Naval Agency and Distribution Act 1864
| Jurisdiction | UK Non-devolved |
| Citation | 1864 c. 24 |
| Year | 1864 |
(27 & 28 Vict.) C A P. XXIV.
[23d June 1864]
BE 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 Short Title.
1. This Act may be cited as TheNaval Agency and Distribution Act 1864.
2 Interpretation of Terms.
2. In this Act—
The Term ‘the Lords of the Admiralty’ means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the Office of Lord High Admiral:
The Term ‘the High Court of Admiralty’ means the High Court of Admiralty ofEngland:
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.
3 Power for Admiralty to apply Act to any of Her Majesty's Ships.
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 continues in actual Service, but no longer.
Appointment of Ship's Agent.
4 Each of Her Majesty's Ships to have an 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 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 Ship's Agent to be appointed by Commanding Officer.
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.
6 Instrument of Appointment to be registered and filed.
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 any such Instrument under the Seal of the High Court of Admiralty shall be conclusive Evidence thereof.
7 Persons in Service of Crown, Proctors, &c. incapable of being Agents.
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.
8 Partnership Body may be a Ship's Agent.
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.
9 Change of Commanding Officer.
9. The Appointment of the Ship's Agent shall not be affected by a Change of the Commanding Officer of the Ship.
10 Office of Ship's 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 .
11 Ship's Agent to be amenable to High Court of Admiralty.
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.
Duties of Ship's Agent.
12 Ship's Agent to act for Ship with respect to Salvage, Bounty, Prize, &c.
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.
Distribution of Salvage, Bounty, Prize, and other Money.
13 Taxation and Payment of Costs of Officers and Crew, Agents, &c.
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.
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