ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863

ADMIRALTY (VESTING OF PROPERTY) ORDINANCE, 1863

No. 1 of 1863.

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 same have been placed under the charge of the Com-
missioners for executing the office of Lord High Admiral, and it
is expedient that the same and all other messuages, 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 or the Commissioners
for executing the office of Lord High Admiral:-
l. The Admiralty (Vesting of Property) Ordinance, 1863.
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 apy
manner 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 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 vested, held, or occupied,
together with the rights, members, easements and appurtenances
to the same respectively belonging, shall be and become and re-
main and continue vested in the Lord High Admiral or the Com-
missioners for executing the office of Lord High Admiral (herein-
after called ' the Commissioners'),according to the respective
nature and quality of the said messuages, lands, tenements, and
hereditaments, and the several estate and interests of and in the
same 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 here-
ditaments wbich may at any time be purchased, taken, held, or
occupied by the Lord High Admiral or the Commissioners, 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 appurtenanus to the same
respectively belonging, shall in like manner be and become and
remain and continue vested in the Lord High Admiral or the Com
missioners,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 Commissioners
or of any of them, or of any Lord High Amiral,all such mes-
suages, 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 the
several estates and interests of and in the same respectively, in
trust as aforesaid.

5. In all deeds ,conyances,leases,contracts, and other instru-
ments 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 of Great
Britain and lreland,' 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 he as
valid and effectual to all intents and purpose as if they or any
of them had been expressed 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
manner dispose of, or let or demise, any of the messuages, lands,
tenements, and hereditaments respectively which may he 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,syrrender,assign,or make over,
or to grant or demise, the same respectively, as the case may
require, to any person who may be willing lo 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 heredita-
ments 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 authorised 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, 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 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 belialf or on behalf 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 trepass 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 of Great Britain and Ireland,'
without naming them;and ni 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 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 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 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 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.
Short title.
Vesting of lands, etc., occupied by or for the Naval Services 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 Commissioners 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.

Short title.
Vesting of lands, etc., occupied by or for the Naval Services 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 Commissioners 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.

https://oelawhk.lib.hku.hk/items/show/772

1912

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No. 1 of 1863

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