Page images
PDF
EPUB

Court of

the Trade or Revenue of the said Colonies or Plantations, shall be (except as to and the same are hereby repealed, except only as to any Proceedings Proceedings under the said Aets now depending, or which shall be commenced pending, &c. before the Tenth Day of Oftober One thonsard eight hundred and be recovered in nine ; and that all such Penalties and Forfeitures which may have

any been heretofore, or may be hereafter incurred, shall and may be pro. Record, or secuted, sued for, and recovered in any Court of Record, or of Vice. Vice-Admiralty, Admiralty having Jurisdiction, in the Colony or Plantation where the in the Colony

where the Caure Cause of Prosecution arises ; and in cases where there shall happen to arises, &c. be no such Courts, then in any Court of Record, or of Vice- Proceedings in Admiralty having Jurisdiction in some Britis Colony or Plantation Cafes of near to that where the Cause of Prosecution arises ; provided, that Seizures. in Cases where a Srizure is made in any other Colony than that where the Forfeiture accrues, such Seizure may be prosecuted in any Court of Record, or of Vice. Admiralty having Jurisdiction, either in the Colony or Plantation where the Forfeiture accrues, or in the Colony or Plantation where the Seizure is made, at the Election of the Seizor or Prosecutor; and in Cases where there shall happen to be no such Courts in either of the lait mentioned Colonies or Plantations, then in any Court of Record, or of Vice-Admiralty having Juriidiction, in some British Colony or Piantation near to that where the Forfeiture accrues, or to that where the Seizure is made, at the Election of the Seizor or Prosecutor.

II. And be it further enacted, That such Seizures, by whomsoever Seizures Mall be made, Thall be lodged and depolíted in the Custody of the Collector lodged with and Comptroiler of the Customs at the Port where they shall be made, Comptroller of or into which they shall be carried for Adjudication under the afore- Customs, &c. faid Provisions, and shall be subject in respect to the Charge, Care, and subject to Sale, and Delivery thereof, to the Rules and Regulations of an Ad of 26 G. 3. c. 40. the Twenty-fixth Year of His present Majesty's Reign, intituled, An for regulating the Production of Manifests, and for more effe&ually preventing fraudulent Practices in obtaining Bounties and Drawbacks, and in the clandestine re-landing of Goods; and Thall be deliverable on Security according to the Rules of another A& of the Twenty-eighth Year of His present Majesty's Reign, intituled, An Ad more effe&ually to 28 G. 3. c. 34. secure the Performance of Quarantine, and for amending several Laws relating to the Revenue of Customs, in like Madner as if the Provilious of the Two last recited Acts were herein repeated.

CAP. CVIII.
An Ad to amend the several Acts respecting the Payment of

Wages and Prize Money, and Allotment of Wages, to
Persons serving in His Majesty's Royal Navy.

[15th June 1899.] :

Twenty-sixth Year of the Reign of His present Majesty, intituled, An Aa for the further preventing Frauds and Abuses attend. 26 G. 3. c. 63. ing the Payment of Wages. Prize Money, and other Allowances due

for the Service of Petty Officers and Seamen on board any of His Majesty's Ships; and in another Act passed in the Thirty-f-cond 32 G. 3. c. 34. • Year of His present Majelty's Reign, for explaining and amending • the said Act and for other Purposes; and likewise in an Ad passed 49 Geo. III.

• ia

31 G. 2.c. 10. ' in the Thirty.first Year of the Reign of His late Majesty King

George the Second, intituled, An Aa for the Encouragement of Seamen employed in the Royal Navy, and for establishing a regular Method for the pundual. frequent, and certain Payment of their Wages, and for

enablingthem more easily and readily to remit the same for the Support

of their Wives and Families, and for preventing Frauds and Abuses

attending such Payments ; and also in an Act pafled in the Thirty. 32 G. 3. c. 33.

' second Year of His present Maj-ftv, for explaining and amend.

