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BILL

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Provide for the Appointment, Duties, and Remuneration of Agents for Ships of War, and for the Distribution of Salvage, Bounty, Prize, and other Money among the Officers and Crews thereof.

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E 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:

Preliminary.

1. This Act may be cited as The Naval Agency and Distri- Short Title. bution Act, 1864.

2. In this Act

Interpreta

The Term "the Lords of the Admiralty" means the Lord High tion.
Admiral of the United Kingdom, or the Commissioners for
executing the Office of Lord High Admiral:

The Term "the High Court of Admiralty" means the High
Court of Admiralty of England:

The Term "Ship of War" includes Vessel of War:

The Term " Officers and Crew" includes all Flag Officers, Com-
manders, and other Officers, Engineers, Seamen, Marines, Sol-
diers, and others on board any of Her Majesty's Ships of War.

Power for Admiralty to apply Act to any of Her Majesty's Ships.

Each of Her
Majesty's
Ships to
have an
Agent.

Ship's Agent to be appointed by

3. Any Ship or Vessel belonging to Her Majesty, and in actual Service, (other than a Ship of War,) may be declared by the Lords, of the Admiralty to be a Ship of War for the Purposes of this Act; and all the Provisions of this Act shall thereupon apply to such Ship or Vessel, and shall continue to so apply as long as she then 5 continues in actual Service, but no longer.

Appointment of Ship's Agent.

4. Each of Her Majesty's Ships of War shall at all Times while in Commission have, for the Purposes of this Act, an Agent styled the Ship's Agent, to be appointed in the first instance as soon as 10 may be after the Ship is put in Commission, and afterwards from Time to Time as a Vacancy in the Office or other Occasion may require.

5. The Ship's Agent shall be appointed from Time to Time at Pleasure by the Commanding Officer of the Ship for the Time being 15 Command- by an Instrument signed and attested in the Form given in the ing Officer. Schedule to this Act.

Instrument

ment to be

یا

6. Any such Instrument shall not have effect unless and until it of Appoint- is filed in the Registry of the High Court of Admiralty, having been previously registered in the Office of the Accountant General of the 20 Navy.

registered

and filed.

Persons in Service of Crown, Proctors, &c. incapable of being Agents.

Partnership

Body may be Agent.

Change of

th

An official Copy of any such Instrument under the Seal of the High Court of Admiralty shall be conclusive Evidence thereof.

7. A Person holding any Office or Employment in Her Majesty's 25 Service or under the Crown, or a Proctor, Attorney, or Solicitor, shall not be capable of being a Ship's Agent.

If any Person being a Ship's Agent accepts any such Office or Employment, or becomes a Proctor, Attorney, or Solicitor, his Appointment as Ship's Agent shall be thereby vacated.

8. A Partnership Body, not incorporated, may be appointed a Ship's Agent; and in that Case the Partners for the Time being, or any One or more of them, may act as the Agent; and any Change of Partners shall not affect the Appointment.

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The Names of the Partners shall at the Time of Appointment, and 35 from Time to Time on any Change happening, be registered in the Office of the Accountant General of the Navy, and in the Registry of the High Court of Admiralty.

9. The Appointment of the Ship's Agent shall not be affected ing Officer. by a Change of the Commanding Officer of the Ship.

Command

10. The

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10. The Ship's Agent shall at all Times have an Office or Place Office of of Business within Five Miles of the General Post Office, London.

Duties of Ship's Agent.

Ship's Agent.

to act for

Ship with

11. It shall be the Duty of the Ship's Agent, by himself or by Ship's Agent 5 a proper Sub-Agent appointed and remunerated by him, to take or cause or procure to be taken all Steps and Proceedings, and do or respect to cause or procure to be done all Things, that may be necessary Salvage, Bounty, or proper to be taken or done for any Purpose on behalf or in the Prize, &c. Name of the Ship or of the Officers and Crew thereof, or any of 10 them, in the several Cases following:

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In case of Salvage Services rendered to any Ship or Cargo, or
otherwise, within the Meaning of the Enactments for the Time
being in force relating to Merchant Shipping:

In case of any Breach of any Law respecting National Character
or otherwise relating to Merchant Shipping:

In case of any Seizure for Breach of any Law relating to the
Customs:

In case of any Seizure or Capture under any Act relating to the
Abolition of the Slave Trade:

In case of any Matter arising out of an Attack on or Engage-
ment with Persons alleged to be Pirates, afloat or on Shore:

In case of any Capture, Re-capture, or Destruction of any Ship,
Goods, or Thing in Time of War or Hostilities:

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In case of any Special Service or other Matter in respect whereof
any Grant, Reward, or Remuneration is payable.

Ship's Agent to be amenable to High

12. The Ship's Agent shall be subject to the Jurisdiction and Authority of the High Court of Admiralty as if he were an Officer of the Court, and in case of any Neglect or Misconduct on his Part Court of Adshall be liable to be proceeded against and punished accordingly. miralty,

Distribution of Salvage, Bounty, Prize, and other Money.

