Section 81. Property which canilot be aktaclled

81. Property which canilot be aktaclled. Properly of Deceased Persolzs a ? ~ d Deserters. 8.2. Disposal of property of deceased persons and deserters. ACT No. XIV OF 188'7. PASSED BY THE GOVERNOR GENEILAL OF INDIA IN COUNCIL. (Received tAe assent of t i e Gov~rnor Ge~te~.aZ on tAe 30tA Jzine, 186'7.) An Act for the better administration of Her Majesty's Indian Marine Service. B v i c . , WHEREAS by the Indian Marine Service Act, 1884, it is, among other things, enacted that the Governor General of India in Council shall have power, subject to the provisions contained in the 2jvic., Indian Councils Act, 1861, as amended by subsequent Acts, at meetings for tlie purpose of making Laws and Regulations, to make laws for all persons employed or serving in, or belonging to, Her Majesty's Indian Marine Service : Provided that- - (a) a law made under that power shall not apply to any offence unless tlie vessel to which the offender belongs is a t the time of the commission of the offence within the limits of Indian waters, which are defined by the said Indian Marine Service Act to include the high seas between the Cape of Good Hope on the west and the Straits of Magellan on the east, and all territorial waters between tliose limits ; and - ( B ) the punishments imposed by any such law for offences shall be similar in character to, and shall not be in excess of, the punishments which may at the time of making the law be i~~posedfor similar offences under the Acts relating to Her Majesty's Navy, except that in the case of persons other than Europeans or 5 Title and commencement. Definitions. or Americans iinprisonment, for any term not exceeding. fourteen years, or tl~ansportation for life or any less term, may be substituted for penal servitude ; And whereas it is further provided by the said Indian Marine Service Act that subject to the provisions of that Act a lam made thereunder shall be of the same force and effect as an Act of Parliament and shall be taken notice of by all Courts of Justice in the ssme manner 3s if it mere a Public Act of Parliament ; And whereas in pursuance of the power thus conferred anddof all dther powers vested In bhe Governor General `ih` Council in this behalf it. is expedient to make such laws as are mentioned in the said Indian Marine Service Act and to make pimvision in other particulars tor the proper regulation of, and other%ise in relation to, the Indian Marine Serdce ; And whereas the Secretary of State for India in Council has given his previous approval to the passing of this Act ; It is hereby enacted as follows :- CHAPTER I. 1. ( I ) This ~ c may be called the Indian Marine t Act,.188? I ; and - (@I It s ~ ~ a l l ~ c o p e It s ~ ~ a l l ~ c o p e s ~ ~ a l l ~ c o p e into (@I It s ~ ~ a l l ~ c o p e It s ~ ~ a l l ~ c o p e s ~ ~ a l l ~ c o p e into force on such date as the Governor Gene~al~in Council may,? by notification in the. Gazette of India, appoint in:this behalf. a; ( I > In -this, Act, unless there is something reingnant in the subject OT coatexti-- (a) "person subject to this Act " means a person who is employecl or serves in, or belongs to, the ladiail Marine Service, and 11:110, if he is not `ti` gazetted officer, has been earolled in that service in the manner provided by this Act : (b) " gazetted ,. ( b ) " gazetted officer " means a person who by virtue of his letter of appointment is holding a position in the Indian Marine Service as- Chief engineer, Engineer, Assistan't engineer, or Commander, First grade officer, Second grade oBcer, Third grade officer, (G) " warrant-officei*" means a person who by virh e of his appointment is holding a position in the Indian Marine Service as- Engine-driver, fixst ciass, Carpenter, Hospital assistant, or 1 Gene~al mess steward : Gunner, Apothecary, Assistant apoth'ecary, Assistant clerk, (cl) " petty officer " means a person who by virtue of his appointment is holding a position in the Indian Marine Service as- Tilidal of lascars, first class, Tindal of lascars, second class, Tindal of stokers, first class, Tjndal OF stolrers, second class, Casseub, first class, Cassaub, second class, or Cook on a salary of less thaa fifty rupees per mensem : Chief syrang, first class, Chief syranp, second class, Ship's steward, Engine-drivel., secoud class, Cookonasalaryofnotlessthan fifty mpees per mensem, General mess butler, Syrang of lascars, first class, Syrang of lascars, second class, ' (e) " superior officer ", used with reference to an oEcer of a rank mentioned in clause (b), clause (c] or clause (d) of this sctb:section, means an officer of a rank mentioned'before his in any of those clauses, and, used with refereace to any other person subject to this Act, means an o€Ecer mentioned in any of those ,olauses : (f) '< commanding officer `er"` means the officer in command of a vessel, whsther by special appointment or by the rules or custow of. the service, and includes, as regards any peysons subject to this Act who ace employed otherwise than on board the vessel to which they belong, such officer, if any, as the Governor General in Council appoints, instead of the comrnand-in8 officer of that vessel, to discllarge the fu~ictions of comivandiug officer with rcsl~ec t o those persons : (9) " enemy " 'i Procedure `On` ment. General I'o ' "er to u~alrc rules. (g) enemy " includes a pirate or rebel : ( h ) "Indian Marine Court" means an Indian Marine Court held under this Act : (i) '< Criminal Court " means a Court hnving ordinary criminal jurisdiction in British India or such s Court established elsewhere by the authority of the Governor General in Council : and ( j ) " prescribed " means prescribed by rules made by the Governor General in Council. (2) If an appointment in the Indian Marine Service is created after the passing of this Act, the Governor General in Council may, by notification published in the Gazette of India at any time after the commencernent of this Act, assign to the officer for the time being holding the appointment such placo in clause (b), clause (c) or clause (d) of sub-section ( I ) as he thinks fit, and thereupon that officer shall for all the purposes of this Act be deemed to be mentioned in that place, and to be a gazetted officer, warrant-officer or petty officer, as the case may be, and to be tlie superior officer of any officer mentioned after him in any of the clauses aforesaid, and of any person subject to this Act who is not mentioned in any of those clauses.