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may have been under the charge and control, or in the use or occupation of the Ordnance, or any other Military Department;
4. And provided also, that nothing in this Act or in the said Proviso Act shall extend to vest in the said Principal Officers or in the said Secretary of State, any Lands which, before the passing of the said Act, had been granted by Her Majesty, or Her Royal Predecessors, to any other person or party, unless the same were, subsequently to such grant, lawfully purchased, acquired or taken for the purposes of the said Ordnance Department, nor to impair, diminish or affect any right, title or claim, vested in or possessed by any person or party at the time of the passing of the said Act, to, in or upon any Lands or real property whatsoever, nor to give the said Principal Secretary of State any greater or better title to any Lands or real property than was then vested in the Crown, or in some person or party in trust for the Crown.
2. The lands and other real property so as aforesaid transferred to and vested in the said Principal Secretary of State for Lands trans
ferred to be the time being intrusted with the Seals of the War Department, subject to shall be subject nevertheless to every lease or agreement for leases, &c. lease entered into with or by the Principal Officers of Ordnance, or any person or persons authorized and empowered by the said Principal Officers to exercise the powers and authorities of the said Ordnance Vesting Act, of or in respect of any such lands or other real property :
2. And when and so often as any person having been such,
To vest in the Principal Secretary of State, ceases to hold such Office, the successors in said several lands and other real property, and all lands and office of such
Secretary. other real property purchased orotherwise acquired or held by him as such Principal Secretary of State, on behalf of Her said Majesty, shall, by virtue of this Act, be absolutely divested out of such Secretary of State and shall be transferred to and vested in his Successor in the said Office, immediately upon his receiving the Seals of the said Department, absolutely;
3. And the said lands and other real property vested and to be To be held by vested in any such Principal Secretary of State and his Suc- him or any cessors, shall, as to such of them as were purchased or are held successor in
office as a corfor an estate of inheritance in fee simple, be so vested in such poration sole, Principal Secretary of State and his Successors, in the same and for the
same estate manner as if the fee simple thereof had been originally con- as the Princiveyed to such Principal Secretary of State, as a Corporation pal Secretary sole, and his Successors, and as to all lands and other real ba
other pool had in them. 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 ;-And wherever such Principal Secretary of State as aforesaid, is mentioned or referred to in this Act, his Successors in Office are also intended and included, unless it is otherwise expressed.
any person or inance, or any person the P real prop
Cuntracts, &c., 3. All contracts, covenants and agreements made and entered to continue into by any person or persons whomsoever with the said Prinwith the said Secretary in cipal Officers of the Ordnance, or any person or persons on their place of the behalf, as to or concerning any lands or other real property Principal Offi- tod in or vested in or agreed to be purchased by the said Principal
road to Officers, or in anywise relating to the public service of the Ordnance, shall be deemed and taken to have been made or entered into with such Principal Secretary of State as aforesaid for the time being, and shall be executed and enforced by
him in like manner as if he had originally been party thereto And so of any instead of the said Principal Officers of Ordnance ;-And all proceedings proceedings whatsoever which have been or might have been
commenced, taken or done in the names of the said Principal Officers on behalf of Her Majesty, shall be commenced, continued, taken and done in the name of such Principal Secretary of State as aforesaid, in like manner (in the case of proceedings already commenced, taken or done) as if he had originally been party thereto instead of the said Principal Oficers of the Ordnance.
the time such Princiand taken public
How the said 4. In every contract, conveyance, surrender, lease or other Secretary may assurance of any lands or other real property, with, unto, or by be described in a deeds relating the said Principal Secretary of State for the time being, and in to such pro- every other Deed or Instrument relating to any lands, hereperty and rights, &c.
ditaments, estates or property, or in anywise to the public service, to which the said Principal Secretary of State for the time being is or is 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, surHow such
render, lease, assurance, deed or instrument may be executed deeds, &c., tender, lease, assur may be exe. by such Principal Secretary of State, or by any other of cutod.
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 is executed by any other Principal Secretary of State, 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 Principal Secretary of State for the War Department.
