courses, Profits, Commodities, and Appurtenances whatsoever to the said Piece or Parcel of Ground belonging or in anywise appertaining, to hold the same, with the Appurtenances, unto the said Royal Dublin Society and its Successors for ever, at and subject to the yearly Fee-farm Rent of Two hundred and seventy-seven Pounds Seven Shillings and Ninepence, payable half-yearly, as therein mentioned, and subject to the Performance of the Covenants and Conditions therein contained: And whereas in pursuance of the Provisions in that Behalf contained in the said firstly herein-recited Act the Premises comprised in the said Lease, with the Sanction of the Board of Trade and Navigation, have been divided between the said Society and the said Building Trustees, and a certain Portion thereof has been appropriated for the Purpose of the said National Gallery and Library, and the Rent of One hundred Pounds per Annum has been, with the like Sanction, ascertained as the Amount of the Rent payable in respect of the said Portion so appropriated as aforesaid: And whereas the Building by the said first-recited Act authorized and intended for the said National Gallery and Library has been erected on the said Portion of the Premises so comprised in the said Lease of the Fourth Day of August One thousand eight hundred and fifty-five at an Expense of Twenty-eight thousand Pounds and upwards, the whole of which (with the Exception of a Sum of Five thousand Pounds received by Subscriptions of Individuals for the Purpose of commemorating the eminent public Services of William Dargan Esquire in founding and sustaining the Great Industrial Exhibition of 1853 in Dublin) has been voted by Parliament: And whereas, in consideration of the said Sum of Five thousand Pounds so raised by Subscription, an equal Sum of Five thousand Pounds has been or is proposed to be voted by Parliament in aid of the Purchase of Pictures, and it is also intended to grant to the said Royal Dublin Society a Sum of Three thousand Pounds, to be applied by them in the Purchase of a certain Piece of Ground adjoining their Premises, in lieu of the Piece of Ground forming the Site of the said Building intended for the said National Gallery and Library as aforesaid, and in consequence of such Grant of Three thousand Pounds the said Royal Dublin Society have agreed to pay the entire of said Rent of Two hundred and seventy-seven Pounds Seven Shillings and Ninepence: And whereas the Governors of Marsh's Library have declined to remove their Library to the Part of the said Building designed for the Reception of same, and it is expedient that the said Building, with the Ground on which the same has been erected, with the Rights, Members, and Appurtenances thereunto belonging, 'should be vested in the Public Body herein-after provided:' Be it 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, as follows: 1. The Tenth Section of said firstly herein-recited Act is hereby repealed for all Sect. 10. of Intents and Purposes. 2. The Commissioners of Public Works for the Time being in Ireland shall be a Body Corporate for the Purposes of this Act, and shall have a Common Seal and perpetual Succession, and shall and may take, purchase, and hold Lands and Real Estates and other Property in trust for the Purposes of this Act. 17 & 18 Vict. c. 99. repealed. The Commissioners of Public Works to be a Corporation. The Building and Grounds vested in the Commissioners 3. The said Building so erected and intended for the said National Gallery and Library, and the Lands and Ground forming the Site thereof, containing in front to Merrion Square One hundred and twenty-four Feet, in rear on the West Side Sixty-six Feet, on the South Side Three hundred and eighty-three Feet, and on the North Three hundred and of Public fifteen Feet, be the said several Admeasurements more or less, with all Enclosures thereunto Works. belonging, being the Portion of the said demised Premises so appropriated for the said National Gallery as herein aforesaid, together with all Ways, Easements, and Privileges thereto appertaining or therewith enjoyed, shall be and the same are hereby vested in the Commissioners of Public Works in Ireland, and their Successors, for all the Term and Interest created by the said recited Lease of the Fourth Day of August One thousand eight hundred and fifty-five, in trust for Her Majesty and Her Successors, subject to the Payment to the said Royal Dublin Society and their Successors of the annual Rent of One 28 & 29 VICT. Ꭱ r hundred In case 3,0007, advanced the Rent of 100%. hundred Pounds by Two half-yearly Payments on every Twenty-fifth Day of March and Twenty-ninth Day of September in each Year during the said Term, the first Payment of the said Rent to be made on the Twenty-ninth Day of September One thousand eight hundred and sixty-five, and subject to the Observance of the Covenants and Conditions in the said Lease contained, so far as regards the said Premises so vested in the said Commissioners of Public Works as aforesaid; and the said Royal Dublin Society shall have all Remedies for the Recovery of the said Rent as are incident to a Rent reserved upon a Demise for Years. In case the aforesaid Sum of Three thousand Pounds shall at any Time hereafter be advanced and paid to the said Royal Dublin Society out of Public Monies, then from per Annum to and after such Payment the said annual Rent of One hundred Pounds so payable to the said Royal Dublin Society shall cease and determine. cease. Proviso as to Use and Occu- pation of the Governors and Guardians of National Gallery. The whole of the Rent of 2771. 