Services of
Notices, &c.

Power to Admiralty to withdraw No

tice for taking

of Lands, but without Prejudice to Claims

of Owners.

Errors on Plan

and in Book of

Reference may

be corrected by Two Justices, who shall cer

tify the same.

said Barracks, the same Supply of Water as the said East Stonehouse Water Commissioners do and could have been required to furnish and supply to and in respect of the same Lands at the Time of the passing of this Act; and in case at any Time hereafter any general Increase in the Supply of Water shall be made to the Inhabitants rated under the East Stonehouse Waterworks Act, a proportionate Increase shall, if at any Times or Time required by the Commissioners in Writing as aforesaid, be also made in respect of the purchased Lands.

11. 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, London, or by being left for him at one of those Places, and any Notice, Summons, Writ, or other Document required to be given by, from, or on behalf of the Commissioners, for the Purposes of this Act, shall be given under the Hand of their Solicitor for the Time being.

12. If in any Case, after Notice has been given by the Commissioners for the taking of any Lands under this Act, it appears to them, from a Change of Circumstances or other Reasons, unnecessary or inexpedient to complete the taking of such Lands or any Part thereof, it shall be lawful for them to give a further Notice to the Effect that they thereby withdraw the Notice for the taking of the Lands comprised in the first Notice, or such Part thereof as they may think fit, and thereupon the Lands comprised in the Notice of Withdrawal shall be wholly discharged from the Effect of the first Notice, and may be dealt with as if the first Notice had not been given, and the Commissioners shall be wholly discharged from any Obligation to take such Lands; without Prejudice, nevertheless, to any Claim of the Owner of such Lands for Compensation for such Damage (if any) as he may have sustained in consequence of the giving of the first Notice; provided that every such Notice of Withdrawal be given within Two Months after the giving of the first Notice; provided also, that nothing in this Enactment contained shall be construed to give to any Person receiving from the Commissioners a Notice for the taking of Lands any further or other Right as against the Commissioners than he would have had if this Enactment had not been contained in this Act.

13. If any Omission, Mis-statement, or wrong Description. shall have been made of any Lands, or of the Owners, Lessees, or Occupiers of any Lands, described on the said Plan or in the said Book of Reference so deposited as aforesaid, the Commissioners, after giving Ten Days Notice to the Owners, Lessees, and Occupiers of the Lands affected by such proposed Correction, may apply to Two Justices of the Peace for the Correction thereof; and if it appear to such Justices that such

Omission,

Omission, Mis-statement, or wrong Description arose from Mistake, they shall certify the same accordingly, and shall in such Certificate state the Particulars of any such Omission, Mis-statement, or wrong Description, and such Certificate, Certificate, &c., with the other Documents to which it relates, shall be deposited to be deposited. with the Clerk of the Peace for the County of Devon, and such Certificate shall be kept by such Clerk of the Peace with the other Documents to which they relate, and thereupon such Plan or Book of Reference shall be deemed to be corrected according to such Certificate, and the Commissioners may acquire the Lands mentioned in such Certificate, under or by virtue of this Act, as if such Omission, Mis-statement, or wrong Description had not been made.

14. In lieu of a Bond, and with the same Effect as if a Bond were given as mentioned in Sections 85 and 87 of the Lands Clauses Consolidation Act, 1845, it shall be lawful for the Commissioners to give to the Person who under the said Act would otherwise be entitled to such Bond a written Undertaking, without any Surety therein, for such Payment or Deposit as in and by the said Act is in that Behalf provided, and according to the Condition of such Bond as therein is prescribed, so far as such Provisions and Conditions respectively shall and may be applicable to Proceedings under this Act, and the Commissioners shall not be required or be liable to be called upon to give any such Bond.

15. It shall be lawful for the Commissioners from Time to Time to sell, exchange, or in any Manner dispose of or to let or demise any Lands acquired by or vested in them under this Act which at any Time shall not, in the Opinion of the Commissioners, be required for the Public Service, and in case of a Sale to sell the same, either by Public Auction or by Private Contract, and it shall be lawful for them to convey, surrender, and assign, or to grant or demise the same or any Part thereof, to any Person who shall be willing to purchase or take the same, and for that Purpose to make and execute all such Conveyances, Assurances, Leases, and Agreements as may be thought proper, and it shall also be lawful for the Commissioners to do any other Act, Matter, or Thing in relation to Lands acquired by or vested in them under this Act which shall by them be deemed beneficial for the Public Service in relation thereto, or for the better Management thereof, and which might be done by any other Person having in such Lands the like Estate, Term, Share, or Interest as they shall have therein; and all Lands obtained by the Commissioners in exchange shall vest in the Commissioners and their Successors in manner hereinbefore provided with respect to Lands purchased by the Commissioners.

