in the Order described for an absolute Estate in Fee Simple, in trust for Her Majesty, Her Heirs and Successors, for the Public Service in the Order mentioned. Council. 2. Where, under the said Section, any Order in Council is Effect of future made after the passing of this Act, whereby any Hereditaments Orders in are expressed to be transferred to any Body or Persons for any Public Service, the Hereditaments in the Order comprised shall by virtue of the Order and of this Act be vested, to all Intents, at Law and in Equity, in the Body or Persons to whom the Transfer is expressed to be made, for the Estate or Interest for which the same are in the Order expressed to be transferred, to be held by the Body or Persons aforesaid in trust for Her Majesty, Her Heirs and Successors, for the Public Service in the Order mentioned. Persons. 3. Nothing in this Act shall affect any Estate, Interest, Saving of Right, or Claim in or to any Land or Hereditaments comprised Rights of all in any such Order, made or to be made, other than such Estate, Interest, Right, or Claim as at the Time of the making of the Order was or is had therein or thereto by or in trust for Her Majesty, Her Heirs and Successors. this Act to be 4. Any Land or Hereditaments vested under this Act in the Land, &c. Lord High Admiral of the United Kingdom, or the Commis- vested under sioners for executing his Office, shall so vest and shall be held held accordand used subject and according to the Provisions of The ing to Admiralty Lands and Works Act, 1864, as if the same had 27 & 28 Vict. been purchased or taken by Agreement under that Act. c. 57. 5. This Act may be cited as "The Defence Act Amendment Short Title. Act, 1864." CAP. XC. An Act to amend an Act of the present Session, Chapter WHEREAS by an Act passed in the present Session of 27 & 28 Vict Parliament, Chapter Eighteen, certain Stamp Duties are granted and imposed for and upon any Letter or Power of Attorney for the Sale, Transfer, or Acceptance of any of the • Government or Parliamentary Stocks or Funds, and also for and upon any Letter or Power of Attorney for the Receipt ' of Dividends of any such Stocks or Funds; and Doubts ⚫ have arisen whether both the said Duties may not be chargeable upon one and the same Instrument:' 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: c. 18. how to be 1. No Letter or Power of Attorney made for the Sale, Letters of Transfer, or Acceptance of any of the Government or Parlia- Attorney, &c. mentary Stocks or Funds, and duly stamped in that Behalf, charged with shall be chargeable with any further or other Stamp Duty by Stamp Duty. U u 3 reason As to Letters Interest of may be paid to Short Title. Extent of Act. Interpretation of Terms. 25 & 26 Vict. c. 64. repealed as to future Offences. Marks in Schedule appropriated for Her Majesty's Naval reason of its containing therein any Authority for the Receipt of Dividends on any such Stocks or Funds. 2. 'And whereas Doubts have arisen as to whether certain 'Letters or Writings herein-after described are chargeable with Stamp Duty as Letters or Powers of Attorney:' Be it enacted, That no Letter or other Writing under Hand only containing any Request or Direction to any Joint Stock or other Company or Society, or to any Secretary, Treasurer, or other Officer thereof, or to any Banker, by the Owner or Proprietor of any Stocks, Funds, or Shares of or in any such Company or Society, to pay the Dividends or Interest arising from any such Stocks, Funds, or Shares to any Person named in such Order, Request, or Direction, shall be chargeable with Stamp Duty as a Letter or Power of Attorney. CAP. XCI. An Act for the more effectual Protection of Her [29th July 1864.] BE 1. This Act may be cited as The Naval and Victualling Stores Act, 1864. 2. This Act shall not extend to Scotland or Ireland. The Term "the Admiralty" means the Lord High The Term "in Her Majesty's Service," when applied to The Term "Stores " includes any single Store or Article. 