Lands, &c., to 5. From and after the setting apart, grant, purchase, conveybe hereafter, ance, demise or taking thereof, all other lands and other real vested in like property or estate or interest therein, at any time granter or manner. purchased, or taken by such Principal Secretary of State as
aforesaid, or by any person or persons for him, for the service of the War Department, or surrendered to or taken by Her Majesty or purchased or taken by any person in trust for Her Majesty for such services, under the provisions of this Act, or of any other Act or Law, and all erections or buildings then or thereafter erected or built thereon, with the rights, members and appurtenances to the same respectively belonging, shall in like manner be, and become and remain vested in the said Principal Secretary of State, and his Successors in the said Office, according to the nature and quality of the said lands and other real property, and the several and respective estates and interests of and in the same respectively, and on behalf of Her Majesty.
6. All public Lands certified under his hand and seal by the Publio lands Commander of Her Majesty's Forces in this Province, to be necessary for
military works necessary for the erection of any fort, barrack, battery or other ma
ouer may be military work, or for preserving such work free from obstruc- granted to tions, may, on an order of the Governor in Council, be freely
Secretary of granted by Letters Patent under the Great Seal of this Pro-State ; vince, to such Principal Secretary of State as aforesaid, in trust as aforesaid ; and being so granted, may be disposed of by him in the same manner as other lands vested in him under the provisions of this Act, or of any former Act;—And all and other other Public Lands may be purchased by, and granted to, and lands on vested in such Principal Secretary of State, on the payment of lor the price thereof by him, out of any funds provided for that perial funds. purpose by the Imperial Parliament.
ince, to such dr; and being soother lands
yment thereout of Im
7. Provided that any lease or conveyance, or any promise Secretary of of a lease or conveyance of any part of the Lands or other State to abide
V by leases, &c., real property vested in such Principal Secretary of State as made by ofiaforesaid, or of any estate or interest therein, made or entered cers of the
Ordnance Deinto before the passing of the said Ordnance Vesting Act, by partme any officer or person under whose control such lands or pro- others. perty were placed, or in whom the same were vested in trust for the Crown, shall be held good and valid by the said Principal Secretary of State, who shall ratify and confirm the same, and execute all deeds and instruments which may be necessary for that purpose, on the terms and conditions on which such lease, conveyance or promise was made.
8. Any term or terms of years, or other less estate or right Terms assign
ed to attend inassigned, or reserved, in or to attend upon the inheritance or her absolute property of any land or real property hereby vested in such Principal Secretary of State as aforesaid at the time the same was surrendered or conveyed to, or in trust for the Crown, shall be and remain vested in the party or trustee or trustees, his or their executors, administrators, assigns or legal representatives, to or in favour of whom the same were so assigned or reserved ;-And in case, from any circumstance whatever, Principal Se. it is in the judgment of such Principal Secretary of State ex- cretary of
State may pedient so to do, such Principal Secretary of State may con- assier vey, surrender or assign all or any of the lands and other real trustees, for
the use of the property and premises at any time vested in him, and may War Depart. direct all or any of the lands and other real property and
premises agreed to be purchased or taken by him, to be conveyed, surrendered or assigned to a trustee or trustees for the use of the War Department or the defence of this Province, upon the trusts to which the same are or ought to be subject.
Principal Se- 9. Such Principal Secretary of State as aforesaid may from cretary may, time to time contract for, purchase and take, for and on behalf purchase and take lands, of Her Majesty, Her Heirs and Successors, any lands or other &c., for the real property, or any lease of, or other interest in the same service of the War Depert- which in his judgment it is desirable to purchase or take
for the service of the said War Department, or the defence of this Province, upon such terms as to such Principal Secretary of State seem meet,—and may enter into any contracts necessary for that purpose ;—And all such lands or other real property, estate or interest therein so purchased shall be conveyed, granted or surrendered to such Principal Secretary of State in trust as aforesaid.
