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drawing his application on the payment of a fee of 31. 3s.
within 30 days after receiving that notice.

7. If the applicant shall not withdraw his application and
pay the above fee within that period the decision will be
considered final, and the commutation of pension will take
place absolutely.

7 Geo. IV.,
c. 16, sec. 10.

Book J,

p. 59.

(p.) Pensions of Soldiers.'

The grant of pensions is made by the Commissioners of
Chelsea Hospital, under the powers of 7 Geo. IV., c. 16. The
sections which have special reference to the duties of the
Secretary at War are these:-

orders in force

Every soldier who shall become entitled to his discharge Soldiers disby reason of the expiration of any period of service fixed in any ch be entitled charged, &c., orders and regulations made by His Majesty in that behalf, or to pensions shall have been discharged by reason of being an invalid, under the reor disabled, or having been wounded, shall thereupon be gulations and entitled (except in the cases hereinafter mentioned of admission at the time of into either of the said hospitals at Chelsea or Kilmainham, or their enlistexpulsion therefrom) to receive such pension, allowance, or ment. relief, as shall have been fixed in any orders or regulations made by His Majesty in relation to such cases respectively and in force at the time of his enlistment, and for the payment whereof money shall have been voted by Parliament; and every such soldier shall receive the same under the provisions of this Act, or any rules or regulations made in pursuance thereof by the said commissioners of the said hospital at Chelsea as aforesaid.

3

1 See also pp. 132 and 133, post., and the History, Vol. I., pp. 70 and 353.
2 Their History, see Vol. II., p. 275.

3 This Act incorporates and amends the provisions of Mr. Windham's Act of
1806 (46 Geo. III., c. 69), and is, like the 51 Geo. III., c. 103, an enabling
statute. In May 1873 the Law Officers wrote: "The only power which the
Crown has under the Act is to issue Warrants defining the pensions to be paid
to soldiers enlisted from time to time. No Warrant can, we think, grant a pension
to a soldier of a different amount from that to which he would have been entitled
under the Warrant in force at the time of his enlistment." See also Books I.,
p. 868; J., p. 571; L., p. 420. In February 1874 this further question was put to
the Law Officers :-" Whether it is within the power of the Crown to regulate by
warrant at its pleasure the application of moneys voted by Parliament for soldiers'
pensions, so long as no soldier receives less than was offered by the warrants in force
at the date of his enlistment." Who wrote thus-"We think that the question
proposed (explained as it has been by the Solicitor to the War Department, whom
we have seen in conference) must be answered in the negative. The moneys out
of which it is contemplated that the increased pensions granted by the supposed
warrants should be satisfied, are, as we understand, moneys voted by Parliament,
and which happen to be in excess of moneys required to meet pensions, to which
under the Statutes soldiers are entitled; and it appears to us that, having regard to
the provisions of the Statutes for laying the estimates of the amount required for
pensions before Parliament, and the practice of Parliament in voting moneys to be
appropriated for the payment of pensions, any such excess is not properly applicable
to the payment of increased pensions which Her Majesty might desire to confer.

Regulations as Provided always that all orders and regulations from time 7 Geo. IV., to discharge, to time made by His Majesty, in relation to the discharge of c. 16, sec. 11. and estimates soldiers after the expiration of any periods of service, and also

pensions, &c.,

for pensions, in relation to any pension, allowance, or relief, to any discharged

&c., to be annually laid

before Pariia

ment.

The alteration of regulations not to affect claims previously existing.

Commis sioners of

pital em

powered, in case of frauds or misconduct,

to take away or refuse pen

sions.

or invalid, disabled, or wounded soldiers, shall annually be laid
before Parliament, and that estimates of the amount of all such
pensions, allowances, and relief, and of all contingent expenses
and charges relating to the payment, control, and management
thereof, shall also be annually laid before Parliament.

Provided always that every soldier enlisted under any orders Ibid, sec. 12.
or regulations in force at the passing of this Act shall hence-
forth remain entitled to all the benefit of all the provisions con-
tained in all such orders and regulations made by His Majesty
as shall have been or were in force at the time of his so
enlisting, notwithstanding such orders or regulations may be
hereafter altered, varied, or annulled, and new orders or regula-
tions made in lieu thereof, and notwithstanding this Act or
anything herein contained to the contrary thereof.

