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Walmer Vesting.

'Honourable Robert Banks Earl of Liverpool the Office of 'Warden and Keeper of the Cinque Ports and their Members

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for and during the Term of his natural Life: And whereas Indentures 'the said Earl while he held the Office aforesaid did by Inden- dated 21st and tures of Lease and Release bearing Date respectively the 22d Dec. 1810. Twenty-first and Twenty-second Days of December One thou

'sand eight hundred and ten, and respectively made between

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' himself of the one Part, and the Honourable Charles Cecil Cope Jenkinson, Charles Jenkinson Esquire, the Reverend John Banks Jenkinson, George Jenkinson Esquire, and Robert 'Jenkinson Esquire, of the other Part, convey Two Pieces of 'Pasture Land, Planted Grounds, and Garden Grounds, One ' of them containing Twenty-eight Acres Two Roods, and the ' other Six Acres Two Roods, little more or less, situate in the 'Parish of Walmer, abutting on and surrounding Walmer Castle ' and the Garden thereto belonging, unto the said Charles Cecil Cope Jenkinson, Charles Jenkinson, John Banks Jenkinson, George Jenkinson, and Robert Henry Jenkinson therein called 'Robert Jenkinson, their Heirs and Assigns, to the Use of the 'said Robert Banks Earl of Liverpool during his Life, with 'Remainder to the Use of the said Charles Cecil Cope Jenkinson, Charles Jenkinson, John Banks Jenkinson, George Jenkinson, ' and Robert Jenkinson, their Heirs and Assigns for ever, never'theless upon Trust and to the Intent and Purpose that they, ' and the Survivors and Survivor of them, and the Heirs and Assigns of such Survivor, should, at all Times after the Decease ́ of the said Earl, permit and suffer the said Lands and Hereditaments to be held, used, occupied, possessed, and enjoyed, together with Walmer Castle aforesaid, by the Lord Warden ' of His Majesty's Cinque Ports for the Time being, in such and 'the same Manner to all Intents and Purposes as if the same Lands were Part of the Precinct or Territory of the said 'Castle, and by Grant or Prescription belonged to the said Lord 'Warden for the Time being by virtue of his Office: And Indentures 'whereas by Indentures of Lease and Release, bearing Date dated 13th and respectively the Thirteenth and Fourteenth Days of September 14th Sept. 1821. 'One thousand eight hundred and twenty-one, endorsed on the 'first-mentioned Indentures respectively, and made between the 'said Earl of the one Part, and the said Charles Cecil Cope Jenkinson, Charles Jenkinson, John Banks Jenkinson, George Jenkinson, and Robert Henry Jenkinson of the other Part, the 'said Robert Banks Earl of Liverpool did convey a Piece of Land containing Four Acres Two Roods Thirty-five Perches, situate at Walmer aforesaid, to the Uses, upon the Trusts, and 'to the Intent and Purpose, and with, under, and subject to the 'Powers, Provisoes, Agreements, and Declarations in and by the first-mentioned Indenture expressed or declared of the Heredi'taments herein-before mentioned: And whereas the said Earl departed this Life in the Month of December One thousand eight hundred and twenty-eight, and the said Charles Cecil Cope 'Jenkinson, Charles Jenkinson, John Banks Jenkinson, and • George

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Lands conveyed by recited Indentures vested

in Secretary of State for War.

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Walmer Vesting.

