[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/lssa1888267.txt

[New search] [Help]

LLOYD'S SIGNAL STATIONS ACT 1888

LLOYD'S SIGNAL STATIONS ACT 1888 - LONG TITLE

An Act to confer Powers on Lloyd's with respect to Signal Stations
and Telegraph Communication, and for other purposes.
[13th August 1888]
Preamble, which referred to the Society and Corporation incorporated
under the name of "Lloyd's" by 1871 c.xxi s.3 (in this Act
referred to as "the Society"), rep. by SLR 1908

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 1
Short title.

1. This Act may be cited as Lloyd's Signal Stations Act, 1888.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 2
Lloyd's to have power to establish signal stations with telegraphic
communications.

2. The Society may, subject to the restrictions and conditions
contained in this Act, execute the following works and do the
following things, namely:

(1)Establish signal stations and erect and place signal houses with
all requisite works, roads, appurtenances, and appliances at such
places on the coast of the British Islands, or any islands, shoals,
or rocks lying near thereto, as they think fit, and maintain and
work the same with a proper staff of keepers, officers, and
servants, and from time to time alter or remove any such signal
houses or discontinue any such signal stations:

(2)For the purpose of connecting any of the said signal stations or
signal houses with each other or with postal telegraph stations,
enter into arrangements with the Postmaster-General for the placing,
maintaining, and working of wires for the purpose of telegraphic or
telephonic communication by him upon such terms and conditions as he
shall prescribe:

(3)Acquire by compulsion or agreement and hold any lands which may
from time to time be necessary for any of the above purposes or
for the purpose of providing residences and suitable gardens for
signalmen and signal-house keepers. Provided that the extent of land
to be acquired by compulsion under this Act at any one place shall
not exceed two acres exclusive of the necessary means of approach;
but nothing in this Act shall empower the Society to take any part
of a railway or canal:

(4)When necessary, but subject to the provisions of the Lands
Clauses Act with respect to the sale of superfluous lands, dispose
by way of sale, lease, or otherwise, of any lands acquired by them
for any of the purposes aforesaid.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 3
Incorporation of Lands Clauses Acts.

3.(1) With a view to the purchase of land for the purposes of
this Act the Lands Clauses Acts, except the provisions relating to
access to the special Act, and except any provisions inconsistent or
not applicable to the objects and purposes of this Act, shall be
incorporated in this Act, and in construing the Lands Clauses Acts
for the purposes of this Act this Act and any Act confirming an
order made in pursuance of this Act shall be deemed to be the
special Act, and the Society shall be deemed to be the promoters
of the undertaking, and the word "land" shall include easements and
rights in and over land.

(2) The Society, before putting in force any of the powers of the
Lands Clauses Acts with respect to the purchase and taking of land
otherwise than by agreement, shall

(A)Publish once at the least in each of three consecutive weeks in
the course of the months of September, October, and November in
some one and the same newspaper circulating in the locality an
advertisement describing shortly the object for which the land is
proposed to be taken, naming a place in the neighbourhood of the
land proposed to be taken where a plan of the land may be seen
at all reasonable hours, and stating the quantity of the land; and

(B)During the month next following the month in which the last of
the advertisements is published, serve a notice in manner mentioned
in this section on every owner or reputed owner, lessee or reputed
lessee, and occupier of the land, so far as such owners, lessees,
and occupiers can be reasonably ascertained, defining in each case
the land intended to be taken, and requiring an answer stating
whether the person so served assents, dissents, or is neuter in
respect to the taking of the land.

(3)(i) Service of a notice on a person may be made by delivery of
the notice to him personally or by leaving the notice at his usual
or last known place of abode, or by forwarding it by post in a
registered letter addressed to his usual or last known place of
abode.

(ii) A notice required to be served on a number of persons having
any right in common in, over, or on land, may be served on any
three or more of those persons on behalf of all of such persons,
and should there be any bailiff, steward, reeve, or other duly
appointed officer or trustee of or charged with the care or
management of such land on behalf of such persons, notice shall
also be served on such bailiff, steward, reeve, or other officer or
trustee.

(iii) Where a notice is served by registered letter, it shall be
deemed to have been served at the time when the letter containing
the same would be delivered in the ordinary course of post, and
the production of the post office receipt for such letter duly
stamped shall be sufficient evidence of the due delivery of such
letter, provided it shall appear that the same was sufficiently and
properly directed, and that the same was not returned by the post
office as undelivered.

(iv) Where a person required to be served is absent abroad or
cannot be found, the notice may be served on his agent.