By the 13th section the Commissioners are empowered, upon Пbid, sec. 13. Chelsea Hos- complaint and proof to their satisfaction being made to them of any fraud, with respect to the claiming, obtaining, or receiving of any pension or other money from the said hospital at Chelsea, or through the Commissioners or Governors of Kilmainham Hospital, or of other gross misconduct attempted or practised by any person being a pensioner, entitled or claiming to be a pensioner of the said Royal Hospital, to suspend or take away the pension, or altogether reject, object to, or refuse the title or claim to pension of the person so offending, and to issue to the paymaster of out-pensions of the said hospital at Chelsea a notice in writing, under the hand of the secretary, of any pension being so suspended or taken away; and upon the said notice being issued to the said paymaster of pensions he shall suspend the payment of the pension therein mentioned, according to the tenor of the said notice; anything in any other Act or herein contained to the contrary thereof in any wise notwithstanding.

Commis

sioners em powered to expel inpensioners guilty of

And by the 14th section, as often as occasion shall arise, to Ibid, sec. 1 remove and expel from the said hospital at Chelsea any inpensioner of the said hospital convicted of any felony or misdemeanor, or who shall in any way misconduct himself, so as to render him undeserving, in the judgment of the said Commisconducting missioners to be continued any longer a pensioner of the said themselves. hospital at Chelsea.

offences or

Commissioners of

The commutation' of Chelsea pensions is permitted with the 11 Geo. IV., & Cheisen Hos- sanction of the Secretary at War by 11 Geo. IV. & 1 Will. IV., 1 Will. IV., pital may e. 41, which enacts by sec. 2 that the Commissioners may and e. 41, sec. 2. commute the shall give to any non-commissioned officer or soldier entitled to out-pension from the said royal hospital, who shall be desirous

annual per

sion of out

pensioners desirous of

1 As to this see Vol. II. pp. 283 and 448.

11 Geo. IV.

c. 41, sec. 4.

Great Britain

All claim for annual pen

of living out of Great Britain and Ireland, and who shall be living out of
recommended for that purpose by any order of His Majesty, and Ireland.
signified to the said Commissioners by the Secretary at War, a How commu-
sum of money not exceeding in amount four years pension, as a tation money
commutation or equivalent in gross for all annual pension to to be paid.
which such non-commissioned officer or soldier might otherwise
be entitled; and the money so to be paid as an equivalent or sion to cease
commutation for pension shall be paid out of any money voted after com-
for or applicable to the payment of pensions under the manage-
ment of the said Commissioners of Chelsea Hospital; and the
receipt of the person receiving such commutation or equivalent,
or other proof of his having accepted an equivalent or commuta-
tion in gross in lieu of such annual pension, shall be a full
discharge for the sum so paid, and shall be a release and
abandonment of all claims to any future or other payment of
pension whatsoever.

mutation,

sioners of Chelsea Hos

Pensions forfeited may be restored by the Commissioners, Commis& 1 Will. IV., with the consent of the Secretary at War, in all cases in which it may be deemed expedient to restore any non-commissioned pital may officer or soldier who shall have been convicted of felony, and restore persons thereby forfeited his pension, either to his original pension or to convicted of any less rate of pension.

3 & 4 Will.IV., c. 29.

2 & 3 Vict.,

In 1833 the grant and payment of pensions theretofore granted and paid by the Ordnance Board' were transferred to the Chelsea Commissioners.

In 1839 "an Act to regulate the payment and assignment in certain cases of pensions granted for service in Her Majesty's Army, Navy, Royal Marines, and Ordnance," was passed, which enacts as follows:

felony to

pensions.

mission of

When relief shall be given to any person entitled to or in Guardians c. 51, sec. 2. receipt of any army or naval pension, or any superannuation may require or other allowance in respect of his service in the army, navy, f the payment marines, or ordnance, or any other branch of the military service, be made to or in any civil branch of the army, navy, marines, or ordnance, them for relief or to his wife, or to any person whom he may be liable to main- given by adtain, by admission of such pensioner, his wife, or person, into pensioners the workhouse of any union or parish, it shall be lawful for the into the workguardians of such union, by minute, in the form in the schedule house. to this Act annexed marked (A) with respect to any pension payable at Chelsea Hospital, or payable out of any funds intrusted to the Commissioners of Chelsea Hospital for the payment of pensions, and in the form in the schedule to this Act marked (B) with respect to any Greenwich out-pensions, and in the form in the schedule to this Act marked (C) with respect to any other of the before-mentioned pensions, superannuation, or allowance, to require that the next payment which shall become due of such pension or allowance shall be made to such guardians, who shall transmit a copy of such

1 For the History of the Board, see Vol. II., chap. 20.

Authorizing

pension in

certain cases.