• ing the lal-mentioned A&, and for further extending the Benefits 35 G. 3.c. 28. • thereof; and also in an Act passed in the Thirty-fifth Year of the

• Reign of His present Mujeity, intituled, in Aa to enable Petty

Officers in the Navy and Seamen. Non-commissioned Officers of Marines and Marines ferving in His Majesty's Navy, to allot Part of their Pay

for the Maintenance of their Ilives and Families, and also in an A& 46 G. 3. c. 127. passed in the Forty-fixth Year of His present Majesty, intituled, An

Aa to amend and extend the Benefits of an Ad made in the Thirty fifth Year of His present Maiesly, to enable Petty Officers, Seamen, and Marines serving in His Majesly's Navy. to aliot Part of their Wages or Pay for the Maintenance of their Wives and Families, have not been • found sufficient to eff: &t the good Purposes intended thereby;' Be it therefore enacted by the King's moft 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 So much of

of the same, Thai so much of the said Two herein first mentioned 26 G. 3. c. 63. $ 1. as requires Aas, as enacts that no Letter of Attorney or will made by any the Number on

Pettv Officer or Seaman, or Non.commiffioned Officer of Marines the Ship’s Books or Marine in the Service of His Majesty, his Heirs or Successors, to be fpecified in whereby any Wages, Pay, Prize Money, or Allowances of Moncy the Wills,

of any kind, due or to grow due for such Service, is authorized to repealed.

be received or bequeathed, shall be good and valid and sufficient for the Purpose, unless such Letter of Attorney or Will, if made by any such Officer or Seaman, or Nori-commiffioned Officer of Marines or Marine, then in the Service of His Majesty, his Heirs or Succeffors, shall specify in the Body thereof, the Number at which the Maker of sucb Will or Letter of Attorney ítands upon the Ship’s Book, shall be and

the same is hereby repealed. Wills, &c. exe

II. And be it further enacted, That every Will bequeathing cuted by Seamen Wages. Pay, Prize Money, or other Allowances of Money, and every in Naval Hof Letter Attorney for empowering any person or Persons to receive pitals, &c. abroad, shall be Wages, Pay, or other Allowances of Money other than

Prize Money, good if made

which shall be made and executed by any Petty Officer, Seaman, revocable, and Non-commissioned Officer of Maripes or Marine, in the Service of attested by the His Hajesty, his Heirs or Successors, who may be in any Naval or Surgeons.

Merchant Hospital or Sick Quarters on any Foreign Station, where there shall be vo Agent of such Hospital or Quarters, shall be good and effectual, provided such Letter of Attorney shall be made re. vocable by the express Words thereof, and provided such Letter of Attorney or Will shall be figned before and attested by the Surgeon

and his Áfiiftant attending at such Hospital or Sick Quarters. Sick Seamen III. And be it further enacted, That it shall and may be lawful in Transports for any Petty Officer and Seamen, Non-commissioned Officer of

Marines and Marine, in the Service of His Majesty, his Heirs or Suce Wills attefted by ceffors, who may be sent Home fick or invalided from Foreiga Mate. Stations, while on board any Transport or Merchant Vefsel op his

Passage,

may execute

[ocr errors]

Passage, to make his Will, provided that such Will shall be figned before and attested by the Master and First Mate of every such Transport or Merchant Vefsel respectively.

IV. ' And whereas Provision has been made in the said Ad of Provisions of the Thirty-second Year of His present Majesty, for the Payment of 32 G. 3. c. 34. Sums not exceeding Seven Pounds, which may be due and payable [$23.) extended

to Perfons . by the Rules of the Navy, to any Petty Officer or Seaman, Non.

dischargede 'commissioned Officer of Marines or Marine, in respect of his Services ' in the Navy: and it is expedient that the Benefits thereof should 'be extended to Persons of the said Descriptions, who may have been s discharged from the Service of His Majetty: Be it therefore enacted, That it shall and mav be lawful for such Petty Officer or Seaman, Non-commissione: Officer of Marines or Marine, being so discharged, to give such Orders in Writing for the Payment of Sums not exceeding Seven Pounds, on the Treasurer of His Majesty's Navy; provided that such Orders be made, txecuted, and attested in the same Manner as is prescribed by the Aes passed in the Twenty-fixth and Thirty-second Years of His pref-nt Majetty's Reign, respecting Powers of Attorney executed by such Persons when discharged from His Majesty's Service, and provided also, that if the Party making sucb Order ihall have been discharged from His Majesty's Service at his own Requeft, or for any other Čause or Reason than being un serviceable, he Mall not be entitled to immediate Payment on such Order, but Mall wait for the Payment of the same according to the Rules of the Navy, until fuch Ship from whence he has been discharged, shall come in course of Payment

