Penalties may

where the Caufe

the Trade or Revenue of the faid Colonies or Plantations, fhall be (except as to and the fame are hereby repealed, except only as to any Proceedings Proceedings under the faid Acts now depending, or which fhall be commenced pending, &c. before the Tenth Day of October One thoufand eight hundred and be recovered in nine; and that all fuch Penalties and Forfeitures which may have any Court of been heretofore, or may be hereafter incurred, fhall and may be pro- Record, or fecuted, fued for, and recovered in any Court of Record, or of Vice. Vice-Admiralty, Admiralty having Jurifdiction, in the Colony or Plantation where the in the Colony Caufe of Profecution arifes; and in Cafes where there fhall happen to arifes, &c. be no fuch Courts, then in any Court of Record, or of Vice- Proceedings in Admiralty having Jurifdiction in fome British Colony or Plantation Cafes of near to that where the Caufe of Profecution arifes; provided, that Seizures. in Cafes where a Seizure is made in any other Colony than that where the Forfeiture accrues, fuch Seizure may be profecuted in any Court of Record, or of Vice-Admiralty having Jurifdiction, 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 Profecutor; and in Cafes where there shall happen to be no fuch Courts in either of the la!t mentioned Colonies or Plantations, then in any Court of Record, or of Vice-Admiralty having Juridiction, in fome British Colony or Plantation near to that where the Forfeiture accrues, or to that where the Seizure is made, at the Election of the Seizor or Profecutor.

Collector and

II. And be it further enacted, That fuch Seizures, by whomfoever Seizures shall be made, fhall be lodged and deposited in the Custody of the Collector lodged with and Comptroller of the Cuftoms at the Port where they shall be made, Comptroller of or into which they fhall be carried for Adjudication under the afore- Cuftoms, &c. faid Provifions, and shall be subject in refpect to the Charge, Care, and subject to Sale, and Delivery thereof, to the Rules and Regulations of an A&t of 26 G. 3. c. 40. the Twenty-fixth Year of His prefent Majefty's Reign, intituled, An At for regulating the Production of Manifefts, and for more effectually preventing fraudulent Practices in obtaining Bounties and Drawbacks, and in the clandefline re-landing of Goods; and shall be deliverable on Security according to the Rules of another A&t of the Twenty-eighth Year

of His prefent Majefty's Reign, intituled, An Act more effectually to 28 G. 3. c. 34. fecure the Performance of Quarantine, and for amending feveral Laws relating to the Revenue of Customs, in like Manner as if the Provifions of the Two lalt recited Acts were herein repeated.

CAP. CVIII.

An Act to amend the feveral Acts refpecting the Payment of
Wages and Prize Money, and Allotment of Wages, to
Perfons ferving in His Majefty's Royal Navy.

[15th June 1899.]

WHEREAS Certain Provifions, in an Act pafled in the

Twenty-fixth Year of the Reign of His prefent Majefty,

intituled, An Act for the further preventing Frauds and Abufes attend. 26 G. 3. c. 62. ing the Payment of Wages. Prize Money, and other Allowances due

for the Service of Petty Officers and Seamen on board any of His

Majefty's Ships; and in another Act pafled in the Thirty-fcond 32 G. 3. c. 34. Year of His prefent Majelly's Reign, for explaining and amending the faid Act and for other Purposes; and likewife in an A&t paffed

49 Geo. III.

E.

•ia

31 G. 2. c. 10.

32 G. 3. c. 33.

35 G. 3. c. 28.

46 G. 3. c. 127.

So much of

26 G. 3. c. 63. § 1. as requires the Number on

the Ship's Books to be fpecified in the Wills, repealed.

