« PreviousContinue »
any Claim of
as may be expedient under the Circunstances of the Case, for com
pelling a speedy and effe&tual Distribution of the Proceeds. Notice to be VIII. And be it further enacted, That upon every Order for reprinted on
ceiving the Prize Money of a Petty Officer, Seaman. Non-commis. Orders for receiving Prize
fioned Officer of Marines or Marine, the following Words shall be Money. printed or written, before the same Thall be attested; (videlicet),
* Take Norice, that no Prize Money can be received under this • Order, except by an Agent duly licensed, in conformity to the Act
of Parliament of the Forty-ninth Year of King George the Third,
or by.che Wif-, one of the Parents, or Children of the Grantor; • and that every Offence against the said Provision of the above recited
• Act, is punishable as a Misdemeanor.' In Cases where IX. And be it further enacted, That in all Cases in which any
Claim of Prize or Bounty Money thall be made upon any Prize Agent Prize Money
or Prize Agents, accompanied with a Requifition in Writing from the Thall be made, with a Requisition
Clerk of the Cheque of the said Royal Hospital or the Officer for (See Schedule A.) Prizes in the Navy Pay Office, in the Furm in the Schedule to this that such Clair A&t annexed, marked (A.) requiring that such Claim may be either may be satisfied, satisfied, or a Reason assigned for its Disallowance, such Prize Agent or a Reason
or Prize Agents shall either pay the same, or ttate in Writing under alligned, and the Reason assigned
bis or their Hand or Hands the Reason of his or their refuting to co be that such
so, and deliver the same to the Party claiming the faine, and presenting Claim has been Such Requisition; and if the Reason assigned be that such Claim has satisfied, the been already satisfied, the said Agent or Agents fall specify the Name Agent shall
and Place of Abode of the Person or Persons by whom the Amount specify the Name, &c. of
thereof was received, and under what Authority, from the Claimant the Person who or Claimants, and at what Time or Times the same was paid ; and if received it. any fuch Agent or Agents refusing Payment of any such Prize or
Bounty Money, ball omit at the Time of such Claim being made, accompanied by such Requisition as aforesaid, or within Two Days afterwards to give and subscribe such Information as to the Cause of not satisfying such Claim, he or they shall forreit and pay to such Claimant or Claimants Double the Amount of the Sum fo claimed, to be recovered by him, her, or them, with full Colts of Suit in án Action of Debt, whereia it shall be sufficient for the Plaintiff or Plaintiffs to declare against the Defendant or Defendants for so much Money had and received by him or them to and for the Use of such Plaintiff or Plaintiffs; and that Proof of such Claim, and of the Service of such Requisition as is herein-before mentioned, upon such Agent or Agents, Mall be and be deemed sufficient Evidence in Support of any such Action ; any Law, Statute, or Usage to the contrary in any. wife notwithftanding.
X. • And Whereas it is expedient that further Provisions should • be made for a more certain Transmission.co the Treasurer of Green. • wich Hospital, of Accounts of the Produce of Prizes, and of the • Distributions to the Captors, and for more effectuelly enforcing the
! Payment of all Balances in the Hands of Agents to the said Trea. At the End of • furer;' Be it therefore enacted, That every Agent for a Prize or Four Months Prizes, and Person authorized to receive any Bounty Bill or Bills, ball after Day notified and he and they is and are hereby required, at the End of Tour for Distribution, Agents shall pay
Months next after the Day on which Distribucion shall have been over Balance to notified pursuant to the Directions in tbe said Ad contained, to pay Greenwich over all Shares and Balances which shall then remain in his or their Hospital, &c. Hands unpaid and undistributed, to the Treasurer of Greenwich [See 45 G.3. č. 72. $ 80.)
Hospital, or such Person or Persons as he shall appoint or depute to receive the same, and render and verify his and their Accounts in the Manner by the said Ad directed, under the like Penalties for Neglect of Duty as are by the faid A& imposed for regle&tiug to make, render, and verify such Paym:nts and Accounts within Four Months next after the first Dittribution of such Prize and Bounty Monies.
