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c. 20.

1. Royal Navy trar, prector, or other officer of any ecclesiastical court shall knowingly or and Marines. willingly be aiding or assisting in procuring probate of any will or letters of administration, whereby any person may be enabled to claim any wages, pay, 11 G. 4 & 1 W. 4, prize money, or allowance of money of any kind for the services of any such petty officer or seaman, non-commissioned officer of marines or marine, otherwise than in the manner prescribed by this act, every such registrar, proctor, or other officer shall for every such offence forfeit and pay the sum of five hundred pounds, and shall moreover forfeit his office and be rendered incapable of acting in any capacity in any court of admiralty or ecclesiastical jurisdiction."

Manner of proceeding in case of

executors, &c. dying before the

Sect. 63. "When the executor or administrator of a deceased petty officer or seaman, non-commissioned officer of marines or marine, shall die before he shall have received the wages, prize money, or other allowances payable to his testator or intestate, it shall be lawful for the inspector to investigate receipt of wages. the right of any person claiming payment of the same or to represent according to law the person of such deceased petty officer or seaman, noncommissioned officer of marines or marine, and, being satisfied of such right, to certify the name and place of abode of such person upon the check or certificate, and that in his judgment the claimant is the rightful representative of such deceased petty officer or seaman, non-commissioned officer of marines or marine, and entitled to receive whatever may remain due in respect of his services as aforesaid; and thereupon if the wages, prize money, and other allowances remaining unpaid shall appear to the inspector not to amount nor likely to amount to more than the sum of twenty pounds, then it shall be lawful for the said treasurer, and also for any agent or agents for prizes respectively, to pay to such person all wages, pay, prize money, bounty money, and other allowances of money so due or to become payable, without requiring him to take out fresh letters of administration; but if the same shall amount or appear to the said inspector to be likely to amount to more than that sum, then the same shall only be paid upon fresh letters of administration, to be obtained in the manner herein before directed."

For preventing

fraudulent claims by pretended creditors of seamen

and marines.

Sect. 64. "And for preventing frauds, which have been frequently practised by persons falsely pretending to be creditors of deceased seamen and marines, be it further enacted, that no letters of administration shall be granted to any person claiming as a creditor of any deceased petty officer or seaman, non-commissioned officer of marines or marine, but that every such creditor shall be entitled to receive the amount of his claim (if just) out of the assets of the deceased, or so far as the same will extend for that purpose, when the just amount of the debt or claim shall have been ascertained and approved as hereinafter provided; (that is to say,) every person claiming as a creditor shall deliver to the said inspector an account in writing, subscribed with his name, stating the particulars of the demand and the place of his abode, and verified by his oath, or, being a quaker, by his affirmation in writing taken before any justice of the peace, which oath or affirmation any such justice is hereby empowered to administer; and if any application for a certificate to obtain probate of the will or letters of administration to the effects of the deceased shall be made, the inspector shall give notice to the applicant of the name and place of abode of the creditor, and the amount of the debt, and shall also cause notice to be given to the creditor of the place of abode of such applicant; but if no such application shall have been made at the time of the delivery of the claim, the inspector or other person authorized by the said treasurer shall proceed to investigate the account of such creditor, for which purpose he is hereby empowered and directed to require from such creditor a production before him of all books, accounts, vouchers, and papers relating to his demand, and satisfactory evidence thereof; and if such creditor shall, by due proof, satisfy the said inspector or other authorized person of the justice of the demand in part or in the whole, then the same shall be allowed as shall appear just; but if all books, accounts, vouchers, and papers shall not be produced, or a sufficient reason assigned for not producing the same, or if the said inspector or other authorized person shall not be satisfied of the justice of the demand, then he shall disallow the

11 G. 4 & 1 W. 4, c. 20.

same provided always, that in case such creditor shall be dissatisfied, he 1. Royal Navy shall be at liberty to appeal against such decision to the said treasurer, who and Marines. shall thereupon inquire into the same by the examination of the parties and their witnesses upon oath or affirmation taken or made before the said treasurer or any justice of the peace, (which oath or affirmation the said treasurer and any justice as aforesaid are hereby severally authorized to adininister,) and to allow or disallow the claim, in part or in the whole, as to the said treasurer shall seem fit, and the decision of the said treasurer shall be final and conclusive in the premises: provided always, that no claim of any creditor shall be admitted or allowed unless the same be made within two years next after the death of the party upon whose assets the claim is made, nor unless the same shall appear to have accrued within three years next before the death of such party."

administrators.

