ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863
Title
ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863
Description
ORDINANCE No. 1 OF 1863.
Admiralty (Vesting of Property) Ordinance, 1863.
AN ORDINANCE for vesting all Estates and Propety occupied
by or for the Naval Service of the United Kingdom of Great
Britain and Ireland in this Colony in the Lord High Admiral,
or the comissioners for executing the Office of Lord High
Admiral, of the said United Kingdom for the time being.
[26th May, 1863.]
WHEREAS divers messuages, lands, tenements, and hereditaments
have been at various times parchased for the use of the Naval
Service of the United Kingdom of Great Britain and Ireland. and con-
veyed to several different persons in trust for Her Majesty and Her
Royal Predecessors and her and their heirs and successors, and the same
have been placed under the charge of the Commissioners for executing
the office of Lord High Admired of said United Kingdom for the
time being, and it is expedient that the same and all other messages.
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 of the said United Kingdom or the
commissioners for executing the office of Lord High admiral aforesaid
for the time being:
BE it therefore enacted by the Governor of Hongkong, with the ad-
vice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Admiralty (Vesting of
Property) Ordinance, 1863.
2. From and after the commencement of this Ordinance, all mes-
suages, lands, tenenments, and hereditaments, erections, buildings, and
property whatever which have been conveyed to or are vested in any
person or persons, or are held or in any manner occupied by or in the
name of any person or persons, in trust for Her Majesty or Her Royal
Predecessors and her or their heirs or successors for the use of the
Naval service of the said United KIngdom, or of any of the depart-
ments of or belonging to the said Naval service, 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 vest-
ed, held, or occupied, together with the rights, members, easements, and
appartenances to the same respectively belonging. shall be and become
and remain and continue vested in the Lord High Admiral of the said
United Kingdom or the Commissioners for executing the office of Lord
High Admiral aforesaid for the time being, according to the respect-
ive nature and quality of the said messages, lands, tenements, and
hereditaments, and the several estates and interests of and in the same
respectively, in trust for Her Majesty, her heirs and successors, for the
public service.
3. From and after the purchaser and conveyance, grrant, or demise
thereof, all other messuages, lands, tenements, hereditaments which
may at any time or times hereafter be purchased, taken, held, or oc-
cupied by the Lord High Admiral or the Commissioners for executing
the office of Lord High Admiral aforesaid for the time being, or by any
person or persons by his or their order for the Naval Service of the said
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 right, members,
easements, and appartenances to the same respectively belonging, shall
in like manner be and become and remain and continue oested in the
Lord High Admiral of the said United Kingdom or the Commissioners
for executing the office of Lord High Admiral aforesaid for the time
being, and his or their successors in the said office, according to the re-
specive nature and quality of the said messuages, lands, tenements, and
here ditaments, 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 present Commissioners
for executing the office of Lord High Admiral of the said United King-
dom or of any of them, or of any future such Commissioners, or of any
Lord High Admiral of the said United Kingdom, all such messuages,
lands, tenements, and hereditaments respectively shall become vested in
and be held by the succeeding Commissioners for executing the office
of Lord High lAdmiral aforesaid or the Lord High Admiral aforesaid,
as the case may be, and so in perpetual succession, according to the re-
spective 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 deeds, conveyances, leases, contracts, and other instruments
touching any estate, property, matter, or thing relating to the Naval
Service of the said United Kingdom or to any department under the
control of the Commissioners for executing the office of Lord High Ad-
miral aforesaid, or whereto they or any of then 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 of Great Britain and Ireland,' 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 for executing the office
of Lord High Admiral aforesaid for the time bing or any two or more
of them, or the Lord High Admiral aforesaid, to sell, exchange, or in
any manner dipose 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 apparten-
ances. either by public auction or private contract, and in due form of
law to covey, surrender, assign, or make over, or to grant or demise,
the same respectively, as the case may require, to any such messuages,
lands, tenements, and hereditaments which they or he may deem bene-
ficial for the public service in relation thereto, or for tthe better manage-
ment thereof, which might be done by any person or persons having a
like interest in any such messuages, lands, tenements, or hereditaments. 7.-(2.) It shall be lawful for the Commissioners for executing the
office of Lord High Admial aforesaid for the time being, or the Lord
High Admiral aforesaid for the time being, and they or he are or is here-
by authorized and empowered, to bring, prosecute, and maintain any
action, suit, or other proceeding, at law or in equity, for recovering posses-
sion of any messuages, lands, tenements, or hereditaments by this Ordi-
nance vested in them or him as aforesaid, and to distrain or sue for any
arrears of rent which may be come due for or in respect thereof, under
any demise from the said Commissioners or Lord High Admiral, or any
person or persons on their or his behalf or on behalf of Her Majesty,
and also to bring, prosecte, or maintain or to defend any other action
or suit in respect of or in relation to the said messuages, lands, tene-
ments, or hereditaments, or any trespass or encroachment committed
thereon or damage or injury done thereto.
