6 Service, and to behave themselves in an orderly Manner, if the Council were enabled to establish a Superannuation Fund in each Borough, from which Fund each Police Constable, on the Events hereafter mentioned, shall be entitled to have and receive the Allowance herein-after mentioned, independently of any Payment that may be awarded to him under the Provisions of the Act above mentioned:' 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 it shall be lawful for the Town Council Councils of of any Borough within the Provisions of the said Act, or Boroughs may subsequently incorporated, if it see fit, to declare that a Police establish Police Superannuation Superannuation Fund shall be established in such Borough, and thereupon such Police Superannuation Fund shall be established accordingly, and the Provisions of this Act shall thenceforth be in full Force and Effect. Funds. supported by II. And be it enacted, That there shall be thenceforth Superannuation deducted from the Pay of every Constable belonging to the Funds to be Police Force of such Borough, either as Superintendent or Contributions Head Officer of the Police, or as Inspector, Acting Inspector, of the Police Serjeant, or Private Constable, or Clerk, a weekly Sum, as Force, &c.; nearly as may be equal to One Thirty-sixth Part of his weekly Pay and Emoluments (Clothing excepted), which said Sums shall be so deducted from every Constable holding any such Office, Rank, or Situation respectively, by whatever Name or Title they may respectively be denominated in such Force; which Sums so deducted, and also all Monies accruing from Fines imposed on any of the Constables for Misconduct, and all Monies arising from the Sale of worn or cast-off Clothing supplied for the Use of the Police, and all Monies paid for the Service of Summons or Orders and Execution of Warrants by the Police, shall from Time to Time be paid into a separate Fund of such Borough, to be called the "Police Superannuation Fund;" and such Fund, and the Accounts thereof, shall be kept and to be kept separate from the Borough Fund, but shall be in all respects separate from managed and audited like the other Funds of such Borough, Fund. the Borough and shall be from Time to Time applied in Payment of such Superannuation or Retiring Allowances to Police Constables as herein-after mentioned; (that is to say,) if he shall have Rates of Superserved as Police Constable in the said Police Force for Fifteen annuation or Retiring AllowYears successively as a Private Police Constable, or as Serjeant or Inspector, Acting Inspector, Superintendent, or Head Officer, or any or all of those Ranks, he shall be entitled then to retire on a yearly Superannuation Allowance of an Amount equal to Half his full Pay; but if he shall then be able and willing to continue to serve as a Police Constable, and the Watch Committee shall consent thereto, he shall then receive his full Pay as a Constable from the Borough Fund, and also One Third, but no more, of the above-named Allowance from the Superannuation Fund; and when he shall have served as aforesaid for Twenty Years, he shall be entitled to retire on a yearly II 2 Pension ances. Pension equal to Two Thirds of his full Pay; but if he shall then be able and willing still to serve as a Police Constable, and the Watch Committee shall consent thereto, he shall then receive his Full Pay as a Constable from the Borough Fund, and also One Third Part, and no more, of the said last-named Allowance from the Superannuation Fund; and if at any Time any Police Constable so entitled to a retiring Pension, but receiving a reduced Pension, while continuing to serve as a Constable, shall retire from the Police Force, he shall thenceforth receive the full Pension he would have been entitled to receive had he not continued so to serve: Provided always, that if any Police Constable who shall have served the necesRate of Super Sary Period before Superannuation shall have so served in different Ranks or Capacities, his Superannuation Allowance shall be granted to him for a like Number of Years respectively in which he served in such several Ranks or Capacities, according to the Rate of Pay of each of the said several Ranks or Capacities. If Constable has served in different Ranks, annuation to be regulated accordingly. No Constable to be super III. And be it enacted, That no Police Constable shall be entitled to be superannuated who is under Fifty Years of Age, 50, unless unfit unless he be reported, in Writing, by the Surgeon to the Police Force, to be unfit for further Service in the Force from Infirmity of Body or Mind. for Service. Cases in which by the Watch Committee, of the Police IV. And be it enacted, That if any Party shall have served Superannuation with Diligence and Fidelity in the Police Force for Ten Years may be ordered successively, and from Injury received in the Service, or from Infirmity of Mind or Body, shall become incapable of dischargupon Certificate ing the Duties of his Office, and such last-named Circumstance shall be certified by the Police Surgeon for the Time being, thereupon it shall be lawful for the Watch Committee to order such Constable to be superannuated, and