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LIX. Every Judge-Advocate, or person officiating as JudgeAdvocate, shall transmit, with as much expedition as may be, the original proceedings and sentence of every Court-martial attended by him to the Commander-in-Chief or senior officer, who shall transmit them to the Secretary of the Admiralty for the time being, and any person tried by a Court-martial shall be entitled, on demand, to a copy of such proceedings and sentence, at any time not sooner than 6 months after the trial, if the same takes place in the Mediterranean, 3 months if at any other naval station within Europe, and 12 months if elsewhere, upon payment for the same at the rate of 4 pence per folio of 72 words, but no such demand shall be allowed after the space of 3 years from the date of the final decision of such Court-martial.
PART V.-PENAL SERVITUDE AND Prisons. LXI. When any sentence of death shall have been commuted for penal servitude, or when any person subject to this Act shall have been condemned to penal servitude, it shall be lawful for the Admiralty, or any Commander-in-Chief on any Foreign Station, or the commanding officer of the ship to which such person belongs or has belonged, to cause him to be detained and conveyed to any one of Her Majesty's ships, or any gaol or prison, there to remain in safe custody until he is removed therefrom by the order of the Admiralty, or any such Commander-in-Chief or other due authority, or under an order for his penal servitude, to be made by some Justice of the Queen's Bench or Common Pleas or Baron of the Exchequer as aforesaid, and a certificate of his sentence (such certificate to be signed by the Secretary of the Admiralty, or by any such Commander-in-Chief, or such commanding officer), shall be a sufficient authority to the commanding officer of the ship to which he may be sent, or to the governor, keeper, or superintendent of the goal or prison, to receive and detain him.
LXIV. Every term of penal servitude or of imprisonment in pursuance of this Act shall be reckoned as commencing on the day on which the sentence was awarded, and the place of imprisonment, whether the imprisonment was awarded as an original or as a commuted punishment, shall be such place as may be appointed by the Court or the commanding officer awarding the punishment, or which may from time to time be appointed by the Admiralty, or by the Commander-in-Chief on any Foreign Station, and may be one of the naval prisons appointed under this Act, or any common gaol, house of correction, or military prison within Her Majesty's dominions.
LXVII. Whenever any prisoner is undergoing imprisonment in pursuance of this Act, it shall be lawful for the Admiralty, or any Commander-in-Chief on any Foreign Station, or where an offender has been imprisoned by order of his commanding officer, for such commanding officer, or the Admiralty or any such Com
mander-in-Chief, to give an order in writing directing that the prisoner be discharged ; and it shall also be lawful for the Admi. ralty or any such Commander-in-Chief, and any officer commanding any of Her Majesty's ships, by order in writing, to direct that any such prisoner be delivered over to naval custody for the purpose of being brought before a Court-martial, either as a witness, or for trial or otherwise, and such prisoner shall accordingly, on the production of any such order, be discharged, or be delivered over to such custody.
LXX. The Admiralty may set apart any buildings or vessels, or any parts thereof, as naval prisons, and any buildings or vessels, or parts of buildings or vessels, so set apart, shall be deemed to be naval prisons within the meaning of this Act, and all powers and authorities with respect to county gaols or houses of correction, which now are, or which may hereafter be, vested in any of Her Majesty's Principal Secretaries of State, shall, with respect to all such naval prisons, belong to the Admiralty ; and it shall be lawful for the Admiralty from time to time to make, alter, and repeal Regulations for the government and superintendence of any such naval prison, and of the officers and servants thereof, and of offenders confined therein, and from time to time to appoint inspectors and all other necessary officers and servants for any such naval prison, and, as occasion may arise, to remove the inspectors, officers, or servants of any such naval prison; and the senior officer at any port or place, or on any station, where there may be any such naval prison, or such senior officer and such other person and
persons as the Admiralty may from time to time appoint, shall be a visitor or visitors of such prison ; and every inspector, visitor, or officer, having the charge or command of any such naval prison respectively, shall, subject to such rules and regulations as may from time to time be made as aforesaid, have and exercise, in respect of such prison, and of the officers and servants thereof, and of the prisoners confined therein, all the powers and authorities, as well in respect of administering oaths as otherwise, which any inspector, visiting justice, or governor of a county gaol or house of correction may respectively exercise as such.
PART VI.-SUPPLEMENTAL PROVISIONS. LXXIV. This Act may be cited for all purposes as “The Naval Discipline Act, 1861."
LXXV. This Act shall be in force within the United Kingdom ; and as regards the United Kingdom, “ The Naval Discipline Act, 1860,"* shall be repealed from and after 1 calendar month from the passing hereof; and as regards elsewhere, this Act shall be in force, and " The Naval Discipline Act, 1860,” shall be repealed, from and after 4 calendar months from the passing hereof.
* See Page 267.
LXXVII. Every person in or belonging to Her Majesty's Navy, and borne on the books of any one of Her Majesty's ships in commission, shall be subject to this Act; and all other persons hereby made liable thereto, and all spies, shall be triable and punishable under the provisions of this Act.
LXXVIII, Her Majesty's Land Forces, when embarked on board any of Her Majesty's ships, shall be subject to the provisions of this Act, to such extent and under such regulations as Her Majesty, her heirs and successors, by any Order or Orders in Council, shall at any time or times direct.
LXXIX. All other persons ordered to be received or being passengers on board any of Her Majesty's ships shall be deemed to be persons subject to this Act, under such regulations as the Admiralty may from time to time direct.