Sect. 65. "If within the space of twelve calendar months from the delivery Creditors to be of the claim no application shall have been made by any person in the cha- paid if there are racter either of executor or administrator, the creditor shall be entitled to no executors or receive so much as shall have been allowed to be due to him as aforesaid out of the monies payable in respect of the services of the deceased, so far as they will extend to satisfy the same, and thereupon the inspector shall grant to the creditor a certificate of the allowance of such claim in the form heretofore used, or in such other form as shall by the said treasurer be deemed expedient, and so much of such wages as shall be sufficient to satisfy the claim so allowed shall be paid or remitted to the creditor in the manner herein provided for the remittance of wages to executors or administrators: provided always, that if any prize money or bounty money shall be due to the deceased, the same shall be payable to such creditor only in the manner hereinafter directed; (that is to say,) if the wages and other allowances of money shall not be sufficient to discharge the claim, the proper officer in the navy pay office shall state at the foot of the certificate the amount paid to the creditor, and it shall not be lawful for the creditor to demand or receive from any person any prize money or bounty money due to the deceased except as hereinafter next mentioned; (that is to say,) such prize and bounty money, if the same shall be in the hands of an agent, shall be paid over as in cases of unclaimed prize money, and the creditor, on the production of such certificate to the officer appointed to pay the prize money, shall be entitled to receive from him so much of the deceased's prize money or other allowances as shall be sufficient to discharge his demand, and upon the same being satisfied, the inspector shall retain the certificate as a voucher or document of office: provided also, that if there shall be more creditors than one, they shall be satisfied according to the priority of the allowance of their respective claims, but so as not to deprive any creditor of any priority he may by law be entitled to by reason of any specialty, provided notice in writing of the particulars of such specialty shall have been given to the treasurer of the navy in due time."

executed within six miles of the place of payment.

Sect. 66. "And whereas by an act of the fifty-fourth year of the reign of Agents not to prohis late majesty, for regulating the payment of navy prize money, agents duce prize orders for prizes are prohibited from paying any prize money or bounty money to any person upon any order made within the distance of five miles of the place where the same shall be payable. (such prize money or bounty money being in course of distribution at the time of making such order,) under the penalty therein mentioned; be it further enacted, that if any agent licensed by the treasurer of his majesty's navy, or if any other person, shall insert or cause to be inserted in any order for payment of prize money or bounty money payable in respect of the services of any petty officer or seaman, noncommissioned officer of marines or marine, in his majesty's navy, the name of any captured ship, vessel, fortress, or place, the proceeds of which or the bounty money payable in respect whereof shall be then in course of distribution within six miles of the place where such name or names shall be inserted, and where such order shall be intended to be attested under the provisions of the said last-mentioned act, or shall utter any such order with the name or names of any such captured ship, vessel, fortress, or place

1. Royal Navy inserted therein, for the purpose of demanding or receiving payment of any and Marines. prize money or bounty money for or in respect of such captured ship, vessel, fortress, or place, such prize money or bounty money being then in course of 11 G. 4 & 1 W. 4, distribution or payment within six miles of the place where such order shall have been made or drawn and attested, every such person so offending shall forfeit and pay the sum of fifty pounds."

c. 20.

Captains to deli

discharged sea

men.

Sect. 67. When any petty officer or seaman, non-commissioned officer ver certificates to of marines or marine, shall be discharged for any cause from any ship of his majesty, the captain shall cause to be made out and sign a certificate describing the period of such discharged person's service on board the ship, his number on the ship's books, and his stature, complexion, and age, which shall be delivered to the party at the time of his discharge; and no petty officer, seaman, non-commissioned officer, or marine shall be entitled to receive his wages, prize money, or other allowances, unless he shall produce such certificate at the time the same are claimed, or unless he shall be identified by one or more of the commission or warrant officers who belonged to the vessel during some part of the period for which he may so claim; and no petty officer or seaman, non-commissioned officer of marines or marine, who shall be discharged from any ship of his majesty into any other such ship, shall be entitled to receive any wages or allowances for the ship to which he shall have last belonged unless he shall enter and be mustered three times in the ship into which he shall be so discharged, or shall appear upon the books of the ship into which he shall next go to have been regularly discharged therefrom; or in case of his having been taken by the enemy, or if the ship in which he shall have last served shall have been lost or destroyed, and he shall have survived, unless he shall return so soon as it shall be in his power to do so, and enter again within a reasonable time on board some ship of his majesty; or in case he shall be discharged from his ship to any naval hospital or sick quarters, unless he shall return to his ship when discharged from such hospital or sick quarters, or be discharged out of the service; or unless in any of the said events reasonable cause be shown to and allowed by the commissioner of the navy comptrolling such payment, and the clerk of the treasurer of the navy making the same, for not producing such certificate, or for non-compliance with any thing herein directed."

