ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863

ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863

No. 1 of 1863.

An Ordinance for vesting all estates and property occupied
by or for the Naval Service of the United Kingdom,
in this Colony, in the Lord High Admiral, or the
Commissioners for executing the office of Lord High
Admiral. [26th May, 1863.]


* As amended by Law Rev. Ord., 1923.
See Minutes contained in Hodgson's Regulations of Hongkong 1914, pp, 442-454
as,amended by G.N.'s Nos. 59 of 1916, 177, 281 and 598 of 1920, 181 of 1921,
44 of 1922 and 283 of 1923.
As amended by No. 29 of 1917.
As amended by No. 29 of 1917 and Law Rev. Ord., 1923.





WHEREAs divers messuages, lands, tenements, and hereditaments have
been at various times purchased for the use of the Naval Service
of the United Kingdom,and. conveyed to several different persons
in trust for Her Majesty and Her Royal Predecessors and the same
have been placed under the charge of the Commissioners for
executing the office of Lord High Admiral, and it is expedient
that the same and all other messuages, lands, tenements, and
hereditaments that may be hereafter purchased, or in any manner
used and occupied by or for the said service, should be vested
in the Lord High Admiral or the Commissioners for executing the
office of Lord High Admiral:-

1. This Ordinance inay be cited as the Admiralty (Vesting
of Property) Ordinance,

2. All messuages, lands, tenements, and hereditaments,
erections, buildings, and property whatever which have been
conveyed to or are vested in any person, or are. held or in
any manner occupied by or in the name of any person, in
trust for the Crown for the use of the. Naval Service of the
United Kingdom., or of any of the departments of or belonging
to the said Naval Service, within this Colony, by whatever
mode of conveyance, or by whatever title, or for whatever estate
or interest therein the same may have been conveyed or be
vested, held, or occupied, together with the rights, members,
easements and appurtenances to the same respectively
belonging, shall be and become and remain and Continue
vested in the Lord High Admiral or the Commissioners for
execiiting the office of Lord High Admiral (hereinafter called
the Commissioners ), according to the respective nature
and quality of the said messnages, lands, tenements, and
hereditaments, and the several and interests of and
in the same respectively, in trust for His Majesty, for the
public service.

3. From and after the purchase and conveyance, grant, or
demise thereof, all other messuages, lands, tenements, and
hereditaments which may at any time be purchased, taken
held, or occupied by the Lord High Admiral or the Com-
missioners, or by any person by his or their order for the
Naval Service of the United Kingdo, or of any of the
departments of or belonging to the said Naval Service, and
all erections and buildings whicha are then or may thereafter.

* As amended by Law Rev. Ord., 1923.


be erected or built thereon, with the rights, members,
easements, and appurtenances to the same respectively
belonging, shall in like manner be and become and remain
and continue vested in the Lord High Admiral or the Com-
missioners, acording to the respective nature and quality of the
said messuages, lands, tenements, and hereditaments and the
several estates and interests of and in the same respectively,
in trust as aforesaid.

4. On the dealth, resignation, or removal of the Com-
missioners or of any of them, or of any Lord Hight Admiral,
all such messuages, lands, tenements, and hereditaments
respectively shall become vested in and be held by the
succeeding Commissioners or the Lord High Admiral, as the
case may be, and so in perpetual succession, according to
the respective nature and quality of the said messuages, lands,
tenements, and hereditaments, and the several estates and
interests of and in the same respectively, in trust as aforesaid.

5. In all deeds, conveyances, leases, contracts, and other
instruments touching any estate, property, matter, or thing
relating to the Naval Service of the United Kingdom or to
any department under the control of the Commissioners, or
whereto they or any of them are parties, it shall be sufficient
to describe them generally by the style and title of The
Commissioners for executing the office of Lord High Admiral
of the United Kingdom of Great Britain and Ireland,
without expressing their names, and all such deeds, convey-
ances, leases, contracts, and other instruments wherein the
said Commissioners are so described, and the execution or
signature thereof by any two of them, shall be as valid and
effectual to all intents and purposes as if they or any of them
had been expressly named therein and had executed or
signed the same.

