under office, and with the &c., and be open to in principal office of business a copy of the special Act, printed Sect. 28. by the printers to Her Majesty, or some of them, and shall kept by also within the space of such six months deposit in the office takers of the clerk of the peace in England or Ireland, and of the in their sheriff clerk in Scotland, of the county in which the under- deposited taking is situated, a copy of such special Act, so printed as printed as clerks of aforesaid; and the said clerk of the peace and sheriff clerk the peace, shall receive, and they and the undertakers respectively shall keep, the said copies of the special Act, and shall allow all spection. persons interested therein to inspect the same, and make extracts or copies therefrom, in the like manner, and upon the like terms, and under the like penalty for default, as is provided in the case of certain plans and sections by an Act passed in the first year of the reign of Her Majesty, intituled An Act to compel clerks of the peace for counties and other 7 Will. 4 & persons to take the custody of such documents as shall be directed to be deposited with them under the standing orders of either House of Parliament. (a) The Parliametary Deposit Act, 1837. 1 Vict. c. 83. on under 91. If the undertakers fail to keep or deposit any of the Penalty said copies of the special Act, as herein before mentioned, they k takers shall forfeit twenty pounds for every such offence, and also failing to keep or five pounds for every day afterwards during which such copy deposit shall be not so kept or deposited. such copies. THE HARBOURS, DOCKS, AND PIERS CLAUSES 10 & 11 VICT. CAP. 27. An Act for consolidating in one Act certain provisions usually [Whereas it is expedient to comprise in one Act sundry provisions usually contained in Acts of Parliament authorizing the construction or improving of harbours, docks, and piers, and that as well for avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves : Be it 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, Extent of and by the authority of the same, That] (a) this Act shall extend only to such harbours, docks, or piers as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as they are applicable to such undertaking, and shall, with the clauses of every other Act incorporated therewith, form part of such Act, and be construed therewith as forming one Act. Act. (a) The preamble has been repealed by the Statute Law Revision Act, 1891, but is printed here as stating briefly and clearly the purpose of this Act. See note to preamble of the Lands Clauses Act, 1845, ante, p. 2. This Act extends to Scotland. By the General Pier and Harbour Act, 1861 (24 & 25 Vict. c. 45), and the General Pier and Harbour Act, 1861, Amendment Act, 1862 (25 & 26 Vict. c. 19), the Board of Trade may grant provisional orders enabling undertakers to make and construct piers and harbours. Such provisional orders shall be deemed to incorporate this Act, and may in corporate the sections of the Lands Clauses Act, 1845, except those Sect. 5. relating to the purchase of land otherwise than by agreement. The term special Act shall be deemed to apply to such provisional order. 24 & 25 Vict. c. 45, s. 15, and 25 & 26 Vict. c. 19, s. 19. The parts of the Act here set out are those dealing with the construction of the works in so far as it may be necessary to purchase or take land. The Act may be incorporated in other Acts by reference to the headings to the groups of sections in the same way as the Lands Clauses Act, 1845, s. 5, and see note, ante, p. 10. And with respect to the construction of the harbour, dock, or pier, be it enacted as follows :(a) visions of the Lands tion Acts. 6. Where by the special Act the undertakers shall be Construcempowered for the purpose of constructing the harbour, dock, tion of harbour, or pier, to take or use any lands otherwise than with the dock or consent of the owners and occupiers thereof, they shall, in pier to be subject to exercising the power so given to them, be subject, if the the proharbour, dock, or pier be situate in England or Ireland, to this Act the provisions and restrictions contained in this Act and in and one of the Lands Clauses Consolidation Act, 1845, and if the har- Consolidabour, dock, or pier be situated in Scotland to the provisions and restrictions contained in this and the Lands Clauses Consolidation (Scotland) Act, 1845; and the undertakers shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of this or the special Act, or injuriously affected by the construction of the works thereby authorised, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other parties by reason of the exercise as regards such lands of the powers vested in the undertakers by this or the special Act, or any Act incorporated therewith, and, except where otherwise provided by this or the special Act, the amount of such compensation shall be ascertained and determined in the manner provided by the said Lands Clauses Consolidation Acts for determining questions of compensation with regard to lands purchased or taken under the provisions thereof, and all the provisions of the last-mentioned Acts shall be applicable to determining the amount of any such compensation, and to enforcing the payment or other satisfaction thereof. (a) Under this heading are sections 6-13 