Notice to be printed on Orders for receiving Prize Money. In Cafes where or a Reafon affigned, and the At the End of after Day notified as may be expedient under the Circumftances of the Cafe, for compelling a fpeedy and effectual Diftribution of the Proceeds. VIII. And be it further enacted, That upon every Order for receiving the Prize Money of a Petty Officer, Seaman. Non-commif. fioned Officer of Marines or Marine, the following Words fhall be printed or written, before the fame fhall be attefted; (videlicet), Take Notice, that no Prize Money can be received under this Order, except by an Agent duly licenfed, in conformity to the A& of Parliament of the Forty-ninth Year of King George the Third, or by the Wife, one of the Parents, or Children of the Grantor and that every Offence against the said Provifion of the above recited Act, is punishable as a Misdemeanor.' IX. And be it further enacted, That in all Cafes in which any Claim of Prize or Bounty Money fhall be made upon any Prize Agent or Prize Agents, accompanied with a Requifition in Writing from the Clerk of the Cheque of the faid Royal Hofpital or the Officer for Prizes in the Navy Pay Office, in the Form in the Schedule to this A&t annexed, marked (A.) requiring that fuch Claim may be either fatisfied, or a Reafon affigned for its Difallowance, fuch Prize Agent or Prize Agents fhall either pay the fame, or ftate in Writing under bis or their Hand or Hands the Reafon of his or their refuting to co fo, and deliver the fame to the Party claiming the fame, and prefenting fuch Requifition; and if the Reafon affigned be that fuch Claim has been already fatisfied, the faid Agent or Agents fhall fpecify the Name and Place of Abode of the Perfon or Perfons by whom the Amount thereof was received, and under what Authority, from the Claimant or Claimants, and at what Time or Times the fame was paid; and if any fuch Agent or Agents refufing Payme: t of any fuch Prize or Bounty Money, fall omit at the Time of fuch Claim being made, accompanied by fuch Requifition as aforefaid, or within Two Days afterwards to give and fubfcribe fuch Information as to the Cause of not fatisfying fuch Claim, he or they fhall forfeit and pay to fuch Claimant or Claimants Double the Amount of the Sum fo claimed, to be recovered by him, her, or them, with full Cots of Suit in an Action of Debt, wherein it fhall be fufficient for the Plaintiff or Plaintiffs to declare against the Defendant or Defendants for fo much Money had and received by him or them to and for the Ufe of fuch Plaintiff or Plaintiffs; and that Proof of such Claim, and of the Service of fuch Requifition as is herein-before mentioned, upon fuch Agent or Agents, fhall be and be deemed fufficient Evidence in Support of any fuch Action; any Law, Statute, or Ufage to the contrary in any. wife notwithstanding. X. And Whereas it is expedient that further Provifions fhould be made for a more certain Tranfmiffion.to the Treasurer of Greenwich Hofpital, of Accounts of the Produce of Prizes, and of the Diftributions to the Captors, and for more effectually enforcing the Payment of all Balances in the Hands of Agents to the faid Trea. furer;' Be it therefore enacted, That every Agent for a Prize or Prizes, and Perfon authorized to receive any Bounty Bill or Bills, hall and he and they is and are hereby required, at the End of Four Months next after the Day on which Diftribution fhall have been notified pursuant to the Directions in the faid Act contained, to pay over all Shares and Balances which fhall then remain in his or their Hands unpaid and undiftributed, to the Treasurer of Greenwich Hofpital, Hofpital, or fuch Perfon or Perfons as he fhall appoint or depute to receive the fame, and render and verify his and their Accounts in the Manner by the faid A&t directed, under the like Penalties for Neglect of Duty as are by the faid Act impofed for reglecting to make, render, and verify fuch Payments and Accounts within Four Months next after the firft Diftribution of such Prize and Bounty Monies. Copies of Acand Vouchers, to Greenwich Hofpital. counts of Sale, XI. And be it further enacted, That every Prize Agent, fhall at Agents fhall the fame Time that he exhibits or tranfmits an attefted Copy of the tranfmit attefted detailed Accounts of the Sale of any Prize or Prizes, together with att-fed Copies of all Vouchers to the Courts of Admiralty or Vice Admiralty refpectively, as directed by the faid recited Act, fhall, and he is hereby directed and required to tranfmit another attefted Copy of the faid detailed Accounts and Vouchers to the Treasurer of the faid Royal Hofpital at Greenwich; and every fuch Agent who fhall neglect or refufe to transmit fuch laft-mentioned at efted Copies of Accounts and Vouchers to the faid Treasurer, fhall forfeit and pay the Sum of Five hundred Pounds, to be recovered and applied in Manner herein-after direct d. [See 45 6.3. 