Power to purchase lands and extin XII. In carrying the said works and improvements into execution it shall be lawful for the board, save as herein otherwise expressly provided, to deviate to any extent not exceeding five feet from the levels defined in the said sections, and the board shall not deviate beyond the limits of deviation delineated in the said plans without consent of the person through whose lands such deviation shall be made, nor carry the line of the embankment wall, as shown on the said plans, further into the stream of the said river than three feet, without the consent of the conservators, signified in writing under the hand of their secretary. XIII. The powers of the board for the compulsory purchase of lands for the purposes of this Act shall not be exercised after the expiration of five years from the passing of this Act. XIV. In and for the purpose of effecting the embankment, viaduct, or other works, and the reclaiming (m) of land hereby respectively authorized, it shall be lawful for the board to inclose and fill up the bed and shore of the river Thames as shown in the said deposited plans, and also such further parts thereof as shall be required by the board for constructing any barge beds, recesses, stairs, piers, landing-places, hards, or other works in pursuance of the powers in that behalf herein contained; and also to remove, destroy, alter, divert, stop up, or inclose such streets, streams, drains, sewers, watercourses, void ground, wharves, jetties, quays, barge beds, stairs, piers, landing-places, hards, mooring posts or rings, posts, piles, and other materials and things, or such part or parts thereof respectively as shall in the judgment of the board be necessary to be removed, destroyed, altered, diverted, stopped up, or inclosed for the purposes of this Act, making compensation (n) to all persons having any interest in any wharves, jetties, or other property taken for or injuriously affected by such works or other the exercise of the powers of this Act. XV. Save as herein otherwise expressly provided (o), it shall be lawful for the board to purchase any lands (p), and guish rights to purchase and extinguish or procure the extinguishment of (m) See sects. 26, 27. (n) To be determined in manner provided by the Lands Clauses Act, as qualified by this Act. (o) See sect. 9, ante, aud sects. 56, 60, 80, and 82, post. (p) By sect. 3 of Lands Clauses Consolidation Act, 8 Vict. c. 18, the word "lands" extends to messuages, lands, tenements, and hereditaments of any tenure, and by sect. 4 of this Act to easements, interests, rights, and privileges in, over, or affecting lands. any rights, interests, easements, or privileges which any person and claims to may have, possess, or claim in, to, over, or in respect of the shore, &c. bank or shore or bed of the river Thames lying within the limits of deviation defined on the said deposited plans. form the em XVI. For the purpose of effecting or forming the said em- Soil may be bankment or any other the works by this Act authorized, it raised from shall be lawful for the conservators, and they are hereby re- the river to quired, when and as often as and within a reasonable time bankment by after they shall have been required by the board so to do, to the conserdig, raise, and take up from the bed of the said river, in any vators. places they may think fit, whether above or below London Bridge, gravel, sand, soil, or other materials, and to lay and deposit the gravel, sand, and soil and other materials so raised in such places as the board shall from time to time designate and point out by notice in writing to be addressed to the conservators, they the board paying to the conservators (and which the board are hereby authorized to do) such sums of money as the conservators shall have actually incurred and expended in and about such digging, raising, and taking up, and such laying and depositing as aforesaid: Provided always, that in case the conservators shall refuse or neglect, within ten days after they shall have been required by the board so to do, to proceed to dig, raise, and take up from the bed of the said river such gravel, sand, soil, or other materials for the purposes aforesaid, it shall be lawful for the board to do the several acts hereby required to be done by the conservators for the purposes aforesaid without being in anywise required to obtain the consent of the conservators: Provided always, that the dredging be done at such places within the limits of the metropolis, as defined by the Metropolis Local Management Act (7), and to such depths as the conservators shall within ten days after requisition define, and in default of such definition then at any places and at such depths as the board may think fit, and that all gravel, sand, soil, or other materials which shall be raised as aforesaid shall be wholly removed and taken away from the said river without screening or returning any part thereof into the said river after the same shall have been so raised; Provided also, and the conservators are hereby required, at the expense of the board as aforesaid, to level all holes and pits that shall be dug or caused by any such excavation or digging as aforesaid, and in all places where they shall deepen the bed of the said river to deepen the same uniformly Provided always, that, notwithstanding anything contained in the sixth and seventh Victoria, chapter fiftyseven (r), the conservators shall be entitled to be paid as afore : (q) See definition of limits, 18 & 19 Vict. c. 120, note (b) p. 1, ante. (r) 6 & 7 Vict. c. 57, for the regulation of lastage and ballastage R Board empowered to take places for depositing materials. Works, &c., to be ap proved of by the admiralty (c). Certain works to be first approved by the conservators. Lights to be exhibited at night during construction of embank ment. said for the cost of materials so raised as well below as above London Bridge. XVII. It shall be lawful for the board to take on lease or to agree for the use and occupation of proper places on any part of the north bank of the said river between Westminster Bridge and Blackfriars Bridge, or within five hundred yards of the site of the said intended embankment, for the purpose of depositing and working stone, iron, timber, and other materials for constructing and completing the said embankment and road way. XVIII. No works, other than those necessary for the completion of the works expressly authorized by this Act, upon the bed or shore of the river Thames below high-water mark which may interfere with the navigation of that river shall at any time be commenced or executed under the provisions of this Act without the same having been previously approved of by the admiralty, such approval to be from time to time specified in writing under the hand of the secretary to the admiralty. XIX. The