(2.)In every such action or suit the said Commisioners shall be
called ' The Commissioners for execting the Office of Lord High Ad-
miral of the United Kingdom of Great Britain and Ireland,' 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 not-
withstanding.
(3.) The said Commissioners or Lord High Admiral shall be entitled
to recover costs for and on behalf of Her 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 bad between subject and
subject.
8. Nothing in this Ordinance shall empower, or be costrued, deem-
ed, or taken to empower, the Commissioners for executing the office
of Lord High Admiral aforesaid for the time being, or the Lord High
Admiral aforesaid for the time being, to sell or dispose of (otherwise
than by way of surrender to Her Majesty, her heirs or successors)
any property reserved or granted by the said Commissioners or Lord High
Admiral for the time being under any grant, lease, licence, or appropri-
ation made by the Governor on thath behalf.
A.D. 1863. Ordinance No. 3 of 1863. Short title. Vesting of lands, etc., in the Colony occupied by or for the Naval Service of the United Kingdom 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 Commissions 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.
Admiralty (Vesting of Property) Ordinance, 1863.
AN ORDINANCE for vesting all Estates and Propety occupied
by or for the Naval Service of the United Kingdom of Great
Britain and Ireland in this Colony in the Lord High Admiral,
or the comissioners for executing the Office of Lord High
Admiral, of the said United Kingdom for the time being.
[26th May, 1863.]
WHEREAS divers messuages, lands, tenements, and hereditaments
have been at various times parchased for the use of the Naval
Service of the United Kingdom of Great Britain and Ireland. and con-
veyed to several different persons in trust for Her Majesty and Her
Royal Predecessors and her and their heirs and successors, and the same
have been placed under the charge of the Commissioners for executing
the office of Lord High Admired of said United Kingdom for the
time being, and it is expedient that the same and all other messages.
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 of the said United Kingdom or the
commissioners for executing the office of Lord High admiral aforesaid
for the time being:
BE it therefore enacted by the Governor of Hongkong, with the ad-
vice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Admiralty (Vesting of
Property) Ordinance, 1863.
2. From and after the commencement of this Ordinance, all mes-
suages, lands, tenenments, and hereditaments, erections, buildings, and
property whatever which have been conveyed to or are vested in any
person or persons, or are held or in any manner occupied by or in the
name of any person or persons, in trust for Her Majesty or Her Royal
Predecessors and her or their heirs or successors for the use of the
Naval service of the said United KIngdom, or of any of the depart-
ments of or belonging to the said Naval service, 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 vest-
ed, held, or occupied, together with the rights, members, easements, and
appartenances to the same respectively belonging. shall be and become
and remain and continue vested in the Lord High Admiral of the said
United Kingdom or the Commissioners for executing the office of Lord
High Admiral aforesaid for the time being, according to the respect-
ive nature and quality of the said messages, lands, tenements, and
hereditaments, and the several estates and interests of and in the same
respectively, in trust for Her Majesty, her heirs and successors, for the
public service.