6. It shall be lawful for the Commissioners or anytwo or
more of them, or the Lord High Admiral, to sell, exchange,
or in any manner dispose of, or let or demise, any of the
messuages, lands, tenements, and hereditaments, respectively
which may be vested in them under or by virute of this
Ordinance, with their respective appurtenances, either by
public auction or private contract, and in due form or law
to convey, surrender, assign, or make over, or to grant or
demise, the same respectively, as the case may require, to






any person who may be willing to purchase or take the same
respectively, and also to do any other act, matter, or thing
in relation to any such messilages, lands, tenements, and
hereditaments which they or he may deem beneficial for the
public service in relation thereto, or for the better manage-
ment thereof, which might be done by any person having a
like interest, in any such messuages, lands, tenements, or
hereditaments.

7.-(1) It shall be lawful for the Commissioners or the
Lord High Admiral, and they or he are or is hereby
authorised and empowered, to bring, prosecute, and maintain
any action, suit, or other proceeding, at law or in equity, for
recovering possession of any messuages, lands, tenements, or
hereditaments by this Ordinance vested , in them or him as
aforesaid, and to distrain or sue for any arrears of rent which
may become due for or in respect thereof, unde any demise
from the said Commissioners or Lord Hight Admiral, or any
person on their or his behalf or on behalf of His Majesty,
and also to bring, prosecute, or maintain, or to defend any
other action or suit in respect of or in relation to the said
messuages, lands, tenements, or hereditaments, or any trespass
or encroachment committed thereon or damage or injury
done thereto.

(2) In every such action or suit the said Commissioners
shall be called The Commissioners for executing the office
of Lord High Admiral of the United Kingdom of Great
Britain and Ireland, without naming them; and no such
action or suit shall abate by the death, resignation, or
removal of such Commissioners or any of them, or of such
Lord High Admiral, any law, custom, or usage to the
contrary notwithstanding.

(3) The said Commissioners or Lord High Admiral shall
be entitled to recover costs for and on behalf of His Majesty
where judgment is given for the Crown, and shall be liable
to pay costs where judgment is given against the Crown, in
any such action, suit, or other proceeding in like manner and
subject to the same rules and provisions as though such
action , suit, or other proceeding had been had between sub-
ject and subject.

8. Nothing in this Ordinance shall empower, or be con-
strued, deemed, or taken to empower, the Commissioners or
ther Lord High Admiral to sell or dispose of (otherwise than
by way of surrender to His Majesty), any property reserved
or granted by the Governor for naval or public purposes aiid
held or accepted by the said Commissioners or Lord High
Admiral under any grant, lease, licence, or appropriation
made by the Governor in that behalf.
[Originally No. 3 of 1863. Law Rev. Ord., 1924.] Short title. Vesting of lands, etc., occupied by or for the Naval Service in Lord High Admiral or Commissioners for executing that office. Vesting of future acquired lands, etc., in like manner. Vesting in successors in case of death, etc., of any Commissioner. Mode of describing Commissioners in deed, etc., and execution thereof. Power for Commissioners to sell, let and dispose of property. Actions, etc., by or against Commissioners. Restriction on power of alienation of property.

[Originally No. 3 of 1863. Law Rev. Ord., 1924.] Short title. Vesting of lands, etc., occupied by or for the Naval Service in Lord High Admiral or Commissioners for executing that office. Vesting of future acquired lands, etc., in like manner. Vesting in successors in case of death, etc., of any Commissioner. Mode of describing Commissioners in deed, etc., and execution thereof. Power for Commissioners to sell, let and dispose of property. Actions, etc., by or against Commissioners. Restriction on power of alienation of property.

https://oelawhk.lib.hku.hk/items/show/1068

1923

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