7s. 9d. to Society. Provided always, that it shall be lawful for the Governors and Guardians of the National Gallery to use and occupy all that Portion of the said Building now used and occupied by them for the Purpose of the National Gallery, together with the free Use of all Ways and Entrances leading to and from the same; and, subject as aforesaid, all the Residue of the said Building and Premises shall be held by the Commissioners of Public Works, their Successors and Assigns, for such Purposes and Uses connected with the Advancement of the Fine Arts as may from Time to Time be directed by the Lords Commissioners of Her Majesty's Treasury. The whole of the said Rent of Two hundred and seventy-seven Pounds Seven Shillings and Ninepence so reserved by the said Lease of the Fourth Day of August One thousand be paid by the eight hundred and fifty-five shall be paid by the Royal Dublin Society, and the said Society shall indemnify the said Commissioners of Public Works, and the said Land and Building so vested in them as aforesaid, of and from all Actions, Suits, Costs, and Charges whatsoever by reason of the Nonpayment of the said Rent, or the Nonobservance of the Covenants and Conditions in the said Lease contained on the Part of the Lessees, so far as the same relate to the Premises demised thereby, other than the Portion thereof so hereby vested in the said Commissioners. CA P. LXXII. Short Title. Interpretation of Terms. Will made before Entry ineffectual as An Act to make better Provision respecting Wills of Seamen and Marines of the BE E it enacted by the Queen's most Excellent Majesty, by and with the Advice and 1. This Act may be cited as The Navy and Marines (Wills) Act, 1865. 2. In this Act The Term "the Admiralty" means the Lord High Admiral of the United Kingdom, or The Term "Seaman or Marine" means a Petty Officer or Seaman, Non-commissioned 3. A Will made after the Commencement of this Act by any Person at any Time previously to his entering into Service as a Seaman or Marine shall not be valid to pass any to Wages, &c. Wages, Prize Money, Bounty Money, Grant, or other Allowance in the Nature thereof, or other Money payable by the Admiralty, or any Effects or Money in charge of the Admiralty. 4. A Will 4. A Will made after the Commencement of this Act by any Person while serving as a Will invalid if Seaman or Marine shall not be valid for any Purpose if it is written or contained on or in combined with the same Paper, Parchment, or Instrument with a Power of Attorney. Power of 5. A Will made after the Commencement of this Act by any Person while serving as a Regulations for Seaman or Marine, or when he has ceased so to serve, shall not be valid to pass any Wages, Wills of SeaPrize Money, Bounty Money, Grant, or other Allowance in the Nature thereof, or other men, &c. as to Wages, &c. Money payable by the Admiralty, or any Effects or Money in charge of the Admiralty, unless it is made in conformity with the following Provisions: (1.) Every such Will shall be in Writing and be executed with the Formalities required (2.) Where the Will is made on board One of Her Majesty's Ships, One of the Two A Will made in conformity with the foregoing Provisions shall, as regards such Wages, Money, or Effects, be deemed to be well made for the Purpose of being admitted to Probate in England; and the Person taking out Representation to the Testator under such Will shall exclusively be deemed the Testator's Representative with respect to such Wages, Money, or Effects. as 6. Notwithstanding anything in this or any other Act, a Will made after the Commence- As to Wills ment of this Act by a Seaman or Marine while he is a Prisoner of War shall (as far made by Priregards the Form thereof) be valid for all Purposes if it is made in conformity with the following Provisions: (1.) If it is in Writing and is signed by him, and his Signature thereto is made or acknow- or Marine or Military Force, or a Warrant or Subordinate Officer of Her Majesty's (2.) If the Will is made according to the Forms required by the Law of the Place where it is made: (3.) If the Will is in Writing and executed with the Formalities required by the Law of England in the Case of Persons not being Soldiers in actual Military Service or Mariners or Seamen at Sea. soners of War. with Act. 7. Notwithstanding anything in this Act, in case of a Will made after the Commence- Payment under ment of this Act by any Person while serving as a Marine or Seaman, and being either in Will not in actual Military Service or a Mariner or Seaman at Sea, the Admiralty may pay or deliver conformity any Wages, Prize Money, Bounty Money, Grant or other Allowance in the Nature thereof, or other Money payable by the Admiralty or any Effects or Money in charge of the Admiralty, to any Person claiming to be entitled thereto under such Will, though not made in conformity with the Provisions of this Act, if, having regard to the special Circumstances of the Death of the Testator, the Admiralty are of opinion that Compliance with the Requirements of this Act may be properly dispensed with. 8. This Act shall commence on such Day, not later than the First Day of January One Commence thousand eight hundred and sixty-six, as Her Majesty in Council thinks fit to direct; never- ment of Act. theless Her Majesty in Council may, if it seems fit, with reference to any Places out of the United Kingdom, direct that this Act do not commence there, respectively, until a Time Publication of after that Day, and with respect to every such Place the Time so appointed shall be deemed the Time of Commencement of this Act. 9. Every Order in Council under this Act shall be published in the London Gazette, and shall be laid before both Houses of Parliament within Thirty Days after the making thereof, if Parliament is then sitting, and