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during the Continuance thereof; and every such Order shall subject the Offender to be so imprisoned.

VIII. ' And whereas by the aforesaid Act of the Fifth Year of • His Majesty's (a) Reign Power is given to His Majesty to appoint 'a Superintendent of Places of Confinement within England and • Wales, and Power also to appoint One fit and able Person to be Assistant or Deputy of such Superintendent, at One or more of • the same Places of Confinement; and by the said Act power is out of England. also given to remove Male Offenders convicted in Great Britain,

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and being under Sentence or Order of Transportation, and to ' confine such Offenders at Land or on board any Vessel to be provided by His Majesty within the Limits of any Port or Harbour in any Part of His Majesty's Dominions out of England ' named in any Order in Council, under the Management of the said Superintendent, and of an Overseer to be appointed by His Majesty for each such Vessel or other Place of Confinement: And whereas it is expedient that Power should be given to His Majesty to appoint an Assistant or Deputy to the said Superintendent, in any such Part of His Majesty's Dominions out of England;' Be it therefore enacted, That it shall be lawful for. His Majesty, in case it shall be deemed expedient, to appoint a fit and able Person to be Assistant or Deputy to such Superintendent, at any such Place of Confinement out of England named in any Order in Council as aforesaid, to be constantly resident at or near the Place to which he shall be appointed.

.

(a) See 1 W. 4. c.71.

Power to

appoint an Assistant or Deputy to the Superintendent at Places of Confinement

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CA P. XL.

An Act for making better Provision for the Disposal of the undisposed of Residues of the Effects of Testators.

[16th July 1830.]

After 1st Sept. WHEREAS Testators by their Wills frequently appoint

Executors, without making any express

1830,Executors deemed to be Trustees for Persons entitled

to any Residue

under the

،

Statute of Dis-Residue for their own Use, unless it appears to have been their tributions, un• Testator's Intention to exclude them from the beneficial Interest less otherwise directed by therein, in which Case they are held to be Trustees for the PerWill. son or Persons (if any) who would be entitled to such Estate under the Statute of Distributions, if the Testator has died Intestate: And whereas it is desirable that the Law should be extended in that respect;' Be it therefore enacted by the King'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, That when any Person shall die, after the First Day of September next after the passing of this Act, having by his or her Will, or any Codicil or Codicils thereto, appointed any Person or Persons to be his or her Executor or Executors, such Executor or Executors shall be deemed

by

• the Residue of their Personal Estate: And whereas Executors

6

so appointed become by Law entitled to the whole Residue of such Personal Estate; and Courts of Equity have so far followed the Law as to hold such Executors to be entitled to retain such

by Courts of Equity to be a Trustee or Trustees for the Person
or Persons (if any) who would be entitled to the Estate under
the Statute of Distributions, in respect of any Residue not ex-
pressly disposed of, unless it shall appear by the Will, or any
Codicil thereto, the Person or Persons so appointed Executor or
Executors was or were intended to take such Residue beneficially.
II. Provided also, and be it further enacted, That nothing
herein contained shall affect or prejudice any Right to which any
Executor, if this Act had not been passed, would have been en-
titled, in Cases where there is not any Person who would be
entitled to the Testator's Estate under the Statute of Distribu- Residue.
tions, in respect of any Residue not expressly disposed of.

Not to affect
Rights of Exe-

cutors where
no Person en-
titled to the

III. Provided always, and be it further enacted, That nothing Not to extend herein contained shall extend to that Part of the United Kingdom to Scotland. called Scotland.

CA P. XLI.

An Act to make further Regulations with respect to Army
Pensions.
[16th July 1830.]

WH

HEREAS an Act was passed in the Seventh Year of the Reign of His late Majesty King George the Fourth, intituled An Act to consolidate and amend several Acts relating to the 7 G. 4. c. 16. Royal Hospitals for Soldiers at Chelsea and Kilmainham: And whereas another Act was passed in the said Seventh Year of the Reign of His said late Majesty, intituled An Act to amend an 7 G. 4. c.31. · Act passed in the Fifty-second Year of the Reign of His late Majesty King George the Third, so far as the same relates to the

• retired Allowances of Quartermasters of Cavalry and Infantry : And whereas another Act was passed in the Tenth Year of the ‹ Reign of His said late Majesty, intituled An Act for transferring. 10 G. 4. c. 26. the Management of Greenwich Out-Pensions, and certain Duties. in Matters of Prize, to the Treasurer of the Navy And whereas it is expedient to make further Regulations with respect to Pensions;' Be it enacted by the King'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, That so much of the said Act, intituled An Act to consolidate and amend several Acts relating to the Royal Hospitals for Soldiers at Chelsea and Kilmainham, as enacts that it shall be lawful for the said Commissioners of the said Hospital at Chelsea to give to any Soldier, not being a Native of the United Kingdom, who may have been or may be discharged, and may be entitled to any Out-Pension or Allowance from the said Hospital at Chelsea, by reason of Service or having become invalid or disabled, and shall be desirous of living out of England, and who may be recommended for that Purpose by any Order of His Majesty, to be signified to the said Commissioners by His Majesty's Secretary at War, such Sum of Money in gross, in lieu of such Annual Pension or Allowance, as may be directed by the Secretary at War, with the Approbation of the Commissioners of His Majesty's Treasury, in that Behalf, any thing contained in this or any other Act or Acts to the contrary notwithstanding; and also so much of the said Act as enacts that it 11 GEO. IV. & 1 GUL. IV. T