72. § 67.] 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 Eaft Indies, condemned in fhall, under the Direction of the Court of Vice Admiralty wherein the East Indies fhall pay unfuch Condemnation fhall have paffed, on the Application of the Declaimed Shares puty to the Treafurer of Greenwich Hofpital there refident, and in and Balances fuch Manner as in any Order to be made for that Purpose fhall be to the Ufe of fpecified, remit all unclaimed and forfeited Shares and Balances to Greenwich the Treasurer in England, or pay the fame over to the faid Deputy, Hofpital at the Election of him the faid Deputy, fo that the fame may be paid to the faid Treasurer within Twelve Months after the faid Agent or Agents fhall have exhibited his or their Accounts in fuch Court of Vice Admiralty as aforefaid, on pain of forfeiting his or their Bond or Bonds given and entered into pursuant to the Directions of the faid A&. XIII. And Whereas further Provifion is neceffary to prevent the Fabrication of Orders and Certificates entitling Perfons to receive Prize Money due to Seamen and others;' Be it therefore enacted, That all Shares of Prize and Bounty Money due or which fhall be- For regulating come due to any Petty Officer, Seaman, Non-commiffioned Officer Orders and Cerof Marines, Marine, or Soldier, or any Perfon rated as a Boy or tificates, for the borne as a Supernumerary in His Majefty's Naval Service, fhall be Receipt of Prize paid by the Agent or Agents to the Captors (if the Money fhall be Money. in his or their Poff: ffion) or the Treasurer of the said Royal Hofpital for the Time being or his Deputy, and the Clerk of the Cheque of the faid Royal Hofpital for the Time being, or his Chief Clerk (if the fame fhall have been paid over to the faid Treasurer) to the Perfon entitled thereto, or to any other Perfon authorized to receive the fame, by any Order in the Form or to the Effect set forth in the Schedule to this Act annexed, marked (B.) which Order shall specify the Name of the Prize or Prizes diftributed or for Diftribution, or give fuch Defcription thereof as fhall be fatisfactory to the Perfon or Perfons in whofe Poffeffion the faid Prize or Bounty Money may happen to be, and who fhall be called upon to pay the fame; and if the Capture shall have been upon the Land. the Name of the Place captured, together with the Name of His Majefty's Ship or Veffel of War on board of which the Perfon making the Order was ferving at the Time Mm 3 fuch All Orders revokeable. No Orders valid where the Party entitled is refident. fuch Prize or Prizes or Capture or Captures was or were made, and the Perfon making fuch Order fhall alfo procure a Certificate in the Form or to the Effect fet forth in the faid Schedule marked (B.). which Certificate fhall contain a full Defcription of the Perfon making fuch Order, and fhall be figned by the Captain or Commanding Officer on board, and One other figning Officer of the Ship or Veffel in which. the Perfon making fuch Order shall be then ferving, if there fhall be more than One fuch figning Officer on board or belonging to fuch Ship or Veffel; and if the Perfon making fuch Order shall he difcharged from the Service, and fhail be refident at any Port or Piace at which Deputy to the Treafurer of the faid Royal Hospital shail be appointed, then fuch Certificate, fpecifying the Particulars before mentioned, fhall be fined by fuch Deputy; and if the Perfon making fuch Order fhall refide within Four Miles of the faid Royal Hofpital, then the faid Certificate fhall be figned by the Clerk of the Checque of the faid Royal Hofpital, or his Chief Clerk; and if at any other Place within the Bills of Mortality. then the fame fhall be figned by the Officer for Prizes in the Navy Pay Office, or his Affiftant; and if at any Place in England at which no Deputy to the Treasurer of the faid Royal Hofpital fhall be appointed, and not being within the Bills of Mortality, or within Four Miles of the faid Royal Hofpital, then fuch Certificate, fpecifying the Particulars before mentioned, shall be figned by the Minitter and One of the Churchwardens; and if in Scotland, by the Minister and One of the Elders of the Parish or Place in which fuch Perfon fhall refide at the Time of making fuch Order; and