V. · And whereas Doubts have arisen, whether the Provisions in No Wills of • the herein before mentioned A&s, passed in the Twenty-sixth and Persons made • Thirty Second Years of His prefent Majesty's Reign, should be previous to • construed to render invalid the Will of any Petry Officer or Seaman, be held to be

entering, thall • Non-commissioned Officer of Marines or Marine, executed previously good, unless • to the Estrance of such Petty Officer or Seaman, Non-commissioned executed and • Officer of Marines or Marine, inco His Majesty's Service, as to any attested accord• Wages, Pay, or Ailowances, to which the Persons who executed ing to the

Provisions of the same may have been or may be entitled to, for their Service in the recited Atty. • Navy ;' Be it further enacted and declared, That no Will of any fuch Person Shall be held to be good and available, unless the same shall be executed and attested according to the Provisions of the said Act, as to any Wages, Pay, Prize Money, or Allowances of Money of any Kind, due or to grow due in the Service of His Majesty, his Heirs and Succeffors; and that all Payments of Wages, Pay, Prize Money, and other Allowances of Money heretofore made to any Administrator or next of Kin, Wife, Relation, or Creditor of any such Petty Officer or Seama!, Non-commiffioned Officer of Marines or Marine, having made any Will before he entered into the said Service, which hath been rejected, as not being executed and attested, as by the before. mentioned Acts is required in that Behalf, shall be considered and are hereby declared to be valid and effectual.

VI. • And whereas Doubts have arisen, as to the Persons who Who Thall be • come within the D scription of Prity Officers and others in His deemed Petty • Majesty's Navy and Non-commissioned Officers of Marines, within Officers, &c. " the Provisioos of the several A&s herein before recited ;' Be is further enacted, That all and every Part of the Complement of every Ship in His Majekty's Navy shall be and are hereby declared to

Eez

be

be Petiy or Inferior Officers, Seamen, Non-commiffioned Officer of Marines or Marines, excepting such as are rated upon the Books of such Ships, as Admirals or Flag Officers, and their Secretaries, Captains, Lieutenants, Sub-Lieutenants, Maiters, Second Masters, and Pilots, Physicians, Surgeons, Affittant Surgeons. Chaplains, Boatfwains, Gunners, Carpenters, and Pursers, Field Officers of Marines, Captains, Captain-Lieutenants of Marines, Lieutenants and Quarter

malters of Marines. 26 G. 3. c. 63. VII. · And whereas it is expedient to repeal such Part of the said 5. respecting

o recited Act, palled in the Twenty-sixth Year of the Reign of His Postage of Inspector's

present Majesty, as relates to the receiving and sending Letters and Letters repealed. , ' Packets by the Inspector, to be appointed as therein mentioned, free

• from the Duty of Poltage, and to enact other Provisions in lieu • thereof;" Be it therefore enacted, That immediately from and after the passing of this Act, the said Part of the said recited A& shall

ceale, determine, and be no longer in force. Letters to and VIII. And be it further enacted, That from and after the passing from Inspector of this Act, all Letters or Packets addressed to the Inspector of relating to Sea- Seamen's Wills for the Time being, upon any Bufiness or Affairs remen's Wills exempted from

lating to the said Office of Inspector of Seamen's Wills, shall be free Postage. from the Duiy of Pottage ; and all Letters and Packets being upon

any Business or Affairs relating to the said Office of Inspector of Scamen’s Wills that shall be forwarded by the said Inspector of Sea. men's Wills shall be under Cover, with the Words “ Pursuant to Act “ of Parliament, Forty.Dive George the Third," printed upon the same; and the said Inspector of Seamen's Wills shall write his Name

under the same. Penalty on IX. And be it further enacted, That if any Inspector of Seamen's Inspector abufing Wills or any other Person shall send or convey under any of the Covers fueh Privilege, tool.

aforesaid, any Writing-paper or Parcel other than those relating to
the Business or Affairs of the said Office of Inspe&or of Seamen's
Wills, the Person fo offending Mall, for every such Offence, forieit
and
рау.

the Sum of One hundred Pounds. Penalte on X. And be it further enacted, That if any Person from and after forging Certifi the passing of this Act, shall falsely make, forge, or counterfeit, or cates under

cause or procure to be falsely made, forged, or counterfeited, or will.

ingly act and assist in the false making, forging, or counterfeiting the § 18. Felony without Clergy

Signature of any Minitter, Church warden, Elder or Inhabitant of any Parish, to any Certificate to any Petition for a Certificate as required, described, and mentioned in the recited A&, passed in the Thirtysecond Year of the Reign of His present Majetty, to enable any Person or" Persons to obtain Letters of Administration to any such Petty Officer or Seaman, Non-commissioned Officer of Marines or Marine, or shall utter or publish as true any such Certificate to any such Petition, with any false, forged, or counterfeited Signature of any such Minister, Church warden, Elder, or Inbabitant of any Parish, knowing the same to be false, forged, or counterfeited, then every such Person fo offending, being lawfully convicted of any such Offence, shall be deemed guilty of Felony, and Thall suffer Death as a Felon without Benefit of Clergy.