XI. And be it further enacted, That every Prize Agent, shall at Agents shall the same Time that he exhibits or transmits an attefted Copy of the transmit attested detailed Accounts of the Sale of any Prize or Prizes, together with Copies of Acatt Red Copies of all Vouchers to the Courts of Admiralty or Vice and Vouchers, Ad niralty refpe&tively, as directed by the said recited Act, shall, and to Greenwich he is hereby directed and required to transmit another attelted Copy Hospital. of the said detailed Accounts and Vouchers to the Treasurer of the [See 45 G. 3. said Royal Hospital at Greenwich; and every such Agent who Mall “72. $ 67.] neglect or refuse to transmit such laft-mentioned at:efted Copies of Accounts and Vouchers to the said Treasurer, shall forfeit and pay the Sum of five hundred Pounds, to be recovered and applied in Manner herein-after direct d.
XII. And be it further enacted, That the Agent or Agents for Agents of Prizes any Prize or Prizes condemned or to be condemned in the East Indies, condemned in shall
, under the Direction of the Court of Vice Admiralty wherein the East Indies fuch Condemnation shall have passed, on the Application of the De. hall pay unputy to the Treasurer of Greenwich Hospital there resident, and in and Balances luch Manner as in any Order to be made for that Purpose shall be to the Use of specified, remit all unclaimed and forfeited Sharis ard Balances to Greenwich che Treasurer in England, or pay the same over to the said Deputy, Hospital at the Ele&tion of him the said Deputy, so that the same may be paid to the said Treasurer within Twelve Months after the said Agent or Agents shall have exhibited his or their Accounts in such Court of Vice Admiralty as aforesaid, on pain of forfeiting his or their Bond or Bonds given and entered into pursuant to the Directions of the said Act.
XIII. ! And Whereas further Provision is necessary to prevent the - Fabrication of Orders and Certificates entitling Persons to receive • Prize Money due to Seamen and others ;' Be it therefore enacted, That all shares of Prize and Bounty Money due or which shall be- Fur regulating come due to any Pitty Officer, Seaman, Non-commissioned Officer Orders and Cerof Marines, Marine, of Soldier, or any Person rated as a Boy or tificates, for the borne as a Supernumerary in His M-jesty's Naval Service, shall be Receipt of Prize
Money. paid by the Agent or Agents to the Captors (if the Money shall be in his or their Post sion) or the Treasurer of the said Royal Hospital for the Time being or his Deputy, and the Clerk of the Cheque of the faid Royal Hospital for the Time being, or his Chief Clerk (if the same shall have been paid over to the said Treasurer) to the Per. fon entitled thereto, or to any other Person authorized to receive the fame, by any Order in the Form or to the Effee set forth in the Schedule to this Ad annexed, marked (B.) which Order shall specify the Name of the Prize or Prizes distributed or for Distribution, or give such Description thereof as shall be satisfactory to the Person or Per. fons in whole Poffeffion the said Prize or Bounty Money may happen to be, and who Ahall be called upon to pay the same; and if the Capture shall have been upon the Land, the Name of the Piace captured, together with the Name of His Majesty's Ship or Vessel of War on board of which the Person making the Order was serving at the Time
such Prize or Prizes or Capture or Captures was or were made, and the Person making such Order Mall also procure a Certificate in the Form or to the Effret set forth in the said Schedule marked (B.). which Certificate shall contain a full Description of the Person making such Order, and Mall be figned by ine Captain or Commanding Officer on board, and One o' her figning Officer of the Ship or Veffel in which the Person making such Order shall be then serving, if there Mall be more than One such figning Officer ou board or belonging to such Ship or Veffel; and if the Person making such Order shall be discharged from the Service, and shail be refidert at any Port or Piace at which a Deputy to the Treasurer of the said Royal Hospital shall be appointed, then such Crtificate, specifying the Particulars before mentioned, shall be fined by such Deputy; and if the Person making such Order shall reside within Four Miles of the said Royal Hospital, then the said Certificate shail be figned by the Clerk of the Checque of the said Royal Hospital, or his Chief Clerk; and if at any other Place within the Bills of Mortality. then the same thall be signed by the Officer for Prizes in the Navy Pay Office, or his Afilant; and if at any Place in England at which no Deputy to the Trealurer of the said Royal Hospital shall be appointed, and not being within the Bills of Mortality, or within Four Miles of the said Royal Hospitai, then such Certificate, specifying the Particulars before mentioned, shall be figoed by the Minilter and One o! the Church wardens; and if in Scotland, by the Minister and One of the Elders of the Parish or Place in which such Person shall relide at the Time of making such Order; and if the Person making such Order shall be a Non-com. mifiioned Officer of Marines, or a Marine, at Head Quarters, then fuch Certificate, specifying the Particulars before mentioned, shall be figned by the Colonel or Commanding Officer for the Time being, and the Adjstant of the Division of Marines to which such Person so making such Order shall at the Time belong; and if the Person making such Order shall be on Shore at Sick Quarters, then Tuch Certificate, specifying the Particulars before-mentioned, shall be signed by the Surgeon at fuch Sick Quarters and One of his Alitants, which Certificate shall be written or printed on the fame Paper containing such Order, and which Order and Cortificate being presented together, and the faid Order being pard, sich Order and Certificate Shall remain with the Agent or Agents to the Captors, or the Trea
surer of the said Royal Hospital or his Deputy, paying the same: All Onilers Provided always, that every such Order, as above described, shall revokeable. be revokeable at Pleasure by the Person making the same : Provided No Orders valid also, that no such Order shall be vaiid to authorize che Rrceint of any where the Party Prize Money or Bounty Moncy which shall be in course of Payinent entitled is or Distribution, if the Party making such Order shall be then religing resdent.
