ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863

ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863

No. 1 of 1863.
AnOrdinance 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
Commissioneis for executing the office of Lord Hiloh
Admiral.
[26th May, 1863.]

As amended by Law Revision Ordinance, 1937.
The repeal of No. 2 of 1862 does not affect the pensions of persons who
retired before 24.6.1932, and ss. 3 & 3A of No. 2 of 1862 is amended
by No. 2 of 1928 are still in force so far as officers in the public service
on 24.6.1932 are concerned. See ss. 19 & 22 of No. 21 of 1932. The text
of ss. 3 & 3A of No. 2 of 1862 is as follows :-
3. Subject to the approval of the Secretary of State as regards
officers appointed under instructions from or through the Secretary
of State, the Governor in Council may-
(a) require any judge or other public officer to retire from the
service at any time after he attains the age of fifty-five years; or
(b) require any judge or other public officer to retire from the
service at any time if, in the opinion of the Governor in Council, such
judge or other public officer is unable from ally cause to discharge
efricientjy the duties of his office.
3A. Every judge and every other public officer, whenever appointed,
shall retire from the service upon attaining the age of sixty years unless
the Governor in Council decides that his services shall be retained.





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 Fligh Admiral:

1. This Ordinance may be cited as the Admiralty (Vesting of Property)
Ordinance, 1863.

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 rnode 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 Land appurtenances to the same respectively
belonging, shall be and become and remain and continue vested in the Lord
High Admiral or the Commissioners for executing the office of Lord High
Admiral (hereinafter called 'the Commissioners '), 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 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, takhen, held, or occupied by the Lord High
Admiral or the Commissioners, or by any person by his or their order for the
Naval Service of the United Kingdom, or of any of the departments of or





belonging to the said Naval Service, and all erections and
buildings which are then or may thereafter be erected or built
thereon, with the rights, members, easements, and appurten-
ances to the same respectively belonging, shall in like manner
be and become and remain and continue vested in the Lord
High Admiral or the Commissioners, according to the respec-
tive nature and quality of the said messuages, lands, tenements
and hereditaments imid the several estates and interests of and
in the same respectively, in trust as aforesaid.

4. On the death, resignation, or removal of the Com-
missioners or of any of them, or of any Lord High Admiral,
all such messuages, lands, tenements, and hereditaments
respectively shall become vested in and be held by the succeed-
in- 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 dceds, 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 ', without expressing their names,
and all such deeds, conveyances, 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 any two 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 rflay be vested in them under or by virtue of this
Ordinance, with their respective appurtenances, either by public
auction or private contract, and in due form of law to convey,

As amended by Law Rev. Ord., 1937.





surrender, assign, or make over, or to grant or demise, the
sarne respectively, as the case may require, to any person who
inny be willing to purchase or take the same respectively, and
also to do any other act, matter, or thing in relation to any such
messuages, lands, tenements, and hereditaments which they or
lie may deem beneficial for the public service in relation thereto,
or for the better management 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 authorized
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 heredita-
ments 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, under any demise from the said
Commissioners or Lord High 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', 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 subject and
subject.

As amended by Law Rev. Ord., 157,
8. Nothing in this Ordinance shall empower, or be con-
strued, deemed, or taken to empower, the Cothmissioners or the
Lord Lligh 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 and 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., 1937.] 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., 1937.] 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/1384

1937

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