Sect. 6. Errors and omis sions in plans, &c., may be cor "The Special Act" in this Act shall be construed to mean any Act which shall hereafter be passed authorising the construction or improving of any harbour, dock, or pier, and with which this Act shall be incorporated. Section 2. "The Undertakers" shall mean the persons by the special Act authorised to construct the harbour, dock, or pier, or otherwise carry into effect the purposes of the special Act with reference thereto. Section 2. "The Harbour Dock or Pier" shall mean the harbour, dock, or pier, and the works connected therewith by the special Act authorised to be constructed. Section 2. These words will include the quays, wharfs, and warehouses which are constructed under the powers of the special Act. London Association of Shipowners v. London and India Docks Committee (1892), 3 Ch. 242, p. 249. "The Lands" shall mean the lands which shall by the special Act be authorised to be taken and used for the purposes thereof (section 2), and "shall include messuages, lands, tenements, and hereditaments, or heritages of any tenure" (section 3), and see note "Lands" to section 3 of the Lands Clauses Act, 1845, ante, p. 7. Full Compensation. This section is similar in effect to section 6 of the Railways Clauses Act, 1845. See the notes thereto, ante, p. 307. The principles of compensation will be found in the notes to section 63 of the Lands Clauses Act, 1845, in respect of lands taken, ante, p. 110, and to section 68 in respect of lands injuriously affected, ante, p. 129. If power is given to a corporation to do work on a river so as to insure a passage for ships, upon compensating the owners of the soil for injury done by such works, such power does not thereby confer the conservancy of the river on the corporation and prevent a riparian owner erecting a pier. Corporation of Exeter v. Earl of Devon, 10 Eq. 232. As to blocking up a public right of way to the seashore by erection of a pier, see Corporation of Yarmouth v. Simmons, 10 Ch. D. 518. Where under an old statute power was given to certain persons to render a river navigable and to remove impediments, and to make use of such lands as might be necessary for the purpose, doing as little damage as possible, and making compensation, and the statute appointed a special tribunal to settle the compensation, it was held where a person's land was damaged by the exercise of the powers, and the special tribunal had ceased to exist, that he might recover the damages by action. Bentley v. Manchester, Sheffield, and Lincolnshire Railway Company (1891), 3 Čh. 222. 7. 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 plans or books of reference relating to the harbour, dock, or pier deposited in rected by compliance with the Standing Orders of either House of justices, &c., who Parliament, or in the schedule to the special Act, the undercertify the takers, after giving ten days' notice to the owners, lessees, and occupiers of the lands affected by such proposed cor shall same. rection, may apply, in England or Ireland, to two justices, Sect. 7. and in Scotland to the sheriff, for the correction thereof; and if it appear to such justices or sheriff that such omission, mis-statement, or wrong description arose from mistake, they shall certify the same accordingly, and they shall in such certificate state the particulars of any such omission, mis- Certifistatement, or wrong description; and such certificate shall, cate, &c., 9 to be dealong with the other documents to which it relates, be posited. deposited in England or Ireland with the clerk of the peace of the several counties in which the lands affected by such alteration are situate, and in Scotland with the sheriff clerk of such counties and with the schoolmasters of the several parishes in which such lands are situate, and with the town clerk if such lands be situate in a Royal burgh; and thereupon such plan, book of reference, or schedule shall be deemed to be corrected according to such certificate; and the undertakers may make the works in accordance with such certificate, as if such omission, mis-statement, or wrong description had not been made. Compare the similar proviso in section 7 of the Railways Clauses Act, 1845, ante, p. 309, and as to the purchase of interests in land which have by mistake been omitted to be purchased before possession taken. See section 124 of the Lands Clauses Act, 1845, ante, p. 272. plans of tions ment have 8. The undertakers shall not commence the execution of Works not to be prothe harbour, dock, or pier unless they shall have previously ceeded deposited with the said clerks of the peace in England and with until Ireland, and with the sheriff clerk in Scotland, of every all county in which the harbour, dock, or pier is situate, a plan authorized and section of all such alterations from the original plan and by Parliasection as shall have been approved of by Parliament, on the been desame scale and containing the same particulars as the original posited. plan and section, and shall also have deposited with the parish clerks of the several parishes in England, and the clerks of the unions of the parishes in Ireland, and the schoolmasters of the several parishes and the town clerk of any Royal burgh in Scotland in which such alterations shall have been authorised to be made, copies or extracts of or |