4. The Naval and Victualling Stores Act, 1862, is hereby repealed; but this Repeal or anything in this Act shall not apply to or in respect of any Offence, Act, or Thing committed or done before the passing of this Act. 5. The Marks described in the Schedule to this Act may be applied in or on Her Majesty's Naval and Victualling Stores to denote Her Majesty's Property in Stores so marked. It shall be lawful for the Admiralty, their Contractors, and Victualling Officers, and Workmen, to apply the said Marks or any of them in or on any such Stores as are described in the said Schedule. Stores. If Misdemeanour. If any Person, without lawful Authority (Proof of which Imitation a Authority shall lie on the Party accused), applies any of the said Marks in or on any such Stores he shall be guilty of a Misdemeanour, and shall be liable to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour. conceal Her 6. If any Person, with Intent to conceal Her Majesty's Obliteration, Property in any Naval or Victualling Stores, takes out, destroys, with Intent to or obliterates, wholly or in part, any such Mark as aforesaid, he Majesty's Proshall be guilty of Felony, and shall be liable, in the Discretion perty, Felony. of the Court, to be kept in Penal Servitude for any Term not exceeding Four Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. marked Stores a Misde 7. If any Person, without lawful Authority (Proof of which Knowingly Authority shall lie on the Party accused), receives, possesses, receiving, &c. keeps, sells, or delivers any Naval or Victualling Stores bearing any such Mark as aforesaid, knowing them to bear such Mark, meanour. he shall be guilty of a Misdemeanour, and shall be liable to be imprisoned for any Term not exceeding One Year, with or without Hard Labour. Stores being sumed against Dealers, &c. marked pre 8. Where the Person charged with such a Misdemeanour as Knowledge of last aforesaid was at the Time at which the Offence is charged to have been committed a Dealer in Marine Stores, or a Dealer in Old Metals, or in Her Majesty's Service, Knowledge on his Part that the Stores to which the Charge relates bore such Mark as aforesaid shall be presumed until the contrary is shown. 9. Any Person charged with such a Misdemeanour as last Offenders may aforesaid in relation to Stores the Value of which does not be summarily convicted in exceed Five Pounds shall be liable on summary Conviction before a Justice of the Peace to a Penalty not exceeding Twenty Pounds, or, in the Discretion of the Justice, to be imprisoned for any Term not exceeding Six Months, with or without Hard Labour. certain Cases. viction of 10. Every Conviction of a Dealer in old Metals for any Effect of ConOffence in this Act expressed to be a Felony or Misdemeanour Dealer in old shall, for the Purposes of Registration and its Consequences Metals. under The Old Metal Dealers Act, 1861, be equivalent to a Conviction under that Act. 11. In order to prevent a Failure of Justice in some Cases Persons, not by reason of the Difficulty of proving Knowledge of the Fact Dealers in that Stores bore such a Mark as aforesaid,— Marine Stores, &c., found in If any Naval or Victualling Stores bearing any such Mark possession of are found in the Possession of any Person not being a Dealer Naval or in Marine Stores or a Dealer in Old Metals, and not being Stores, and in Her Majesty's Service, and such Person, when taken or not satisfacsummoned before a Justice of the Peace, does not satisfy the torily accountJustice that he came by the Stores so found lawfully, he shall ing for the be liable, on Conviction by the Justice, to a Penalty not ex- Penalty. ceeding Five Pounds; and if any such Person satisfies the Justice that he came by the Stores so found lawfully, the Justice, at his Discretion, as the Evidence given and the Circumstances same, liable to Criminal Possession explained. h No unautho rized Person to &c. for Stores creep, sweep, within 100 Yards of Dock yards, &c. Sections 98, 99, 100, 103, 105, 107 to 113, and 24 & 25 Vict. None but the Admiralty to prosecute. Penalties, &c. to be applied Circumstances of the Case require, may summon before him every Person through whose Hands such Stores appear to have passed, and if any such Person as last aforesaid who has had Possession thereof does not satisfy the Justice that he came by the same lawfully, he shall be liable, on Conviction by the Justice, to a Penalty not exceeding Five Pounds. 