WAR DEPARTMENT (VESTING OG PORPERTY) ORDINANCE, 1860

WAR DEPARTMENT (VESTING OG PORPERTY) ORDINANCE, 1860

No.2 of 1860.

War Department (Vesting of Property)

For transferring to one of the Principal Secretaries of State the
powers and estates vested in the Principal officers of the
Ordinance. [30th April,1860.]
WHEREAS Her Majesty the Queen has thought fit to revoke the
Letters Patent of some of the Principal Officers of the Ordinance,
and by other Letters Patent to transfer of the department the
duties of which were previously executed by the said Principal
Officers of the Ordinance; AND WHEREAS it is expedient that the
several powers and authorities at any time heretofore given to
or vested in the exerecisable by,and the lands,hereditamnets,
estates,and property at any time heretofore purchased,taken,
used,occupied.and vested in the Principal Officers of the
Ordinance,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.The War Department (Vesting of Property) Ordinance,1860.
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 Ordinance,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 exercis-
able 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 respon-
sibility as the said Principal Officers were entitled to.
3.AlI lands, hereditaments, estates, and property whatsoever
which by virtue of any Act of the lmperial Parliament or of the
Colonial Legislature,or of any vonveyance,surrender, 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 Principal Officers of the Ordnance
on behalf of the Crown, or which have been, at any time before
the passing of this Ordinance, 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 ne 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 Department,shall cease to hold such
office, the said several lands, hereditaments, estates, and property,
and all lands, hereditaments, estates, and property which hereafter
shaIl be purchases or otherwise acquired by any such last-mention-
ed 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 tbis Ordinance be transferred to
and vested in his successor in the said office,immediately upon his
receiving the Seals of the said Department, absolutely; and the
said lands, hereitaments, 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
inheritance 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 sample thereof had been originally conveyed 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 sample, as if the same lands, hereditaments, and property had
been originally conveyed,surrendered,demised,or otherewise
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 heretofore 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, hereditaments, estates, and property vested
in or agreed to be purchased by the sald 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 sald Principal Officers; and all proceedings whatsoever shall
and may be commenced, 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 instru-
ment, 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,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,
bo deemed to be the Principal Secretary of State for the War
Department.
Short title. Vesting of powers of Ordinance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. 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.

Short title. Vesting of powers of Ordinance in Secretary of State for War. Vesting of Ordinance lands, etc., in Secretary of State for War. 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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1912

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No. 2 of 1860

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