shall

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Certain Parts of the Act of

7 G. 4. c. 16, repealed.

shall and may be lawful for the said Commissioners of the said Hospital at Chelsea, upon all Applications to be hereafter made to them by any Person or Persons claiming on account of their Services in His Majesty's Army, to give Pensions to such Person or Persons, in their Discretion, according to their Length of Service, allowing in the Apportionment of such Pensions all such Time as the said Person or Persons shall have served (previously to his entering into His Majesty's Army) either as a Petty Officer, Seaman, or Landman in His Majesty's Fleet, or as a Non-commissioned Officer or Private Marine; and also so much of the said Act as enacts that it shall be lawful for the said Commissioners of the said Hospital at Chelsea to authorize the Agent for Pensions, or other proper Officer, to pay to any Person or Persons who shall prove him, her, or themselves, to the Satisfaction of such Commissioners or of the said proper Officer, to be the next of Kin or legal Representative or otherwise legally entitled to any Pension Money due to any deceased Pensioner, not exceeding Twenty Pounds, although such Person shall not have taken out Letters of Administration or have procured Probate of any Will of such deceased Pensioner or Officer; and also so 10 G. 4. c. 26. much of the said Act, intituled An Act for transferring the Management of Greenwich Out-Pensions, and certain Duties in Matters of Prize, to the Treasurer of the Navy, as declares that it shall be lawful for the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, for the Time being, in his and their Discretion, upon Applications to be hereafter made to him or them by any Person or Persons claiming Pensions on account of the Services of such Person or Persons in His Majesty's Navy, to allow in the Apportionment of such Pension so much of the Time as the said Person or Persons shall have served (previously to his or their entering into His Majesty's Navy) either as a Noncommissioned Officer or Private in His Majesty's Army; and also the whole of the said Act, intituled An Act to amend an Act passed in the Fifty-second Year of the Reign of His late Majesty King George the Third, so far as the same relates to the retired Allowances of Quartermasters of Cavalry and Infantry, shall be and the same are hereby repealed.

II. And be it enacted, That the Lords and others, Commissioners of the Royal Hospital for Soldiers at Chelsea in the County of Middlesex, may and shall give to any Non-commissioned Officer or Soldier entitled to Out- Pension from the said Royal Hospital, who shall be desirous of living out of Great Britain and Ireland, and who shall be recommended for that Purpose by any Order of His Majesty, signified to the said Commissioners by the Secretary at War, a Sum of Money not exceeding in Amount Four Years Pension, as a Commutation or Equivalent in gross for all annual Pension to which such Non-commissioned Officer or Soldier might otherwise be entitled; and the Money so to be paid as an Equivalent or Commutation for Pension shall be paid out of any Money voted for or applicable to the Payment of Pensions under the Management of the said Commissioners of Chelsea Hospital; and the Receipt of the Person receiving such Commutation or Equivalent, or other Proof of his having accepted an Equivalent or Commutation in gross in lieu of

such

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7 G. 4. c. 31.

Power to commute the an. nual Pension of Persons desirous of living out of Great Britain

and Ireland.

How Commutation Money to be paid.

All Claim for annual Pension to cease

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such annual Pension, shall be a full Discharge for the Sum so after Commupaid, and shall be a Release and Abandonment of all Claims to tation. any future or other Payment of Pension whatsoever.

III. And be it enacted, That from and after the passing of this Act it shall be lawful for the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, for the Time being, in his or their Discretion, with respect to the granting of Naval Pensions, to allow to any Non-commissioned Officer or Soldier who shall have entered into the Royal Marines his previous Service as a Non-commissioned Officer or Soldier in His Majesty's Army, in reckoning his Claim for Naval Pension, and also to allow to any Non-commissioned Officer, Petty Officer, or Seaman of His Majesty's Navy his previous Service as a Marine, in reckoning his Claim for Pension; and it shall be lawful for the said Commissioners of Chelsea Hospital, in their Discretion, with respect to the granting of Army Pensions, to allow to any Noncommissioned Officer or Soldier of His Majesty's Army his previous Service as a Marine in reckoning his Claim for Pension; provided that such previous Service, and the Cause of Discharge from such Service, shall be declared and verified and recorded at the Time the said Persons shall respectively enter into His Majesty's Army or Navy or Marines.

