Defence Act 1842
| Jurisdiction | UK Non-devolved |
(5 & 6 Vict.) C A P. XCIV.
[10th August 1842]
'WHEREAS by an Act passed in the Forty-fourth Year of the Reign of His Majesty KingGeorge the Third, intituled : And whereas by an Act passed in the First and Second Years of the Reign of His Majesty King George the Fourth, intituled : And whereas by an Act passed in the Third Year of the Reign of KingGeorge the Fourth, intituled : And whereas by an Act passed in the Second Year of His late Majesty KingWilliam the Fourth, intituled , various Provisions have been heretofore made for the Purchase of Lands and Hereditaments for the public Service, and for the Defence and Security of the Realm, and for vesting all Estates and Property purchased, taken, used, or occupied for the Ordnance and Barrack Service throughout the United Kingdom in the principal Officers of the Ordnance, and for granting certain Powers to the said principal Officers in relation thereto, and for facilitating the Despatch of the public Business in the Ordnance Department: And whereas it will be expedient to consolidate and embody in One Act the Powers and Provisions of the said several Acts, and to amend and enlarge the same:' Beit therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act the herein-before mentioned Acts shall be and the same are hereby repealed.
II All Acts, as to Defence of the Realm, and the Ordnance, repealed.
II. And be it enacted, That all other Acts heretofore passed relating to Lands, Hereditaments, or other Property purchased, taken, held, used, or occupied for the Defence and Security of the Realm, or relating to the Barrack or the Ordnance Department throughout the United Kingdom, so far as the same are inconsistent with or repugnant to the Powers and Provisions of this Act, but not further or otherwise, shall be and the same are hereby repealed.
III Repeal of the said Acts not to revive any Act repealed, or prejudice any Sale, Contract, &c.
III. Provided nevertheless, and be it enacted, That the Repeal of the said several Acts hereby repealed shall not operate to revive any Act thereby repealed, nor shall the same annul or prejudice any Sale, Purchase, Composition, Grant, Lease, Enfranchisement, Exchange, Contract, Agreement, Bond, Mortgage, Security, Indemnity, Exoneration, Compensation, Charge, Responsibility, or other Act, Matter, or Thing which at the Time of passing this Act shall have been made, done, given, effected, or created, or which shall have been confirmed by or under and by virtue of such Acts, or any or either of them, but the same shall remain as good, valid, and effectual, and all the Provisions in the said Acts respectively contained for the Benefit or Security, either of Her Majesty, Her Heirs or Successors, or of any of the Parties to or with whom or in whose Favour any such Sale, Composition, Grant, Lease, Enfranchisement, Exchange, Contract, Agreement, Bond, Mortgage, Security, Indemnity, Exoneration, Compensation, Confirmation, Charge, Responsibility, or other Act, Matter, or Thing shall have been made, done, given, effected, created, or confirmed, or with whom any other Transaction shall have taken place under the Provisions of the said Acts respectively, shall, so far as regards Her Majesty, Her Heirs and Successors, and such Parties respectively, and all Parties claiming under Her or them, remain and be of as full force and virtue as if the said Acts had not been hereby in any Manner repealed; and in case any Contract shall have been entered into or any Proceeding instituted before the Commencement of this present Act, under and by virtue of the said Acts or any of them, which shall not have been fully performed or completed, the same shall be proceeded with, performed, and completed under the Provisions of the said Acts in the same Manner as if the same had not been hereby repealed, unless the said principal Officers shall think it more expedient to proceed with, perform, and complete the same under the Provisions of this Act, and in that Case the same shall and may be proceeded with, performed, and completed under the Provisions of this Act.
IV Not to exempt from Punishment Offences committed previously to the passing hereof.
IV. Provided also, and be it enacted, That the Repeal of the said Acts shall not extend or operate to exempt any Person or Persons from any Penalty or Punishment or other legal Consequences imposed by such Acts, or any or either of them, otherwise or attaching in respect of any Crime, Offence, or other Matter or Thing committed or done previously to the passing of this Act, but that such Punishment or Penalty shall and may be inflicted in the same Manner as if the Act or Acts by which the same are imposed had not been hereby in any Manner repealed.
V Lands, &c. purchased for the Service of the Ordnance, and all Buildings, &c. thereon, vested in the principal Officers.
V. And be it enacted, That immediately from and after the passing of this Act all Messuages, Buildings, Castles, Forts, Lines, or other Fortifications, Manors, Lands, Tenements, and Hereditaments, save and except as herein-after is mentioned, which have been heretofore set apart for the Use and Service or placed under the Charge of the Ordnance or late Barrack Department, or which have been heretofore 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 have been heretofore 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 now are or which shall or may hereafter be erected and built thereon, together with the Rights, Members, Easements, and Appurtenances to the same respectively belonging, shall be and become and continue vested in the principal Officers of Her Majesty's Ordnance for the Time being, and their Successors in the said Office, according to the Nature and Quality of and the respective Estates and Interests in such Messuages, Buildings, Castles, Forts, Lines, or other Fortifications, Manors, Lands, Tenements, and Hereditaments, in Trust for Her Majesty, Her Heirs and Successors, for the Service of the said Ordnance Department, or for such other public Service or Services as Her said Majesty, Her Heirs or Successors, shall from Time to Time by any Order in Council be pleased to direct.
VI Lands to be hereafter taken, &c. to be vested in the same Manner.
VI. And be it enacted, That from and after the setting apart or placing under Charge, or Purchase, and Conveyance, Grant, or Demise thereof, all other Messuages, Buildings, Castles, Forts, Lines, or other Fortifications, Manors, Lands, Tenements, and Hereditaments, which shall at any Time or Times here-after be set apart for the Use and Service or placed under the Charge of the Ordnance or late Barrack Department, or which shall be hereafter 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 Her Royal Predecessors, for the Use and Service of the said Departments, or for Military Defences, or which shall be hereafter 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; and all Erections and Buildings which shall then or which may thereafter be erected and built thereon, with the Rights, Members, Easements, and Appurtenances to the same respectively belonging, shall be and become and remain and continue vested in the principal Officers of Her Majesty's Ordnance for the Time being, and their Successors in the said Office, according to the Nature and Quality of and the respective Estates and Interests in such Messuages, Buildings, Castles, Forts, Lines, or other Fortifications, Manors, Lands, Tenements, and Hereditaments, in Trust for Her Majesty, Her Heirs and Successors, for the Service of the said Ordnance Department, or for such other public Service or Services as Her said Majesty, Her Heirs or Successors, shall from Time to Time, by any Order in Council, be pleased to direct.
VII Terms assigned to attend the Inheritance of Lands, &c. holden for the Ordnance to remain in same Trustees on same Terms.
VII. Provided nevertheless, and be it enacted, That any Term or Terms of Years which shall have been or may be assigned to attend the Inheritance in any of the Messuages, Buildings, Castles, Forts...
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