'George Jenkinson departed this Life in the Lifetime of the said Robert Jenkinson, and leaving him the sole surviving Trustee of 'said Trust Premises: And whereas the said Robert Jenkinson departed this Life, having previously thereto duly made and published his last Will and Testament, whereby he devised the said Trust Estates unto the Reverend Sir Brooke William Robert Boothby Baronet, his Heirs and Assigns for ever: And whereas Her present Majesty, by Her Royal Letters Patent bearing Date the Fifteenth Day of April One thousand eight hundred and sixty-one, granted to the Right Honourable Henry 'John Viscount Palmerston, K.G., the said Office of Warden of the Cinque Ports and their Members for and during the Term of his natural Life: And whereas the said Viscount Palmerston, by virtue of his Appointment as aforesaid, is in the actual "Possession or in receipt of the Rents and Profits of the said Lands and Premises conveyed in trust as aforesaid: And 'whereas a Map or Plan of all the Lands and Hereditaments held by the said Viscount Palmerston as Lord Warden of the Cinque Ports hath been prepared, distinguishing therein by a 'Red Edging such of the Premises as belong to the Crown and are at present under the Charge of Her Majesty's Principal Secretary of State for the War Department, and also the Residue of the Premises by a Blue Edging that before the passing of this Act are vested in the said Sir Brooke William Robert Boothby Baronet, in trust as aforesaid, which Map or Plan is signed by the said Viscount Palmerston and Earl De Grey and Ripon, and is deposited in the Office of Her Majesty's Principal Secretary of State for the War Department: And whereas it is expedient that the said Lands and Premises now vested in the said Sir Brooke William Robert Boothby in trust as aforesaid should be transferred to and vested in Her Majesty's Principal Secretary of State for the War Department and his Successors, but so nevertheless that the said Lands and Hereditaments, with their Appurtenances, may be held, used, occupied, and enjoyed together with Walmer Castle by the said 'Viscount Palmerston, or other the Lord Warden for the Time being of Her Majesty's Cinque Ports:' 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:

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1. The Lands conveyed by the Indentures respectively hereinbefore recited or referred to, being the Lands described or delineated on the said Map or Plan, and surrounded thereon by a Blue Edging, shall, upon the passing of this Act, become and be vested in Her Majesty's Principal Secretary of State for the War Department, on behalf of Her Majesty, for all the Estate and Interest now vested in the said Sir Brooke William Robert Boothby, but so nevertheless that the said Lands and Hereditaments, with their Appurtenances, may be held, occupied, and enjoyed together with Walmer Castle by the said Viscount

Palmerston,

Poor Law Board Continuance.

Loan Societies.

Palmerston, or other the Lord Warden for the Time being of Her
Majesty's Cinque Ports.

atives of the

2. Nothing in this Act contained shall affect or prejudice any Not to affect present or future or contingent Estate, Right, or Interest at Law any Right of or in Equity which the Representatives of the said Earl of Lirer- the Representpool, or any other Person or Persons, would now or under any said Earl of resulting Trust or otherwise might hereafter have or be entitled Liverpool. to if this Act had not been passed, save only the Estate and Interest of the said Sir Brooke William Robert Boothby.

3. In the Construction of this Act the Style or Title "Her Construction of Majesty's Principal Secretary of State for the War Department" Act. shall mean Her Majesty's Principal Secretary of State for the

Time being to whom Her Majesty shall think fit to intrust the

Seals of the War Department.

4. This Act may be cited as "The Walmer Vesting Act, Short Title. 1863."

CAP. LV.

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An Act to continue the Poor Law Board for a limited [21st July 1863.]

Period. [The Poor Law Commissioners and the Officers and Persons appointed by them to continue in Office until July 23rd 1864, and until the End of the then next Session of Parliament.]

CA P. LVI.

An Act to make perpetual an Act to amend the Laws
relating to Loan Societies.
[21st July 1863.]

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HEREAS an Act passed in the Session of Parliament
holden in the Third and Fourth Years of the Reign of

Her Majesty, Chapter One hundred and ten, intituled An Act 3 & 4 Vict.

to amend the Laws relating to Loan Societies, and continued c. 110.

by several Acts, and lastly by an Act of the Session of Parlia

ment of the Twenty-first and Twenty-second Years of Her

· Majesty, Chapter Nineteen, is about to expire, and it is expedient to make the same perpetual:' 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:

perpetual.

1. There shall be repealed the First Section of the said Act of Recited Act the Session of the Twenty-first and Twenty-second Years of Her 3 & 4 Vict. Majesty, Chapter Nineteen, whereby it is provided that the said c. 110. made Act of the Third and Fourth Years of Her Majesty is to continue in force until the First Day of August One thousand eight hundred and sixty-three, and the last-mentioned Act shall be and is hereby made perpetual.

САР.

Short Title. Interpretation of Terms.

21 & 22 Vict. c. 106.

Repeal of
Enactments in

Schedule.

