the said colonies or plantations in America, no such devise, legacy, or bequest as aforesaid, shall be made null and void, by virtue of this act, unless the will or codicil, whereby such devise, legacy, or bequest shall be given, shall be made after the first day of March, which shall be in the year of our Lord one thousand seven hundred and fifty-three, 26 Geo. 3. c. 63. An Act for the further preventing Frauds and Abuses attending the payment of Wages, Prize Money, and other allowances, due for the service of Petty Officers and Seamen on board any of his Majesty's ships. From Aug. 1, 1786, no letter of at torney, of a petty offi cer, &c. to WHEREAS great frauds and abuses are daily practised Preamble. in the receiving of seamen's wages, notwithstanding former acts of parliament made for preventing the same: for remedy whereof, 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, from and after the first day of August, one thousand seven hundred and eighty-six, no letter of attorney, made by any petty officer, or seaman in the service of his Majesty, his heirs or successors, or letter of attorney, made by the executors or admi- unless nistrators of any such officer or seaman, in order to impower vocable. or entitle any person or persons to receive any wages, pay, or allowances of money of any kind, due, or to grow due for such service, shall be good and valid, or sufficient for that purpose, unless such letter of attorney shall be made and declared to be revocable by the express words thereof; and that no letter of attorney, or will, made by any petty officer or seaman in the service of his Majesty, his heirs or succes- &c to be be valid, made re Letters of attorney, of the ship, &c. attested by sors, whereby any wages, pay, prize money, or allowance of the captain money of any kind, due, or to grow due for such service, is authorised to be received or bequeathed, shall be good and valid, and sufficient for the purpose, unless such letter of attorney, or will, if made by any such officer or seaman, then in the service of his Majesty, his heirs and successors, shall be signed before, and attested by, the captain, or by the of ficer then commanding, and one or other of the signing of ficers of the ship to which such petty officer or seaman shall belong, and shall specify in the body thereof, the name of the ship, and also the number at which the maker of such will, or letter of attorney, stands upon the ship's book; or by the agent of any of his Majesty's hospitals, or quarters appointed to receive sick and wounded seamen, commonly called sick quarters, in which such petty officer or seaman may be for the time; and unless such letter of attorney, or will, if made by any such officer or seaman who shall have been discharged from the service of his Majesty, his heirs or successors, or if such letter of attorney is made by the executors or administrators of any such officer or seaman, and made within the bills of mortality of the cities of London and Westminster, is attested by an officer to be appointed by the treasurer of his Majesty's navy, for the purpose of inspecting the wills, and letters of attorney, of such officers and seamen, or, if made at any of the ports where seamen's purpose; if wages are paid, is attested by the treasurer of the navy's chief or second clerk there, or if made at any other place, is attested by the minister and churchwardens of any parish in England or Ireland, or in that part of Great Britain, called Scotland, by the minister and two elders of the parish, where such petty officer or seaman, executors or administrators, shall respectively reside. if made within the bills of mortality, to be at tested by an officer appointed for that in any outport, by the treast rer of the navy's clerk; and in any other place by the minis ter, &c. Particnlars to be II. And be it enacted, by the authority aforesaid, That specified in every such letter of attorney, and will, shall contain the name of the ship to which the person granting the same last letters of attorney and will belonged, and also the full description of the residence, profession, or business, of the person to whom, or in whose favour, the said letter of attorney, or will, is made, and also the day of the month, and place, where the said letter of attorney, or will, was executed, attorney, transmit sick and boards, III. And be it enacted, by the authority aforesaid, That Letters of after such letter of attorney, or will, shall be executed un- &c. to he der the hand and seal of the party, and attested in manner ted to the above-mentioned, the same shall not be delivered to such navy, or party himself, or to any person or persons for his behalf, but hurt the same, if executed abroad, shall be, with all convenient &c. speed, sent by the commander of any of his Majesty's ships, or agent of his Majesty's hospitals or sick quarters, at the times when they transmit their respective returns to the navy, and sick and hurt boards; or, if executed in Great Britain or Ireland, shall be sent by the commander of any of his Majesty's ships, agents of his Majesty's hospitals, or sick quarters, treasurer of the navy's clerks, minister of the parish, or whoever of them shall attest such letter of attorney, or will, by the general post, addressed to the treasurer or paymaster of the navy, at the navy pay office, London. Letters of attorney, &c. to e delivered cers ap pointed to them, who gister; IV. And be it enacted, by the authority aforesaid, That the said treasurer, or paymaster of the navy, shall immediately deliver over the same to the officer before-mentioned, to the offappointed for inspecting the wills, and letters of attorney, of seamen; which inspector shall, immediately on receipt of inspect such letter of attorney, or will, duly register the same, in a to renumerical and alphabetical manner, in a separate book or them. books, to be kept by him for the purpose of registering such letters of attorney, and wills, specifying the date of such letter of attorney, or will, and the place where executed, the name and addition of the person in whose favour such letter of attorney is granted, and the name and addition of the