Admiralty not bound to pay (2.) Or else the Admiralty shall, if they think fit, pay to the Persons (if any) beneficially interested in the Residue their respective Shares thereof: (3.) And in Cases where the foregoing Provisions of the present Section do not apply, and the Amount of the Residue appears to the Admiralty insufficient to cover the Expense of Representation, the Admiralty shall dispose of the Residue in manner prescribed by Order in Council. 9. In the Case of a Seaman or Marine, the Admiralty shall not pay the Residue or to Nominee of any Part thereof to any Nominee of the Representative of the Deceased or of a Person Representative. entitled to take out Representation to the Deceased, whether such Nominee be appointed by Power of Attorney or otherwise, unless in special Circumstances it appears to the Admiralty safe and proper to make such Payment to any such Nominee. Admiralty not to dispose of Residue for 10. Notwithstanding anything in this Act, the Admiralty shall not in any Case dispose of the Residue or any Part thereof otherwise than by paying the same to the Three Months, Representative of the Deceased, until after the Expiration of Three Months from the Receipt by the Admiralty of Notice of the Death, unless in special Circumstances it appears to the Admiralty safe and proper to dispose of the Residue or any Part thereof at an earlier Time. &c. Provision for Debts out of Saving for existing Claims. Provision as to unsold Effects, &c. Disposal of Exemptions from Duty. Validity of Sales, &c. under this Act. 11. In the Case of a Seaman or Marine, where Representation is not taken out, the Admiralty shall before disposing of the Residue or any Part thereof satisfy out of the Residue (as far as the same will extend) any Debt of the Deceased of which they have Notice, subject to the following Conditions: First. That the Debt accrued due within Three Years before the Death: Second. That Payment of it is claimed within Two Years after the Death: Third. That the Claimant proves the Debt to the Satisfaction of the Admiralty: In any such Case, any Person claiming to be a Creditor of the Deceased shall not be entitled to obtain Payment of his Debt out of any Money being under this Act in the Hands of the Admiralty by any Means or Proceeding whatever except by means of a Claim lodged with the Admiralty and Proceedings thereon under and according to this Act. 12. Nothing in this Act shall prejudicially affect the Claim of any Creditor in respect of a Debt incurred before the Commencement of this Act. 13. The Provisions of this Act relative to the Residue, in the Case of a deceased Officer, Seaman, or Marine, shall extend and apply, mutatis mutandis, to unsold Effects and Money (if any) in charge of the Admiralty. 14. Medals and Decorations belonging to an Officer, Seaman, or Marine dying on Service shall not be considered as comprised in the Personal Estate of the Deceased with reference to the Claims of Creditors, or for any of the Purposes of Administration under this Act or otherwise; and, notwithstanding anything in this or any other Act, the same shall be held and disposed of according to Regulations prescribed by Order in Council. 15. Where the Residue does not exceed One hundred Pounds and is administered and disposed of under this Act without Representation being taken out, it shall not be liable to the Payment of any Duty; and if in any Case the Admiralty under this Act require Security by Bond for the Application of a Residue in due Course of Administration, the Bond shall be exempt from Stamp Duty where an ordinary Administration Bond relative to the same Residue would be so exempt; but this Provision shall not affect any Exemption from Duty existing independently hereof. 16. Every Payment or Application of Money, and every Sale or other Disposition of Property, made by the Admiralty in pursuance of this Act, or of any Order in Council for carrying this Act into effect, shall be good and valid as against all Persons whomsoever; and and the Admiralty shall be by virtue of this Act absolutely discharged from all Liability in respect of the Money or other Property so paid, applied, or disposed of. Her Majesty 17. Her Majesty in Council may from Time to Time make such Orders in Council may make as seem meet for the better Execution of any of the Purposes of this Act. Orders in 18. 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 thereof if Parliament is then sitting, and if not then within Thirty Days after the next the London meeting of Parliament. published in Gazette. 19. This Act shall commence on such Day, not later than the First Day of January CommenceOne thousand eight hundred and sixty-six, as Her Majesty in Council thinks fit to ment of Act. 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. CA P. CXII. An Act to repeal Enactments relating to Powers of the Commissioners of the [5th July 1865.] WHEREAS the Enactments described in the Schedule to this Act relate either to Powers of the Admiralty, or to Protection of the Royal Dockyards, or to Naval and Marine Pay and Pensions, or to Wills or Property of deceased Officers, Seamen, and Marines, and others, or to Matters connected therewith, and the same either have ceased to be in force, or on the Commencement of divers Acts of the present Session will cease to be in force, and it is therefore expedient that the same be expressly repealed:' 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: Schedule. 