3. From and after the purchaser and conveyance, grrant, or demise
thereof, all other messuages, lands, tenements, hereditaments which
may at any time or times hereafter be purchased, taken, held, or oc-
cupied by the Lord High Admiral or the Commissioners for executing
the office of Lord High Admiral aforesaid for the time being, or by any
person or persons by his or their order for the Naval Service of the said
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 right, members,
easements, and appartenances to the same respectively belonging, shall
in like manner be and become and remain and continue oested in the
Lord High Admiral of the said United Kingdom or the Commissioners
for executing the office of Lord High Admiral aforesaid for the time
being, and his or their successors in the said office, according to the re-
specive nature and quality of the said messuages, lands, tenements, and
here ditaments, 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 present Commissioners
for executing the office of Lord High Admiral of the said United King-
dom or of any of them, or of any future such Commissioners, or of any
Lord High Admiral of the said United Kingdom, all such messuages,
lands, tenements, and hereditaments respectively shall become vested in
and be held by the succeeding Commissioners for executing the office
of Lord High lAdmiral aforesaid or the Lord High Admiral aforesaid,
as the case may be, and so in perpetual succession, according to the re-
spective 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 deeds, conveyances, leases, contracts, and other instruments
touching any estate, property, matter, or thing relating to the Naval
Service of the said United Kingdom or to any department under the
control of the Commissioners for executing the office of Lord High Ad-
miral aforesaid, or whereto they or any of then 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 of Great Britain and Ireland,' 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 for executing the office
of Lord High Admiral aforesaid for the time bing or any two or more
of them, or the Lord High Admiral aforesaid, to sell, exchange, or in
any manner dipose 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 apparten-
ances. either by public auction or private contract, and in due form of
law to covey, surrender, assign, or make over, or to grant or demise,
the same respectively, as the case may require, to any such messuages,
lands, tenements, and hereditaments which they or he may deem bene-
ficial for the public service in relation thereto, or for tthe better manage-
ment thereof, which might be done by any person or persons having a
like interest in any such messuages, lands, tenements, or hereditaments. 7.-(2.) It shall be lawful for the Commissioners for executing the
office of Lord High Admial aforesaid for the time being, or the Lord
High Admiral aforesaid for the time being, and they or he are or is here-
by authorized and empowered, to bring, prosecute, and maintain any
action, suit, or other proceeding, at law or in equity, for recovering posses-
sion of any messuages, lands, tenements, or hereditaments by this Ordi-
nance vested in them or him as aforesaid, and to distrain or sue for any
arrears of rent which may be come due for or in respect thereof, under
any demise from the said Commissioners or Lord High Admiral, or any
person or persons on their or his behalf or on behalf of Her Majesty,
and also to bring, prosecte, or maintain or to defend any other action
or suit in respect of or in relation to the said messuages, lands, tene-
ments, or hereditaments, or any trespass or encroachment committed
thereon or damage or injury done thereto.
(2.)In every such action or suit the said Commisioners shall be
called ' The Commissioners for execting the Office of Lord High Ad-
miral of the United Kingdom of Great Britain and Ireland,' 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 not-
withstanding.
(3.) The said Commissioners or Lord High Admiral shall be entitled
to recover costs for and on behalf of Her 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 bad between subject and
subject.
8. Nothing in this Ordinance shall empower, or be costrued, deem-
ed, or taken to empower, the Commissioners for executing the office
of Lord High Admiral aforesaid for the time being, or the Lord High
Admiral aforesaid for the time being, to sell or dispose of (otherwise
than by way of surrender to Her Majesty, her heirs or successors)
any property reserved or granted by the said Commissioners or Lord High
Admiral for the time being under any grant, lease, licence, or appropri-
ation made by the Governor on thath behalf.
A.D. 1863. Ordinance No. 3 of 1863. Short title. Vesting of lands, etc., in the Colony occupied by or for the Naval Service of the United Kingdom 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 Commissions 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.
Abstract
A.D. 1863. Ordinance No. 3 of 1863. Short title. Vesting of lands, etc., in the Colony occupied by or for the Naval Service of the United Kingdom 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 Commissions 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.
Identifier
https://oelawhk.lib.hku.hk/items/show/560
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 1 of 1863
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863,” Historical Laws of Hong Kong Online, accessed January 21, 2025, https://oelawhk.lib.hku.hk/items/show/560.
