ADMIRALTY (VESTING OF PROPERTY) ORDINANCE

ADMIRALTY (VESTING OF PROPERTY) ORDINANCE

CHAPTER 193.

ADMIRALTY (VESTING OF PROPERTY).

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.]

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 sarrie 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 heredita-
ments that may be hereafter purchased, or in any
nianner used and occupied by or for the said service,
should be vested in the Lord High Admiral or the
Conimiss;oners for executing the office of Lord High
Admiral:

1. This Ordinance may 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 nianner 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 belong-
ing to the said Naval. Servirce, 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 Com-
inissioners 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, aiid hereditaments, and the several estates and
interests of and in the sarne 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 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 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
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 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
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 tile 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', 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 nianner dispose of, or let or demise,
any of the messuages, lands, tenements, and hereditaments
respectively which may 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, 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 messuages, lands, tenements,
and hereditaments which they or he 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, tene-
merits, 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,
under any demise from the said Commissioners or Lord
High Admiral, or any person on their or his behalf or on
behaif 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 o f such Commissioners or
any of them, or of such Lord High AdmirdI, 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 an), 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.

8. Nothing in this Ordinance shall empower, or be
construed, deemed, or taken to empower, the Commissioners
or the 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 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 3 of 1863. Fraser 1 of 1863. Short title. Vesting of lands, etc., occupied by or for the Naval Service in Lord High Admiral or Commissioners for executing that office. [s. 2 cont.] 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. Action, etc., by or against Commissioners. [s. 7 cont.] Restriction on power of alienation of property.

Originally 3 of 1863. Fraser 1 of 1863. Short title. Vesting of lands, etc., occupied by or for the Naval Service in Lord High Admiral or Commissioners for executing that office. [s. 2 cont.] 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. Action, etc., by or against Commissioners. [s. 7 cont.] Restriction on power of alienation of property.

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