appropriation and payment of the several sums therein named include several by the Receiver-General to the purposes of this Act. PUBLICATION OF ORDERS TO PAY. sums. 15. When the Governor, from time to time, orders the pay- Notice of payment of the pensions aforesaid, or any of them, the Receiver- ment ordered, to be given by General shall insert a notice thereof in the Canada Gazette for Receiver-Genthree months immediately after such order. eral. C. S. CAN. CAP. 36. An Act respecting Lands and Real Property, held or required by the Imperial Government for the Military defence of this Province. HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: TRANSFER OF LANDS, AND POWERS TO THE WAR DEPARTMENT. property rang 1. All lands and other real property comprised in the Sche- Lands and dule to this Act annexed, and all other lands and other real pro- ferred to the perty, except the lands and property in thesecond Schedule to the Secretary of Act respecting the Ordnance and Amiralty Lands transferred State for War. to the Province, which by virtue of the Act 7 V. c. 11, or of any other Act or Acts, or of any conveyance, surrender, lease, or other assurance, or of any law, custom or usage whatsoever, were at any time before the nineteenth day of June, 1856, vested in the Principal Officers of the Ordnance on behalf of Her Majesty, 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 of the said Department, or for the defence and security of this Province, that is to say: vested. control of the 2. All castles, forts, lines or other fortifications, messuages, What prolands, lands covered with water, beaches, beds of rivers, canals perty shall be and works connected therewith, tenements, estates, and other Lands used for hereditaments, real property, rights, easements and servitudes military dewhatsoever, (all which things shall be intended by the words fence or under "Lands and other real property" wheresoever they occur in Orinance this Act) within this Province, and immediately before the Department. passing of the Act passed in the seventh year of Her Majesty's Reign, chaptered eleven, (hereinafter referred to as the Ordnance Vesting Act,) vested in Her Majesty, or in any person or persons, officer or officers, in trust for Her Majesty, and set apart, used or occupied for purposes connected with the military defence of the Province, or placed under the charge and control ProvisoLands or buildings pur Provincial of the Qfficers of the said Ordnance Department, or of the Commander of Her Majesty's Forces, or other Military Officer or Officers, whether the same became so vested in Her Majesty, or Her Royal Predecessors for such purposes by the cession of this Province, or have been by Her or them set apart or transferred from the lands, demesnes, or other real property of the Crown, or from the Clergy Reserves, or have been intended to be so set apart or transferred, for any of the purposes aforesaid, or have been purchased for such purposes by any person, or officer, and paid for out of funds provided for that purpose by the Parliament of the United Kingdom, and surrendered or conveyed to Her Majesty, or Her Royal Predecessors, or to some person in trust for Her or them, or have been set apart or transferred or have been taken for any such purposes, under the authority of any Act or Law, in force in this Province, or in any part thereof, (by whatsoever mode of conveyance the same have been purchased and taken, and whether in fee or absolute property, or for any life or lives, or term or terms of years, or for any lesser interest, or à titre de cens,)—And all such Lands, and other real property, and all others which have since the passing of the said Act been purchased by the said Principal Officers, or which having been acquired and purchased, or taken for the Crown, and the price or compensation thereof paid out of funds provided by the Imperial Parliament, Her Majesty has been pleased to direct to be vested in the said Principal Officers, and all erections and buildings erected, or built thereon, together with the rights, members, and appurtenances to the same respectively belonging, and which have not been sold or otherwise disposed of by the said Principal Officers, and are not comprised in the said Schedule to the Act respecting the Ordnance and Admiralty Lands transferred to the Province, and also all the moveable and personal property of Her Majesty held or used for the services and purposes aforesaid, or any of them,-are and shall remain vested in Her Majesty's Principal Secretary of State for the time being to whom Her Majesty thinks fit to intrust the Seals of the War Department, according to their respective nature and quality, and the several estates and interests therein, subject to the provisions of this Act, on behalf of and in trust for Her Majesty, for the service of the War Department, or for such other services as Her Majesty, or the said Principal Secretary of State, from time to time, direct; 3. Provided always, that nothing in this Act, or in the said Act 7 V. c. 11, shall extend to vest in the said Principal Officers chased with or the said Principal Secretary of State, any Lands or Buildfunds not to be ings, which have been purchased or erected for Provincial purso transferred. poses, with funds provided by the Legislature of this Province, or of either of the late Provinces of Upper or Lower Canada, unless the same have been or are lawfully purchased by, and conveyed to the said Principal Officers or Secretary of State, under the provisions of some Act or Law in force in this Province; or any Lands or Buildings belonging to the Civil Government of the Province, notwithstanding that the same 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. ferred to be 2. The lands and other real property so as aforesaid transferred to and vested in the said Principal Secretary of State for Lands transthe 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: Secretary. 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 other real property purchased or otherwise 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; To be held by Suc- him or any held successor in such poration sole, office as a cor same estate 3. And the said lands and other real property vested and to be vested in any such Principal Secretary of State and his cessors, shall, as to such of them as were purchased or are for an estate of inheritance in fee simple, be so vested in Principal Secretary of State and his Successors, in the same and for the 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 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 Contracts, &c., to continue with the said Secretary in place of the Principal Offi cers. 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. 3. All contracts, covenants and agreements made and 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 or other real property vested in or agreed to be purchased by the said Principal 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 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 Officers of the Ordnance. And so of any commenced. How the said be described in to such property and rights, &c. 4. In every contract, conveyance, surrender, lease or other Secretary may assurance of any lands or other real property, with, unto, or by deeds reiating the said 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 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, surrender, lease, assurance, deed or instrument may be executed by such 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 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. How such deeds, &c., may beixecuted. Lands, &c., to be hereafter acquired, to be 5. From and after the setting apart, grant, purchase, conveyance, demise or taking thereof, all other lands and other real vested in like property or estate or interest therein, at any time granted or purchased, or taken by such Principal Secretary of State as aforesaid, or by any person or persons for him, for the service manner. 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. may be Principal 6. All public Lands certified under his hand and seal by the Public lands Commander of Her Majesty's Forces in this Province, to be necessary for necessary for the erection of any fort, barrack, battery or other military works 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 for out of Imthe price thereof by him, out of any funds provided for that perial funds. purpose by the Imperial Parliament. payment there by leases, &c., Ordnance De 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 real property vested in such Principal Secretary of State as made by Offaforesaid, or of any estate or interest therein, made or entered cers of the into before the passing of the said Ordnance Vesting. Act, by partment and 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. ed to attend in 8. Any term or terms of years, or other less estate or right Terms assignassigned, or reserved, in or to attend upon the inheritance or heritance. 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 Seit is in the judgment of such Principal Secretary of State ex- cretary of pedient so to do, such Principal Secretary of State may con- assign to vey, surrender or assign all or any of the lands and other real trustees, for State may |