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 vested in the
Principal officers of the Ordnance.
[3oth April, 1860.]

WHEREAS Her Majesty the Queen has thought fit to revoke
the Letters 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

19 and 20 Vict. c. 64 rep. Statute Law Revision Act, 1876; 19 and 20 Vict.
c. 94 rep. Statute Law Revision Act, 1892; 19 and 20 Vict. c. 120 rep' 40
and 41 Vict. op, 18. For the effect of these repeals see No. 31 of 1911,
s. 15.





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 frorn the said Principal Officers and vested in one of the
Principal Secretaries of State:

1. This Ordinance may be cited as the War Department (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-inentioned Principal Secretary of State shall be
entitled to the same exemption from personal responsibility as the said
Principal Officers were entitled to.

3. All lands, hereditaments, estates, and property whatsoever which, by virtue of
any Act of the Imperial Parliament or of the Colonial legislative, 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 Majesty hereinbefore mentioned were vested in
the Principal Officers of the Ordinance on behalf of the Crown, or which have been, at
any time before passing of this Ordinance, held, used, or occupied, or purchased, vested,
or taken, by or in the name of or by any person 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-mentional Principal Secretary
of the 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 Secreatry
of




State of the War Department, shall cease to hold such office,
the said several lands, hereditaments, estates, and property, and
all lands, hereditaments, estates, and property which hereafter
shall be purchased or otherwise acquired by any such last-
mentioned Principal Secretary of State for the tirne being, on
behalf of the Crown, shall by virtue of this Ordinance be
absolutely divested out of such Secretary of State so ceasing
to hold such office as aforesaid, and shall by virtue of this,
Ordinance be transferred to and vested in his successor in the
said office, immediately upon his receiving the Seals of the said
Department, absolutely; and the said lands, hereditaments,
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 theni 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 all lands, hereditaments, and property
purchased or held for any less estate than an estate of inherit-
ance in fee simple, as if the sanie lands, 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, covenants, and agreements heretofore
made or entered 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 purchased by the said
Principal Officers, or in anywise relating to the public service,
shall be deemed and taken to have been made or entered into
with such Principal Secretary of State as last aforesaid, and
shall be executed and enforced by him in like manner as if he
had originally been party thereto instead of the said Principal
Officers; and all proceeditilgs whalsoever shall and may be
commenceel, continued, taken, and done in the name of the
last-mentioned Principal Secretary of State.

5. In every contract, conveyance, surrender, lease, or other
issurance of any lands, hereditaments, estates, or property 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 Principal Secretaries
of State for the time being, by signing his name thereto, and,
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, conveyance, surrender, lease, assur-
ance, deed, or instrument is executed by any other Principal
Secretary of State than the Principal Secretary 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 thereof, be deemed to be the Principal Secretary of
State for the War Department.
[17.10.30.] [Originally No. 6 of 1860.] Short title. Vesting of powers of Ordinance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. Ensuring of Ordinance contracts in favour of Secretary of State for War. Description of Secretary of State in contract, etc., and execution of contract, etc.

[17.10.30.] [Originally No. 6 of 1860.] Short title. Vesting of powers of Ordinance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. Ensuring 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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