(4) Upon compliance as respects any land with the provisions
contained in this section with respect to advertisements and notices,
the Society may, if they think fit, present a petition to the
Board of Trade. The petition shall describe the land, and state the
purposes for which it is required, and the names of the owners and
lessees or reputed owners or lessees, and occupiers of land who
have assented, dissented, or are neuter in respect of the taking of
the land, or who have returned no answer to the notice, and shall
pray for an order authorising the Society with reference to the
land to put in force the powers of the Lands Clauses Acts with
respect to the purchase and taking of land otherwise than by
agreement, and shall be supported by such evidence as the Board of
Trade may require.

(5) If, on consideration of the petition and proof of the
publication of the proper advertisements and service of the proper
notices, the Board of Trade think fit to proceed with the case,
they may, if they think fit, appoint some person to inquire in the
locality in which the land is situate respecting the propriety of
making the order prayed for, and also direct that person to hold a
public inquiry, and if a public inquiry is held, the person holding
the same shall have the same powers as an inspector appointed under
the Merchant Shipping Act, 1854 and the Acts amending the same.

(6) After such consideration and proof, and if there is an inquiry
after receiving the report made upon such inquiry, the Board of
Trade may make a provisional order authorising the Society to put
in force with reference to the land referred to in the petition,
or such part thereof as is described in the order, the powers of
the Lands Clauses Acts with respect to the purchase and taking of
land otherwise than by agreement or any of them, and that either
absolutely or with such conditions and modifications as they may
think fit, and it shall be the duty of the Society to serve a
copy of any order so made in the manner and on the persons in
which and on whom notices in respect of the land to which the
order relates are required by this Act to be served.

(7) A provisional order so made shall not be of any validity
unless the same has been confirmed by Act of Parliament; and it
shall be lawful for the Board of Trade as soon as conveniently may
be to obtain such confirmation. If, while the Bill confirming any
such order is pending in either House of Parliament, a petition is
presented against the order, the Bill so far as it relates to the
order may be referred to a Select Committee, and the petitioner
shall be allowed to appear and oppose as in the case of private
Bills, and the Act confirming the order shall be deemed to be a
public general Act of Parliament.

(8) An order made in pursuance of this section when confirmed by
Parliament with such modifications as seem fit to Parliament shall
have full effect.

(9) The Board of Trade in case of refusing or modifying the order
prayed for may make such order as they think fit for the allowance
of the reasonable costs, charges, and expenses which any person
whose land was proposed to be taken has properly incurred in
opposing the order.

(10) All costs, charges, and expenses incurred by the Board of
Trade in relation to any order or proposed order under this
section, and all costs, charges, and expenses of any persons which
are so allowed by the Board of Trade as aforesaid, shall be a
charge on the funds of the Society and be paid to the Board of
Trade and to that person respectively by the Society within fourteen
days after demand.

(11) Any land purchased in pursuance of any order under this
section confirmed by Act of Parliament shall be purchased within one
year after the passing of such Act.

(12) The provisions of this Act with respect to the purchase of
land by the Society shall extend to the purchase of land of which
the Society are lessees or occupiers in like manner as if another
person were for the time being lessee or occupier of the land,
save that the provisions with respect to the notices to and the
assent or dissent of and the service of a copy of the order on
lessees and occupiers shall not apply so far as respects the
Society, and save that after an order under this section for
purchasing the land is confirmed by Parliament the Society may give
notice to and purchase the estate, right, or interest of some one
or more only of the parties interested in the land, but in that
case they shall, if any other of such parties by notice in writing
so requires them, purchase the estate, right, or interest in the
land of that party.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 4
Power to take easements by agreement.

4. Persons empowered by the Lands Clauses Consolidation Act, 1845,
to sell and convey or release lands may, if they think fit,
subject to the provisions of that Act and of the Lands Clauses
Consolidation Acts Amendment Act, 1860, and of this Act, grant to
the Society any easement, wayleave, right, or privilege required for
the purposes of this Act in, over, or affecting any such lands,
and the provisions of the said Acts with respect to lands and
rentcharges, so far as the same are applicable in this behalf,
shall extend and apply to such grants and to such easements,
wayleaves, rights, and privileges as aforesaid respectively.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 5
Saving for Admiralty and War Office.

5. Nothing in this Act shall authorise the Society to enter upon,
use, or interfere with any land or building or any right of
whatever description vested in or exercised by the Lord High Admiral
of the United Kingdom, or the Commissioners for executing the office
of Lord High Admiral, or vested in or exercised by Her Majesty's
Principal Secretary of State for the War Department, without their
or his consent in writing first had and obtained, and subject to
such conditions as they or he shall respectively require.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 6
Saving for apparatus, &c. of Post Office.

6. Nothing in this Act shall authorise the Society... to do any
act which may be injurious to any telegraph wire or apparatus or
other property of the Postmaster-General.

