PREFACE. THE Statute Law relating to the late Ordnance Board was printed in the year 1725, and again in 1774, but since the latter date no similar work has been issued. The present collection of Statutes has been made at the instance of the Inspector-General of Fortifications, with the sanction of the Secretary of State. It is intended to embrace all the Statute Law now in force relating to "The defence of the United Kingdom," together with references in the notes to the Leading Cases and Law Officers' reports which have come under my cognizance since I have been officially connected with the War Department. With the exception of a temporary Act relating to Bermuda, the collection does not include any Colonial Statute or Ordnance. WAR OFFICE, 22nd December 1879. C. M. C. 3 THE STATUTORY POWERS OF HER MAJESTY'S THE WAR DEPARTMENT. [Statutory Definitions of the Secretary of State for the War Department. "Her Majesty's Principal Secretary of State for the War Department" shall mean, "Or such one of Her Majesty's Principal Secretaries of State as may for the time being The Secretary of State for War means "Her Majesty's Principal Secretary of State for the time being for the War Department. 3] ORDNANCE BRANCH. A. SECRETARY OF STATE FOR THE WAR DEPARTMENT PAGE 3 ... 219 Ordnance Board Transer Act, 1855, ec. 1. A. SECRETARY OF STATE FOR THE WAR DEPARTMENT. I. AS TO LANDS AND CONTRACTS. 1. As the Successor of the late Foard of Ordnance.4 (a.)-THE POWERS THEREOF TRANSFERRED. On the 14th August 1855,5 all the powers, authorities, rights Powers, &c., and privileges whatsoever which, by virtue of any Act or Acts of vested in the Parliament, or of any other law, custom, or usage whatsoever, had Officers of Principal been, or were at any time, vested in, or exercised, or exerciseable, the Ordnance 47; 1 Defence Act, 1842; 22 Vict., c. 12, sec. 8; 23 & 24 Vict., c. 112, sec. 2 35 & 36 Vict., c. 68, sec. 16 (see 18 & 19 Vict., c. 117, sec. 5). 4 The History of the Ordnance Department is given in "The Military Forces of 5 The 5 and 6 Vict., c. 94, is "The Defence Act, 1842." The 18 and 19 Vict., c. 117, is "The Ordnance Board Transfer Act, 1855." The 23 and 24 Viet., c. 112, is "The Defence Act, 1860." to be trans ferred to Her Majesty's State for the Secretary of War Department. Principal by the principal officers of Her Majesty's Ordnance, or any of them Board Transfer Act, 1855, sec. 3. (b.)-THE CONTRACTS AND RIGHTS THEREOF TRANSFERRED. Contracts, &c., On the 14th August 1855, all contracts, covenants, and Ordnance made by the agreements theretofore made or entered into by any person or persons whomsoever with the said principal officers of the Ordnance, or any person or persons on their behalf, as to or concerning any lands, hereditaments, estates, and property vested in or agreed to be purchased by the said principal officers, or in any wise relating to the "public service," were to be deemed and taken to have been made or entered into with Her Majesty's Principal Secretary of State for the War Department, and to be executed and enforced by him in like manner as if he had originally been party thereto instead of the said principal officers of the Ordnance. to be enforced by such Secretary of State. Lands, &c., the Service of ings, &c., thereon, vested in the Principal Officers. (c.)-CERTAIN LANDS HELD IN TRUST FOR THE CROWN TRANSFERRED. 3 By the Defence Act, 1842 (sec. 5), all messuages, buildings, Defence Act, purchased for castles, forts, lines, or other fortifications, manors, lands, tene- 1842, sec. 5. the Ordnance, ments, and hereditaments (save and except as hereinafter is and all Build- mentioned) which, prior to the 10th August 1842, had been set apart for the use and service, or placed under the charge of the Ordnance or late Barrack Department, or which had been set apart for or placed under the charge of any person or persons acting under the authority of or in trust for Her Majesty or of Her royal predecessors, for the use and service of the said departments, or for military defences, or which had been 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 or Her royal predecessors, or Her or their heirs or successors, for the use and service of the said departments, or for the defence and security of the realm, either in fee or for any life or lives, or otherwise howsoever. And all erections and buildings which then were or which 1 See sec. 37 of Defence Act, 1842, and Note, p. 37. 2 These words would let in a wide range of objects, see "Sheppard v. Bradford,” 16 C.B., (N.S.) 375. 3 The History of this Department, from 1792, is given in vol. i., pp. 240 to 252, as to the same Department in Ireland, p. 227, ib., and see p. 52, post. 4 It is not an unusual title to Ordnance lands to find them vested in a military officer, as taking or holding for the Crown (see 44 Geo. III., cap. 95, sec. 4, and F., p. 35). The section was intended to cover all these irregularities, and to vest all such lands acquired by public money in the Ordnance Board. rdnance oard Trans=r Act, 1855, ec. 2. should be erected and built thereon, together with the rights, In the principal officers of Her Majesty's Ordnance for the vested in such Officers vested State. By the Ordnance Board Transfer Act, 1855, all the lands All lands, &c., vested in the principal officers of the Ordnance were transferred to and vested in the Principal Secretary of State for the time in the said being on behalf of Her Majesty; and the Act declares that when Secretary of and so often as the said 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 lands shall by virtue of the 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 thereby vested and thereafter to be vested in the said 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 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 sole2 and his successors. As to all lands, hereditaments, and property purchased or held for any less estate than an estate of inheritance in fce simple, as if the same 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 interests therein respectively, and so from time to time; nevertheless, with respect to all lands or hereditaments of copyhold or customary tenure, the same shall, for the purpose mentioned in the eighth section of the Defence Act, remain vested in or be surrendered to some person to be approved of or named by the Principal Secretary of State for the time being as tenant thereof. 1 See paragraphs (x) and (y) post., pp. 44–5. 2 It is in this character that he sues in the Supreme Courts, not in his name as a private individual. See the argument of the late Mr. Wickens in "Felkin v. Herbert," and notes on paragraph (t), p. 37, post. |