WAR DEPARTMENT (VESTING OF PROPERTY) ORDINANCE, 1860

WAR DEPARTMENT (VESTING OF PROPERTY) ORDINANCE, 1860

No. 2 of 1860.

An Ordinance for transferring to one of the Principal
Secretaries of State the powers and estates rested in the
principal officers of the Ordnance. [30th April, 1960.]

WHEREAS Her Majesty the Queen has thought fit to revoke the Lettes
Patent of some of the Principal Officers of the Ordnance, and by
other Letters Patent to transfer to one of the Principal Secretaries
of State the administration of the department the duties of which
were previously executed by the said Principal Officers of the
Ordnance; AND WHEREAS it is expedient that the several powers
and authorities at any time heretofore given to or vested in and
exercisable by, and the lands, hereditaments, estates, and property
at any time heretofore purchased, taken, used, occupied, and vested
in the Principal officers of the Ordnance, and all title, estate, and
interest therein respectively, should be also transferred from the
said Principal Officers and vested in one of the Principal Secre-
taries of State:-

1. This Ordinance may be cited as the War Departkent
(Vesting of Property) Ordinance, 1860.

2. all the powers, authorities, rights, and privileges
whatsoever which by virtue of any Act of the Imperial
Parliament or of the Colonial legislature, or of any other
law, custom or usage whatsoever, have been or were at any
time vested in or exercisable by the Principal Officers of the
Ordnance, or any of them, shall from henceforth continue in
full force, and shall be and the same are hereby declared to
be transferred to and vested in and exercisable by the
Principal Secretary of State for the time being of the
War Department, and such last-mentioned Principal Secre-
tary of State shall be entitled to the same exemption from
personal responsibility as the said Princiapl Officers were
entitled to.

3. All land,s herediaataments, estates, and property whatso-
ever which, by virtue of any Act of the Imperial Parliament
or of the Colonial legislature, or of any conveyance, surrender,
lease, or other assurance, or of any law, custom, or usage
whatsoever, before and at the time of the revocation by Her
Magjesty hereinbefore mentioned were vested in the Principal







Officers of the Ordnance on behalf of the Crown or which
have been, at any time before the passing of this Ordinance,
held, used, or occupiedk, or purchased, vested, or taken, by
or in the name of or by any peson in trust for the Crown,
for the use and service of the said Department or for the
defence and security of the Realm, and which have not been
sold, aliened, or parted with, shall from henceforth be and
the same are hereby declared to be transferred to and vested
in the last-mentioned Principal Secretary of State for the
time being, on behalf of the Crown; and when and so often
as the said last-mentioned Principal Secretary of State, and
any succeeding Principal Secretary of State of the War
Department, shall cease to hold such office, the said several
land, hereditaments, estates, and property, and all lands,
hereditaments, estates, and property which hereafter shall
be purchased or otherwise acquired by any such last-
mentioned Princiapl Secretary of State for the time being,
on behalf of the Crown, shall by virtue of this Ordinance be
absolutely divested out of such Secreetary of State so ceasing
to hold such office as aforesaid, and shall by virtue of this
Ordinance be transferred to and vested in his succesor in
the said office, immediately upon his receiving the Seals of
the said Department, absolutely; and the said lands, heredita-
ments, estates, and property hereby vested and hereafter to
be vested in the said last-mentioned Principal Secretary
of State and his successors shall, as to such of them as were
or shall have been purchased, or are or shall be held for an
estate of inheritance in fee simple, be so vested in such last-
mentioned Principal Secretary of State and his successors in
the same manner as if the fee simple thereof had been
originally conveyed to such Principal Secretary of State as a
corporation sole and his successors; and as to alll lands,
hereditaments, and property purchased or held for any less
estate than an estate of inheritance in fee simple, as if the
same land,s hereditaments, and property had been originally
conveyed, surrendered, demised, or otherwise assured to such
Principal Secretary of State as a corporation sole and his
successors for all the existing estates or interests therein
respectively, and so from time to time.

4. all contracts, convenants, and agreements heretofore
made or enteed into by any person whomsoever with the
said Principal Officers of the Ordnance, or any person on
their behalf, as to or concerning any lands, hereditaments,
estates, and property vested in or agreed to be pruchased by
the said Principal SOffices, or in anywise relating to the
public service, shall be deemed and taken to have been made
or entered iinto with such Principal Secretary of sState as last
aforesaid, and shall be executed and enforced by him in like
manner as if he dhad originally been party thereto instead of
the said Principal Officers; and all proceedings whatsoever
shall and may be commenced, continued, taken, and done in
the name of the last-mentioned Principal Secretary of State.

5. In every contract, conveyance, surrender, lease, or
other assurance of any lands, hereditaments, estates, or pro-
perty with, unto, or by the last-mentioned Principal Secretary
of State for the time being, and in every other deed or
instrument relating to any lands, hereditaments, estates, or
property, or in anywise to the public service, to which the
last-mentioned Principal Secretary of State for the time being
shall be or shall be intended to be a party, it shall be
sufficient to call or describe him by the style or title of
His Majesty's Principal Secretary of State for the War
Department, without naming him; and every such contract,
conveyance, surrender, lease, assurance, deed, or instrument
may be executed by such last-mentioned Principal Secretary
of State, or by any other of the Principa; Secretaries of State
for the time being, by siging his name thereto, and, if the
instrument so executed is in the form of a deed, by setting
or affixing a seal thereto and delivering the same as his
deed; and whenever any contract, conveyancce, surrender,
lease, assurance, deed, or instrument is executed by any
other Principal Secretary of State than the Principal Secre-
tary of State for the War Department, the Principal Secretary
of State so executing the same shall, for that time, and on
that occasion, and for the purposes therof, be deemed to be
the Principal Secretary of State for the War Department.
[Originally No. 6 of 1860. Law Rev. Ord., 1924.] Short title. Vesting of powers of Ordinance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. Enuring of Ordinance contracts in favour of Secretary of State for War. Description of Secretary of State in contract, etc., and execution of contract, etc.

[Originally No. 6 of 1860. Law Rev. Ord., 1924.] Short title. Vesting of powers of Ordinance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. Enuring of Ordinance contracts in favour of Secretary of State for War. Description of Secretary of State in contract, etc., and execution of contract, etc.

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1923

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