Penalty on wilfully delaying Payment of of the Bills herein-before directed to be made out shall be tendered Customs, &c. for Payment, shall not then have in his Hands Public Money having no Mosufficient to answer the same, and shall refuse or delay the imme- ney in Hand. diate Payment thereof, such Collector of the Customs, Collector of the Excise, or Clerk of the Treasurer of the Navy, shall immediately indorse, on the Back of the said Duplicate, the Day of its being so tendered to him, and the Cause of his Refusal or Delay to pay the same, and shall appoint thereon, for the Payment of such Bill, some future Day within the Space of Two Months at the farthest from the Day of its having been first tendered to him as aforesaid, which Duplicate, with the Indorsement thereon, shall be immediately delivered back to the Person presenting the same; and if upon Complaint to be made to the respective Commissioners appointed by His Majesty, His Heirs or Successors, to manage the said several Duties of Customs or Excise, or to the Treasurer of the Navy (if the Person complained of be a Clerk of the Treasurer of the Navy), it shall appear that such Collector of the Customs, Collector of the Excise, or Clerk of the Treasurer of the Navy, hath unnecessarily and wilfully refused or delayed the Payment of such Bill, or that such Collector of the Customs, Collector of the Excise, or Clerk of the Treasurer of the Navy, or any Person employed by or under any of them, hath directly or indirectly taken any Fee, Reward, Gratuity, Discount, or Deduction whatsoever on account of the Payment of the said Bill, it shall and may be lawful for any Three or more of the said Commissioners, or the Treasurer of the Navy for the Time being (as the Case may be), to convict and fine any such Offender under their respective Direction in any Sum not exceeding Fifty Pounds, to be recovered either by Action at Law in the Name of the said Treasurer, or by Stoppages out of the Salary of the Officer so convicted and fined. VIII. And be it further enacted, That all Remittance Bills for Prize and Greenwich Out-Pension, paid in pursuance of this Act by the Collectors of the Customs and Collectors of Excise, shall, Remittance Bills, repaid by the Navy, to the Treasurer of be allowed in as soon as the same have been transmitted to the Commissioners of Customs or Commissioners of Excise in London, be delivered his Accounts. under the Authority of such Commissioners of Customs and Excise respectively to the said Treasurer of the Navy for Examination, together with separate Lists of Prize and Pension Bills so delivered; which Lists shall be certified by the said Commissioners of Customs and Excise respectively, and contain the Names of the Persons to whom such Bills have been respectively paid, the Amount paid to each Person, and the Date of Payment; and as soon as the same shall be examined and found correct, the said Treasurer of the Navy shall report the Amount thereof to the Commissioners of the Navy, and at the same Time deliver to the said Commissioners of the Navy the said Lists so certified, and thereupon the said Treasurer shall, upon a Warrant to be issued by the said Commissioners of the Navy for that Purpose, repay the Amount of such Bill to the said Commissioners of Excise or Customs respectively; and the said Bills, so repaid and delivered, shall be allowed as complete Discharges and Acquittances for the Amount specified in such Pension and Prize Bills upon the audit Pensioners changing Residence to give Notice thereof; any Loss happening for Want of No tice to be borne by the Pensioner. In case of bodily Infirmity duly certified, any sick Pensioner may sion Bill payable to some other Person. ing the Accounts of the said Treasurer of the Navy; provided that the Treasurer of the Navy shall not in any Case be chargeable with or accountable for any Monies arising from Shares of Prize or Per-centage, or otherwise arising under this Act, which shall not have been actually received by him, or paid into his Account at the Bank of England. IX. And be it further enacted, That every such Out-Pensioner, as herein-before mentioned, resident in Great Britain or Ireland, who shall be entitled, under the Authority of this Act, to receive Payment of his Pension by Remittance or Order as herein-before mentioned, shall, as often as he shall change his Place of Abode, give Notice thereof to the Treasurer of the Navy at