S.7 rep. by 1969 c.48 s.141 sch.11 Pt.II

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 8
Saving for lands, &c. belonging to Government departments.

8. Any building or land belonging to or vested in or under the
control and management of the Commissioners of Works, on account of
the Commissioners of Customs, or on account of any other department
of Her Majesty's Government, shall be exempt from the operation of
this Act, unless with the consent of the Treasury.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 9
Saving for property of lighthouse authorities.

9. Nothing in this Act shall authorise the Society to acquire,
otherwise than by agreement, any property belonging to a lighthouse
authority, or any rights or powers over the same.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 10
Provisions for protection of lighthouses and lights.

10.(1) The Society shall not erect or establish any signal house,
or other erection, or execute any work of any kind, which in the
opinion of the general lighthouse authority for that part of the
United Kingdom in which the signal house, erection, or work is
proposed to be built or executed, will obstruct the light or sound
from, or in any other manner interfere with or impair the
usefulness or efficiency of any lighthouse, light vessel, beacon,
buoy, fog signal, or other sea mark under the jurisdiction of that
authority.

(2) If any such signal house, erection, or work is commenced or
completed in contravention of this section, the general lighthouse
authority may at any time abate and remove the same, and restore
the site thereof to its former condition, at the cost and charge
of the Society, and may for that purpose enter on any lands of
the Society, and do thereon all such things as may be necessary
for the said abatement, removal, and restoration.

(3) The amount of the costs and charges incurred in any such
abatement, removal, or restoration, shall be a debt due from the
Society to the general lighthouse authority, and shall be recoverable
accordingly with costs.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 12
Saving as to works near tidal waters.

12. The Society shall not construct on the shore of the sea, or
of any creek, bay, arm of the sea, or navigable river communicating
therewith, where and so far up the same as the tide flows and
reflows, any work without the previous consent of the Board of
Trade, to be signified in writing..., and then only according to
such plan and under such restrictions and regulations as the Board
of Trade may approve of, such approval being signified as last
aforesaid, and where any such work may have been constructed, the
Society shall not at any time alter or extend the same without
obtaining previously to making any such alteration or extension the
like consents or approvals. If any such work be commenced or
completed contrary to the provisions of this section, the Board of
Trade may abate and remove the same and restore the site thereof
to its former condition at the cost and charge of the Society, and
the amount of such costs and charges shall be a debt due from the
Society to the Crown and shall be recoverable accordingly with
costs.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 13
As to future accretions.

13. If any land not required for the purposes of this Act shall,
at any time after the execution of any works under the authority
of this Act, become raised in height or reclaimed, or by any other
means cease to be subject to the flow and reflow of the ordinary
tides, or to be permanently covered with water (and that whether
gradually or imperceptibly or otherwise), the Society shall not, by
virtue of the ownership of any lands which they are by virtue of
this Act empowered to take or acquire, have any estate, right, or
interest in or to the land so raised in height or reclaimed, or
ceasing to be so subject or to be so covered as aforesaid, by
reason that such raising, reclamation, or cesser has been gradual or
imperceptible or has been wholly or partially caused either by the
works by this Act authorised or otherwise.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 16
Saving for rights of the Crown in the foreshore.

16. Nothing in this Act shall authorise the Society to take, use,
or in any manner interfere with any portion of 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 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 Majesty.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 17
Saving rights of the Crown.

17. Nothing contained in this Act shall authorise the Society to
take, use, or in any manner interfere with any land or
hereditaments, or any rights of whatsoever description belonging to
the Queen's most Excellent Majesty in right of Her Crown, and under
the management of the Commissioners of Woods, without the consent in
writing of the Commissioners of Woods on behalf of Her Majesty
first had and obtained for that purpose (which consent such
Commissioners are hereby authorised to 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 Majesty.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 18
Saving for 1882 c.56.

18. Nothing in this Act shall authorise any interference with any
works of any undertakers within the meaning of the Electric Lighting
Act, 1882, to which the provisions of that Act apply.

LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 19
Interpretation of terms.

19. In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them (that
is to say):

The expression "British Islands" means the United Kingdom and the
Channel Islands.

The expression "Lands Clauses Acts" means as regards... Ireland the
Lands Clauses Consolidation Act, 1845, and the Acts amending the
same in... Ireland... and includes as regards Ireland the Railways
Act (Ireland), 1851, the Railways Act (Ireland), 1860, the Railways
Act (Ireland), 1864, and the Railways Traverse Act:

Definition rep. by SLR 1908

The expressions "general lighthouse authority" and "lighthouse
authority" have the same meanings as in the Merchant Shipping Acts,
1854.

The expressions "telegram", "telegraph", and "post" have the same
meanings as in the Telegraph Acts, 1863 to 1885.