if the Perfon making fuch Order fhall be a Non-commiffioned Officer of Marines, or a Marine, at Head Quarters, then fuch Certificate, fpecifying the Particulars before mentioned, fhall be figned by the Colonel or Commanding Officer for the Time being, and the Adjutant of the Divifion of Marines to which fuch Perfon fo making fuch Order fhall at the Time belong; and if the Perfon making fuch Order fhall be on Shore at Sick Quarters, then fuch Certificate, fpecifying the Particulars before-mentioned, fhall be figned by the Surgeon at fuch Sick Quarters and One of his Affittants, which Certificate fhall be written or printed on the fame Paper containing fuch Order, and which Order and Certificate being prefented together, and the faid Order being pud, fuch Order and Certificate fhall remain with the Agent or Agents to the Captors, or the Trea. furer of the faid Royal Hofpital or his Deputy, paying the fame: Provided always, that every fuch Order, as above defcribed, fhall be revokeable at Pleafure by the Perfon making the fame: Provided alfo, that no fuch Order shall be valid to authorize the Receipt of any Prize Money or Bounty Money which fhall be in courfe of Payment or Distribution, if the Party making fuch Order fhall be then refiding or dwelling within the Ditance of Five Miles from the Place where fuch Prize Money or Bounty Money fhall be payable; and if any Agent or Agents for Prizes fhall pay or caufe to be paid any Share of Prize Money or Bounty Money to any Perfon or Perfons, upon any Order made within that Didance of the Place where fuch Prize Money or Bounty Money fhall be payable, fuch Prize Money or Bounty Money being in courfe of Diftribution at the Time of making. fuch Order, fuch Payment fhall be void to all Intents and Purpofes; and the Agent or Agents making the fame fhall forfeit the Sum of Five hundred Founds, to be recovered with full Cofts of Suit, and applied and Certificates, Felony without Clergy. applied in fuch Manner refpe&tively as is herein-after mentioned; and Forging Orders if any Perfon or Perfons fhall falfely make, forge, or counterfeit, or caufe or procure any other Perfon or Perfons falfely to make, forge, or counterfeit, or fhall willingly act or affift in the falfe making, forging, or courterfeiting any fuch Order or Certificate as above fpecifi-d, or fhail utter or publish as true any fuch falfe, forged, or counterfeited Order or Certificate, knowing the fame to he falfe, forged, or counterfeited, with Intent to defraud any Perfon or Perfons, or any Corporation, every fuch Perfon being thereof lawfully convicted, fhall be deemed quilty of Felony, and fhall fuffer Death as a Felon without Benefit of Clergy. XIV. And be it further enacted, That if any Perfon fhall infert Altering Orders, or cause to be inferted in any Order or Authority for receiving Prize Miidemeanor. Money, after Atteftation thereof as herein-before directed, the Name of any Prize or Bounty Money, other than what fhall have been ori ginally expreffed in the faid Order or Authority when the fame shall have been attefted, the faid Perfon fhail for every such Offence be deemed guilty of a Mifdemeanor, and be punished accordingly. "Orders or Powers of Attorney, heretofore made under 43 G. 3. 66 C. 165. or any other Acts now repealed, fhall become void unlefs "they are made to a Wife, Child, Father, Mother, Grandfather, "Grandmother, Brother, Sitter, Uncle, Auat, Nephew, or Niece of the Party giving the Order. § 15. XVI. And Whereas it hath been deemed expediert that the Pro• vifions contained in the faid recited A&t, refpecting the unclaimed ⚫ and unpaid Shares of Soldiers ferving in any conjunct Expedition with His Majefty's Naval Forces, fhould be explaited and amended, ⚫ and that feveral of the other Provilions contained in the fame Act, and also of those herein contained, fhould be extended to or in favour of the Royal Hofpital at Cheljea, and for the Benefit of the Officers and Soldiers of His Majesty's Army, Royal Artillery, Provincia', Black, and all other Troops in the Pay of His Majesty, in cafes of conjunct Expeditions of the Army and Navy;' Be it therefore enacted by the Authority aforefaid, That all unclaimed and unpaid Unclaimed Shares of Prize or Balances remaining unpaid to Officers and Soldiers Shares, &c. of of the Army,, Royal Artillery, Provincial, Black, and all other Troops in the Pay of His Majefty, in Cafes of fuch conjun& Expeditions as aforefaid, fhall be paid to the Treafurer or Deputy Treaturer for the Time being of Chelfea Hofpital, within Four Months next after the Day on which Diftribution