1. The Enactments described in the Schedule to this Act are hereby repealed; but this Repeal of Repeal shall not affect the past Operation of any such Enactment, or the Force or Operation Enactments in of any Order in Council or Regulation or Instruction made or given, or the Validity or Invalidity of anything done or suffered, or any Right, Title, Obligation, or Liability accrued before the Commencement of this Act; nor shall this Act interfere with the Institution or Prosecution of any Proceeding in respect of any Offence committed against or any Penalty or Forfeiture incurred under any Enactment hereby repealed. 2. 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; ment of Act. nevertheless 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, in respect of the Repeal of any of the Enactments in the Schedule described, commence there, respectively, until a Time after that Day, and with respect to every such Place the Time so appointed shall be deemed the Time of Commencement of this Act. 3. Every Order in Council under this Act shall be published in the London Gazette, and Publication shall be laid before both Houses of Parliament within Thirty Days after the making thereof of Orders in if Parliament is then sitting, and if not then within Thirty Days after the next meeting of Parliament. 4. This Act may be cited as "The Admiralty, &c. Acts Repeal Act, 1865." Council, Short Title. 9 & 10 Will.3.c.41. (9 Will.3.c.41.in The Statutes of the Realm.) 4 Ann. c. 16. (4&5 Ann. c. 3. in The Statutes of the Realm) in part. 9 Geo. 3. c. 30. SCHEDULE. ENACTMENTS REPEALED. An Act for the better preventing the Imbezlement of His Majesty's Stores of An Act for the Amendment of the Law and the better Advancement in part, of Justice namely, Section Twenty-six. An Act for repealing so much of an Act passed in the Tenth Year of Her late Majesty Queen Anne as relates to the Harbour Moorings of the Royal Navy, and for the more effectual Preservation of such Moorings, and Punishment of Persons guilty of stealing or embezzling Her Majesty's Naval Stores, or of Forgery or Perjury in relation to Seamen's Wages. 54 Geo. 3. c. 159. An Act for the better Regulation of the several Ports, Harbours, in part. Roadsteads, Sounds, Channels, Bays, and navigable Rivers in in part, the United Kingdom, and of His Majesty's Docks, Dockyards, namely, Arsenals, Wharfs, Moorings, and Stores therein; and for repealing several Acts passed for that Purpose 57 Geo. 3. c. 118. 59 Geo. 3. c. 56. 59. Geo. 3. c. 59. 1 Geo. 4. c. 85. 10 Geo. 4. c. 26. in part. Sections Two to Nine and Seventeen to Twenty (all inclusive). An Act to make further Regulations as to the Payment of Navy Prize Orders. An Act to make further Provisions respecting Naval Prize Money. An Act for vesting all Estates and Property occupied by or for the Naval An Act for transferring the Management of Greenwich Out-Pen- Sections Eleven, Thirteen, Fourteen, and Thirty-two. in part, namely, 11 Geo. 4. & 1 Will. An Act to amend and consolidate the Laws relating to the Pay of} 4. c. 20. in part. the Royal Navy Except Section Eighty. 11 Geo. 4. & 1 Will. An Act to make further Regulations with respect to Army | in part, 4. c. 41. in part. - namely, Pensions Section Three as far as relates to Naval or Marine Pensions. 2 & 3 Will. 4. c. 40. An Act to amend the Laws relating to the Business of the Civil in part. Department of the Navy, and to make other Regulations for >:- 4 & 5 Will. 4. c. 25. An Act to alter and amend the Provisions of an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, for amending and consolidating the Laws relating to the Pay of the Royal Navy. 5 & 6 Will. 4. c. 24. An Act for the Encouragement of the voluntary Enlistment of Seamen and to make Regulations for more effectually manning in part. Her Majesty's Navy in part, namely, Section Seven. Section Twelve. 7 Will. 4. & 1 Vict. An Act for the Amendment of the Laws with respect to Wills: in part, namely, 6 & 7 Vict. c. 58. An Act to alter an Act of the Eleventh Year of King George the Fourth, An Act to enable Her Majesty to acquire Lands for the Enlargement of Her 13 & 14 Vict. c. 62. An Act to alter and extend an Act passed in the Eleventh Year of King 15 & 16 Vict. c. 46. An Act to amend an Act of the Eleventh Year of King George the Fourth for amending and consolidating the Laws relating to the Pay of the Royal Navy. 16 & 17 Vict. c. 69. An Act to make better Provision concerning the Entry and Service Sections Three, Eleven, and Nineteen. 