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NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - LONG TITLE

An Act to regulate the Disposal of Money and Effects under the
Control of the Admiralty, belonging to deceased Officers, Seamen, and
Marines of the Royal Navy and Marines, and other Persons.{1}
[5th July 1865]
Short title.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 1

1. This Act may be cited as "The Navy and Marines (Property of
Deceased) Act, 1865."

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 2
Interpretation of terms.

2. In this Act

Definition rep. by SLR 1893

The term "officer" means a commissioned, ... officer ..., in Her
Majesty's naval or marine force:

The term "seaman or marine" means a [warrant officer], petty officer
or seaman, [warrant or] non-commissioned officer of marines, or
marine, or other person forming part, in any capacity, of the
complement of any of Her Majesty's vessels, or otherwise belonging
to Her Majesty's naval or marine force (not being an officer within
the meaning of this Act), or a [warrant officer], petty officer or
man of the Royal Naval Reserve ...:

The term "representation" includes probate and letters of
administration, with or without will annexed:

The term "representative" means any person taking out representation:

The term "person" includes a corporation.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 3
Residue belonging to deceased officers, seamen or marines.

3. On the death of any person being or having been an officer,
seaman, or marine, the amount (if any) to the credit of the
deceased in the books of the Admiralty, in respect of sale of
effects, arrears of pay, wages, prize money, bounty money, grants,
or other allowances in the nature thereof, or other money payable
by the Admiralty (which amount is hereafter in this Act, with
reference to every such case, called the residue), shall be disposed
of according to the provisions of this Act.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 4
Disposal of residue belonging to deceased persons in civil service
of Navy.

4. On the death of any person being or having been employed in
any of Her Majesty's dockyards or other naval establishment, or in
any of the civil departments of the Navy, or entitled to an
allowance from the Compassionate Fund, or of any widow entitled to
a pension on the establishment of the Navy, the amount (if any)
due by the Admiralty (which amount is hereafter in this Act, with
reference to every such case, called the residue), shall be disposed
of according to the provisions of this Act.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 5
Residue exceeding #1,500.

5. Where the residue exceeds [#1,500], the Admiralty shall dispose
thereof by paying it to the representative of the deceased.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 6
Residue not exceding #1,500 if representation taken out.

6. Where the residue does not exceed [#1,500], it shall not be
necessary for any purpose that representation to the deceased be
taken out; but in any case the Admiralty may, if they think fit,
require representation to be taken out, and, if on that requisition
or otherwise, representation is taken out, then the Admiralty shall
dispose of the residue by paying it to the representative.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 7
Power to require certificate, &c. before representation.

7. In the case, nevertheless, of a seaman or marine, the Admiralty
shall not be bound to pay the residue (whatever be its amount) to
the representative of the deceased, if representation has been taken
out either by a creditor as such, or by any person without such
certificate respecting the title to representation having been first
obtained from the Admiralty, or such other regulations or conditions
having been duly observed or performed, as is or are prescribed by
Order in Council; and in any such case the Admiralty shall dispose
of the residue in pursuance of this Act as if representation had
not been taken out.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 8
Disposal of residue not exceeding #1,500, where representation is not
taken out.

8. Where the residue does not exceed [#1,500], and representation is
not taken out, then, subject to the other provisions of this Act,
the Admiralty shall, as soon as may be, dispose of the residue as
follows:

(1)They shall, if they think fit, pay the residue to any person
showing herself or himself to their satisfaction to be entitled to
take out representation to the deceased (otherwise than as a
creditor)to the end that the residue may be applied by the person
to whom it is so paid in a due course of administration; and the
same shall be so applied accordingly (for which application the
Admiralty may require such security as they think fit):

(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.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 9
Admiralty not bound to pay to nominee of representative.

9. In the case of a seaman or marine, the Admiralty shall not pay
the residue or any part thereof to any nominee of the
representative of the deceased, or of a person 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.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 10
Admiralty not to dispose of residue for three months, &c.

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 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.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 11
Provision for payment of debts out of residue.

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:

Fourth.That six months have elapsed from the receipt by the
Admiralty of notice of the death, and no person has shown herself
or himself to the satisfaction of the Admiralty to be entitled to
take out representation to the deceased.

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.

S.12 rep. by SLR 1893

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 13
Provision as to unsold effects, &c.

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.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 14
Disposal of medals and decorations.

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.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 15
Exemptions from probate duty, &c.

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 ...; but
this provision shall not affect any exemption from duty existing
independently hereof.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 16
Validity of payments, sales, &c. under this Act.

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 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.

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 17
Orders in Council.

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

NAVY AND MARINES (PROPERTY OF DECEASED) ACT 1865 - SECT 18
Publication, &c. of Orders in Council.

18. 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.19 rep. by SLR 1893






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URL: http://www.bailii.org/nie/legis/num_act/namoda1865349.txt