13. In the several Cases aforesaid, Money distributable among Salvage, the Officers and Crew of any of Her Majesty's Ships of War, so far Bounty, as full Provision respecting the Distribution thereof is not made by other Money Prize, and or under any Act of Parliament other than this Act, shall be distributed to be distributed 35 under the Direction of the Lords of the Admiralty in such Shares according to as have been or may be specified in any Royal Proclamation or Order Order in in Council.

Council, &c.

14. The several Shares of any such Money as aforesaid shall be Payment of paid to the Persons entitled thereto in such Manner, and subject and Shares,

Exemption

Duty.

according to such Restrictions Conditions and Provisions as may from Time to Time be directed by Order in Council.

Any Assignment, Sale, or Contract of or relating to any such Money as aforesaid, payable in respect of the Services of any Petty Officer or Seaman, Non-commissioned Officer of Marines or Marine, 5 other than such as may be made or entered into under the Authority of and in conformity with any such Order in Council, shall be void.

15. All Bills, Orders, Receipts, and other Instruments drawn from Stamp given or made under the Authority or in pursuance of any such Order in Council by to or upon any Officer or Person in the 10 Service of Her Majesty or of the Lords of the Admiralty shall be exempt from Stamp Duty.

Agent to

receive Per

centage of

Remuneration of Ship's Agent.

16. Before any such Money is distributed among the Officers and Crew of any of Her Majesty's Ships of War there shall be paid, 15 2 per Cent. under the Direction of the Lords of the Admiralty, to the Ship's Agent a Per-centage of Two and a Half per Centum on the net Amount actually distributable, (after Payment of all Costs, Charges, and Expenses by Law payable out of such Money,) as the sole and full Remuneration of the Ship's Agent for his Services in the Case.

Apportionment of Per

centage

where more than One Ship, or on Change of Agent.

Power for Admiralty to direct

pending Distribution.

17. In the following Cases,

Where more than One of Her Majesty's Ships of War are entitled to participate in any such Money,

Where the Ship's Agent is changed pending Proceedings,—

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the Ship's Agent's Per-centage shall, in case of Difference, be 25
apportioned between or among the respective Agents of the several
Ships, or the several Persons having been and being the Ship's
Agent (as the Case may be) in such Manner as the Registrar of
the High Court of Admiralty may think just, having regard to the
Duration and Character of the Services of the several Agents in 30
the Case, subject to Objection to the Registrar's Award to be taken
before the Judge of the Court.

Investment of Salvage, Bounty, Prize, and other Money. 18. Any Money for the Time being awaiting Distribution, but for Reason not immediately distributable as aforesaid, may, under 35 any the Direction of the Lords of the Admiralty, be invested in or on any proper Stocks, Funds, or Securities; and the Proceeds of those Stocks, Funds, or Securities, and any Dividends or Interest accrued due thereon, shall be distributed as the Money invested would have been distributed if an Investment had not been made :

Provided,

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Provided, that no such Investment shall be made of any Money pending any adverse Claim thereto, except with the Consent of the Claimant.

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Decision as to Distribution or Investment.

relative to

19. Where any Question (whether in respect of asserted joint Power for Capture, or in respect of Flag Shares, or in respect of any other High Court of Admiralty Matter) arises concerning the Distribution of any Money distri- to decide butable as aforesaid, or concerning any Investment thereof, actual Questions or intended, the High Court of Admiralty shall have exclusive Juris- Distribution, 10 diction to hear and determine the same; and any Person claiming &c. an Interest in such Money, or the Lords of the Admiralty, may apply to the High Court of Admiralty for a Judgment on that Question; and the Court, after hearing the Parties interested, shall decide thereon, and such Decision shall be final, and shall be binding on all 15 Persons concerned.

Miscellaneous.

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20. Nothing in this Act shall—

(1.) authorize a Ship's Agent or his Sub-Agent to practise or 'Savings for
act as a Proctor, Attorney, Solicitor, or other legal Practi- Rights of
tioner in any Court; or

(2.) affect the Right or Power of the Officers and Crew of any
of Her Majesty's Ships of War as Salvors, Seizors, Captors,
Re-captors, or otherwise, or any of such Officers and Crew,
to take or cause or procure to be taken any Step or Pro-
ceeding, or do or cause or procure to be done any Thing,
that may be necessary or proper to be taken or done for
any Purpose in any Court or elsewhere, in case of the
Absence or Default of the Ship's Agent; or

(3.) affect any Right or Power of Control, or other Authority,
that Her Majesty has or may exercise in any Prize Cause
or other Proceeding.

Crown,
Captors, &c.

Saving for Appointments of

21. Nothing in this Act shall invalidate an Appointment of an Agent made before the Commencement of this Act under The Navy Prize Agents Act, 1863; but every Agent so appointed shall, from Agents 35 the Commencement of this Act, be subject to this Act as if he were appointed under it.

under Act of
1863.
26 & 27 Vict.
c. 116.

Cases.

22. With respect to any Case pending at the Commencement of Provision for this Act, in which it would be the Duty of the Ship's Agent to act pending if it had originated after the Commencement of this Act, it shall be 40 his Duty to act in relation to all Steps and Proceedings to be taken and Things to be done in and concerning the same after the Com

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