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38 &:39 ViCTOBijE—SESSION 1875.
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CHANNEL TUNNEL COMPANY.
ARRAÍíGEMENT OF SECTIONS.
Preamble.
Short Title -
SECTION
lucorporation of Lands Clauses Acts
Interpretation - -- -- -- - ,-..3
Company may acquire Lands - -- -- .- -- 4
Company to accept conditions imposed by Her Majesty in Council - - - 5
For the protection of the Submarine Tele^aph Company - - _ _ g
Period for Compulsory Purchase of Lands - - - - - 7
Saving rights of the Crown under the management of the Commissioners of
Woods, &c. "-8
Saving rights of the Crown under the management of the Board of Trade - - 9
Costs of Act - -- -
' C3 •
AN
ACT
To empower the Channel Tunnel Company (Limited) to acquire
certain Lands in the Parish of Saint Margaret at Cliffe in
the County of Kent.
HERE AS the Channel Tunnel Company Limited (in this Act Preamble.
" ^ called the Company) was incorporated on the 15th day of
January 1872 under the Companies Act 1862 for the object as stated in
their Memorandum of Association of constructing an underground
5 Tunnel beneath the Straits of Dover between England and France with
aU proper and necessary approaches accessories and conveniences so as
to afford the means of complete land communication between the two
Countries for any purposes to which the same may be applicable and
of acquiring and holding lands in Great Britain and France for the
10 purposes of the undertaking and with power to raise capital for effecting
those objects :
4
Channel Tunnel Company.
And whereas it is expedient that for the purpose of carrying out pre¬
liminary experimental operations in connection with the objects aforesaid
the Company should be empowered to purchase and take certain lands
houses and buildings at the foot of the Cliff in Saint Margaret's Bay in
the Parish of Saint Margaret at Cliffe in the County of Kent lying ^
between Ness Point and Coney Burrow Point and includmg the Beach
and Foreshore abutting on the said lands and also certain other lands
situate on the top of the said Cliff and shewn on the amended Plans and
described in the amended Book of Reference hereinafter referred to:
And whereas amended Plans shewing the lands so proposed to be 10
taken at the foot of and also the lands proposed to be taken on the top of
the said Cliff and an amended Book of Reference thereto containing the
names of the owners and lessees or reputed owners and lessees and of
the occupierS^ of the said lands have been deposited with the Clerk of
the Peace for the County of Kent at his o£5.ce at Maidstone and are herein- 15
« ^
after respectively referred to as the deposited Plans and Book of
Reference :
And whereas the objects of this Act cannot be effected without the
authority of Parliament:
May it therefore please Your MAJESTY,
20
That it may be enacted and 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 and by the authority of the same as follows :—
Short Title. 1- ^his Act may be cited as the " Channel Tunnel Company 25
"(Limited) Act 1875."
lacorporation 2. The Lands Clauses Consolidation Acts 1845 1860 and 1869 so
of Lands
Clauses Acts, far as the same are applicable to and not expressly varied by this Act
are incorporated with and form part of this Act.
Interpreta¬
tion.
3. In this Act the several words and expressions to which meanings
are assigned by the A.cts incorporated with this Act have the same 30
Channel Tiênnel Company.
5
i*espective meanings unless there ^e something in the subject or context
repugnant to such construction and for the purposes of this Act the ex¬
pression "Superior Courts" or "Court of Competent Jurisdiction" in any
Act incorporated herewith shall be read and have effect as if the debt or
5 demand with respect to which the j expression is used were a simple con¬
tract debt and not a debt or demand created by Statute.
I
i •
4. Subject to the provisions of this Act the Company for the purpose Corapany may
« . , T .. . . T i- • x' *^1. acquire lands.
of carrying out prelimmaiy expernnental operations m connection witn
their undertaking may enter upon purchase and take all or any of the
jQ lands delineated on the deposited Plans and described in the deposited
Book of Reference and may use and apply the same to or for such
purpose. Provided always that thé Company shall not commence any such
preliminary operations in or upop the said lands without the previous
consent in writing of the Board of Trade and such operations shall
J 5 thereupon be carried on only to the extent authorised by the Board
of Trade and subject to and in accordance with such conditions and
restrictions as the Board of Trade may prescribe.
6. The Company shall accept any conditions which Her Majesty by Company to
V -| • jni - n , 3iCCCpt) coudi"
Order in Oouncil may m pursuance oi any arrangements made or to tious imposed
20 be made between the Governments of this country and of France here- mconndîr'^
after impose in connection with the undertaking of the Company and the
passing of this Act shall not be deemed to give to the Company any
right or claim other than the title to the lands shown on the deposited
plans which they would not have had if this Act had not been passed.
