Naval and Marine Pay and Pensions Act 1865

1865 CHAPTER 73

An Act for regulating the Payment of Naval and Marine Pay and Pensions.

[29th June 1865]

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, as follows:

1 Short Title.

This Act may be cited as The Naval and Marine Pay and Pensions Act, 1865.

2 Interpretation of Terms.

In this Act—

• The Term " the Admiralty " means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the Office of Lord High Admiral:

• The Term " Officer " means a Commissioned, " Warrant, or Subordinate Officer, or Assistant Engineer in Her Majesty's Naval or Marine Force:

• The Term " Seaman or Marine " means a Petty Officer or Seaman, Non-commissioned Officer of Marines or Marine, or other Person forming Part in any Capacity of the Complement of any of Her Majesty's Vessels, or otherwise belonging to Her Majesty's Naval or Marine Force (not being an Officer within the Meaning of this Act).

3 Payment of Naval and Marine Pay and Pensions according to Order in Council.

All Pay, "Wages, Pensions, Bounty Money, Grants, or other Allowances in the Nature thereof payable in respect of Services in Her Majesty's Naval or Marine Force to a Person being or having been an Officer, Seaman, or Marine, or to the Widow or any Relative of a deceased Officer, Seaman, or Marine, shall be paid in such Manner, and subject to such Restrictions, Conditions, and Provisions as are from Time to Time directed by Order in Council.

4 Prohibition of Assignment of Pensions, &c.

Any Assignment, Sale, or Contract made after the Commencement of this Act by an Officer, Seaman, or Marine entitled to any Naval Pension,—or by a Person entitled to a Pension as the Widow of an Officer,—or by a Person entitled to an Allowance from the Compassionate Fund,—or by a Person entitled to any Marine Half Pay,—of or in relation to such Pension, Allowance, or Half Pay, shall be void.

5 Prohibition of Assignment of Wages, &c.

Any Assignment, Sale, or Contract made after the Commencement of this Act, of or relating to any Pay, Wages, Bounty Money, Grants, or other Allowances in the Nature thereof, payable in respect of Services in Her Majesty's Naval or Marine Force to a Person being or having been a subordinate Officer, Seaman, or Marine, shall be void.

6 Exemption from Stamp Duty.

All Bills, Orders, Receipts, and other Instruments drawn, given, or made under the Authority or in pursuance of an Order in Council under this Act by, to, or upon any Person in the Service of Her Majesty or of the Admiralty shall be exempt from Stamp Duty.

7 Proof to be given by Masters claiming Pay of Apprentices.

If the "Wages of a Seaman or Marine are claimed under an Indenture of Apprenticeship by a Master, they shall be paid to the Seaman or Marine, and not to the Master, unless the Master produces the Indenture, with satisfactory Proof that it was in full Force during the Period for which he claims the Wages, and that the Apprentice was at the Time of the Execution of the Indenture under the Age of Eighteen Tears, and had not previously been at Sea.

8 Saving for Naval Agency Act.

Nothing in this Act shall apply to any Money distributable under The Naval Agency and Distribution Act, 1864.

9 Saving for Naval Discipline Act.

Nothing in this Act shall authorize the making by Order in Council of any Rule inconsistent with any Provision affecting Naval or Marine Pay or Pensions contained in The Naval Discipline Act, 1864, or any Act for the like Purposes for the Time being in force.

10 Saving for Power of Secretary of State as to Pensions.

Nothing in this Act shall take away or abridge any Power vested in One of Her Majesty's Principal Secretaries of State relative to Naval Pensions.

11 Orders in Council.

Her Majesty in Council may from Time to Time make such Orders in Council as seem meet for the better Execution of any of the Purposes of this Act.

12 Orders in Council to be published in London Gazette.

Every Order in Council under this Act shall he published in the London Gazette, and shall be laid before both Houses of Parliament within Thirty Days after the making thereof if Parliament is then sitting, and if not then within Thirty Days after the next meeting of Parliament.

13 Commencement of Act.

This Act shall commence on such Day, not later than the First Day of January One thousand eight hundred and sixty-six, as Her Majesty in Council thinks fit to direct.

Any Order in Council for the better Execution of any of the Purposes of this Act may nevertheless be made before that Day, but not so as to commence before it.