Payment of orders under 104. executed by

seamen.

Sums not exceed

Sect. 68. "When any wages not exceeding ten pounds shall be payable by the rules of the navy to any petty officer or seaman, non-commissioned officer of marines or marine, it shall be lawful for him to make an order in writing for payment of the same upon the treasurer of the navy, which order nevertheless shall be revocable as in the case of powers of attorney, and the same shall be attested by the captain or any other of the signing officers, or a lieutenant of the ship on board of which such wages were earned, accompanied with a certificate, from one of the signing officers or lieutenants, of the particulars of the service of the drawer of such order; and the said order and certificate shall be examined by the inspector of seamen's wills, and if he sees no cause to suspect the authenticity thereof he shall stamp and pass the same for payment, but otherwise he shall report the same to the treasurer of the navy, and shall enter his caveat, which shall prevent any money from being received thereon until the same shall be authenticated to the satisfaction of the said treasurer; and if the party making such order shall have been discharged from his majesty's service, the order shall be attested in the like manner as is hereinbefore directed with respect to the attestation of letters of attorney, and shall be accompanied by the like certificates of service, and be subject to the like examination and caveat, as is above directed with regard to orders made by persons in his majesty's service : provided always, that the privilege hereby given shall not extend to any person who shall have been discharged from his majesty's service for any other cause than being unserviceable, but every such last mentioned person shall, according to the rules of the navy, wait until the ship from whence he shall have been discharged shall come in course of payment."

Sect. 69. "And in order to avoid the expense which the relatives of

c. 20.

deceased officers, seamen, and marines may be otherwise obliged to incur to 1. Royal Navy obtain payment of small sums due for the services of such deceased persons, and Marines. be it enacted, that in all cases when any monies not exceeding twenty pounds shall be due on account of any wages, prize money, or other allowances 11 G. 4 & 1 W. 4, payable on account of the services of any deceased petty officer, seaman, ing 201. due to denon-commissioned officer of marines or marine, it shall be lawful for the ceased petty offiinspector of seamen's wills, after having by the requisite previous steps, as cers to be paid on before directed, ascertained the right of any claimant to probate of the will certificate. or to administration of the effects of the deceased, to issue a check or certificate to that effect, in such form as by the treasurer of the navy shall be deemed expedient; and to the same end, in all cases when any monies not exceeding in the whole the sum of thirty-two pounds shall be payable on account of any pay or half pay or pension of any deceased officer of the navy or royal marines, or of any pension to any deceased widow of an officer, or on account of any allowance from the compassionate fund to any deceased person, it shall be lawful for the said treasurer of the navy or for the paymaster of royal marines, as the case may be, after having ascertained in a satisfactory manner the right of any claimant to probate of the will or to letters of administration of the effects of the deceased, and that the deceased has not left any other assets to be administered than the arrears of pay, half pay, pension, or allowance, not exceeding thirty-two pounds as aforesaid, to issue a certificate to that effect, in such form as shall be deemed expedient; and upon such check or certificate of the inspector, and upon such certificate of the treasurer of the navy and paymaster of royal marines respectively, payment of the monies so due, not exceeding the respective sums of twenty pounds and thirty-two pounds as aforesaid, shall be made to the parties named in such checks and certificates respectively, either personally, or, if they shall desire it, by remittance bill in the manner by this act provided with respect to payments by remittance; and all payments made under such checks and certificates, not exceeding the respective sums aforesaid, shall be as effectual and legal as if the same had been made under any probate of a will or letters of administration duly granted by the proper court, and shall be allowed to the said treasurer and paymaster of royal marines, in their respective accounts."

having the care

of them.

Sect. 70." And whereas many cases occur of officers of the royal navy Monies due to and royal marines, and of seamen and marines, entitled to pay, half pay, lunatic officers and pension, or prize money, becoming insane or lunatic, in which it is not men made paydeemed by their relatives expedient, by reason of the expense and of there able to persons being no other monies or estate to administer, to take measures according to law for obtaining a commission of lunacy; and it is expedient that the monies accruing due to them should be advanced for their support; be it therefore enacted, that in any of such cases, when it shall be made appear to the treasurer of the navy or to the paymaster of royal marines, as the case may be, by satisfactory evidence, that any officer, seaman, or marine is insane, lunatic, or otherwise, from his state of mind, incompetent to the management of his affairs, it shall be lawful for the said treasurer or paymaster to pay over to the wife, relative, or other person having the care and maintenance of such incompetent person, such monies as shall become payable, or such portion thereof as the lord high admiral or the commissioners for executing the office of lord high admiral aforesaid shall think fit, to be applied towards the maintenance and support of such incompetent person; and every payment so made shall be deemed good and valid, and be allowed to the said treasurer and paymaster respectively in their accounts."