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WHE

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An Act to consolidate and amend the Acts relating to the
Payment of Regimental Debts, and the Distribution of
the Effects of Officers and Soldiers in case of Death,
and to make like Provision for the Cases of Desertion and
Insanity, and other Cases.
[21st July 1863.]
HEREAS it is expedient to consolidate and amend the
Provisions now in force relating to the Payment of Regi-
'mental Debts, and the Distribution of the Effects of Officers and
Soldiers dying on Service, and those Provisions having been
'found beneficial, it is also expedient to make like Provision for
the Security and Application of the Effects of Deserters and
others, and of Officers and Soldiers becoming insane on Service :'
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:

Preliminary.

1. This Act may be cited as The Regimental Debts Act, 1863. 2. In this Act

The Term "Officer" means (except where it is otherwise expressed) a Commissioned Officer of Her Majesty's Army, or of Her Majesty's Indian Army :

The Term "Soldier" means (except where it is otherwise expressed) a Soldier of Her Majesty's Army, or a European Soldier of Her Majesty's Indian Army, including a Warrant and a Non-commissioned Officer :

The Term "Representation" includes Probate, and Letters of Administration, with or without Will annexed, and the corresponding Documents or Acts in use according to the Law of Scotland, or other Law in force in any Place where this Act operates :

"

The Term Representative" means any Person taking out
Representation:

The Term "the Secretary of State for War" means such One
of Her Majesty's Principal Secretaries of State for the Time
being as Her Majesty thinks fit to intrust with the Seals
of the War Department:

The Term "India" means the Territories for the Time being vested in Her Majesty under the Act of the Year 1858, "for the better Government of India :"

The Term "the Secretary of State for India in Council"
means One of Her Majesty's Principal Secretaries of State
acting with the Council of India under that Act :

The Term "Person" includes a Corporation and any Body of
Persons.

3. The Enactments described in the Schedule to this Act shall be repealed; but this Repeal shall not affect the past Operation of any such Enactment, or anything already done, or any Right,

Regimental Debts, &c.

Title, Obligation, or Liability already accrued thereunder, or any Remedy or Proceeding for the Enforcement thereof.

PART I.-DEATH ON SERVICE.

Preferential Charges.

4. Where an Officer or Soldier dies on Service, the following Definition of Classes of Expenses and Debts incurred and owing by him or on Preferential his Account shall, for the Purposes of this Act, be considered Charges on Preferential Charges on his Personal Property, and be payable Property, Military Debts, thereout in preference to all other Debts and Liabilities, and, as among themselves, in the following Order :

(1.) Expenses of last Illness and Funeral:

(2.) Military Debts, namely, Sums due in respect ofQuarters;

Mess, Band, and other Regimental Accounts;

Military Clothing, Appointments, and Equipments, not
exceeding a Sum equal to Six Months Pay of the
Deceased, and having become due within Eighteen
Months before his Death;

including Sums due to any Agent or to any Paymaster, Quar-
termaster, or other Officer, on any such Account, or on account
of any Advance made for any such Purpose:

to which shall be added, where the Death occurs out of the United Kingdom,

(3.) Servants Wages, not exceeding Two Months Wages to each Servant:

(4.) Household Expenses incurred within a Month before the Death or after the last Issue of Pay to the Deceased, whichever is the shorter Period.

5. The Surplus only of the Personal Property of an Officer or Soldier dying on Service, remaining over after Payment of Preferential Charges, shall be considered Personal Estate of the Deceased, with reference to the Calculation of Probate Duty, or of any other Tax or Per-centage, or for any of the Purposes of Administration or Distribution.

Surplus only of Personal Estate to be deemed

Personal Estate.

ment, &c. of

India by

6. If in any Case a Doubt or Difference arises as to any par- Questions ticular Expense or Debt being a Preferential Charge or not, respecting or as to any alleged Preferential Charge having been in fact Amount, Payincurred, or being due, in the whole or in part, or not, or as to Preferential the Priority among or Payment of any Preferential Charges, Charges to be where the Property is insufficient to pay all in full, or where decided by those of One Class exceed the Amount allowed for that Class, Secretary of or otherwise in relation to any Preferential Charge or the Pay- State, or in ment thereof,—the Decision of the Secretary of State for War, Military Secrewhere the Death occurs elsewhere than in India, and of the Mili- tary to Governtary Secretary to the Government of the Presidency in which the ment of PreDeceased was quartered, where the Death occurs in India, or of sidency. such Officer or Person as the Secretary of State or Military Secretary respectively deputes by Writing under his Hand to act for him in this Behalf, shall be final, and shall be binding on all Persons for all Purposes.

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