Somerset House, London ; and in case, for Want of any such Notice, any Loss shall happen by reason of the Remittance of the Duplicate of such Pensioner's Bill to the Place from which such Pensioner shall have removed without giving any such Notice, such Loss shall fall upon and be borne and sustained by the Pensioner so making Default in this Behalf. X. And be it further enacted, That in case any Pensioner to whom such Duplicate of Bill shall be remitted shall be prevented or disabled from appearing personally before the Collector of the Customs, Collector of the Excise, or Clerk of the Treasurer of the make his Pen- Navy, by bodily Infirmity or Sickness, and such Disability shall be certified in Writing by the Minister and Churchwardens, or Minister and Two or more Elders (as the Case may be), of the Parish where such Pensioner may happen to reside, or by the Physician, Surgeon, or Apothecary attending him, then and in such Case the Sum mentioned in such Duplicate of the Bill shall be paid to any other Person to whom such Pensioner shall, by Writing under his Hand, to be indorsed upon such Duplicate and witnessed by the Person signing such Certificate, order the same to be paid; such Person, at the Time of demanding Payment thereof, producing such Duplicate of Bill, together with such Certificates respectively, as to the Identity of such Pensioner, and his Inability to appear personally as before mentioned, and giving a Receipt for the same at the Foot of such Order; which Order, and also the Receipt last mentioned, shall be respectively free from the Duty of Stamps; and such Receipts shall be as effectual in Law to all Intents and Purposes as if given by such Pensioner; and if any Person authorized to give such Certificate as is herein-before mentioned shall wilfully or negligently certify falsely for or on Behalf of any Pensioner, the Person so offending shall forfeit and pay for every such Offence any Sum not exceeding Fifty Pounds, nor less than Twenty Pounds. Assignments of Pensions void, except when made under the Acts for Relief of the Poor, or relating to Insolvent Debtors. XI. And be it enacted, That all Assignments, Bargains, Sales, Contracts, Agreements, or Securities whatsoever, which shall be given or made by any Commissioned Officer, Warrant Officer, Petty Officer, Seaman, or Marine, entitled to any Greenwich OutPension, for the Transfer of any such Pension, or to give or assign any Interest therein, or for, upon, or in respect of any such his Pension, shall be absolutely null and void to all Intents and Purposes whatsoever; except such Assignments as are or shall be authorized to be made under the Provisions of any Act or Acts relating relating to the Relief of the Poor in England, Ireland, or Scotland, or relating to Insolvent Debtors. ed in appor XII. And be it enacted, That it shall be lawful for the Lord Army Service High Admiral, or Commissioners for executing the Office of Lord may be reckonHigh Admiral, for the Time being, in his and their Discretion, tioning Greenupon Applications to be hereafter made to him or them by any wich Out- PenPerson or Persons claiming Pensions on account of the Services sions. of such Person or Persons in His Majesty's Navy, to give Pensions to such Person or Persons, under the then existing Orders in Council relating thereto, according to his or their Length of Service; and 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 Non-commissioned Officer or Private in His Majesty's Army. Commutation of a Pension for a Sum in Gross may be allowed in cer. tain Cases. XIII. And be it further enacted, 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, to appoint any Seaman or Marine, being a Pensioner, and being desirous of residing Abroad, such Commutation in Gross for his said Pension, to be in lieu of all future Claim to Pension, as to the said Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, for the Time being, shall seem expedient; which said Sum shall be paid out of the Monies ap- Payment of plicable to the Payment of Greenwich Out-Pensions; and such Out-Pensions Arrangements as shall seem fit, under the Authority of the Lord Abroad. High Admiral, or Commissioners for executing the Office of Lord High Admiral, for the Time being, shall be made for the Purpose of enabling Out-Pensioners who may be permitted to reside and receive their Pension out of the United Kingdom, to receive the Amount of their Pensions