to receive out of the Police Superannuation Fund any Superannuation Allowance which such Watch Committee shall see fit to order, not exceeding Half his full Pay as before mentioned. Surgeon. Constables dis missed or retir ing to forfeit all Claim, but if restored may have Time of former Service allowed. employed in V. And be it enacted, That nothing herein contained shall be construed so as to prevent the Dismissal of any Police Constable, who shall thereupon, or upon his retiring from the said Police Force, forfeit all Claim upon the Superannuation Fund; but if restored to the said Police Force, the Watch Committee may, if it see fit, at any Time make an Order enabling him to have the Time of his former Service reckoned in as Time served in respect of Superannuation, and thereupon it shall be so reckoned accordingly. Monies paid to VI. And be it enacted, That, until the Town Council of such Superannuation Borough shall otherwise direct, the Monics belonging to such Fund to be Superannuation Fund shall be paid over to the Treasurer of aid of Borough the Borough, and employed in aid of the Borough Fund, and Fund, which such Borough Fund shall be liable and answerable for the Amount thereof and of every Part thereof, when and as the same shall become liable under the Provisions hereof, and for all Accumulations and Interest thereon, after the yearly Rate of Five Pounds in the Hundred Pounds; and a separate shall be answerable for the Amount, with Interest. Account 6 vest Monies in Account shall nevertheless continue to be kept and audited, and a Debtor and Creditor Account kept, of all Receipts and Payments made as between the Borough Fund and Police Superannuation Fund: Provided always, that it shall be lawful Power to Town for the Town Council to order the same or any Part thereof to Coil to inbe invested in Government Stock or Real Security in the Name Government of "The Treasurer of the Borough of [here insert the Name Securities; of the Borough] for the Time being;" and immediately upon such Investment, so long as the same shall remain so invested, the Borough Fund shall cease to be liable for the Monies so invested, or any Interest thereon, but the Dividends on such Stock shall from Time to Time be received by such Treasurer, and shall be by him carried to the Credit of such Superannuation Fund; and it shall be lawful for the said Council at any and also to reTime to order the said Treasurer to resell such Funds, and sell and replace place the Produce thereof again in the Borough Fund, subject Borough Fund. to the like Rules as before mentioned. the same in Town Council VII. And be it enacted, That it shall be lawful for the Town Provisions of Council of any Borough, if it see fit, to declare that any Super- this Act, if annuation Fund heretofore established in the Police Force of see fit, to apply such Borough shall, after the passing of this Act, be deemed to to existing be, and the same shall thereupon be, a Superannuation Fund Superannuation under this Act, and shall thereafter be in all respects regulated according to the Provisions hereof. Funds. Town Council may advance VIII. And be it enacted, That in case the Superannuation If Fund shall Fund shall become exhausted, it shall be lawful for the Town be exhausted, Council, if it see fit, to cause Money to be advanced on account thereof out of the Borough Fund by the Treasurer, who Money on acshall thereupon receive the Funds coming to such Superannu- count thereof; ation Fund from Time to Time on account of the Borough Fund, till such Advances shall have been paid off; but if the but if Town Town Council shall decline to make any such Advance, then Council decline the respective Payments to all Parties entitled to Superannua- Superannuation tion from the said Fund shall be reduced pro ratâ, during such Payments to be Time as the said Fund shall be insufficient to pay the whole of reduced pro the Superannuation chargeable thereon in full; but the Amount of such Reductions shall nevertheless be a Charge on the said Fund, payable whenever afterwards the said Fund shall be capable of paying the total Amount thereof to all the said Parties whose Superannuations shall have been so reduced. to advance, ratâ. IX. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, & c. CAP. XV. An Act for the Regulation of Her Majesty's Royal W WHEREAS it is judged necessary for the Safety of the II 3 Lord High may make Ar ticles for the Punishment of Mutiny, Desertion, &c. 6 11 VICT. employed in Her Majesty's Fleet and Naval Service, under the Direction of the Lord High Admiral of the United Kingdom, or the Commissioners for executing the Office of Lord High Admiral aforesaid: And whereas the said Forces may frequently be quartered or be on shore, or sent to do Duty or be on board Transport Ships or Merchants Ships or Vessels, or Ships or Vessels of Her Majesty, or other Ships or Vessels, or they may be under other Circumstances in which they will not be subject to the Laws relating to the Government of Her Majesty's Forces by Sea: And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm by Martial Law, or in any other Manner than by the Judgment of his Peers, and according to the known and