Sect. 71. "All pensions to which the widows of officers of the royal navy Pensions to are or may be entitled under any commission, warrant, or order of his widows. majesty, shall be paid in the same manner as other pensions for services in the royal navy are payable; and that it shall be lawful for the lord high Admiralty may admiral, or the commissioners for executing the office of lord high admiral, make regulations for the payment or any two or more of them, for the time being, to make such orders, rules, of marine half and regulations, and from time to time to alter the same, in relation to the payment of half pay to the officers of royal marines, and of the allowances

pay, &c.

1. Royal Navy from the compassionate fund of the navy, and also as to any certificates, and Marines. vouchers, receipts, or orders for the better regulating, managing, and making such payments, and to require such proofs and affidavits relating thereto as 11 G. 4 & 1 W. 4, they shall deem requisite for the ordering and securing the payment of such half pay and allowances: provided always, that every such order, rule, or regulation may from time to time be revoked or altered by any warrant or order under his majesty's royal sign manual.”

c. 20.

Wages, pay, prize
money, &c., not
claimed within
six years, to be
declared for-
feited.

Letters to and

from the treasurer or pay.

Sect. 72. "In all cases in which any wages, pay, half pay, prize money, bounty money, pension, gratuity, or allowance of any kind payable in respect or in consideration of the services of any officer, seaman, or marine in the royal navy, shall not be claimed or demanded by or on the behalf of the person to whom the same was so payable, or, in case of his or her death, by any person legally entitled thereto, within six years next after the period at which the same respectively first became due and payable, or the services in respect of which the same may be payable were performed, the same shall and are hereby declared to be forfeited: provided always, that it shall be lawful for the lord high admiral or the commissioners for executing the office of lord high admiral for the time being, upon sufficient cause being shown for any delay or neglect which may have occurred in making any such claim, to exercise a discretion thereupon, and to authorize the payment of the same, notwithstanding any such forfeiture thereof."

Sect. 73. "All letters and packets addressed to or sent by the treasurer or the paymaster of the navy for the time being shall be sent and received free from the duty of postage, in the same manner and under the same restricmaster to go free. tions as the paymaster general of his majesty's forces is by law authorized to send and receive letters and packets free of postage: provided always, that so far as relates to the paymaster of the navy, the provision herein contained shall not continue in force beyond the thirty-first day of December, one thousand eight hundred and thirty."

Limitation.

Letters to and

Sect. 74. "All letters and packets addressed to and sent by the inspector from certain other of seamen's wills and letters of attorney for the time being, upon any officers to go free. business or affairs of or relating to the said office of inspector, and all letters and packets in relation to officers and seamen's wages sent, in the execution of this act, by the cashier or other officer in the navy pay office appointed for paying seamen's tickets, and all letters and packets in relation to remittances, half pay, pension, bounty, and allowances from the compassionate fund, sent, in the execution of this act, by the officer or clerk to be nominated by the treasurer of the navy for that purpose, and all letters and packets in relation to widows' pensions sent, in the execution of this act, by the officer or clerk to be nominated by the treasurer of the navy for that purpose, shall be free from the duty of postage; and all such letters and packets which shall be forwarded by the said inspector, cashier, officers, and clerks respectively shall be under cover, with the words, pursuant to act of parliament of 11th George 4th,' printed on the same; and the said inspector, cashier, officers, and clerks respectively sending the same shall sign their respective names under such words; and if any such inspector, cashier, officer, or clerk, or any other person, shall send or cause to be sent, under any such cover, any letter, paper, or writing, or any inclosure, other than what shall relate to the public business of the several departments of the navy pay office and navy office, every such person so offending shall for every such offence forfeit and pay the sum of one hundred pounds."

Regulation as to
Ruch letters.

Penalty for infringing such regulations.

Letters relating

the commissioners

ment to go free, subject to the

Sect. 75. "All letters and packets addressed to the commissioners of the to the business of navy or to the commissioners for victualling his majesty's navy, relating of the navy or the solely to the business of their respective departments, shall be free from the victualling depart- duty of postage, and that it shall be lawful for the said commissioners of the navy and victualling respectively to authorize and direct certain persons in each of their offices or departments respectively (not exceeding the number regulations herein of three in time of peace, and six in time of war, in the navy office, and the number of two in time of peace, and four in time of war, in the victualling office, a list of whose names shall be from time to time transmitted by the respective commissioners aforesaid to the secretary of the general post office

mentioned.

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