in the Thirty-first Year of the Reign of His late Majefty King George the Second, intituled, An Ad for the Encouragement of Seamen employed in the Royal Navy, and for establishing a regular Method for the punctual. frequent. and certain Payment of their Wages, and for enablingthem more eafily and readily to remit the fame for the Support of their Wives and Families, and for preventing Frauds and Abuses attending fuch Payments; and alfo in an Act paffed in the Thirtyfecond Year of His prefent Majefty, for explaining and amend ing the laft-mentioned A&t, and for further extending the Benefits thereof; and alfo in an Act paffed in the Thirty-fifth Year of the Reign of His prefent Majelty, intituled, An Ad to enable Petty Officers in the Navy and Seamen. Non-commiffioned Officers of Marines and Marines ferving in His Majesty's Navy, to allot Part of their Pay for the Maintenance of their Wives and Families, and alfo in an Act paffed in the Forty-fixth Year of His prefent Majefty, intituled, An Act to amend and extend the Benefits of an A&t made in the Thirty fifth Year of His prefent Maiefly, to enable Petty Officers, Seamen, and Marines ferving in His Majefly's Navy to allot Part of their Wages or Pay for the Maintenance of their Wives and Families, have not been found fufficient to effect the good Purpofes intended thereby;' Be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That fo much of the faid Two herein firft mentioned Acts, as enacts that no Letter of Attorney or Will made by any Petty Officer or Seaman, or Non-commiffioned Officer of Marines or Marine in the Service of His Majefty, his Heirs or Succeffors, whereby any Wages, Pay, Prize Money, or Allowances of Moncy of any Kind, due or to grow due for fuch Service, is authorized to be received or bequeathed, fhall be good and valid and fufficient for the Purpose, unless fuch Letter of Attorney or Will, if made by any fuch Officer or Seaman, or Non-commiffioned Officer of Marines or Marine, then in the Service of His Majefty, his Heirs or Succeffors, fhall fpecify in the Body thereof, the Number at which the Maker of fuch Will or Letter of Attorney ftands upon the Ship's Book, shall be and the fame is hereby repealed.

II. And be it further enacted, That every Will bequeathing Wages. Pay, Prize Money, or other Allowances of Money, and every Letter of Attorney for empowering any Perfon or Perfons to receive Wages, Pay, or other Allowances of Money other than Prize Money, which fhall be made and executed by any Petty Officer, Seaman, Non-commiffioned Officer of Marines or Marine, in the Service of His Hajefty, his Heirs or Succeffors, who may be in any Naval or Merchant Hospital or Sick Quarters on any Foreign Station, where there fhall be no Agent of fuch Hofpital or Quarters, fhall be good and effectual, provided fuch Letter of Attorney fhall be made revocable by the exprefs Words thereof, and provided fuch Letter of Attorney or Will fhall be figned before and attefted by the Surgeon and his Affiftant attending at fuch Hoípital or Sick Quarters.

III. And be it further enacted, That it fhall and may be lawful for any Petty Officer and Seamen, Non-commiffioned Officer of Marines and Marine, in the Service of His Majefty, his Heirs or Suc. ceffors, who may be fent Home fick or invalided from Foreign Stations, while on board any Tranfport or Merchant Veffel on his

Paffage,

Paffage, to make his Will, provided that fuch Will fhall be figned before and attefted by the Mafter and First Mate of every fuch Tranfport or Merchant Veffel respectively.

IV. And whereas Provifion has been made in the faid A of Provifions of the Thirty-fecond Year of His prefent Majefty, for the Payment of 32 G. 3. c. 34. Sums not exceeding Seven Pounds, which may be due and payable [$93.] extended by the Rules of the Navy, to any Petty Officer or Seaman, Non- difcharged.

'commiffioned Officer of Marines or Marine, in refpect of his Services

in the Navy and it is expedient that the Benefits thereof should

:

be extended to Perfons of the faid Defcriptions, who may have been discharged from the Service of His Majetty: Be it therefore enacted, That it shall and may be lawful for fuch Petty Officer or Seaman, Non-commiffioned Officer of Marines or Marine, being fo difcharged, to give fuch Orders in Writing for the Payment of Sums not exceeding Seven Pounds, on the Treafurer of His Majefty's Navy; provided that fuch Orders be made, executed, and attelted in the fame Manner as is prefcribed by the A&s paffed in the Twenty-fixth and Thirty-fecond Years of His pref-nt Majelly's Reign, refpecting Powers of Attorney executed by fuch Perfons when discharged from His Majefty's Service, and provided alfo, that if the Party making fuch Order thall have been difcharged from His Majefty's Service at his own Requeft, or for any other Caufe or Reafon than being unferviceable, he fhall not be entitled to immediate Payment on fuch Order, but fhall wait for the Payment of the fame according to the Rules of the Navy, until fuch Ship from whence he has been discharged, shall come in courfe of Payment.

to Perfons

Provifions of

recited Acts.

