50 & 51 VICT. c. 13, 1887. Pensions (Colonial Service). PENSIONS (COLONIAL SERVICE) ACT, 1887. c. 13. An Act to extend, in certain cases, the provisions of 50 & 51 Vict. the Superannuation Act, 1859, and to extend and other- PENSIONS wise amend the provisions of the Colonial Governors SERVICE) ACT, (Pensions) Acts, 1865 and 1872.* BE [5TH JULY, 1887.] E 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: (COLONIAL and 1887. 1. This Act may be cited as the Pensions (Colonial Service) Act, short title 1887, and shall be construed as one with the Superannuation Act, 1859,† construction. and with the Colonial Governors (Pensions) Acts, 1865 and 1872.‡ of Super Colonial 2. Where a person who has been employed in any office in the Application permanent civil service of a colony has been employed also in some annuation İmperial civil capacity, his service in the said office shall for the pur- Acts to poses of the Superannuation Act, 1859,† and the Colonial Governors civil service. (Pensions) Acts, 1865 and 1872, and the Acts amending the said Acts, 22 Viet, c. 26. be deemed to be service in the permanent civil service of the State, and c. 113. the said office shall be deemed to be an office in a public department, and 354 36 Vict. the said person shall, subject as herein-after provided, be qualified to receive a pension accordingly. Provided that the Treasury shall determine the portion of every such pension which shall be paid from the Consolidated Fund of the United Kingdom or moneys voted by Parliament, but no payment shall be made therefrom in respect of any employment in the permanent civil service of a colony. The expression "Imperial civil capacity" in this section means the permanent civil service of the State, and also the administration of the government of a colony within the meaning of the Colonial Governors (Pensions) Act, 1865.§ 28 & 29 Vict. c. 29. under c. 113, and 3. A person shall not receive by way of pension, under the Colonial Provision as Governors (Pensions) Acts, 1865 and 1872, an amount which, together to pensions with any pension for service in the permanent civil service of the State 28 & 29 Vict. or of a colony, exceeds the sum of one thousand pounds a year, or two- 35 & 36 Vict. thirds of the salary and emoluments of his office in that service, whichever . 29. is greater. But his pension under the said Acts shall not be reduced by reason of his pension in respect of the said service being an emolument within the meaning of section seven of the Colonial Governors (Pensions) Act, 1865.§ computing 4. Any pension to be granted in pursuance of section ten of the Mode of Colonial Governors (Pensions) Act, 1865, § as amended by this Act, to a superperson who has administered the government of any colony or colonies annuation shall be computed, according to the provisions of the Superannuation be granted in Printed as amended by Statute Law Revision Act, 1908. Only so much of the Act is printed as is applicable to Queensland. The Superannuation Acts in force are the Act of 1834 (4 & 5 Wm. IV. c. 24), the Act of 1859 (22 Vict. c. 26), the Act of 1887 (50 & 51 Vict. c. 67), the Act of 1892 These Acts are not of (55 & 56 Vict. c. 40), and the Act of 1909 (9 Edw. VII. c. 10). any general importance in Queensland and are therefore not printed in this edition. $ 28 & 29 Vict. c. 113 and 35 & 36 Vict. c. 29, supra, this title. § 28 & 29 Vict. c. 113, supra, this title. allowance to certain cases. Definition of permanent civil service of a colony. Provision against double pensions. Explanation of terms. Act, 1859, on the salary and emoluments of his office in the permanent civil service of the State or of a colony, and not on the salary received by him in respect of the administration of the said government. 6. For the purposes of this Act a person shall be deemed to be employed in the permanent civil service of a colony if he holds any such permanent office in the service of Her Majesty in the government of any colony as qualifies him to receive a pension out of the revenues of such colony. 7. A person shall not receive a pension under the Colonial Governors (Pensions) Acts, 1865 and 1872,† or this Act, and also under section twelve of the Superannuation Act, 1859.* 8. The expressions "permanent civil service of the State,” “ permanent civil service of Her Majesty," and "permanent civil service of the Crown," are hereby declared to have the same meaning, and this Act and any enactment relating to salaries and pensions shall be construed accordingly. In this Act "pension" includes superannuation allowance. CESTUI QUE REAL PROPERTY. CESTUI QUE VIE ACT, 1707. 6 Anne c. 18. An Act for the more effectual Discovery of the Death of Persons pretended to be alive to the Prejudice of those who claim Estates after their Deaths. || VIE ACT, 1707.§ Reasons for passing this Act. WHEREAS divers persons as guardians and trustees for infants and husbands in right of their wives and other persons having estates or interests determinable upon a life or lives have continued to receive the rents and profits of such lands after the determination of their said particular estates or interests And whereas the proof of the death of the persons on whose lives such particular estates or interests depended is very difficult and several persons have been and may be thereby defrauded For remedy whereof and for preventing such fraudulent practices 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 that any person or persons who hath or shall have any claim &c. expectant or demand in or to any remainder reversion or expectancy in or to any determination estate after the death of any person within age married woman or any upon affidavit other person whatsoever upon affidavit made in the High Court of Chancery by the persons so claiming such estate of his or her title and that he or she hath cause to believe that such minor married woman or other person is dead and that