IV. And be it enacted, That it shall be lawful for the said Commissioners of Chelsea Hospital, with the Consent of the Secretary at War, in all Cases in which it may be deemed expedient, to restore any Non-commissioned Officer or Soldier who shall have been convicted of Felony, and thereby forfeited his Pension, either to his original Pension or to any less Rate of Pension.

T 2

V. And be it further enacted, That it shall be lawful for the said Commissioners of the said Hospital at Chelsea, with respect to Pension or Prize Money, and for the Secretary at War of his own proper Authority, with respect to Pay, to authorize the Agent for Pensions, or other proper Officer charged with the tion. Payment thereof, to pay to any Person or Persons who shall prove him, her, or themselves, to the Satisfaction of such Commissioners, with respect to Pension and Prize Money, or of the Secretary at War, with respect to Pay, to be the next of Kin or legal Representative or otherwise legally entitled to any Pension or Prize Money or Pay due to any deceased Officer, Non-commissioned Officer, Soldier, or Pensioner, such Pension, Prize Money, or Pay, provided the same does not exceed Fifty Pounds, although the Person so entitled shall not have taken out Letters of Administration, or have procured Probate of any Will, of such deceased Officer, Non-commissioned Officer, Soldier, or Pensioner.

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VI. And be it enacted, That nothing in this Act contained shall revive or give Force or Effect to any Act or Parts of any Act which was or were repealed by the said herein-before last-recited and hereby repealed Act of the Seventh Year of His late Majesty.

CAP.

In granting
Pensions to
Seamen or Sol-

diers, Service as a Marine may in certain Cases be allowed to reckon.

Persons convicted of Felony may be Pension.

restored to

Sums not exceeding 501. may be paid of Administra

without Letters

Repeal of the 7 G. 4. c. 31. not to revive any other Act.

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Repeal of the following Acts;

viz.

25 G. 3. c. 31. 47 G. 3. c. 56.

48 G. 3. c. 8.

WH

HEREAS it is become expedient to revise, amend, and reduce into One Act the Laws relating to the Office of 'Treasurer of His Majesty's Navy;' Be it therefore enacted by the King'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, That from and after the Thirty-first Day of December One thousand eight hundred and thirty, an Act passed in the Twentyfifth Year of the Reign of His late Majesty King George the. Third, intituled An Act for better regulating the Office of the Treasurer of His Majesty's Navy; and also an Act passed in the Forty-seventh Year of His said late Majesty, intituled An Act for the further regulating the Office of Treasurer of His Majesty's Navy; and also an Act passed in the Forty-eighth Year of His said late Majesty, intituled An Act to amend an Act of the Twenty-fifth Year of His present Majesty, for better regulating the Office of the Treasurer of His Majesty's Navy; and also an Act passed in the Fifty-seventh Year of the Reign of His said late 57 G. 3. c.112. Majesty, intituled An Act to amend an Act of the Twenty-fifth Year

j

of the Reign of His present Majesty, for better regulating the Office
of Treasurer of His Majesty's Navy, as far as respects the Mode
of Applications for certain Services in the Victualling Department 3.
and also an Act of the First and Second Years of the Reign of
His late Majesty King George the Fourth, intituled An Act to
repeal an Act passed in the Fifty-seventh Year of His late Majesty
King George the Third, for regulating Payments to the Treasurer
of the Navy, under the Heads of Old Stores, and Imprests, and to
make other Provisions in lieu thereof; shall be, and the same are
hereby repealed: Provided always nevertheless, that all Acts,
Matters, and Things done previously to the Commencement of
this Act, in pursuance of any of the said Acts hereby repealed,
shall be good, valid, and effectual; and all Offences committed
before the passing of this Act, against the Provisions of the said
Acts so repealed, shall be cognizable and punishable under the
same, as if they had not been repealed; and provided also, that
the Repeal of the said Acts shall not extend to revive the Pro-
visions of any Acts which were altered or repealed by any of
the said Acts so hereby repealed.

t

.

1 & 2 G. 4. c. 74.

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Manner of proceeding when the Trea

surer of the Nayy requires Money for the Services of the Navy and Victualling Departments.

CA P. XLII. '

An Act to consolidate and amend the several Acts relating to
the Office of Treasurer of His Majesty's Navy.

[16th July 1830.]

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II. And be it further enacted, That from and after the said, Thirty-first Day of December, the Treasurer of His Majesty's Navy for the Time being, in all Memorials to be by him presented to the Treasury for Money for the Services of the Navy and Victualling Departments, which Money is to be solicited by the Navy, Board, shall pray that the requisite Amount may be issued to the Governor and Company of the Bank of England on his Account, and shall transmit with each Memorial a Čopy of the Letter or Letters of the Commissioners of the Navy requiring him to apply for the same; and in such Letters the said Commissioners shall

and

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