WAR DEPARTMENT (VESTING OF PROPERTY) ORDINANCE

WAR DEPARTMENT (VESTING OF PROPERTY) ORDINANCE

CHAPTER 203.

WAR DEPARTMENT (VESTING OF PROPERY).

To transfer to one of the Principal Secretaries of State the
Powers aitd estates vested in the principal officers of the
Ordnance.
[30th 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
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
Secretaries of State:

1. This Ordinance may be cited as the War Department
(Vesting of Property) Ordinance.

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 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 what-
soever which, by virtue of any Act of the Imperial Parliament.
or of the Colonial legislature, or of any conveyance, sur-





render, 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 Prin-
cipal Officers of the Ordnance on behalf of the Crown, or
which have been, at any time before passing of this Ordin-
ance, 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-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 Depart-
ment, shall cease to hold such office, the said several lands,
hereditaments, estates, and property, and all lands, heredita-
ments, estates, and property which hereafter shall be
purchased or otherwise acquired by any such last-mentioned
Principal Secretary of State for the time 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 Depart-
ment, 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 them as were or shall have
been purchased, or are or shall be held for an estate of in-
heritance 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 con-
veyed 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 inheritance in fee simple, as if the same lands, here-
ditaments, 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 hereto-
fore 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, heredita~
merits, 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 nianner as if he had originally
been party thereto instead of the said Principal Officers;
and all proceedings whatsoever shall and may be com-
menced, 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
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, 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, convey-
ance, surrender, lease, assurance, 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.

Originally 6 of 1860. Fraser 2 of 1860. Short title. Vesting of powers of Ordnance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. [s. 3 cont.] 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 6 of 1860. Fraser 2 of 1860. Short title. Vesting of powers of Ordnance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. [s. 3 cont.] 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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