stairs, hards, quays, wharves, barge beds, recesses, approaches, piers, landing-places, and temporary works by this Act authorized shall be made according to plans and elevations to be first approved by and deposited at the office of the conservators. XX. During the construction of the said embankment and the works connected therewith the board shall cause to be hung out or exhibited every night from sunset to sunrise good and sufficient lights, to be kept burning by and at the expense of the board, for the navigation and safe guidance of vessels, and which lights shall be from time to time altered by the board in such manner, and be of such description and number, and be so used and placed, as the conservators shall by writing under the hand of their secretary approve of. in the river Thames, s. 5, vested in (c) The 21 & 22 Vict. c. 104, s. 27, hibited the execution of any work whatever on the bed and shores of the river which might interfere with the navigation without the previous approval of the admiralty, but that approval is not required for the construction of any work expressly authorized by this Act, and it only becomes necessary when other or additional works are going to be executed. XXI. Whenever the board shall shut up, remove, or take Piers and away, or in any manner obstruct the free use and enjoyment stairs to be provided in of any existing piers, public stairs, or landing-place now lieu of those marked by the watermen's company, they shall cause some taken away. pier, public stairs, or landing-place to be erected or provided, to the satisfaction of the conservators, in the stead of the pier, stairs, or landing-place so shut up, removed, or taken away, or the free use and enjoyment of which may be obstructed; and every such substituted pier shall, so soon as the same shall be completed, be and hereby is vested in the conservators, and subject in their hands to all the powers and provisions applicable thereto of "The Thames Conservancy Act, 1857." XXII. From and after the completion of the embankment Embankand viaduct by this Act authorized the board shall, out of the ment to be kept in rates (d) raised for defraying the expenses of the board under repair. the Act eighteen and nineteen Victoria, chapter one hundred and twenty, keep and maintain the same respectively and every part thereof in proper repair; and if the embankment or viaduct or any portion thereof or any of the works connected therewith be out of repair or insecure, so as to be dangerous to any person passing along the river Thames, or to any vessel either moored alongside of or passing by the same respectively, or be in any manner injurious or likely to be injurious to the river Thames or to the free navigation thereof, the conservators may, by notice in writing to the board, require them to repair the embankment or viaduct, or the portion thereof or the works connected therewith so out of repair or insecure as aforesaid, to the reasonable satisfaction in all respects of the surveyor from time to time of the conservators, within a time to be limited in such notice; and in case the board refuse or fail to repair the embankment or viaduct, or such portion thereof, to the reasonable satisfaction in all respects of such surveyor, within the time to be limited as aforesaid, then and in every such case the conservators may repair the same respectively, and may recover the expenses incurred thereby from the board; provided that all the parts of the metropolis shall be deemed to be equally benefited (e) by all sums ex (d) The board assess under s. 5 of 25 & 26 Vict. c. 102, gross sums, and the rates are made by overseers or vestries under s. 181 of 18 & 19 Vict. c. 120, who pay in gross sums to the board. (e) This enactment now seems superfluous, as under the 25 & 26 Vict. c. 102, s. 5, the board assess the parishes and parts subject to their jurisdiction according to the value only. At the time of the passing of the Act for the purification Mode of ascertaining value of property to be taken under Act. Premises notwith standing errors in book of reference. pended by the board for such maintenance and repair as aforesaid. XXIII. If the owner, lessee, or occupier of any lands authorized to be taken by virtue of this Act shall not be inclined to sell or part with the whole thereof, or of his interest in the whole thereof, and it shall not be found necessary to take the whole for the purposes of this Act, and the said parties cannot agree as to the sum of money to be paid for the part (f) which the board or any person authorized by them shall not think it necessary to purchase, then and in such case the jury which shall be summoned to value the premises shall assess, and every arbitrator shall ascertain the value of the whole premises, according to the condition in which they were at the time the notice requiring to take the same was served, and also the value of that part of the premises which will remain after the board or the persons authorized by them have taken away so much as they shall think necessary for the purposes of this Act; and the jury or arbitrator having made these two valuations, the difference between them shall be the price to be paid by the board for that part for which they shall have occasion. XXIV. It shall be lawful for the board to purchase, take, may be taken and use for the purposes of this Act, any of the lands (g) described in the said plans deposited at the office of the clerk of the peace for the city of London, and of the clerk of the peace for the county of Middlesex, and of the clerk of the peace for the city and liberty of Westminster, as intended to be taken for the purposes of this Act, although the same lands, or the names of the owners or occupiers thereof may happen to be erroneously stated in or omitted from the said book of reference, in case it shall appear to any two aldermen of the city of London, or, as the case may require, to any two justices acting in or for the county of Middlesex, and be certified under their hands, that such error or omission proceeded from mistake or erroneous information: Provided always, that previously to submitting the case to two aldermen or to two justices as aforesaid, ten clear days' notice shall be given to the owners whose lands shall be affected by such erroneous statement or omission in the said book of reference; provided also, that nothing in this Act contained shall authorize the board to purchase, take, or use any parish church without the consent of the bishop of the diocese. (f) This enactment as to taking only a part of a property, is substituted for the 92nd section of the Lands Clauses Act, 8 Vict. c. 18, which by s. 1, ante, is expressly excluded from those provisions of the Lands Clauses Act which are incorporated with this Act. (g) As to definition of lands, see note (p) to sect. 15, ante. |