established Laws of this Realm; yet nevertheless it being requisite for the retaining of such Forces in their Duty that an exact Discipline be observed, and that Marines who shall mutiny or stir up Sedition, or shall desert Her Majesty's Service, or be guilty of any other Crime in breach of good Order and Discipline, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow :' 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, That it shall be lawful for the said Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral aforesaid, to make, ordain, and establish Rules and Articles of War under the Hand of the said Lord High Admiral, or under the Hands of any Two or more of the said Commissioners, for the better Government of Her Majesty's Royal Marine Forces, and for the Punishment of Mutiny, Desertion, Immorality, Breach of Discipline, Misbehaviour, Neglect of Duty, and any other Offence or Misconduct of which they shall be guilty, in any Place on shore or afloat in or out of Her Majesty's Dominions, or at any Time when or under any Circumstances in which they shall not be amenable to the Laws for the Government of Her Majesty's Ships, Vessels, and Forces by Sea, or to the Discipline of the Royal Navy, which Rules and Articles shall be judicially taken notice of by all Judges and in all Courts whatsoever; and Copies of the same shall, as soon as conveniently may be after the same shall have been made, be transmitted by the Secretary of the Admiralty for the Time being (certified under his Hand) to the Judges of Her Majesty's Superior Courts at Westminster, Dublin, and Edinburgh respectively, and also to the Governors of Her Majesty's Dominions abroad, provided that no Person within the United Kingdom of Great Britain and Ireland or the British Isles shall by such Articles be subject to be transported as a Felon or to suffer any Punishment extending to Life or Limb, except for Crimes which are by this Act expressly made liable to such Transportation or to such Punishment as aforesaid, or shall shall be subject, with reference to any Crimes made punishable by this Act, to be punished in any Manner which shall not accord with the Provisions of this Act. com Offences against former Mutiny Acts and Articles of War. II. And be it enacted, That all Crimes and Offences mitted against any former Act made for the Regulation of the Royal Marine Forces while on shore, or against any of the Rules, Regulations, or Articles of War made and established by virtue of the same, may during the Continuance of this Act be tried, inquired of, and punished in like Manner as if they had been committed against this Act; and every Warrant for holding any Court-martial under any former Act shall remain. in full Force notwithstanding the Expiration of such Act; and all Proceedings of any Court-martial upon any Trial begun under the Authority of such former Act shall not be discontinued by the Expiration of the same: Provided always, that Limitation as no Person shall be liable to be tried and punished for any to Time. Offence against any of the said Acts or Articles of War which shall appear to have been committed more than Three Years before the Date of the Commission or Warrant for such Trial, unless the Person accused, by reason of his having absented himself, or of some other manifest Impediment, shall not have been amenable to Justice within that Period, in which Case such Person shall be liable to be tried at any Time not exceeding Two Years after the Impediment shall have ceased; and provided also, that if any Officer or Marine in any Place beyond the Seas shall commit any of the Offences punishable by Court-martial under this Act, and shall escape and come or be brought into this Realm before he be tried for the same, he shall, when apprehended, be tried for the same as if such Offence had been committed within this Realm. III. And be it enacted, That this Act shall extend to the Act to extend Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the to Jersey, &c. Islands thereto belonging, as to the Provisions therein for enlisting of Recruits, whether Minors or of full Age, and swearing and attesting such Recruits, and for mustering and paying, and to the Provisions for Trial and Punishment of Officers and Marines who shall be charged with Mutiny and Desertion or any other of the Offences which are by this Act declared to be punishable by the Sentence of a Court-martial, and also to the Provisions which relate to the Punishment of Persons who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Clothes, military Furniture, or regimental Necessaries from any Marine or Deserter, or who shall cause the Colour of any such Clothes to be changed; and also to the Provisions for exempting Marines from being taken out of Her Majesty's Service for not supporting or for leaving chargeable to any Parish any Wife or Child or Children, or on account of any Breach of Contract to serve or work for any Employer, or on account of any Debts under Thirty Pounds in the said Islands. IV. And be it enacted, That nothing in this Act contained The ordinary shall be construed to exempt any Officer or Marine from being H 4 Course of Law not to be inter proceeded fered with. |