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ORDNANCE BOARD TRANSFER ACT 1855

ORDNANCE BOARD TRANSFER ACT 1855 - LONG TITLE

An Act for transferring to One of Her Majesty's Principal
Secretaries of State the Powers and Estates vested in the Principal
Officers of the Ordnance.{1}
[14th August 1855]
Preamble, which recites the Defence Act 1842 (c.94) and the Defence
Act 1854 (c.67), rep. by SLR 1892

ORDNANCE BOARD TRANSFER ACT 1855 - SECT 1
Powers, &c. vested in Ordnance department transferred to Secretary of
State for Defence.

1. All the powers, authorities, rights, and privileges whatsoever,
which by virtue of the said recited Acts or either of them, or of
any other Act or Acts of Parliament, or of any other law, custom,
or usage whatsoever, have been or were at any time vested in or
exercised or exercisable by the principal officers of Her Majesty's
Ordnance, 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 exercisable by [the Secretary of
State for Defence]; and [the Secretary of State for Defence] shall
be entitled to the same exemption from personal responsibility as
the said principal officers were entitled.

ORDNANCE BOARD TRANSFER ACT 1855 - SECT 2
Vesting of lands, &c. in Secretary of State.

2. All lands, hereditaments, estates, and property whatsoever, which
by virtue of the said recited Acts or either of them, or of any
other Act or Acts of Parliament, or of any conveyance, surrender,
lease, or other assurance, or of any law, custom, or usage
whatsoever, before and at the time of the revocation by Her Majesty
herein-before mentioned were vested in the principal officers of the
Ordnance, on behalf of Her Majesty, or which have been at any time
before the passing of this Act held, used, or occupied, or
purchased, vested, or taken by or in the name of or by any person
or persons in trust for Her Majesty, for the use and service of
the said department or for the defence and security of the realm,
and which have not been sold, alienated, 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 of State for
the time being, on behalf of Her said Majesty; and when and so
often as the said last-mentioned Principal Secretary of State, and
any succeeding Principal Secretary of State to whom Her Majesty
shall have intrusted the seals 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 shall be purchased or otherwise acquired by any such
last-mentioned Principal Secretary of State for the time being, on
behalf of Her said Majesty, shall by virtue of this Act be
absolutely divested out of such Secretary of State so ceasing to
hold such office as aforesaid, and shall by virtue of this Act 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, hereditaments, 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 simple 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 simple, as if the same lands,
hereditaments, and property had been originally conveyed, surrendered,
demised, or otherwise assured to such Principal Secretary of State,
as a corporation sole, and his successors, for all the existing
estates or interest therein respectively, and so from time to time;
....

S.3 rep. by SI 1964/488

ORDNANCE BOARD TRANSFER ACT 1855 - SECT 4
Powers of sale to be exercised in favour or at the instance of
Secretary of State.

4. All powers by the tenth and eighteenth sections of the Defence
Act, 1842, given to bodies politic or corporate, ... trustees for
charitable or other public purposes, tenants for life and tenants in
tail, ..., guardians, trustees, committees, curators, and [solicitors
of the supreme court], respectively therein mentioned, to contract
and agree for the absolute sale or exchange of any messuages,
buildings, castles, forts, lines, or other fortifications, manors,
lands, tenements, or hereditaments, and for the sale of any
reversion, and the grant of any lease, and to convey, ..., demise,
or grant the same accordingly, shall continue in full force, and
hereafter may or shall be exercised or exercisable, and be acted
under or take effect, in favour or at the instance of [ the
Secretary of State for Defence], on behalf of Her said Majesty, and
for the public service, in the same manner and as effectually as
the said powers are in and by such recited Acts given or created
or made exercisable in favour or at the instance of the said
principal officers for the time being, on behalf of Her said
Majesty, or for the public service; and all enactments, directions,
and provisions in the said recited Acts contained shall continue in
full force, and may or shall at all times hereafter be by [the
Secretary of State for Defence] acted on and take effect, and shall
enure or take effect in favour of, and may be enforced by, [the
Secretary of State for Defence] and his successors, on behalf of
Her Majesty, and for the public service.

ORDNANCE BOARD TRANSFER ACT 1855 - SECT 5
Style and title of 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 "Her 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
Her Majesty's Principal Secretaries of State for the time being, by
signing his name thereto, and if the instrument so executed be 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 shall be
executed by any other Principal Secretary of State then 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, be deemed to be
the Principal Secretary of State for the War Department.