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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 shalí 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 Ďomicile 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 States : 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 succ sion 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.
ACT of the British Parliament, “to amend the Law relating to
Bankruptcy and insolvency in England ;" so far as relates to Nontraders going or remaining Abroad; to Debtors about to depart from England; the absence of Creditors in a Foreign Country; the Service of Summons out of England; the recovery of Bankrupt Property, wherever situate ; the swearing of Affidavits, &c., Abroad; the adjudication of Colonial Property; and a deduction from the Pay, Salaries, and Pensions of Bankrupts, for their Creditors.
[24 & 25 Vict., cap. 134.]
[August 6, 1861.] LXX. If any person, not being a trader, shall, with intent to defeat or delay his creditors, depart this realm, or being out of this realm shall with such intent remain abroad, or shall with such intent make any fraudulent conveyance, gift, delivery, or transfer of his real or personal estate, or any part thereof respectively, such person shall be deemed to have thereby committed an Act of Bankruptcy : provided always, that before any adjudication in bankruptcy shall be made against the debtor under this section the following rules shall be observed :
1. A copy of the petition for adjudication shall be served personally on the debtor, either within the jurisdiction, or in such place or country, or within such limits abroad, as the Court shall, upon application for that purpose, direct :
2. Such copy petition shall have endorsed thereon a memorandum, in a form to be settled by a general order, specifying the time within which the debtor is to appear on such petition ; and such time shall, when the service is to be made abroad, be the time which the Court shall think reasonable, having regard to the place or country where the service is to be made :
3. In no case shall the time for appearance be less than 30 days after service:
4. If such personal service has not been effected. the Court must be satisfied that every reasonable effort was made to effect the same, and that the attempts to serve such petition came to the knowledge of the debtor and were defeated by his conduct :
5. If at the expiration of the time limited for appearance the Court shall on the hearing of such petition be satisfied that an Act of Bankruptcy has been committed within the meaning of this section, it may adjudge such debtor to be a bankrupt :
Provided always, that no non-trader, who shall be abroad at the time of the passing of this Act, shall be deemed to remain abroad with intent to defeat or delay his creditors until the expiration of 6 months after the passing of this Act.
LXXVIII. The judgment debtor summons shall, unless the Court shall in any case otherwise direct, issue according to the following rules :
Where the debtor is in England, then out of the Court of Bankruptcy for the district in which the debtor usually lives, or at the time of the issuing of the summons happens to be:
Where the debtor is not in England, then out of the Court of Bankruptcy for the district in which is the debtor's usual or last named place of abode in England.
LXŠIX. Where the debtor is in England the summons shall be served personally, unless the Court issuing the same shall in any case direct that service in some other manner shall be good service: Where the debtor is not in England, the Court, upon such evidence as shall satisfy it that the service will be effectual to give notice to the debtor, may order service to be made in such manner and form as it shall deem fit, and shall appoint a time by such order for the appearance of the debtor.
CXXVII. The creditors' assignee shall manage, and, except as herein provided, realize and recover the estate belonging to the bankrupt, wherein situated, and convert the same into money, and he shall pay all moneys not necessarily retained for current expenses, all Exchequer Bills, India Bonds, and all other public securities, and all bills, notes, and negotiable instruments belonging to the estate, forthwith upon receipt thereof, into the Bank of England, to the account of the accountant in bankruptcy, unless in the case of any adjudication in a county district there shall be no branch of the Bank of England in the locality, and then into such bank as the Court shall direct, to the credit of an account to be opened in such bank by such assignee in his official character.
CXXXIV.TheCourt mayorder such portion of the pay, half-pay, salary, emolument, or pension of any bankrupt as, on communication from the Court, the Secretary of State for War, or the Secretary of State for India, or the Lords Commissioners of the Admiralty, or the Commissioners of the Customs or Excise, or the Chief Officer of the Department to which such bankrupt may belong or may have belonged, or under which such pay, half-pay, salary, emolument, or pension may be enjoyed by such bankrupt, may officially sanction to be paid to the assignees, to be applied in payment of the debts of such bankrupt; and such order and sanction being lodged in the office of Her Majesty's Paymaster-General, or of the Secretary of State for India, or of any other officer or person appointed to pay or paying any such pay, half-pay, salary, emolument, or pension, such portion of the said pay, half-pay, salary, emolument, or pension as shall be specified in such order and sanction shall be paid to such assignees until the Court shall make order to the contrary.
CXCIV. Every deed, instrument, or agreement whatsoever, by which a debtor, not being a bankrupt, conveys a covenant or agrees to convey his estate and effects, or the principal part thereof for the benefit of his creditors, to make any arrangement or