Power to Admiralty to give Undertaking in lieu of

Bond.

Power to the Admiralty to sell, &c., Lands not wanted.

16. The Monies to arise and be produced by Sale or How Purchase Exchange, or which may be paid by way of Premium for any Money to be Lease of any Lands which shall be sold, let, exchanged, con- paid.

veyed, or surrendered by the Commissioners, under the Pro

[No. 13. Price 2d.]

N

visions

On Payment

of Money Purstand seised of

chasers to

Lands pur

chased by them.

Admiralty may sue and be

sued, and pay and recover Costs.

Purchase Money, &c. how to be provided.

Provisions of this Act may

apply to any of

visions 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, whose Receipt for such Monies, endorsed on the Conveyance, Assurance, or Lease, shall effectually discharge the Purchaser or Person by whom or on whose Account the same shall be so paid.

17. Immediately from and after the Payment of any such Monies, and the Execution of any such Conveyance, Assurance, or Lease as aforesaid by the Commissioners, the Purchaser or Lessee therein named shall be deemed to stand seised or possessed of the Lands thereby conveyed or made over or leased to him, or (as the Case may require) the Lands taken in exchange from the Commissioners shall go to the Uses therein expressed or referred to, in every Case freed and absolutely discharged of and from all and all manner of prior Estates, Rights, Interests, Charges, Incumbrances, and Demands whatsoever which can or may be had, made, or set up in respect of the Lands so conveyed, made over, leased, or taken in exchange 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 any such Conveyance, Assurance, or Lease shall be excepted.

18. It shall be lawful for the Commissioners to bring, prosecute, and maintain any Action of Ejectment or other Proceeding at Law or in Equity for recovering Possession of any Lands required by or vested in them under this Act, and to distrain or sue for any Arrears of Rent which shall become due for or in respect thereof under any Parol or other Demise from the Commissioners, and also to bring, prosecute, and maintain, or to defend, any other Action or Suit in respect of such Lands, or of any Trespass or Encroachment committed thereon, or Damage or Injury done thereto; and in every such Action, Proceeding, or Suit by or against the Commissioners they shall be called "The Commissioners for executing the Office of Lord High Admiral of the United Kingdom," without any of them being named; and no such Action or Suit shall abate by the Death, Resignation, or Removal of the Commissioners or any of them, and the Commissioners shall in all such Actions, Suits, and Proceedings be entitled to recover and be liable to pay Costs as in ordinary Actions, Suits, and Proceedings between Subject and Subject.

19. All Monies which under this Act shall be agreed to be paid by or shall be recovered against the Commissioners by of Purchase or Compensation Money, or Damages, Costs, or otherwise, shall be paid by Monies to be provided and appropriated for that Purpose by Parliament.

way

20. The Provisions of this Act shall, so far as the Commissioners may at any Time or Times deem expedient for

effecting

chased.

effecting any of the Objects of this Act, extend and be appli- the said Lands cable to any of the said Lands purchased or taken or agreed to already purbe purchased or taken by them before the passing of this Act, as also to all the Lands which shall hereafter be purchased or taken by virtue of this Act.

of Admiralty.

21. Nothing in this Act shall extend to take away, lessen, Nothing to or prejudice any Powers, Rights, or Authorities which would lessen Powers or might have been vested in or exercised by the Commissioners if this Act had not been passed.