or dwelling within the Ditance of Five Miles from the place where such Prize Money or Bounty Money shall be payable ; and if any Agent or Agents for Prizes fhall pay or cause to be paid any Share of Prize Money or Bounty Money to any person or Persons, upon any Order made within that Ditance of the Place where such Prize Money or Bounty Money fall be payable, such Prize Money or Bounty Money being in course of Diltribution at the Time of making such Order, such Payment shall be void to all Intents and Purposes; and the Agent or Agents making the fame shall forfeit the Sum of Five hundred Pounds, to be recovered with full Costs of Şuit, and
applied in such Manner respectively as is herein-after mentioned ; and Forging Orders if any Person or Persons Thall falsely make, forge, or counterfeit, or
Felony without caufe or procure any other Person or Persons falsely to make, forge, Clergy. or counterfeit, or shall willingly act or assist in the false making, forging, or courterfeiting any such Order or Certificate as above specifi-d, or shail utrer or publish as true any such false, forged, or coun. terfeited Order or Certificate, knowing the fame to he false, forged, or counterfeited, with Intent to defraud any Person or Persons, or any Corporatior, every such Person being thereof lawfully convicted, shall be deemed guilty of Felony, and shall suffer Death as a Felon without Benefit of Clerzy.
XIV. And be it further enacted, That if any person shall infert Altering Orders, or cause to be inserted in any Order or Authority for receiving Prize Misdemeanor. Money, after Atteftation thereof as herein-before directed, the Name of any Prize or Brunty Money, other than what shall have been ori. ginally expressed in the said Order or Authority when the same Mall have been attefted, the faid Person shall for every such Offence be deemed guilty of a Misdemeanor, and be punish:d accordingly. “ Orders or Powers of Attorney, heretofore made under 43 G. 3.
160. or any ocher A'êts now repealed, shall become void unless " they are made tó a Wife, Child, Father, Mother, Grandfather, “ Grasd:nother, Brother, Sitter, Uncle, Auni, Nephew, or Niece “ of the Party giving the Order. $15.
XVI. · And Whereas it hath been deemed expedient that the Pro. • visions contained in the said recited A&, respecting the unclaimed • and unpaid Shares of Soldiers serving in any conjunct Expedition • with His Majesty's Naval Forces, should be explained and amended, " and that several of the other Provilions contained in the same Act, • and allo of those herein contained, should be extended to or in favour
of the Royal Hospital at Cheljea, and for the Benefit of the Officers
and Soldiers of His Majetty's Army, Royal Artillery, Provincial, • Black, and ail other Troops in the Pay of His Majesty, in cases
of conjunct Expeditions of the Army and Navy;' Be it therefore enacted by the Authority aforesaid, That all unclaimed and unpaid Unclaimed Shares of P-ize or Bilances remaining unpaid to Officers and Soldiers Shares, &c. of
Officers and of the Army, Royal Artillery, Provincial, Black, and all other
Soldiers in the Troops in the Pay of His Majesty, in Cases of such conjunct Ex- Army, in cafes peditions as aforesaid, shall be paid to the Treasurer or Deputy of conjunct Treaturer for the Time being of Chelsea Hospital, within Four Expeditions, Minths next after the Day on which Dillribution thereof shall be thall be paid to notified pursuant to this Act, subject nevertheless to be refunded to Chelsea Hospita
the Treasurer of any Individual entitled to the famr, and eltablishing, his Claim thereto, and several Bene within Six Years after such Payment thereof; and that such of the fits of faid A& fame Shares or Balances as shall not be legally demanded within the 45 G.3. c.72 fa'd Term of Six Years, and also the Shares of Prize of all such Oli extended to cha cers and Soldiers as shall be marked in the Books of any Regiment or
