drawing his application on the payment of a fee of 31. 3s. 7. If the applicant shall not withdraw his application and 7 Geo. IV., Book J, p. 59. (p.) Pensions of Soldiers.' The grant of pensions is made by the Commissioners of 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. 3 This Act incorporates and amends the provisions of Mr. Windham's Act of 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 Provided always that every soldier enlisted under any orders Ibid, sec. 12. 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 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 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 |