WAR DEPARTMENT (VESTING OF POWERS AND PROPERTY) ORDINANCE, 1860
Title
WAR DEPARTMENT (VESTING OF POWERS AND PROPERTY) ORDINANCE, 1860
Description
ORDINANCE No.2 OF 1860.
WAR DEPARTMENT (VESTING OF POWERS AND PROPERTY) ORDINANCE, 1860
An ORDINANCE for transferring to One of Her Majesty's Prin-
cipal Secretaries of State the Powers and Estates vested in the
Principal Offices 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 Her Majesty's
Ordnance, and by other Letters Patent to transfer to one of Her Ma-
jesty's Principal Secretaries of State the administration of the depart-
ment the duties of which were previously executed by the said Principal
Officers of Her Majesty's 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 alnds, hereditaments, estates, and property
at any time heretofore purchased, taken, used, occupied, and vested in
the Principal Officers of Her Majesty's Ordnance, and all title, estate,
and interest therein respectively, should be also transferred from the said
Principal Officers and vested in one of Her Majesty's Principal Secre-
taries of State:
BE it therefore enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows:--
1.This Ordinance may be cited as the War Department (Vesting of
Powers and Property) Ordinance, 1860.
2.All the powers, authorities, rights, and privileges whatsoever which,
by virtue o any Act or Acts of the Imperial Parliament or of the
Colonial Legislature, or of any other law, custom, or usage whatsoever,
have been or were at any tme vested in or exercisable by the Principal
Officers of Her Majesty's Ordnance, or any of them, shall from hence-
forth continue in full froce, and shall be and the same are hereby declared
to be transferred to and veste in and exercisable by Her Majesty's
Principal Secretary of State ofr the time being to whom Her Majesty
shall think fit to entrust the Seals 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 whatsoever which,
by virtue of any Act or Acts of the Imperial Parliament or of the
Colonial Legislature, or of any conveyance, surrender, lease, or other
assurance, or of any law, custom, or usage whatsoever, befor and at the
time of the revocation by Her Majesty hereinbefore mentioned, were
vested in the Principal Officers of the Ordnance on behalf of Her Ma-
jesty, or which have been, at any time before the passing of this Ordi-
nance, held, used, or occupied, or purchased, vested, or taken, by or in
the name of or by any person or persons in trust for Her Majesty, 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 befalf of Her Majesty; and when and so often as the said
last-mentioned Princiapl Secretary of State, and any succeeding Princi-
pal Secretary of State to whom Her Majesty shall have entrusted the
Seals of the Wr Department, shall cease to hold such office, the said
several lands, hereditaments, estates, and proerty, and all lands, here-
ditaments, estates, and property which hereafter shall be purchased or
otherwies acquired by any such last-mentioned Principal Secretary of
State for the time being, on behalf of Her Majesty, shall by virtue of
this Ordinance be absolutely divested out of such Secretary ofState so
ceasing to hold such office as aforesaid, and shall by virture of this Or-
dinance by transferred to and vested in his successor in the said office,
immediately upon his receiving the Seals of the said department, abso-
lutley; and the said lands, hereditaments, estates, and property hereby
vested and hereafther 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 ahve been purchased, or are or shall be held for an estate of inher-
itance in fee simple, be so vested in such last-mentioned Principal Secre-
tary of State and his successors in the same manner as if the fee simple
tehreof had been originally cnveryed to such Principal Secretary of
State as a corporation sole and his successors; and as to all lands, here-
ditaments, and property purchased or held for any less estate than an
estate of inheritance in hee simple, as if the same lands, hereditaments,
and property had been origianlly converyed, surrendered, demised, or
otherwise assured to such Principal Secretary of State as a coproation
sole and his successors for all the existing estates or interests therein
respectively, an so from time to time.
4.All contracts, covenants, and agreements heretofore made or en-
tered into by any person or persons whomsoever with the said Principal
Officers of the Ordnance, or any person or persons 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 proceedings whatsoever which ahve been or might or may have
been commenced, taken, or done in the names of the said Principal
Officers on behalf of Her Majesty shall and may hereafter be commenced,
continued, taken, and done in the name of the last-mentioned Principal
Secretary of State in like manner (in the case of proceedings already
commenced, taken, or done) as if he had originally been party thereto
instead of the said Principal Officers.
5.In every contract, conveyance, surrender, lease, or other assurance
of any lands, hereditaments, estates, orproperty 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 'Her 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 lasmentioned Principal Secretary of State, or by any
other of Her Majesty's 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, conveyance, surrender,
No. 2 of 1860.
WAR DEPARTMENT (VESTING OF POWERS AND PROPERTY) ORDINANCE, 1860
lease, assurance, deed, or instrument is executeed 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 occusion, and for the purposes thereof,
be deemed to be the Principal Secretary of State for the War Depart-
ment.
A.D. 1860. Ordinance 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. Enduring of Ordinance contracts in favour of Secretary of State for War. Description of Secretary of State in contract, etc., and execution of contract, etc.
