A BILL ΤΟ 5. 10 15 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. B 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. The Term "the High Court of Admiralty" means the High The Term "Ship of War" includes Vessel of War: The Term " Officers and Crew" includes all Flag Officers, Com- Power for Admiralty to apply Act to any of Her Majesty's Ships. Each of Her 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. 30 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 40 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: 15 20 25 30 In case of Salvage Services rendered to any Ship or Cargo, or In case of any Breach of any Law respecting National Character In case of any Seizure for Breach of any Law relating to the In case of any Seizure or Capture under any Act relating to the In case of any Matter arising out of an Attack on or Engage- In case of any Capture, Re-capture, or Destruction of any Ship, T In case of any Special Service or other Matter in respect whereof 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,— 20 the Ship's Agent's Per-centage shall, in case of Difference, be 25 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, 40 Provided, that no such Investment shall be made of any Money pending any adverse Claim thereto, except with the Consent of the Claimant. 5 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. 20 25 30 20. Nothing in this Act shall— (1.) authorize a Ship's Agent or his Sub-Agent to practise or 'Savings for (2.) affect the Right or Power of the Officers and Crew of any (3.) affect any Right or Power of Control, or other Authority, Crown, 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 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 |