Naval Property Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

A.D. 1862.

No. 12.

An Ast .for Vesting all Estates and Property occupied by or for

the Naval 8ervice of the United liringdom of Great Britain and Iretand in the Lord High Admiral, or the Commissioners

for executing the Oflce of Lord High Admiral, o f the said

United Kingdom for the time being.

[Assented to, 21st October, 1862.3

HEREAS divers messuages, lands, tenements, and heredita- re amble,

the Naval Service of the United Kingdom of Great Britain and

W rnents have been at various times purchased for the use of

Ireland, and conveyed to several different persons in trust for Her Majesty and EIcr 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 Admiral. of the said United Kingdom for the time being, and it is expedient that the same and all other messuages, lands, tenements, and here- ditaments 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 Com- missioners for executing the Office of Lord High Admiral aforesaid for the time being-Be it therefore Enacted, by the Governor-in- Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Padkment ssscmbled, as follows:

1. From and after the passing of this Act, all messuages, lands, fioperty. belonging to

tenements, and hereditaments, erections, buildings, and property b e vested in the Lord the Naval Service, to

whatever, which have been conveyed to or are vested in any person Hi& Admiral.

or persons, or are held or in any manner occupied by or in the

T name

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 Departments of or belonging to the said Naval Servicc by whatever mode of conveyance or by whatever title or for whatever estate or interest therein the same shall have been conveyed or be vested, held or occupied, together with the rights, members, case- ments, and appurtenances 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 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 for Her Majesty, Her Heirs and Successors for the Public Service.

property that may hereafter be acquired 2. From and after the purchase and conveyance, grant or demise

h b e kaarlyyeBted thereof, all other messuages, lands, tenements, and hereditaments

which shall at any time or times hereafter be purchased, taken, held, or occupied by the Lord High Admiral or tGe 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 hall then or may be thereafter erected or built thereon, with the rights, members, easements, and appurtenances to the same respectively belonging, shdl 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 a f o r e s d

m osdle of death, W- 3. 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, of any ~ o r d High admiral of t6e said United Kingdom, all such messnages? land*, tenements, and hereditaments respectively shall become vested in and be held by the succeeding Commissioners for executing thc Office of Lord High Admiral aforesaid, or the Lord High Admiral aforesaid, as the case may be,

signation, or removal,

of Commissioners.

and so in perpetual succession, according to the respective nature

and quality of the said messuages, lands, tenements, and heredita- ments, and the several estates and interests of and in the same respectively in. trust as aforesaid.

dtyle and title of 4, In all deeds, conveyances, leases, contracts, and other instru-

Commieeionera.	rnents touching any estate, property, matter. or thing relating to
the Naval fkrvice of the e a i d United Kingdom or to any department

under

under the control of the Commissioners for executing the office of

Lord High Admiral aforesaid, or mhereto they or any of them shall

be parties, i t shall be sufficient to describe them generally by the

style and title of 'c The Cornmissioners for executing the office of Lord High Admiral of the United Kingdom of Greab Britain and Irela~rcl," without expressing their names, and all such deeds, conveyances, leases, contracts, and other instruments, wherein the said Cornmissioners s l d l be 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.

5. I t shall and may bc lawful for the Con~missioners fix executing Power tosell, &c.

the office of Lord High Admiral aforesaid for the time bcing or any two or more of them, or the Lord IIigh Admiral aforesaid, to sell, exchange, or in any mailner dispose of', or let, or demise any of the messuages, lands, tenerncnts, and hereditaments respectively which shall bs vested in them under or by virtue of this k c t with their

respective appurtenances either G public auction or private con-

tract, a i d 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 pnrchase or take the same respectively, and also to do any other act, matter, or thing in relation to any suck 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 lilrc intercst in any such messuages, ldnds, tenements, or hereditainents.

office of Lord High Admiral aforesaid for the time being, or the aurta-at-law. 6. I t shall be lawful. for the said Commissioners for executing the Power to maintsiu

Lord High Admiral aforesaid for the time being, and they are hereby authorized and empowe~ed to bring, prosecute, and maintain any action, suit, or otber proceeding at law or in equity, for re- covering possession of any messuages, lands, tenements, or here- ditanients, by this Act vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which shall have or shall

become due for or in respect thcreof, 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 rnessuages, lands, tenements, or hereditaments, or any trcspass or encroachment committed thereon, or damage or injury done thereto; and that in every such action or suit the said Con~missioners shall be callccl " ' h e Com- missioners for executing the Office of Lord High Admiral of f rest Brilain and Ireland," without naming them; and no such action or suit shall abate, by the death, resignation, or removal of such Cornmissionens, 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

l"ecwex

recover costs for and on behalf of IIer Majesty, where judgment

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

judgment shall be given against the Crown, in any such action, suit, or otller proceeding in like manner, and subject to the same rules

and provisio1,s as though such action, suit, or other proceeding had

been had between subject and subject.

In the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor.

- A-

Adelaide