands in 15 VI. The Commissioners of the Admiralty shall and they are hereby required from Time to Time and at all Times to keep or cause to be kept the said Tunnel and the Walls thereof in good and substantial Repair; 30 and shall, from and after the Use of the Roadways referred to in the First Part of the First Schedule to this Act shall have been purchased by them, repair, amend, and keep up at the Charge of Her Majesty, Her Heirs and Successors, the same Roads and Ways, and where needful fence in that Road or Way which in the said Schedule is 35 designated by No. 2. VII. It shall also be lawful for the Commissioners of the Admiralty and they are hereby authorized and empowered, if they think fit, subject to the Provisions herein and in the "Lands Clauses Consolidation Act, 1845," contained to purchase all or any of the Lands men- 40 dule to Act. tioned or referred to in First Schedule to this Act, and all Estates and Interests therein which are not vested in the said Commissioners First Sche at the Time of the passing of this Act. VIII. That |