V. And whereas Doubts have arifen, whether the Provifions in No Wills of the herein before mentioned A&ts, paffed in the Twenty-fixth and Perfons made Thirty-fecond Years of His prefent Majefty's Reign, fhould be previous to conftrued to render invalid the Will of any Petty Officer or Seaman, be held to be eutering, thall Non-commiffioned Officer of Marines or Marine, executed previously good, unless to the Entrance of fuch Petty Officer or Seaman, Non-commiffioned executed and • Officer of Marines or Marine, into His Majesty's Service, as to any attefted accordWages, Pay, or Ailowances, to which the Perfons who executed ing to the the fame may have been or may be entitled to, for their Service in the Navy Be it further enacted and declared, That no Will of any fuch Perfon fhall be held to be good and available, unless the same shall be executed and attefted according to the Provifions of the faid A&, as to any Wages, Pay, Prize Money, or Allowances of Money of any Kind, due or to grow due in the Service of His Majefty, his Heirs and Succeffors; and that all Payments of Wages, Pay, Prize Money, and other Allowances of Money heretofore made to any Adminiftrator or next of kin, Wife, Relation, or Creditor of any fuch Petty Officer or Seaman, Non-commiffioned Officer of Marines or Marine, having made any Will before he entered into the faid Service, which hath been rejected, as not being executed and attefted, as by the beforementioned Acts is required in that Behalf, fhail be confidered and are hereby declared to be valid and effectual.

Who shall be deemed Petty

VI. And whereas Doubts have ar fen, as to the Perfons who come within the D fcription of Petty Officers and others in His Majefty's Navy and Non-commiffioned Officers of Marines, within Officers, &c. the Provifions of the feveral A&ts herein before recited; Be it further enacted, That all and every Part of the Complement of every Ship in His Majefty's Navy fhall be and are hereby declared to

Ee 2

be

26 G. 3. c. 63. § 5. refpecting Poftage of Infpector's Letters repealed.

Letters to and from Inspector relating to Seamen's Wills exempted from Poftage.

be Petty or Inferior Officers, Seamen, Non-commiffioned Officer of Marines or Marines, excepting fuch as are rated upon the Books of fuch Ships, as Admirals or Flag Officers, and their Secretaries, Captains, Lieutenants, Sub-Lieutenants, Mafters, Second Mafters, and Pilots, Phylicians, Surgeons, Affittant Surgeons. Chaplains, Boatfwains, Gunners, Carpenters, and Purfers, Field Officers of Marines, Captains, Captain-Lieutenants of Marines, Lieutenants and Quartermatters of Marines.

VII. And whereas it is expedient to repeal fuch Part of the faid recited Act, paffed in the Twenty-fixth Year of the Reign of His prefent Majefty, as relates to the receiving and fending Letters and Packets by the Infpector, to be appointed as therein mentioned, free from the Duty of Poltage, and to enact other Provifions in lieu thereof;' Be it therefore enacted, That immediately from and after the paffing of this Act, the faid Part of the faid recited A& shall ceafe, determine, and be no longer in force.

VIII. And be it further enacted, That from and after the paffing of this Act, all Letters or Packets addreffed to the Infpector of Seamen's Wills for the Time being, upon any Bufinefs or Affairs relating to the faid Office of Infpector of Seamen's Wills, shall be free from the Duty of Pottage; and all Letters and Packets being upon any Bufinefs or Affairs relating to the faid Office of Infpector of Seamen's Wills that shall be forwarded by the faid Infpector of Seamen's Wills shall be under Cover, with the Words "Purfuant to Act "of Parliament, Forty-nine George the Third," printed upon the fame; and the faid Infpector of Seamen's Wills fhall write his Name under the fame.

Penalty on IX. And be it further enacted, That if any Infpector of Seamen's Infpectorabufing Wills or any other Perfon fhall fend or convey under any of the Covers fuch Privilege, aforefaid, any Writing-paper or Parcel other than those relating to fool. the Bufinefs or Affairs of the faid Office of Infpector of Seamen's Wills, the Perfon fo offending fhall, for every fuch Offence, forfeit and pay the Sum of One hundred Pounds.

Penalty on forging Certificates under

32 G. 3. c. 34. § 18. Felony without Clergy.

X. And be it further enacted, That if any Perfon from and after the paffing of this Act, fhall falfely make, forge, or counterfeit, or caufe or procure to be falfely made, forged, or counterfeited, or willingly act and affift in the falfe making, forging, or counterfeiting the Signature of any Minifter, Churchwarden, Elder or Inhabitant of any Parish, to any Certificate to any Petition for a Certificate as required, defcribed, and mentioned in the recited A&t, paffed in the Thirtyfecond Year of the Reign of His prefent Majefty, to enable any Perfon or Perfons to obtain Letters of Administration to any fuch Petty Officer or Seaman, Non-commiffioned Officer of Marines or Marine, or fhall utter or publish as true any fuch Certificate to any fuch Petition, with any falfe, forged, or counterfeited Signature of any fuch Minister, Church warden, Elder, or Inhabitant of any Parish, knowing the fame to be falfe, forged, or counterfeited, then every fuch Perfon fo offending, being lawfully convicted of any fuch Offence, shall be deemed guilty of Felony, and shall fuffer Death as a Felon without Benefit of Clergy.