Enabling 10. All bodies politic or corporate, ecclesiastical or civil, clause,
and all feoffees and trustees for charitable or other public purposes,—and all tenants for life, or in tail, or in substitution,-and the husbands, guardians, trustees, committees, curators, tutors
or attorneys of such of the owners or proprietors of, or parties Certain parties Interested in
tieg interested in any lands or other real property, agreed to be may convey to purchased, or taken by such Principal Secretary of State as
aforesaid, for any of the purposes aforesaid, as are married Secretary of
women, femes covert, minors, infants, lunatics, idiots, interdicted persons, or persons absent from the Province, or otherwise incapable of acting for themselves,—may validly contract and agree with such Principal Secretary of State, either for the absolute sale or exchange of any such lands, or other real property, or for the sale, grant or release of any estate, right, title or interest therein, or for the reversion thereof after any estate or estates for lives or years or other future or contingent interest, or for any term of years therein, or for such period as the exigency of the public service may require, and may convey, surrender, grant or demise the same accordingly:
to be valid.
Contracts, etc., 2. And all contracts, sales, conveyances, releases, surrenders,
valid. leases and agreements made in pursuance of this Act shall be Their legal valid and effectual in law and in equity to all intents and pureffect. poses whatsoever, and shall be a full and complete bar to all
dower and claims of dower, estates-tail, substitutions, mortgages, hypothecations and other estates, rights, titles, trusts, uses and interest whatsoever.
Power to sell 11. Such Principal Secretary of State as aforesaid may sell, or dispose of exchange. or in any manner dispose of, or let or demise any the property vested by tắis lands or other real property vested in him by virtue of this Act.
Act, or any estate or interest therein so vested, or any of the said moveable and personal property hereby vested in him,
either by public auction or by private contract,—and may convey, surrender, assign or make over, grant, demise or deliver the same (as the case may require) to any party willing to take the same in exchange or otherwise, –and may also do any other matter or thing in relation to any such lands or other real, moveable or personal property which is by such Principal Secretary of State as aforesaid deemed beneficial for the public service, and conducive to the better management and use of the property hereby vested in him, which might be done by any person having an estate or interest in the same, of the same nature as that vested in or held by such Principal Secretary of State in trust as aforesaid.
property any such
12. The moneys to arise and be produced by the sale, or ex- Moneys arischange, dernise or disposal of any such lands or other real pro- ing fro msuch perty as aforesaid, sold or exchanged, demised or disposed of to those whom
e sale to be paid under the provisions of this Act, shall be paid by the purchaser the Principal thereof or the person making such exchange, or to whom the same are demised or disposed of, to such person or officer as direct. such Principal Secretary of State as aforesaid shall appoint to receive such moneys, for such purposes as Her Majesty may direct;—And the receipt of such person or officer as aforesaid, (such receipt being endorsed or written upon or subjoined to the conveyance, surrender, assignment, lease or other instrument, or an authentic copy thereof,) shall effectually discharge the purchaser or person by whom or on whose account such moneys are paid.
ACQUIRING OR TAKING LANDS REQUIRED FOR MILITARY
13. Such Principal Secretary of State as aforesaid may enter Principal Secupon, survey and mark out any lands or other real property retary of State which in his judgment are wanted for the service of the War onde
mne service Olune war upon and surDepartment or for the defence of this Province, and may treat vey lands reand agree with the owner thereof, or with any party or person War Demet.
in quired for the who by the preceding provisions of this Act is authorized to ment, and convey or demise the same, either for the absolute purchase of treat for them. the same or of some estate or interest therein, or for the possession or use thereof, during such time as the exigence of the public service, in the judgment of such Principal Secretary of State, requires :
2. But before entering upon and surveying or marking out Before entry, any such lands or real property in the actual occupation of the Principal Sec
retary to give proprietor or any other person, such Principal Secretary of State notic shall give notice of the day and hour of such intended entry, writing. in writing, by the space of seven days, to such owner or other person, under the hand of some Officer or person duly authorized to that effect;
3. And nothing herein contained shall authorize such Prin- This Act not cipal Secretary of State to enter upon, take possession of, or to interfere otherwise interfere with the Lands described in the Act of the