said Hospital. Corps in the Service of His Majefty, his Heirs or Succeitors, as having det:rted therefrom, shall be forfeited to and to the Use of Chelsea Hospital aforesaid, unless fuch Soldiers 'as thail have deserted shall be rettored by His Majetty's Proclamation, or otherwise pardoned; and unless with respect to che Shar-s of such Officers and Soldiers as shall not be claimed within the said Period of Six Years, reasonable Cause Ahall be shewn to and allowed by the Commiftioners for managing the
Affairs of the said Hospital, or by the Judge of the High Court of Admiralty, why such laut mentioned Shares were not claimed in due Time; and that it fall be lawful for the said last mentioned Treasurer or his Deputy to compel the Agents for the Army to bring in the Proceeds of the Sales of Prizes into Court, and to enforce Distribu, tion thereof, and to exhibit and verify their Accounts, and pay over the Balances thereof, in like, Manner and by the like Means and Methods as the Treasurer of the Navy, the Treasurer of Greenwick Hospital, or any Captors, is or are by the said recited Act or this present Ad, or any other Law, empowered to compel the bringing in of Proceeds and enforcing Distribution thereof, and the Production and Verification of Accounts and Payment of unclaimed Shares and Balanced by the Naval Prize Agenti, and under and subject to the same or the like Penalties or Forfcitures for every Refusal or Neglect in the Premises, as they are liable to in respect of any Shares, Balances, and Accounts, directed by the said recited Act to be paid or produced
to the Treasurer or Deputy Treasurer of Greenwich Hospital. In conjunét XVII. And be it further enacted, T'nat in all Cases of such conExpeditions, junet Expeditions as aforesaid, the Regiftrars of every Vice Admiralty Regiftrars of
Court shall transmit to the Treasurer or Deputy Treasurer of Chelsea Vice Admiralty Hospital, to be registered there, such Lifts of Prizes, and other transmit to
Particulars and Documents relating thereto, and also fuch Copies of Treasurer of Entries jo their Books relative to any Matters in which the Officers Chelsea Hospital and Soldiers of the Army shall be concerned or interested, and of Lits of Prizes, Letters of Attorney of Oficers and Soldiers in the Army regiftered &c.
in their Courts, as they are hereby directed to transmit to the Trea; surer of Greenwich Hospital, and at the same Times, and under the same Penalties for Negleas therein respectively; and that true Copics of such Letters of Attorney, so to be transmited and regiftered, thall be Evidence of Agency in like Manner as in the said recited A& iş mentioned in that Behalf, respeting the Copies transmitted to and
resistered by the Treasurer of Greenwich Hospital. Judges of XVIII. And be it further enacted, That in all Cases of such Admiralty Courts conjune Expeditions as aforesaid, it shall be lawful for the Judge of Shall adopt the like Measures
Vice Admiralty Court, in all cases of Condamnation, where
any in favour of
there is no Claimant or Appelant before the Court, and for the Judge Chelíca as
of the High Court of Admiralty, in all Cases where any Sentence Greenwich of Conde nation pronounced in that Court is appealed from, to adopt Hospital ; such Measures and Procedings in favour or on behalf of Chelsea Hof.
pital, respecting the Proceeds of all Prizes in which the Officers and transmit Notices Soldiers of the Army employed in such Expeditions shall be interested, o. Condemnation to Chelsea
as the said Judges reípeciively are by the said recited Act autho:ized Hospital.
to adopt in favour or on behalf of Greenwich Hospital; and that every Agent resident in the United Kingdom Thall, within Six Wecks after any Condemnation in the said High Court of Admiralty, transmit fuch Notice to the Treasurer or Deputy Treasurer of Che'fea Hospital, as he is directrd by the said recited' Ad to transmit to the Treasurer of Greenwich Hospital, and under the same Penalty for every
Neglect in chat Behalf. Agents shall XIX. And be ft further enacted, That in all Cases of such con. deliver Motif ju: ct Expeditions as aforesaid, the Persons or Agents appointed as cations of Distri- herein is mentioned or referred to, for tlic Payment of the Shares of bution of Prices, Prizes, shall after the Sale or Sales of any Prize or Prizes taken or &c. for Chelsea Hurpital. to be taken upon any of such Expeditions, deliver to the Collector,