XI. And whereas by the faid Act paffed in the Thirty-fifth Year of the Reign of His prefent Majefty, every Petty Officer and Scaman or Landman, Non-commiffioned Officer of Marines or Marine, ferving or entering to serve on board of any Ship or Veffel of His

• Majefty,

• Majefty, his Heirs and Succeffors, is empowered to allot a certain Part of his Monthly Wages or Pay, to certain Relations therein

tenance of Children, to he applied under Minifter, &c.

Direction of the

• mentioned;' Be it further enacted, That it shall be lawful for every Petty Officers, Petty Officer and Seaman, or Landman, Non-commiffioned Officer of Seamen, and Marines or Marine, being a Widower, and ferving or entering to ferve Marines, being Widowers, may on board of any Ship or Veffel of His Majefty. his Heirs and Succef- 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 fuch Proportions and under the Restrictions, Forms, and Limitations as are prefcribed in the faid laft-mentioned Act: Provided that every fuch Allotment for the Maintenance of fuch Child or Children, shall be made to fome fit Perfon or Perfons inhabiting the Parish where fuch Child or Children [See 35 G. 3. may refide, who fhall be approved of by the Minifter and Church-' c. 28. § 3, &c.] wardens, or Churchwarden, Elders or Elder of fuch Parish; and in case any Perfon or Perfons to whom fuch Allotments fhall be made for the Maintenance of fuch Child or Children, fhall fail in applying the fame to the Advantage and Benefit of fuch Child or Children, and a Certificate of fuch Misconduct fhail be fent from the Minifter and Churchwardens or Churchwarden, Elders or Elder of fuch Parish, to the Commiffioners of the Navy, it thall be lawful for the faid Com. miffioners, and they are hereby required thereupon, to nominate and appoint any other Person or Perfons who may be recommended to them by the Minifter and Churchwardens or Churchwarden, Elders or Elder of the faid Parish, for receiving the Allotment for the Purpose' aforefaid, in the Room of fuch Perfon or Perfons who may have abufed the Truft reposed in him or them.

Widowers.

XII. And be it further enacted, That it fhall be lawful for every and to their Petty Officer and Seaman, or Landman, Non-commiffioned Officer Fathers, being of Marines or Marine ferving or entering to ferve on board of any Ship or Veffel of His Majesty, his Heirs and Succeffors, to allot a certain Part of his Monthly Wages to his Father, being a Widower and unable wholly to maintain himsel', in fuch Proportions and under the Reftrictions, Forms, and Limitations, and agreeable to the Directions prefcribed in the faid laft-mentioned Act; provided fuch Father is certified by the Minitter and Churchwardens or Churchwarden, Elders or Elder of the Parish in which he fhall refide, to be a Widower and unable wholly to maintain himself.

XIII. And be it further enacted, That all Allotments of Wages or Pay made by any Petty Officer or Seaman or Landman, Non-com. miffioned Officer of Marines or Marine, by virtue of this A&t or any former Acts, shall be paid by the Perfons and at the Places following; that is to fay, if the Perfon or Perfons entitled to any Sum fo allotted fhall refide in London, or within the Bills of Mortality, the fame fhall be paid by the Treafurer of the Navy at Somerset House; and if the Perfons entitled to any Sums fo allotted fhall refide at Portsmouth, Plymouth, Chatham, Deptford, Woolwich, or Sheerness, or within Five Miles of any of thofe Places refpectively, then and in every fuch Cafe the fame fhall be paid by the Clerk of the Cheque, at any of thofe Places where or within Five Miles of which fuch Perfon or Perfons fhall refide; but if the Refidence of any fuch Perfon or Persons entitled to any Sum fo allotted as aforefaid, fhall 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 thofe Places refpectively, then in every fuch Cafe the Sum allotted

Ee 3

By whom
Allotments of
Pay fhall be paid
to the Parties

entitled.