his or her death is concealed by such guardian trustee husband or any other person shall and may once a year Reversions, upon of life estate of belief of death of infant or other tenant for life as herein mentioned, The Superannuation Acts in force are the Acts of 1834 (4 & 5 Wm. IV. c. 24). the Act of 1859 (22 Viet. c. 26), the Act of 1887 (50 & 51 Vict. c. 67), the Act of 1892 (55 & 56 Vict. c. 40), and the Act of 1909 (9 Edw. VII. c. 10). These Acts are not of any general importance in Queensland and are therefore not printed in this edition. + 28 & 29 Vict. c. 113 and 35 & 36 Vict. c. 29, supra, this title. Cited as 6 Anne c. 72 in the English Revised Statutes. § Short title given, 59 & 60 Vict. c. 14. This Act is applied by the "Real Property Act of 1861" (25 Vic. No. 14), s. 90, vol. III., title Real Property. concealed by may yearly an order in of such tenant if the person aggrieved shall think fit move the lord chancellor keeper or and that such commissioners for the custody of the great seal of Great Britain for the death is time being to order and they are hereby authorized and required to guardian, &c. order such guardian trustee husband or other person concealing or move for suspected to conceal such person at such time and place as the said court and obtain shall direct on personal or other due service of such order to produce Chancery for and shew to such person and persons (not exceeding two) as shall in the production such order be named by the party or parties prosecuting such order such for life; minor married women or other persons aforesaid And if such guardian trustee husband or such other person as aforesaid shall refuse or neglect to produce or shew such infant married woman or such other person on whose life any such estate doth depend according to the directions of the said order that then the Court of Chancery is hereby authorized and required to order such guardian trustee husband or other person to produce such minor married woman or other person concealed in the said Court of Chancery or otherwise before commissioners to be appointed by the said court at such time and place as the court shall direct two of which commissioners shall be nominated by the party or parties prosecuting such order at his or their costs and charges And in case such and upon guardian trustee husband or other person shall refuse or neglect to refusal, &c. to produce such infant married woman or other person so concealed in tenant for the Court of Chancery or before such commissioners whereof return shall life, taken to be made by such commissioners and that return filed in the petty bag office in either or any of the said cases the said minor married woman or such other person so concealed shall be taken to be dead and it shall be lawful for any person claiming any right title or interest in remainder or reversion or otherwise after the death of such infant married woman or such other persons so concealed as aforesaid to enter upon such lands tenements and hereditaments as if such infant married woman or other person so concealed were actually dead. produce such be dead. &c. tenant for sea, party such order infant, and if 2. And be it further enacted by the authority aforesaid that if it shall if such infant, appear to the said court by affidavit that such minor married woman or life, appear to other person for such life such estate is holden is or lately was at some be in some certain place beyond the seas in the said affidavit to be mentioned it shall place beyond and may be lawful for the party or parties prosecuting such order as prosecuting aforesaid at his or their costs and charges to send over one or both the may send over said persons appointed by the said order to view such minor married to view such woman or other person for whose life any such estate is holden and in guardian, &c. case such guardian trustee husband or other person concealing or will not suspected to conceal such persons as aforesaid shall refuse or neglect to tenant for produce or procure to be produced to such person or persons a personal or she to be view of such infant married woman or other person for whose life any taken as such estate is holden that then and in such case such person or persons are hereby required to make a true return of such refusal or neglect to the Court of Chancery which return shall be filed in the petty bag office and thereupon such minor married woman or other person for whose life any such estate is holden shall be taken to be dead and it shall be lawful for any person claiming any right title or interest in remainder reversion or otherwise after the death of such infant married woman or other person for whose life any such estate is holden to enter upon such lands tenements and hereditaments as if such infant married woman or other person for whose life any such estate is holden were actually dead. produce such life, then he dead. any action to 3. Provided always that if it shall afterwards appear upon proof in any If it appear action to be brought that such infant married woman or other person for afterwards in whose life any such estate is holden were alive at the time of such order be brought made that then it shall be lawful for such infant married woman guardian that such was alive at the time of the order made, then he or she may have action tenant for life or trustee or other person having any estate or interest determinable upon such life to re-enter upon the said land tenements or hereditaments and for such infant married woman or other person having any estate or interest determinable upon such life their exccutors administrators or re-enter, and assigns to maintain an action against those who since the said order received the profits of such lands tenements or hereditaments or their executors or administrators and therein to recover full damages for the profits of the same received from the time that such infant married woman or