LXXX. When any one of Her Majesty's ships shall be wrecked or lost or destroyed, or taken by the enemy, such ship shall, for the purposes of this Act, be deemed to remain in commission until her crew shall be regularly removed into some other of Her Majesty's ships of war, or until a Court-martial shall have been held, pursuant to the custom of the navy in such cases, to inquire into the cause of the wreck, loss, destruction, or capture of the said ship.
LXXXIV. When any ship of Her Majesty shall be wrecked, lost, or otherwise destroyed, or taken by the enemy, if it shall appear by the sentence of a Court-martial that the crews of such ship did, in the case of a ship wrecked or lost, do their utmost to save her or get her off, and in the case of a ship taken by the enemy did their utmost to defend themselves, and that they have, since the wreck, destruction, loss, or capture of such ship, behaved themselves well, and been obedient to their officers, then all the pay of such crews, or of such portions of such crews, as have behaved themselves well, and been obedient to their officers, shall be continued until the time of their being discharged or removed into other ships of Her Majesty, or dying.
LXXXV. If the ship of any officer ordered to command any 2 or more of Her Majesty's ships shall be wrecked, lost, or otherwise destroyed, such officer shall continue in the command of any ship or ships which at the time of his ship being wrecked, lost, or destroyed was or were under his command, and it shall be lawful for such officer to order the surviving officers and crew of the wrecked, lost, or destroyed ship to join any other ship under his command, or to distribute them among the other ships under his command, if more than 1, and such officer shall, until he meets with some other officer senior to himself, have the same power and authority in all respects as if his ship had not been wrecked, lost, or destroyed.
ACT of the British Parliament “ to amend the Law in relation to
the Wills and Domicile of British Subjects dying whilst resident abroad, and of Foreign Subjects dying whilst resident within Her Majesty's Dominions."
[24 & 25 Vict., cap. 121.]
[August 6, 1861.] WHEREAS by reason of the present Law of Domicile the wills of British subjects dying whilst resident Abroad are often defeated, and their personal property administered in a manner contrary to their expectations and belief; and it is desirable to amend such law, but the same cannot be effectually done without the consent and concurrence of Foreign Stutes : 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 authority of the same, as follows:
I. Whenever Her Majesty shall by Convention with any Foreign State agree that provisions to the effect of the enactments herein contained shall be applicable to the subjects of Her Majesty and of such Foreign State respectively, it shall be lawful for Her Majesty by any Order in Council to direct, and it is hereby enacted, that from and after the publication of such Order in the London Gazette no British subject resident at the time of his or her death in the Foreign Country named in such Order shall be deemed under any circumstances to have acquired a domicile in such country unless such British subject shall have been resident in such country for 1 year immediately preceding his or her decease, and shall also have made and deposited in a public office of such Foreign Country (such office to be named in the Order in Council) a declaration in writing of his or her intention to become domiciled in such Foreign Country; and every British subject dying resident in such Foreign Country, but without having so resided and made such declaration as aforesaid, shall be deemed for all purposes of testate or intestate succession as to moveables to retain the domicile he or she possessed at the time of his or her going to reside in such Foreign Country as aforesaid.
II. After any such Convention as aforesaid shall have been entered into by Her Majesty with any Foreign State it shall be lawful for Her Majesty by Order in Council to direct, and from and after the publication of such Order in the London Gazette it shall be and is hereby enacted, that no subject of any such Foreign Country who at the time of his or her death shall be resident in any part of Great Britain or Ireland shall be deemed under any circumstances to have acquired a domicile therein, unless such Foreign Subject shall have been resident within Great Britain or Ireland for 1 year immediately preceding his or her decease, and shall also have signed, and deposited with Her Majesty's Secretary of State for the Home Department, a declaration in writing of his
or her desire to become and be domiciled in England, Scotland, or Ireland, and that the law of the place of such domicile shall regulate his or her moveable succession. III. This Act shall not apply to any Foreigners who may
have obtained letters of naturalization in any part of Her Majesty's dominions.
IV. Whenever a Convention shall be made between Her Majesty and any Foreign State, whereby Her Majesty's Consuls or Vice-Consuls in such Foreign State shall receive the same or the like powers and authorities as are hereinafter expressed, it shall be lawful for Her Majesty by Order in Council to direct, and from and after the publication of such Order in the London Gazette it shall be and is hereby enacted, that whenever any subject of such Foreign State shall die within the dominions of Her Majesty, and there shall be no person present at the time of such death who shall be rightfully entitled to administer to the estate of such deceased
person, it shall be lawful for the Consul, Vice-Consul, or Consular Agent of such Foreign State within that part of Her Majesty's dominions where such Foreign Subject shall die, to take possession and have the custody of the personal property of the deceased, and to apply the same in payment of his or her debts and funeral expenses, and to retain the surplus for the benefit of the persons entitled thereto; but such Consul, Vice-Consul, or Consular Agent shall immediately apply for and shall be entitled to obtain from the proper Court letters of Administration of the effects of such deceased persons, limited in such manner and for such time as to such Court shall seem fit.
ACT of the British Parliament, to amend the Law relating to the
drainage of Land in England for Agricultural Purposes ;" so far as relates to the absence of Owners from the United Kingdom.
[24 & 25 Vict., cap. 133.]
[August 6, 1861.] PART 1.—COMMISSIONS OF SEWERS.
Assignment of New Limits. Legal Proceedings. XLIV. EXCEPT where a special mode of service is provided by this Act, all notices required to be served by the Commissioners upon any proprietor or owner of lands shall either be served personally on such parties, or be left at their last usual place of abode, if any such can after diligent inquiry be found, but in case any such parties are absent from the United Kingdom, and their last usual place of abode cannot be found after diligent inquiry, such notices shall be left with the occupier of such lands, or if there be no such occupier, shall be affixed upon some conspicuous part of such lands.