25 6. The following provisions shall have effect for the protection of the por the pro-
Submarine Telegraph Company between Great Britain and the Con-
tinent of Europe (hereinafter called " the Telegraph Company") that is
to say ;—
1. The Company shall not exercise any of the powers of this Act
30 with reference to any land building or property of the Telegraph
Company without the consent in writing of that Company first
had and obtained for that purpose :
2. If under the powers of this Act the Company purchase or
acquire or enter upon or use any part of the land or foreshore lying
<6
Channel Tunnel Company.
between the telegraph house or hut belonging to the Telegraph;
Company situated at the easternmost corner of the " Green Man
Public House Saint Margaret's Bay and the sea the Company shall at
all times and from time to time permit the Telegraph Company and
their ofi&cers and servants freely to enter into and upon such land 5
and foreshore for the purpose of la3dng down testing examining
maintaining relaying repairing renewing or removing one or more
telegraph cable or cables between the said telegraph house or hut
and the sea and the Telegraph Company may lay down and maintain
and from time to time relay renew or remove one or more cable 10
or cables accordingly and any works or buildings to be constructed
or placed upon the said land or foreshore by the Company shall be
constructed and placed so as not to prevent or interfere with the
exercise by the Telegraph Company of their rights end powers
under this Section. 15
Period for
Comptilsory
Purchase uf
Lands
Saving rights
nf the Grovvn
under the
management
of the Com¬
missioners uf
Woods, &.C.
7. The powers of the Company for the compulsory purchase of the
said lands shall not be exercised after the expiration of one year from
the passing of this Act.
8. Nothing contained in this Act shall authorize the Company
to take use or in any manner interfere with any stone or any metallic 20
or other mineral substances belongmg to the Queen's Most Excellent
Majesty in right of Her Crown, without the previous consent in writing
of the Commissioners for the time being of Her Majesty's Woodç Forests
and Land Revenues or one of them, on behalf of Her Majesty, first had
and obtained for that purpose (which consent such Commissioners are 25
hereby respectively authorized to give ;) and as incidental to any such
consent as aforesaid the Company may enter into any Agreement with
the Commissioners of Her Majesty's Woods Forests and Land Revenues
or either of them who respectively may with the approval of the Com¬
missioners of Her Majesty's Treasury joiu in every such Agreement and 30
the said Commissioners of Her Majesty's Woods Forests and Land
Revenues with the like approval and the Company may respectively
execute aU necessary conveyances leases licences or other deeds of or
relating to any land hereditaments or rights belonging to Her Majesty in
right of Her Crown and under the management of the same Com- 35
missioners; and every Agreement so entered into as aforesaid sball he
performed by the same Commissioners and the Company respectively.
Channel Tunnel Company.
7
Aaid nothing in this Act contained shall divest, take away, prejudice,
diminish, or alter any estate, right, privilege, power or authority now
or from time to time vested in or enjoyed or exerciseable by the
Queen's Majesty, Her Heirs or Successors.
5 9. Nothing<»ntamed in this Act shall authorise the Company to take, saTing righvz
use, tunnel under, or in any manner interfere with any portion of the under the
shore or bed of the sea, or of any river, channel, creek, bay, or estuary,
or any right in respect thereof belonging to the Queen's Most Excellent
Majesty in right of Her Crown and under the management of the Board
10 of Trade without the previous consent in writing of the Board of Trade
on behalf of Her Majesty (which consent the Board of Trade may give),
neither shall anything in this Act contained extend to take away,
prejudice, diminish, or alter any of the estates, rights, privileges, powers,
or authorities vested in, or enjoyed, or exerciseable by the Queen's
^5 Majesty, her heirs or successors.
10. AH the costs charges and expenses of and incident to the costs of Act.
preparing for obtaining and passing of this Act shall be paid by the
Company.
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CÏÏANNEL TUNNEL COMPANY.
AN
ACT
To empower the Channel Tunnel Compan}'
(Limited) to acquire certain Lands in the
Parish of Saint Margaret at Cliffe in the
County of Kent.
Cir^
- 9- '■ r..
38 & 89 VicTOBi.®—Session 1875.
"WILSON, BRISTOWS & CARPMAEL,
1, Gopihall Buildings, B.C.
SOUCITOKS,
SHERWOOD, GRÜ.jßE, PRIXT & CAMERON,
7, Gi^at George Street, S. Wi
RLIAMENTART AOENTS.
\
V.
G. J. YoifOB, Printer, 2i, Gmt S*^' *