WAR DEPARTMENT (VESTING OF POWERS AND PROPERTY) ORDINANCE, 1860
An ORDINANCE for transferring to One of Her Majesty's Prin-
cipal Secretaries of State the Powers and Estates vested in the
Principal Offices 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 Her Majesty's
Ordnance, and by other Letters Patent to transfer to one of Her Ma-
jesty's Principal Secretaries of State the administration of the depart-
ment the duties of which were previously executed by the said Principal
Officers of Her Majesty's 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 alnds, hereditaments, estates, and property
at any time heretofore purchased, taken, used, occupied, and vested in
the Principal Officers of Her Majesty's Ordnance, and all title, estate,
and interest therein respectively, should be also transferred from the said
Principal Officers and vested in one of Her Majesty's Principal Secre-
taries of State:
BE it therefore enacted by the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows:--
1.This Ordinance may be cited as the War Department (Vesting of
Powers and Property) Ordinance, 1860.
2.All the powers, authorities, rights, and privileges whatsoever which,
by virtue o any Act or Acts of the Imperial Parliament or of the
Colonial Legislature, or of any other law, custom, or usage whatsoever,
have been or were at any tme vested in or exercisable by the Principal
Officers of Her Majesty's Ordnance, or any of them, shall from hence-
forth continue in full froce, and shall be and the same are hereby declared
to be transferred to and veste in and exercisable by Her Majesty's
Principal Secretary of State ofr the time being to whom Her Majesty
shall think fit to entrust the Seals 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 whatsoever which,
by virtue of any Act or Acts of the Imperial Parliament or of the
Colonial Legislature, or of any conveyance, surrender, lease, or other
assurance, or of any law, custom, or usage whatsoever, befor and at the
time of the revocation by Her Majesty hereinbefore mentioned, were
vested in the Principal Officers of the Ordnance on behalf of Her Ma-
jesty, or which have been, at any time before the passing of this Ordi-
nance, held, used, or occupied, or purchased, vested, or taken, by or in
the name of or by any person or persons in trust for Her Majesty, 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 befalf of Her Majesty; and when and so often as the said
last-mentioned Princiapl Secretary of State, and any succeeding Princi-
pal Secretary of State to whom Her Majesty shall have entrusted the
Seals of the Wr Department, shall cease to hold such office, the said
several lands, hereditaments, estates, and proerty, and all lands, here-
ditaments, estates, and property which hereafter shall be purchased or
otherwies acquired by any such last-mentioned Principal Secretary of
State for the time being, on behalf of Her Majesty, shall by virtue of
this Ordinance be absolutely divested out of such Secretary ofState so
ceasing to hold such office as aforesaid, and shall by virture of this Or-
dinance by transferred to and vested in his successor in the said office,
immediately upon his receiving the Seals of the said department, abso-
lutley; and the said lands, hereditaments, estates, and property hereby
vested and hereafther 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 ahve been purchased, or are or shall be held for an estate of inher-
itance in fee simple, be so vested in such last-mentioned Principal Secre-
tary of State and his successors in the same manner as if the fee simple
tehreof had been originally cnveryed to such Principal Secretary of
State as a corporation sole and his successors; and as to all lands, here-
ditaments, and property purchased or held for any less estate than an
estate of inheritance in hee simple, as if the same lands, hereditaments,
and property had been origianlly converyed, surrendered, demised, or
otherwise assured to such Principal Secretary of State as a coproation
sole and his successors for all the existing estates or interests therein
respectively, an so from time to time.
4.All contracts, covenants, and agreements heretofore made or en-
tered into by any person or persons whomsoever with the said Principal
Officers of the Ordnance, or any person or persons 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 proceedings whatsoever which ahve been or might or may have
been commenced, taken, or done in the names of the said Principal
Officers on behalf of Her Majesty shall and may hereafter be commenced,
continued, taken, and done in the name of the last-mentioned Principal
Secretary of State in like manner (in the case of proceedings already
commenced, taken, or done) as if he had originally been party thereto
instead of the said Principal Officers.
5.In every contract, conveyance, surrender, lease, or other assurance
of any lands, hereditaments, estates, orproperty 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 'Her 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 lasmentioned Principal Secretary of State, or by any
other of Her Majesty's 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, conveyance, surrender,
No. 2 of 1860.
WAR DEPARTMENT (VESTING OF POWERS AND PROPERTY) ORDINANCE, 1860
lease, assurance, deed, or instrument is executeed 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 occusion, and for the purposes thereof,
be deemed to be the Principal Secretary of State for the War Depart-
ment.
A.D. 1860. Ordinance 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. Enduring of Ordinance contracts in favour of Secretary of State for War. Description of Secretary of State in contract, etc., and execution of contract, etc.
Abstract
A.D. 1860. Ordinance 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. Enduring of Ordinance contracts in favour of Secretary of State for War. Description of Secretary of State in contract, etc., and execution of contract, etc.
Identifier
https://oelawhk.lib.hku.hk/items/show/556
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 2 of 1860
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“WAR DEPARTMENT (VESTING OF POWERS AND PROPERTY) ORDINANCE, 1860,” Historical Laws of Hong Kong Online, accessed January 20, 2025, https://oelawhk.lib.hku.hk/items/show/556.