Abroad, either by means of Bills to be drawn by the Treasurer of the Navy or otherwise. Pensions, if not demanded by the Pensioner, or by his Personal Representative, within Six Years, to be forfeited. XIV. And be it further enacted, That in all Cases in which any Out-Pension, or Arrears of Out- Pension, shall not be demanded by or on Behalf of the Person to whom such Pension was granted, or, in case of his Decease, by any Person legally entitled thereto, for the Space of Six Years from the Time of the last Payment thereof, such Out-Pension and the Arrears thereof shall be and the same are hereby declared to be forfeited, unless upon Application to be made by the Person to whom such Pension was granted, or the next of Kin or Executor, or the Person legally entitled thereto, for the Restoration and Payment thereof, the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, for the Time being, shall, under the special Circumstances of the Case, in his or their Discretion remit such Forfeiture, and shall thereupon direct the said Treasurer of the Navy to make Payment of such Out-Pension or Arrears, notwithstanding the same shall not have been so demanded as aforesaid. XV. And be it further enacted, That all Letters and Packets addressed to the Cashier of Greenwich Out-Pensions for the Time being, upon any Business or Affairs relating to Out-Pensions, and all Letters addressed to the Examiner of Prize Accounts on free of Postage. Affairs relating to Prize, shall be free from the Duty of Postage; Letters to and from the Cash ier and Examiner to be Penalting for using Covers for any other Purpose, 1001. Sums, whether for Prize or Pension, not exceeding 20l. may be paid without Letters of Administra tion. Sums paid heretofore to Greenwich Prize Money, &c. shall be paid to the Treasurer of the Navy, and applied in Aid of Out-Pensions. and also that all Letters or Packets sent by the said Cashier, relating to Greenwich Out-Pensions, and by the said Examiner of Prize Accounts, relating to Prize, shall be sent free from the said Duty of Postage; and all Letters and Packets relating to Out-Pensions shall be under Cover, with the Words "Greenwich Out-Pensions, pursuant to Act of Parliament Tenth of George the Fourth,” printed upon the same, and the said Cashier, or other Officer in the Navy Pay Office authorized to frank Letters on the Business of that Office, shall write his Name under the same; and all Letters and Packets relating to Naval Prize shall be under Cover, with the Words "Naval 'Prize, pursuant to Act of Parliament Tenth of George the Fourth," printed thereon, and the said Examiner of Prize Accounts, or other Officer in the Navy Pay Office authorized to frank Letters on the Business of the said Office, shall write his Name under the same; and if any such Cashier or Examiner of Prize Accounts, or any other Person, shall send or convey, under any of the Covers aforesaid, any Writing, Paper, or Parcel other than relating to Greenwich Out-Pensions or Naval Prize respectively, the Person so offending shall for every such Offence forfeit and pay the Sum of One hundred Pounds, to be recovered as hereinafter mentioned. XVI. And be it further enacted, That it shall be lawful for the Treasurer of the Navy for the Time being to direct to be paid to any Person or Persons who shall prove him, her, or themselves to be the next of Kin or legal Representative of any deceased Pensioner or Person entitled to Prize Money, any Balance of Pension or Prize Money due to such deceased Person, not exceeding Twenty Pounds, although such Person or Persons shall not have taken out Letters of Administration or procured the Probate of any Will of such deceased Pensioner or other Person entitled as aforesaid. XVII. And be it enacted, That from and after the passing of this Act all forfeited and unclaimed Shares and Balances of Prize Money, and a Per-centage of Five Pounds in every One hundred Hospital upon Pounds out of the Proceeds of all Prizes, and out of all Grants to the Royal Navy and Marines, and out of all Bounty Monies, and out of all Seizures made under the Revenue, Colonial, Navigation, and Slave Abolition Laws, and out of all Droits of Admiralty, and out of all Monies arising from Derelicts, shall continue to be paid, and shall be paid and payable to the Treasurer of His Majesty's Navy for the Time being, by such Persons, and at such Times, and subject to such Penalties for Default, Delay, or