other person having any estate or interest determinable upon such life were ousted of the possession of such lands tenements or hereditaments. for rent, &c. Proviso for guardian, &c. who shall make it appear that que endeavour to procure the such infant and tenant for life. 4. Provided always that if any such guardian trustee husband or other person or persons holding or having any estate or interest determinable upon the life or lives of any other person or persons shall by affidavit or otherwise to the satisfaction of the said Court of Chancery make appear has been used that he she or they have used his her or their utmost endeavours to appearance of procure such infant married woman or other person or persons on whose life or lives such estate or interest doth depend to appear in the said Court of Chancery or elsewhere according to the order of the said court in that behalf made and that he she or they cannot procure or compel such infant married woman or other person or persons so to appear and that such infant married woman or other person or persons on whose life or lives such estate or interest doth depend is are or were living at the time of such return made and filed as aforesaid then it shall be lawful for such person or persons to continue in the possession of such estate and receive the rents and profits thereof for and during the infancy of such infant and the life or lives of such married woman or other person or persons on whose life or lives such estate or interest doth or shall depend as fully as he she or they might have done if this Act had not been made. 5. And be it further enacted by the authority aforesaid that every person who as guardian or trustee for any infant and every husband seised in right of his wife only and every other person having any estate determinable upon any life or lives who after the determination of such particular estates or interests without the express consent of him her or them who are or shall be next and immediately entitled upon and after the determination of such particular estates or interests shall hold over and continue in possession of any manors, messuages, lands, tenements or hereditaments shall be and are hereby adjudged to be trespassers and that every person and persons his her and their executors and administrators who are or shall be entitled to any such manors messuages lands tenements and hereditaments upon or after the determination of such particular estates or interests shall and may recover in damages against every such person or persons so holding over as aforesaid and against his her or their executors or administrators the full value of the profits received during such wrongful possession as aforesaid. Guardians, trustees, &c. holding over without consent of remainder man, &c. deemed trespassers. Damages. RECOVERY OF DEBTS. REMOVAL OF PRISONERS. REVENUE. See SUCCESSION. ROYAL TITLES. See CONSTITUTION. 50 & 51 VICT. c. 54, 1887. British Settlements. SEA, OFFENCES AT. See CRIMINAL LAW. SETTLEMENTS. BRITISH SETTLEMENTS ACT, 1887. An Act to enable Her Majesty to provide for the Govern- 50 & 51 Vict. ment of Her Possessions acquired by Settlement.* c. 54. BRITISH SETTLEMENTS [16TH SEPTEMBER, 1887.] ACT, 1887. WHEREAS divers of Her Majesty's subjects have resorted to and [Preamble.] settled in, and may hereafter resort to and settle in, divers places where there is no civilised government, and such settlements have become or may hereafter become possessions of Her Majesty, and it is expedient to extend the power of Her Majesty to provide for the government of such settlements, and for that purpose to repeal and re-enact with amendments the existing Acts enabling Her Majesty to provide for such government: 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 the authority of the same, as follows: 1. This Act may be cited as the British Settlements Act, 1887. Short title. Queen in and establish 2. It shall be lawful for Her Majesty the Queen in Council from time Power of the to time to establish all such laws and institutions, and constitute such council to courts and officers, and make such provisions and regulations for the make laws proceedings in the said courts and for the administration of justice, as courts. may appear to Her Majesty in Council to be necessary for the peace, order, and good government of Her Majesty's subjects and others within any British settlement. power by the 3. It shall be lawful for Her Majesty the Queen from time to time, Delegation of by any instrument passed under the Great Seal of the United Kingdom, Queen. or by any instructions under Her Majesty's Royal Sign Manual referred to in such instrument as made or to be made, as respects any British settlement, to delegate to any three or more persons within the settlement all or any of the powers conferred by this Act on Her Majesty in Council, either absolutely or subject to such conditions, provisions, and limitations as may be specified in such instrument or instructions. Provided that, notwithstanding any such delegation, the Queen in Council may exercise all or any of the powers under this Act: Provided always, that every such instrument or instruction as aforesaid shall be laid before both Houses of Parliament as soon as conveniently may be after the making and enactment thereof respectively. Council to jurisdiction 4. It shall be lawful for Her Majesty the Queen in Council to confer Power to the on any court in any British possession any such jurisdiction, civil or Queen in criminal, original or appellate, in respect of matters occurring or arising confer in any British settlement as might be conferred by virtue of this Act on certain upon a court in the settlement, and to make such provisions and courts. regulations as Her Majesty in Council may think fit respecting the exercise of the jurisdiction conferred under this section on any court, * Printed as amended by Statute Law Revision Act, 1908. |