16,457.
No. 127a.
(HONG KONG.)
[COMPENSATION FOR DAMAGES CAUSED BY FIRING HEAVY GUNS.]
LAW OFFICERS TO WAR OFFICE.
[Received in War Office letter of 15th August 1888.]
CASE.
In October last, the Secretary of State for War, received a letter from a solicitor at Newport, Isle of Wight, acting on behalf of the trustees of the estate of John Wyley, late of Seacroft House, Sandown, Isle of Wight, deceased, stating that his clients had been informed of the intention of the War Office to supply Sandown Barrack Battery with far heavier ordnance than at present used; that great care had already to be taken to prevent damage to Seacroft House when the guns are fired, and that it was seriously apprehended that the concussion arising from the use of guns of any greater calibre would render the property unfit for habitation, if not raze the residence altogether, And the solicitor asked for an inquiry to be instituted as to the correctness of the report, and that he might be informed of the results.
This letter has been acknowledged, and a further communication promised.
It is the fact that it is proposed to mount the battery with heavier ordnance, but the Commanding Royal Engineer does not anticipate serious injury to Seacroft House. He considers "that at most the concussion would bring down portions of ceilings and
break windows, the latter the more likely."
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It has hitherto been the practice of the War Department to decline all compensation for damage caused by firing of guns from the numerous forts and batteries of the War Department in the United Kingdom and in the Colonies.
But, as the national ordnance becomes heavier year by year, the damage to private property somewhat increases, and the claims for compensation become more frequent.
In September last the solicitors to the Trinity House wrote to the Secretary of State that they had been requested to advise as to the position of that Corporation in regard to injuries done to the structure and contents of lighthouse buildings by the firing of heavy guns, and referring particularly to injurios to the Gibraltar, Tynemouth, and Flatholme (Severn) lights, in each of which cases the War Departinent had repudiated all liability.
The solicitor stated that it appeared to them that prima facie their clients had a good claim for compensation, and they asked to be referred to the statutory or other authority under which you claim exemption.
The reply was made by the Treasury solicitor that the ground upon which the War Department refuses compensation in such cases is, that the damage is caused in the reasonable and proper use by the military of the forts and batteries of which the Secretary of State for War is the trustee for the military purposes of the realm." And it was added that due, notice of "the firing is always given in order that precautions may be taken by the occupants of adjoining buildings."
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The reply appears to have been considered satisfactory, as the solicitors for the Trinity House have not pursued the matter.
The Secretary of State, however, thinks the present a good opportunity for him to be advised as to the extent of his powers and obligations and those of the Artillery Officers with reference to the firing of heavy ordnance for practice purposes in time of peace, and whether it is necessary for him to ask Parliament for express powers and for votes and provisions for assessing compensation to house-owners whose property may be injured by the gun practice (see sections 2, 4, and 6 of the Military Manoeuvres Act, 1872. 35 & 36 Vict. c. 64.)
The facts of the case with regard to Seacroft House, are as follows:----
The site of Sandown Barrack Battery (shown on the plan annexed to this case), was one of several strips of land and foreshore in the parish of Brading, acquired from
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52950.-33, 26.-9/88.
A
293
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