minute, attested by their clerk, at least one month before such
payment shall become due, and addressed, as to pensions or
allowances payable at Chelsea Hospital or by the Commissioners
of the said hospital, to the Secretary of Chelsea Hospital, with
the words "Chelsea pension" written thereon, and as to
Greenwich out-pensions to the Paymaster-General, Out-pension
Office, Tower Hill, with the words "Greenwich out-pension'
written thereon, and as to all other the before-mentioned pen-
sions to the Paymaster-General, Whitehall, London; and the
Commissioners of Chelsea Hospital and Her Majesty's Pay-
master-General respectively shall thereupon, and upon the like
proof being given as is hereinafter directed with respect to
assignments, cause payment to be made to such guardians;
and the said guardians shall thereupon enter upon their minutes
the nature and amount of relief actually given to such pen-
sioner, or his wife or other person, and upon application made
by the said pensioner to the clerk of the said guardians shall
inform the said pensioner of the amount thereof; and the said
guardians so receiving any pension or allowance shall retain
and apply so much thereof as will repay the cost of relief
actually given as aforesaid for the use and indemnity of the
union or parish, and shall pay the suplus (if any) to the pen-
sioner or person entitled thereto; and upon the receipt of any
such minute as aforesaid the payment of the pension or other
allowance mentioned therein shall be suspended until sufficient
proof shall have been given to entitle the guardians named in
such minute to receive the money thereby required to be paid
to them; provided that where such relief shall not be given to
the pensioner himself the said guardians, before transmitting
any such minute as aforesaid, shall obtain satisfactory proof
that the person to whom such relief shall be given is the lawful
wife of the said pensioner, or a person whom such pensioner is
by law liable to maintain, which proof shall also be entered
upon the minutes of the said Board of Guardians.

C.

When any pensioner, or person entitled to or in receipt of 2 & 3 Vici., assignment of any pension or other allowance as aforesaid, shall apply for c. 51, sec. 3. temporary relief to the guardians of any union or parish in England or Ireland, or to the churchwardens or overseers of any parish in which the administration of the relief of the poor has not been directed to be governed by a Board of Guardians, or not situate within any union, so long only as such parish is not governed by such guardians, nor situate within any union, or to the heritors and kirk session in Scotland, or shall receive relief from the said guardians, churchwardens and overseers, or heritors and kirk session, it shall be lawful for the said guardians, or churchwardens and overseers of the poor, and heritors and kirk session, but not compulsory upon them, to grant such relief in such case, or in the event of any pensioner receiving relief without previous application on his part, and to require the pensioner applying for or receiving the same to assign to them respectively his next quarterly payment of pension or other

allowance, to the intent that such guardians, or churchwardens and overseers, or heritors and kirk session respectively, may receive the same, and retain for the use of the said union or parish so much thereof as shall have been by them respectively advanced for the temporary relief of such pensioner, or of his wife or family residing with him in such union or parish; and every assignment to be made of any such pension or other allowance for the purposes and according to the tenor of this Act shall be exempt from stamp duty, and shall, as to any pensions payable at Chelsea Hospital or by the Commissioners thereof, be in the form set out in the schedule to this Act marked (D), and as to Greenwich out-pensions in the form set out in the schedule to this Act marked (E), and as to all other the before-mentioned pensions and allowances payable by Her Majesty's Paymaster-General in the form set out in the schedule to this Act marked (EE); and every assignment shall be certified by the chairman and clerk of the said union at some meeting of the Board of Guardians, or by a churchwarden or overseer of such parish, or one of the heritors, and shall be attested by one of Her Majesty's justices of the peace; and every such assignment shall be transmitted, within seven days after the same shall have been executed, and at least one month before the payment thereon shall become due, under cover, addressed, as to pensions payable at Chelsea Hospital or by the Commissioners of the said hospital, to the Secretary of Chelsea Hospital, with the words "Chelsea pensioner" written thereon, and with respect to naval pensions to the Paymaster-General, Out-pension Office, Tower Hill, with the words "Greenwich out-pension" written thereon, and as to all other the beforementioned pensions, to the Paymaster-General, Whitehall, London, who shall thereupon respectively cause the payment thereof to be made to the said guardians of the union or parish, or to the churchwardens and overseers of the poor of the parish, or to the overseers of the poor alone where there are no churchwardens, or heritors and kirk session, for whose security the assignment shall have been made, in the same manner as the said payment would have been made to the person assigning the same if no such assignment had been made; and such guardians, or churchwardens and overseers, or heritors and kirk session, are hereby authorized to receive the same, and to retain thereout, for the use of the said union or parish, so much as shall have been advanced and paid on security thereof; and the said guardians, churchwardens and overseers, or heritors and kirk session respectively, shall keep an acount in writing of the sum or sums so advanced, and also, immediately upon the receipt of the said pension, shall pay the residue thereof (if any) to the pensioner by whom such assignment shall have been made; and if any question shall arise between the pensioner making any such assignment, and the guardians, or churchwardens and overseers of the poor, or heritors and kirk session, receiving the same, touching the amount which shall be due and payable to them respectively by virtue of any

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