if not, then within Thirty Days after the next meeting of Parliament. Short Title. Interpretation of Terms. Payment of Marine Pay Prohibition of Assignment of Prohibition of Exemption from Stamp Duty. Proof to be given by Masters CA P. LXXIII. An Act for regulating the Payment of Naval and Marine Pay and Pensions. BE it enacted by the Queen's most Excellent Majesty, by and with the Advice and : 1. This Act may be cited as The Naval and Marine Pay and Pensions Act, 1865. The Term "the Admiralty" means the Lord High Admiral of the United Kingdom, or The Term "Officer" means a Commissioned, Warrant, or Subordinate Officer, or The Term "Seaman or Marine" means a Petty Officer or Seaman, Non-commissioned 3. All Pay, Wages, Pensions, Bounty Money, Grants, or other Allowances in the Nature thereof payable in respect of Services in Her Majesty's Naval or Marine Force to a Person being or having been an Officer, Seaman, or Marine, or to the Widow or any Relative of a deceased Officer, Seaman, or Marine, shall be paid in such Manner, and subject to such Restrictions, Conditions, and Provisions as are from Time to Time directed by Order in Council. 4. Any Assignment, Sale, or Contract made after the Commencement of this Act by an Officer, Seaman, or Marine entitled to any Naval Pension, or by a Person entitled to a Pension as the Widow of an Officer,-or by a Person entitled to an Allowance from the Compassionate Fund, or by a Person entitled to any Marine Half Pay,- of or in relation to such Pension, Allowance, or Half Pay, shall be void. 5. Any Assignment, Sale, or Contract made after the Commencement of this Act, of or relating to any Pay, Wages, Bounty Money, Grants, or other Allowances in the Nature thereof, payable in respect of Services in Her Majesty's Naval or Marine Force to a Person being or having been a Subordinate Officer, Seaman, or Marine shall be void. 6. All Bills, Orders, Receipts, and other Instruments drawn, given, or made under the Authority or in pursuance of an Order in Council under this Act by, to, or upon any Person in the Service of Her Majesty or of the Admiralty shall be exempt from Stamp Duty. 7. If the Wages of a Seaman or Marine are claimed under an Indenture of Apprenticeship by a Master, they shall be paid to the Seaman or Marine, and not to the Master, claiming Pay unless the Master produces the Indenture, with satisfactory Proof that it was in full Force during of Apprentices. during the Period for which he claims the Wages, and that the Apprentice was at the Time of the Execution of the Indenture under the Age of Eighteen Years, and had not previously been at Sea. 8. Nothing in this Act shall apply to any Money distributable under The Naval Agency Saving for and Distribution Act, 1864. Naval Agency Act. 9. Nothing in this Act shall authorize the making by Order in Council of any Rule Saving for inconsistent with any Provision affecting Naval or Marine Pay or Pensions contained in Naval DisThe Naval Discipline Act, 1864, or any Act for the like Purposes for the Time being in cipline Act. force. 10. Nothing in this Act shall take away or abridge any Power vested in One of Her Saving Power Majesty's Principal Secretaries of State relative to Naval Pensions. 11. Her Majesty in Council may from Time to Time make such Orders in Council as seem meet for the better Execution of any of the Purposes of this Act. of Secretary Orders in 12. Every Order in Council under this Act shall be published in the London Gazette, Orders in and shall be laid before both Houses of Parliament within Thirty Days after the making Council to be published in thereof if Parliament is then sitting, and if not then within Thirty Days after the next London meeting of Parliament. Gazette. 13. This Act shall commence on such Day, not later than the First Day of January One Commencethousand eight hundred and sixty-six, as Her Majesty in Council thinks fit to direct. Any Order in Council for the better Execution of any of the Purposes of this Act may nevertheless be made before that Day, but not so as to commence before it. ment of Act. CA P. LXXIV. An Act to enable Her Majesty's Secretary of State for the War Department to WHEREAS WHEREAS in the Construction of Works for the North-eastern Defence of Plymouth, by Her Majesty's Principal Secretary of State for the War Department, upon Lands acquired by the said Principal Secretary under the Powers of the Defence Act, 1860, it has been found necessary to lay down a Tramway or temporary Railway to 'connect the Sites of the several Forts or Batteries, and during the Construction of such • Works of Defence to use a Locomotive Engine for the drawing or propelling of Waggons and Trucks thereon: And whereas the Course of such Tramway or Railway runs across certain Highway and Turnpike Roads situated in the Parishes of Saint Budeaux, Tamerton Foliot, and Egg Buckland, in the County of Devon; and it is necessary and expedient that the Construction and Use of such Tramway or Railway, so far as the same crosses such Roads or Ways, should be sanctioned by Parliament: Be it 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, as follows: Roads in 1. It shall be lawful for the said Principal Secretary to order and direct that any existing Tramway or Tramway or Railway may be continued and maintained, or that any Tramway or Railway Railway across hereafter required may be made, over and across any public Road or Highway situated in Devonshire to the Parishes aforesaid, and that the same may be used for the Passage of any Locomotive be continued Engines, Waggons, and Trucks, at such Times and subject to such Regulations as to the or made by said Principal Secretary shall seem meet. Order of Secretary of State. |