17 & 18 Vict. c. 19. An Act for facilitating the Payment of Her Majesty's Navy, and Section Thirteen. namely, in part, 26 & 27 Vict. c. 30. An Act to authorize further Harbour Regulations for the Protection of Her Majesty's Ships, Dockyards, and Naval Stations. CA P. CXIII. An Act to authorize the Payment of Retiring Pensions to Colonial Governors. WHEREAS it is expedient that Retiring Pensions should be granted in certain • Colonial Possessions:' Be it enacted by the Queen's most Excellent Majesty, by and 1. In this Act the Term "Colony " includes any Plantation, Island, or other Possession Definition of within Her Majesty's Dominions, exclusive of the United Kingdom of Great Britain "Colony." and Ireland, and of the Islands being immediate Dependencies thereof, and exclusive of India as defined by the Act of Parliament of 1858" for the better Government of "India." Full Rate of 2. The full Rate of Pension herein-after referred to shall be as follows, that is to say: In the Case of Officers who shall for at least Four Years have administered the Govern- In Reduced Rate. When full Rate may be granted. When reduced Rate may be granted. Permanent Civil Service In the Case of Officers who shall for at least Four Years have administered the Government of any Colony or Colonies in which the Salary of the Governor is not less than One thousand two hundred Pounds, Five hundred Pounds: In other Cases, Two hundred and fifty Pounds. 3. The reduced Rate of Pension herein-after referred to shall in all Cases be Two Thirds of the full Rate. 4. One of Her Majesty's Principal Secretaries of State may, by Writing under his Hand, grant the full Rate of Pension to any Person who, being of the Age of Sixty, shall have administered the Government of any Colony or Colonies for Periods amounting in the whole to Eighteen Years, or who, being of the Age aforesaid, shall have administered such Government or Governments for Periods amounting in the whole to Ten Years, and shall have been employed in the whole either in such Administration or in the permanent Civil Service of Her Majesty, for Periods amounting in the whole to Twentyfive Years, or to any Person who, having administered such Government or Governments for Periods amounting in the whole to Fifteen Years, shall have established, to the Satisfaction of such Secretary of State, that he is incapable, from Infirmity of Mind or Body contracted while administering his Government, of discharging the Duties of any Office in the Public Service, and that such Infirmity is likely to be permanent. 5. Such Secretary of State may, by such Writing as aforesaid, grant the reduced Rate of Pension to any Person being of the Age of Sixty, who, after having attained the Age of Forty, shall have administered the Government of any Colony or Colonies for Periods amounting in the whole to Twelve Years, or to any Person being of the Age of Sixty, who, after having attained the Age of Forty, shall have administered such Government or Governments for Periods amounting in the whole to Eight Years, and shall have been employed in the whole, either in such Administration or in the permanent Civil Service of Her Majesty, for Periods amounting in the whole to Twenty Years, or to any Person who, having administered such Government or Governments for Periods amounting in the whole to Ten Years, shall have established to the Satisfaction of such Secretary of State that he is incapable, from Infirmity of Mind or Body contracted while administering his Government, of discharging the Duties of any Office in the Public Service, and that such Infirmity is likely to be permanent. 6. No Person whose Claim to a Pension under the Provisions of this Act is founded in part upon his Employment in the permanent Civil Service of Her Majesty shall be counted under entitled to claim a Superannuation Allowance, in respect of the same Employment, under the Provisions of any other Act of Parliament. not to be this or any other Act. Deductions from Pension on account of Half Pay, &c. Advancement Person re- sion bound to not to re linquish it till Sixty-five. 7. In case any Person to whom a Pension shall have been granted under the Provisions of this Act shall be or become entitled to any Half Pay, Salary, or other Emolument from any Public Revenue raised, or in respect of any Public Services performed, within Her Majesty's Dominions, his Pension shall be reduced by Half the Amount of such Half Pay, Salary, or Emolument. 8. In case any Person to whom a Pension shall have been granted under the Provisions of this Act shall, by reason of his Re-employment, become eligible for any higher Rate of Pension than that already granted him, One of Her Majesty's Principal Secretaries of State may, by such Writing as aforesaid, grant to him such higher Rate of Pension. 9. In case any Person having administered the Government of any Colony and not being of the full Age of Sixty, shall be called upon by Her Majesty to administer the Government of any Colony not being of a lower Class than that on which his Rate of Pension has been, or in case of his Retirement on reaching the Age of Sixty would be calculated, and not being incapable from Infirmity of Mind or Body of administering such Government, shall refuse to administer the same; or if any such Person, not being of the full Age of Sixty-five, shall relinquish such Government without the Permission of Her Majesty, or shall neglect or decline to execute the Duties there f satisfactorily, the said |