Admiralty lands vesting (1863) (WA)

WESTERN AUSTRALIA

ANNO VICESIMO SEPTIMO

VICTORIA REGIN2E

No. 11

An Ordinance for vesting all Estates and Property occupied by or for the Naval Service of the United Kingdom of Great Britain and Ireland, in the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, of the said United Kingdom, for the time being.

[Assented to 15th July, 1863.

HEREAS it is expedient that all messuages, lands, tenements, Preamble

Wmanner used and occupied, by or for the naval service of the Unitedand hereditaments that may be purchased, granted, or in any

Kingdom of Great Britain and Ireland, 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 His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof :-

1. That from and after the purchase and conveyance, grant or Lands to be

demise thereof, all messuages, lands, tenements, and hereditaments yisgtrAjtt

which shall at any time or times hereafter, be purchased, taken, held, &e.

or occupied by the Lord High Admiral, or the Commissioners for exe-

cuting 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 shall then

27 VICTORDE. No. 11

Admiralty Lands

or may be thereafter erected or built thereon, with the rights, members, easements, and appurtenances to the same respectively belonging, shall in like manner 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, and his or their successors in the said office, 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.

'Upon death	2. That upon the death, resignation or removal of the present Com- missioners for executing the office of Lord High Admiral of the said United Kingdom, 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 be- come vested in and be held by the succeeding Commissioners for exe- cuting the office of Lord High Admiral aforesaid, or the Lord High Admiral aforesaid, 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.
]ands to vest in
successor

In deeds to be	3. That in all deeds, conveyances, leases, contracts, and other instru-
described as

' The Commis-	ments, touching any estate, property, matter or thing relating to the
sioners for
executing the	naval service of the said United Kingdom, or to any department under
office of Lord	the control of the Commissioners for executing the office of Lord High
High Admiral
of Great Britain	Admiral aforesaid, or whereto they or any of them shall be parties, it
and Ireland'	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 shall be so de- scribed, 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.
Lands may be	4. That it shall be lawful for the Commissioners for executing the office of Lord High Admiral aforesaid, for the time being, or any two or more of them, or the Lord High Admiral aforesaid, to sell, exchange, or in any manner dispose of, or let, or demise any of the messuages, lands, tenements, and hereditaments respectively, which shall be vested in them under or by virtue of this Ordinance, with their respective ap- purtenances, either by public auction or by private contract, and in due form of law, to convey, surrender, assign, or make over, or to grant, or demise, the same respectively, as the case may require, to any person or persons who shall be willing to 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 hereditaments, which they or he shall deem beneficial for the public service in relation thereto, or for the better management thereof, which might be done by any person or persons having a like interest in any such messuages, lands, tenements, or hereditaments.
sold, exchanged
or let

27 VICTORIE. No. 11

Admiralty Lands

5. That it shall be lawful for the said Commissioners for executing May bring

the office of Lord High Admiral aforesaid, for the time being, or the actions

Lord High Admiral aforesaid, for the time being, and they are 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 Ordinance vested in them or him as aforesaid, and to distrain and

sue for any arrears of rent which shall have or shall become 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, 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 trespass or

encroachment committed thereon, or damage or injury done thereto ;

and that in every such action or suit the said Commissioners shall be

called The Commissioners for executing the office of Lord High

Admiral 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 notwithstanding, and the

said Commissioners, or Lord High Admiral, shall be entitled to recover

costs for and on behalf of Her Majesty, where judgment shall be given costs

for the Crown, and shall be liable to pay costs where judgment shall

be given against the Crown, in any such action, suit, or other pro-

ceeding, 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.

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.