executor or executors named in such wills, and the names and qualities of the witnesses, attesting the same; and the said inspector is directed, and hereby required, if the same shall appear to be witnessed by the commander of any ship, or agent of his Majesty's hospital, or sick quarters, or treasurer of the navy's clerks, to examine and compare his signature to the attestation of such letter of attorney, or will, with that set and subjoined to the pay or muster-books of such ship, or with the returns made by the agent of such hospital, or sick quarters, or any public accounts signed by such clerk of the treasurer of the navy, to all which documents it is hereby directed he shall have free access at all times, or with and to exsignatures amine the of the wit nesses; they ap pear not to be genuine, to stop them and ac parties thereof. If genuine, approbation to be stampt thereon, and kept as vouch or and where any other instruments which he may have in his possession power; and in case it shall appear to him that such letter of attorney, or will, is not genuine and authentic, he shall not pass the same, but shall give notice by letter, to be sent quaint the by the general post, to the person in whose favour such letter of attorney is granted, or person or persons named executor or executors in such will, informing him or them that the said letter of attorney, or will, is stopt, and the reason thereof; but if, upon such examination and enquiry, it shall appear to the said inspector, that the said letter of attorney, or will, is genuine and authentic, he, or a person authorised to officiate for him, shall sign his name to such letter of aters of the torney, or will, and also put a stamp thereon, to be made and kept for the purpose, in token of his approbation thereof; and every such letter of attorney shall be kept as one of the vouchers of the treasurer of the navy's accounts: and the said inspector shall, immediately after such enquiry and approbation, give notice by letter, to be sent by the general post, to the person in whose favour such letter of attorney nies when is granted, that he has received and approved of the same, powers are and he shall at the same time send to such attorney a check, approved, and also specifying the number of such letter of attorney, the name checks, and addition of the person granting the same, the name and addition of the person in whose favour the same is granted, the money. the date and place when and where executed, and the names navy ac Counts. Notice to be ent to the attor to authorise them to receive of the witnesses attesting the same, which said check shall be signed and stamped by the said inspector, or person authorised to officiate for him, and shall, to such attorney, stand in the place of his original letter of attorney, and shall be to him a sufficient authority to demand payment of and discharge all such wages, pay, prize money, or allowance of money, to which the person granting the same was entitled, for his service on board any of his Majesty's ships; and the said inspector shall in like manner give notice, to be sent by the general post, to the person or persons named and appointed executor or executors in such will, that such will is Notice of received and approved of; and the said inspector shall numapproba ber and register the said will so signed and stamped by him likewise to as aforesaid, and shall make out a check, in the manner as be sent, which will above directed, with respect to letters of attorney, which tion of wills the execu bates. and the tified upon the check. Inspector checks to to send the minis ter who + check he shall forward in like manner to the said executor authorise or executors, and which shall be a sufficient authority for tor to obthem, or for their attornies, to apply, upon the testator's tan prodeath, to the said inspector, requesting that the will may be directed and sent by him to a proctor in Doctors Commons, where they may, on application, obtain probate thereof; which probate, when obtained, shall be lodged with the said Probates to be lodg inspector of seamen's wills, who, or the person authorised to ed with the officiate for him, is hereby directed to certify, upon the check inspector, formerly delivered, that a probate has been granted, and the same cercheck shall then, to such executor or executors, stand in the place of such probate, and shall be to him sufficient authority to demand payment of and discharge all sums that shall be due to him as executor to the party who made the said will. V. And be it enacted, by the authority aforesaid, That the above-mentioned inspector shall, in return to all letters of attorney, and wills, received by him from ministers of parishes, give notice as aforesaid, to the said minister, who transmits transmitted the same, and not to the grantor thereof, of his attorney, having passed and approved of such letter of attorney, or delivered will, and send the check by the general post, made out in the to the manner above-mentioned, to the said minister; and which notice from the said inspector shall be addressed to the minister of the parish, (naming the same,) without inserting the name of such minister, to be delivered to him at his manse or dwelling-house; and every such minister of a parish shall deliver the said check to the party who executed such letter of attorney, or will: and all letters and packets Letters touching addressed to, or sent by, the said treasurer or paymaster of the premithe navy, or inspector to be appointed as aforesaid, shall, ses to pass from and after the passing of this act, be sent and received postage. free from the duty of postage, in the same manner, and under the same restrictions, as the clerk assistant, and chief clerk without doors, of the house of Commons of Great Britain, now send and receive the same. powers of &c. to be grantors, letters of VI. And be it enacted, by the authority aforesaid, That Grants of all captains and commanders of ships, shall, upon their monthly muster books, or returns, specify which of the men, mentioned in the said returns, have granted any letter of at monthly attorney to be inserted in the returns. |