Refusal, as the same have heretofore been or are now paid or payable to the Treasurer of Greenwich Hospital or his Deputy, by virtue of any Act or Acts now in Force relating to the said forfeited and unclaimed Shares and Per-centage; which several Payments and Deductions may be by the said Treasurer of the Navy applied, under the Authority and Direction of the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, in Aid of the Sums granted for Greenwich Out-Pensions; and in the Event of there remaining any Surplus thereof, after defraying the Greenwich Out-Pensions, then the said Treasurer of the Navy shall cause such Surplus to be from Time to Time plied to future invested (under the Authority and by the Direction of the Lord In case of Surplus, the same to be invested, and from Time to Time ap Out-Pensions. High High Admiral or Commissioners for executing the Office of Lord High -Admiral) in some of the Public Government Stocks, Funds, or Securities, in the Name of the Treasurer of the Navy for the Time being, and shall receive and apply the Dividends arising therefrom in Aid of the Greenwich Out-Pensions; and the said Stocks, Funds, and Securities may be from Time to Time, by the said Treasurer of the Navy, sold, under the like Authority and Direction, and the Produce thereof may be applied in further Aid of future Greenwich Out-Pensions. Treasurer of the Navy to exercise the Powers heretofore exercised by the Treasurer of Greenwich Hospital, and Clerk of the Cheque there, as to Prize Money. XVIII. And be it enacted, That from and after the passing of this Act, the Treasurer of the Navy now and for the Time being shall have and exercise all the Powers and Authorities which by any Act or Acts in Force at the Time of passing this Act are given to the Treasurer of Greenwich Hospital or his Deputy, or to the Clerk of the Cheque of the said Royal Hospital, or which have been heretofore exercised by them respectively, with relation to Naval Prize Money, and to all Grants made to the Royal Navy or Marines, and to all Bounty Monies and Seizures under the Revenue, Colonial, Navigation, or Slave Abolition Laws, and to Droits of Admiralty, and to all other Monies arising from Naval Prize or Capture, and also with relation to the issuing of all Remittance Bills to Collectors of Excise and Customs, or other Persons, for the Payment of Prize Money, and as to all Accounts required of Agents and other Persons, and to all Payments made or required to be made by Agents or others, and with relation to all Matters connected with such Prize and other Monies as aforesaid, in as full and ample Manner as the said Treasurer of Greenwich Hospital or his Deputy, or other Officer as aforesaid, had or could have legally exercised the same; and all Remittance Bills for Payment of Prize Money shall be in such Form, and be signed by such Person, as the Treasurer of the Navy shall appoint. XIX. And be it enacted, That all and every Agent and Agents Prize Agents and Person and Persons who, by any Act in Force at the Time of to continue passing this Act, are required to perform any Duty with relation subject to the Duties imposed to Capture or Prize, shall continue liable to perform such Duty, under the same Penalties for Refusal or Neglect; which Penalties shall and may be enforced by the Treasurer of His Majesty's Navy in as ample a Manner as the Treasurer of Greenwich Hospital or his Deputy, or any other Person or Persons, could have enforced the same. XX. And be it enacted, That the Rules, Orders, Provisions, Regulations as and Regulations contained in any Act now in Force relating to to the Payment the Payment of Prize Money, or other Monies herein-before men- of Prize Money tioned, upon Orders made by the Parties respectively entitled upon Orders. thereto, shall, except as the same may be varied by this Act, continue good, valid, binding, and effectual, save and except that all Certificates heretofore signed or given, or required to be signed or given, upon or with respect to such Orders by the Clerk of the Cheque of Greenwich Hospital, shall hereafter be signed or given by the Treasurer of the Navy for the Time being, or by the Examiner of Prize Accounts at Somerset House, or by such other Person as the Treasurer of the Navy shall by Writing under his Hand appoint to sign or give such Certificates; and wherever by any Act now in Force the Treasurer of Greenwich Hospital or his Deputy upon them. |