12. For the Purposes of this Act, Stores shall be deemed to be in the Possession or Keeping of any Person if he knowingly has them in the actual Possession or Keeping of any other Person, or in any House, Building, Lodging, Apartment, Field, or Place, open cr inclosed, whether occupied by himself or not, and whether the same are so had for his own Use or Benefit or for the Use or Benefit of another. 13. It shall not be lawful for any Person, without Permission in Writing from the Admiralty, or from some Person authorized by the Admiralty in that Behalf, to creep, sweep, dredge, or otherwise search for Stores in the Sea or any Tidal Water within One hundred Yards from any Vessel belonging to Her Majesty or in Her Majesty's Service, or from any Mooring Place or Anchoring Place appropriated to such Vessels, or from any Moorings belonging to Her Majesty, or from any of Her Majesty's Wharves, or Dock, Victualling, or Steam Factory Yards. If any Person acts in contravention of this Provision, he shall be liable, on summary Conviction before a Justice of the Peace, to a Penalty not exceeding Five Pounds, or to be imprisoned for any Term not exceeding Three Months with or without Hard Labour. 14. The following Sections of the Act of the Session of the Twenty-fourth and Twenty-fifth Years of Her Majesty (Chapter Ninety-six), "to consolidate and amend the Statute Law "of England and Ireland relating to Larceny and other similar "Offences," shall be incorporated with this Act, and shall for the Purposes of this Act be read as if they were here re-enacted, namely, Sections Ninety-eight to One hundred, One hundred and three, One hundred and five, One hundred and seven to One hundred and thirteen, and One hundred and fifteen to One hundred and twenty-one, all inclusive; and for this Purpose the Expression "this Act," when used in the said incorporated Sections, shall be taken to include the present Act. 15. It shall not be competent for any Person, other than the Admiralty, to institute or carry on under this Act any Prosecution or Proceeding for any Offence. 16. Notwithstanding anything in any Act relating to Muniunder Orders of cipal Corporations or to the Metropolitan Police Force or in any other Act, any pecuniary Penalty or other Money recovered under this Act shall be paid or applied as the Admiralty direct. Admiralty. Not to prevent indicted under 17. Nothing in this Act shall prevent any Person from being indicted under this Act or otherwise for any indictable Offence made punishable on summary Conviction by this Act, or pre vent vent any Person from being liable under any other Act or otherwise to any other or higher Penalty or Punishment than is provided for any Offence by this Act, so that no Person be punished twice for the same Offence. SCHEDULE. MARKS appropriated for Her Majesty's Use in or on Naval and Victualling Stores. Hempen Cordage and Wire Rope | White, Black, or Coloured Wor Canvas, Fearnought, Hammocks, and Seamen's Bags. Buntin Candles Timber, Metal, and other Stores not before enumerated. sted Threads laid up with the A Blue Line in a Serpentine A double Tape in the Warp. The Broad Arrow. CAP. XCII. An Act for annexing Conditions to the Appointment of Persons to Offices in the Governing Bodies of certain Public Schools and Colleges. [29th July 1864.] WHEREAS a Commission was issued in the Year One thousand eight hundred and sixty-one, under Letters • Patent of Her Majesty, for the Purpose of inquiring into the Nature and Application of the Endowments and into the 'Administration and Management of the Colleges and Schools named in the Schedule annexed hereto: And whereas the said Commission reported, amongst other things, to Her Majesty, that Parliamentary Legislation would be required in order to make the Changes which the said Commission 'considered desirable, in respect, amongst other things, of the Governing Bodies of the said Colleges and Schools: And ⚫ whereas it is expedient that no Impediment should be created to the free Action of the Legislature in making the said Changes, by the Acquisition of vested Interests in the Property of the said Colleges and Schools by Persons who may be appointed to Offices in the Governing Bodies thereof after the Date of the passing of this Act:' 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, |