[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/naada1864279.txt

[New search] [Help]

NAVAL AGENCY AND DISTRIBUTION ACT 1864

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - LONG TITLE

An Act to 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.{1}
[23rd June 1864]
Preliminary

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 1

1. This Act may be cited as "The Naval Agency and Distribution
Act, 1864."

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 2
Interpretation of terms.

2. In this Act

Definition rep. by SLR 1893

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, commanders,
and other officers, engineers, seamen, marines, soldiers, and others
on board any of Her Majesty's ships of war.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 3
Power for Admiralty to apply Act to Her Majesty's ships in actual
service, other than ships of war.

3. Any ship or vessel belonging to Her Majesty, and in actual
service, (other than a ship of war,) may be declared by 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
continues in actual service, but no longer.

Each ship to have an agent.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 4

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 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.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 5
Appointment of ship's agent.

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,
by an instrument signed and attested in the form given in the
schedule to this Act.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 6
Instrument of appointment to be registered.

6. Any such instrument shall not have effect unless and until it
is filed in the registry of the High Court of Admiralty, having
been previously registered in the office of the Accountant General
of the Navy.

An official copy of such instrument under the seal of the High
Court of Admiralty shall be conclusive evidence thereof.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 7
Official copy to be evidence.

7. A person holding any office or employment in Her Majesty's
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.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 8
Crown servants, proctors &c. disqualified.

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.

The names of the partners shall at the time of appointment, and
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.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 9
Unincorporated partnership may be ship's agent.

9. The appointment of the ship's agent shall not be affected by a
change of the commanding officer of the ship.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 10
Change of commanding officer not to affect agent.

10. The ship's agent shall at all times have an office or place
of business within five miles of the General Post Office, London.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 11
Office of ship's agent.

11. 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 shall be liable to be proceeded against and punished
accordingly.

Ship's agent to be amenable to High Court of Admiralty.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 12

12. It shall be the duty of the ship's agent, by himself or by 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 cause
or procure to be done all things, that may be necessary or proper
to be taken or done for any purpose on behalf or in the name of
the ship, or of the officers and crew thereof, or any of them, in
the several cases following:

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 engagement
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:

In case of any special service or other matter in respect whereof
any grant, reward, or remuneration is payable.

Ship's agent to act for ship with respect to salvage, bounty,
prize, &c.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 13

13. Where in any of the several cases aforesaid any money is
distributable among the officers and crew of any of Her Majesty's
ships of war, the costs, charges, and expenses of the officers and
crew and of the ship's agent, and all other (if any) costs,
charges, or expenses properly chargeable against that money, shall be
paid thereout before distribution thereof, all such costs, charges,
and expenses being first taxed and allowed by the proper officer of
the court having jurisdiction in the case, and if there is no such
court, then by the registrar of the High Court of Admiralty.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 14
Taxation and payment of costs of officers and crew, agents, &c.

14. In the several cases aforesaid, money distributable among the
officers and crew of any of Her Majesty's ships of war, so far as
full provision respecting the distribution thereof is not made by or
under any Act of Parliament other than this Act, shall be
distributed under the direction of the Admiralty in the shares in
that behalf specified in any royal proclamation or Order in Council.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 15
Distribution of salvage, bounty, and prize money.

15. The several shares of any such money as aforesaid shall be
paid to the persons entitled thereto in such manner, and subject
and 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, 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.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 16
Restriction on assignment, &c. of shares of petty officers, seamen,
&c.

16. All ... instruments, drawn, 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 service of Her Majesty..., shall be exempt
from stamp duty.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 17
Exemption from stamp duty.

17. All forfeited and unclaimed shares and balances of prize money,
and a per-centage of five pounds in every one hundred pounds out
of the proceeds of all prizes, and out of all grants to the Royal
Navy and Marines, and out of all bounty money, and also out of
all other money distributable in the several cases aforesaid among
the officers and crew of any of Her Majesty's ships of war out of
which such per-centage is at the commencement of this Act by law
deducted, shall, under the direction of the Admiralty, continue to
be carried to and to form part of the naval prize cash balance.So
much of the naval prize cash balance as the Admiralty think
expedient shall from time to time by Her Majesty's Paymaster
General, under the authority and direction of the Admiralty, be paid
and transferred to the Consolidated Fund of the United Kingdom.

In case at any time a claim in respect of prize or bounty money
is made which the naval prize cash balance is not sufficient to
meet, there shall be paid out of the said Consolidated Fund a
sufficient sum to meet such claim.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 18
Transfer of part of naval prize cash balance to Consolidated Fund.

18. A ship's agent shall be entitled, on request, and on payment
of reasonable expenses, to be furnished with copies of or extracts
from any official accounts kept under or for the purposes of this
Act in relation to any of Her Majesty' ships of war for which he
is agent.

Agent may be furnished with copies of accounts.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 19

19. Before any such money as aforesaid is distributed among the
officers and crew of any of Her Majesty's ships of war, there
shall be paid, under the direction of the Admiralty, to the ship's
agent a percentage of two and a half per centum on the net amount
actually distributable, as the sole and full remuneration of the
ship's agent for his services in the case.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 20
Agent to receive percentage of 2 per cent.

20. 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,

Apportionment of percentage where more than one ship, or on change
of agent.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 21

21. Any money for the time being awaiting distribution, but for any
reason not immediately distributable as aforesaid, may, under the
direction 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, that no such investment shall be made of any money
pending any adverse claim thereto, except with the consent of the
claimant.

Power to Admiralty to direct investment pending distribution.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 22

22. Where any question (whether in respect of asserted joint
capture, or in respect of flag shares, or in respect of any other
matter) arises concerning the distribution of any money distributable
as aforesaid, or concerning any investment thereof, actual or
intended, the High Court of Admiralty shall have exclusive
jurisdiction to hear and determine the same; and any person claiming
an interest in such money, or 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
decisions shall be final, and shall be binding on all persons
concerned.

Decision to be final.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 23

23. Nothing in this Act shall

(1)authorize a ship's agent or his sub-agent to practise or act as
a proctor, attorney, solicitor, or other legal practitioner 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 of any of such officers and crew, to take or
cause or procure to be taken any step or proceeding, 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.

S.24 rep. by SLR 1966

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 25
Saving of rights of Crown in prize causes.

25. Her Majesty in Council may from time to time make such Orders
as seem meet for the better execution of this Act.

NAVAL AGENCY AND DISTRIBUTION ACT 1864 - SECT 26
Orders in Council.

26. 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.

S.27 rep. by SLR 1893I,

Dated the day of .

A.B.Witness,

(Signed)C.D.

Section 5.