XI. ' And whereas by the said Ae passed in the Thirty-fifth Year of the Reign of His presenc Majesty, every Petty Officer and Sca• man or Landman, Non-commiffioned Officer of Marines or Marine, ferving or entering to serve on board of any Ship or Vesel of His

• Majesty,

• Majesty, his Heirs and Succeffors, is empowered to allot a certain • Part of his Monthly Wages or Pay, to certain Relations therein • mentioned ;' Be it further enacted, "That it shall be lawful for every Petty Officers, Petty Officer and Seaman, or Landman, Non-commissioned Officer of Scannen, and Marines or Marine, being a Widower, and serving or entering to serve Marines, being on board of any Ship or Vessel of His Majefly. his Heirs and Succeso allot Part of their fors, to allot a certain Part of his Monthly Wages or Pay for the Pay for MainMaintenance of any his Child or Children, in such Proportions and tenance of under the Restrictions, Forms, and Limitations as are prescribed in Children, to be the said last-mentioned A&t: Provided that every such Allotment for applied under

the the Maintenance of such Child or Children, shall be made to some fit Minifter, &c. Person or Persons inhabiting the Parish where fuch Child or Children (See 35 G. 3. may refide, who shall be approved of by the Minister and Church-' c. 28. 53, &c.] wardens, or Church warden, Eiders or Elder of such Parish ; and in case any Person or Persons to whom such Allotments shall be made for the Main:enance of such Child or Children, thall fail in applying the fame to the Advantage and Benefit of such Child or Children, and a Certificate of such Misconduct shall be fent from the Minister and Churchwardens or Churchwarden, Elders or Elder of such Parish, to the Commissioners of the Navy, it Thall be lawful for the said Com.' miflioners, and they are hereby required thereupon, to nominate and appoint any other Person or Persons who may he recommended to them by the Minifter and Church wardens or Churchwarden, Elders or Elder of the said Parish, for receiving the Allotment for the Purpose aforesaid, in the Room of such Person or Persons who may have abused the Truft reposed in him or them.

XII. And be it further enacted, That it shall be lawful for every and to their Petty Officer and Seaman, or Landman, Non-commissioned Officer Fathers, being

Widowers. of Marines or Marine serving or entering to serve on board of any Ship or Velfel of His Möj:fty, his Heirs and Successors, to allot a certain Part of his Monthly Wages to his Father, being a Widower and unab!e wholly to maintain himself, in such Proportions and under the Reftrictions, Forms, and Limitations, and agreeable to the Directions prescribed in the said last-mentioned Act; provided such Father is certified by the Minilter and Churchwardens or Churchwarden,' Elders or Elder of the Parish in which he shall reside, to be a Widower and unable wholly to maintain himself.

XIII. And be it further enacted, That all Allotments of Wages By whom or Pay made by any Petty Officer or Seaman or Landman, Non-com.

Allotments of miffioned Officer of Marines or Marine, by virtue of this AA or any to ibie Parties

Pay shall be paid former Acts, shall be paid by the Persons and at the Places following ; entitled. that is to say, if the Person or Persons entitled to any Sum fo allotted shall reside in London, or within the Bills of Mortality, the same shall be paid by the Treasurer of the Navy at Somerset House; and if the Persons entitled to any Sums fo allotted shall refide at Portsmouth, Plymouth, Chatham, Deptford, Woolwich, or Sheerness, or within Five Miles of any of those Places respectively, then and in every such Case the same shall be paid by the Clerk of the Cheque, at any of those Places where or within Five Miles of which such Person or Persons fhall reside ; but if the Residence of any such Person or Persons entitled to any Sum fo allotted as aforesaid, shall not be in London, nor within the Bills of Mortality thereof, nor at Portsmouth, Plymouth, Chatham, Deptford, Woolwich, or Sheerness, nor within Five Miles of any of those Places respectively, then in every such Case the Sum

allotted

Еe 3

« PreviousContinue »