22. The Commissioners shall not, by reason of anything Protection to done or omitted to be done under this Act, be liable, col- Commissioners. lectively or individually, to any Fine, Penalty, or Forfeiture, or

to Execution of any Process against the Person or Property.

may execute

23. All Acts, Deeds, Matters, and Things hereby authorized Any Two to be done or executed by the Commissioners, and all Powers Commissioners and Authorities hereby given to or conferred upon the Com- Powers. missioners, may be done, executed, and exercised by any Two of them, and when so done, executed, or exercised the same shall be as valid and effectual as if the same were and had been done, executed, or exercised by all the Commissioners, and all Privileges hereby given to the Commissioners shall be enjoyed and may be exercised by any Two of them.

have the same

24. If it shall please Her Majesty, Her Heirs and Succes- Lord High sors, to appoint a Lord High Admiral of the United Kingdom, Admiral to then, and so long and as often as there shall be a Lord High Powers as Admiral of the United Kingdom, all the Powers, Privileges, Commissioners and Exemptions vested in or given to and all the Lands vested of Admiralty. in the Commissioners under or by virtue of this Act shall be and become vested in the Lord High Admiral of the United Kingdom for the Time being, and all such Lands shall vest in him according to the Nature and Quality thereof respectively, and to the Estate, Term, Share, or Interest acquired therein respectively by him or the Commissioners in trust for Her Majesty, Her Heirs and Successors, for the Public Service; and in any Action or Suit respecting any such Lands the Lord High Admiral shall be called "the Lord High Admiral of the United Kingdom" without being named; and no such Action or Suit shall abate by the Death, Resignation, or Removal of any Lord High Admiral; and in the Construction of the said incorporated Provisions in connexion with this Act the Lord High Admiral for the Time being shall be deemed to be himself solely the Promoter of the Undertaking, and he shall have sole Authority for carrying this Act into effect, and generally in all respects as far as may be the Lord High Admiral for the Time being shall come in place of the Commissioners for the Purpose of this Act.

25. The compulsory Powers hereby given for effecting the Powers for Purchases of and taking Lands shall not be exercise dafter Purchases compulsory the Expiration of Five Years from the passing of this Act. limited. 26. This Act may be cited as "The Plymouth Marine Short Title.

Barracks Act, 1861."

Postmaster General may direct Officers in Post Office to receive Deposits.

Legal Title of
Depositor to
Repayment.

Depositors

entitled to Relater than Ten

payments not

Days after

Demand made.

6

CAP. XIV.

An Act to grant additional Facilities for depositing small Savings at Interest, with the Security of the Government for due Repayment thereof.

[17th May 1861.] WHEREAS it is expedient to enlarge the Facilities now available for the Deposit of small Savings, and to make the General Post Office available for that Purpose, and to 'give the direct Security of the State to every such Depositor for Repayment of all Monies so deposited by him, together with the Interest due thereon:' 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:

1. It shall be lawful for the Postmaster General, with the Consent of the Commissioners of Her Majesty's Treasury, to authorize and direct such of his Officers as he shall think fit to receive Deposits for Remit nce to the Principal Office, and to repay the same, under such Regulations as he, with the Concurrence of the Commissioners of Her Majesty's Treasury, may prescribe in that respect.

2. Every Deposit received by any Officer of the Postmaster General appointed for that Purpose shall be entered by him at the Time in the Depositor's Book, and the Entry shall be attested by him and by the dated Stamp of his Office, and the Amount of such Deposit shall upon the Day of such Receipt be reported by such Officer to the Postmaster General, and the Acknowledgment of the Postmaster General, signified by the Officer whom he shall appoint for the Purpose, shall be forthwith transmitted to the Depositor, and the said Acknowledgment shall be conclusive Evidence of his Claim to the Repayment thereof, with the Interest thereon, upon Demand made by him on the Postmaster General; and, in order to allow a reasonable Time for the Receipt of the said Acknowledgment, the Entry by the proper Officer in the Depositor's Book shall also be conclusive Evidence of Title for Ten Days from the Lodgment of the Deposit; and if the said Acknowledgment shall not have been received by the Depositor through the Post within Ten Days, and he shall, before or upon the Expiry thereof, demand the said Acknowledgment from the Postmaster General, then the Entry in his Book shall be conclusive Evidence of Title during another Term of Ten Days, and toties quoties: Provided always, that such Deposits shall not be of less Amount than One Shilling, nor of any Sum not a Multiple thereof.

3. On Demand of the Depositor or Party legally authorized to claim on account of a Depositor, made in such Form as shall be prescribed in that Behalf, for Repayment of any Deposit, or any Part thereof, the Authority of the Postmaster General for such Repayment shall be transmitted to the Depositor

forthwith,