thereof shall be notified pursuant to this Act, fubject nevertheless to be refunded to any individual entitled to the fame, and establishing his Claim thereto, within Six Years after fuch Payment thereof; and that fuch of the fame Shares or Balances as fhall not be legal'y demanded within the fa'd Term of Six Years, and alfo the Shares of Prize of all fuch Officers and Soldiers as fhall be marked in the Books of any Regiment or Corps in the Service of His Majetty, his Heirs or Succellors, as having deferted therefrom, fhall be forfeited to and to the Ufe of Chelsea Hofpital aforefaid, unless fuch Soldiers as fhail have deferted fhall be restored by His Majetty's Proclamation, or otherwife pardoned; and uniefs with refpect to the Shares of fuch Officers and Soldiers as fhall not be claimed within the faid Period of Six Years, reasonable Cause hall be fhewn to and allowed by the Commiffioners for managing the Affairs Mm 4 Officers and Soldiers in the Army, in cafes of conjunct Expeditions, fhall be paid to Chelsea Hofpita and several Bene fits of faid Act 45 G. 3. c.72 extended to th faid Hofpital. the Treasurer of In conjunct Chelsea Hofpital &C. Judges of tranfmit Notices Hofpital. Agents fhall deliver Notifi A.D. 1809. Affairs of the faid Hoípital, or by the Judge of the High Court of Admiralty, why fuch lat mentioned Shares were not claimed in due Time; and that it fhall be lawful for the faid 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 Greenwich Hofpital, or any Captors, is or are by the faid recited Act or this prefent Act, or any other Law, empowered to compel the bringing in of Proceeds and enforcing Diftribution thereof, and the Production and Verification of Accounts and Payment of unclaimed Shares and Balances by the Naval Prize Agents, and under and fubject to the fame or the like Penalties or Forfeitures for every Refusal or Negle& in the Premifes, as they are liable to in refpect of any Shares, Balances, and Accounts, directed by the faid recited Act to be paid or produced to the Treasurer or Deputy Treasurer of Greenwich Hofpital. XVII. And be it further enacted, That in all Cafes of fuch conjun& Expeditions as aforesaid, the Regiftrars of every Vice Admiralty Court fhall tranfmit to the Treasurer or Deputy Treasurer of Chelsea Hofpital, to be registered there, fuch Lifts of Prizes, and other Particulars and Documents relating thereto, and also fuch Copies of Entries in their Books relative to any Matters in which the Officers and Soldiers of the Army fhall be concerned or interefted, and of Letters of Attorney of Officers and Soldiers in the Army registered in their Courts, as they are hereby directed to tranfmit to the Trea, furer of Greenwich Hofpital, and at the fame Times, and under the fame Penalties for Neglects therein refpectively; and that true Copies. of fuch Letters of Attorney, fo to be tranfmitted and registered, thail be Evidence of Agency in like Manner as in the faid recited Act is mentioned in that Behalf, refpecting the Copies tranfmitted to and retered by the Treasurer of Greenwich Hospital. XVIII. And be it further enacted, That in all Cafes of fuch conjun& Expeditions as aforefaid, it fhall be lawful for the Judge of any Vice Admiralty Court, in all Cafes of Condemnation, where there is no Claimant or Appellant before the Court, and for the Judge of the High Court of Admiralty, in all Cafes where any Sentence of Concenation pronounced in that Court is appealed from, to adopt fuch Measures and Procedings in favour or on behalf of Chelsea Hofpital, refpecting the Proceeds of all Prizes in which the Officers and Soldiers of the Army employed in fuch Expeditions fhall be interested, as the faid Judges refpectively are by the faid recited Act authorized to adopt in favour or on behalf of Greenwich Hofpital; and that every Agent refident in the United Kingdom fhall, within Six Weeks after any Condemnation in the faid High Court of Admiralty, tranfmit fuch Notice to the Treasurer or Deputy Treasurer of Che'fea Hofpital, as he is directed by the faid recited Act to tranfmit to the Treasurer of Greenwich Hospital, and under the fame Penalty for every Neglect in that Behalf. XIX. And be it further enacted, That in all Cafes of fuch conju & Expeditions as aforefaid, the Perfons or Agents appointed as cations of Distri- herein is mentioned or referred to, for the Payment of the Shares of bution of Prizes, Prizes, fhall after the Sale or Sales of any Prize or Prizes taken or to be taken upon any of fuch Expeditions, deliver to the Collector, Comptroller, &c. for Chelfea Hufpital. |