Army Prize Money Act 1832
| Jurisdiction | UK Non-devolved |
| Citation | 1832 c. 53 |
| Year | 1832 |
(2 & 3 Will. 4) C A P. LIII.
[23d June 1832]
'WHEREAS it is expedient to consolidate and bring into One Act all the Provisions of the several Acts now in force relating to Army Prize Money, and to alter and amend several of the Provisions thereof;' be it therefore enacted by the King'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 Authorityof the same, That an Act passed in the Fifty-fourth Year of the Reign of His Majesty KingGeorge the Third, intituled An Act for regulating the Payment of Army Prize Money, and to provide for the Payment of unclaimed and forfeited Shares toChelseaHospital; and also an Act passed in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, intituled An Act for extending the Provisions of an Act of the Fifty-fourth Year of His present Majesty, for regulating the Payment of Army Prize Money; and for authorizing the Commissioners ofChelseaHospital to suspend the Pension of such Persons as shall be guilty of Frauds in respect of Prize Money or Pensions; and also so much of an Act passed in the Fifty-eighth Year of the Reign of His late Majesty King George the Third, intituled An Act for regulating the Payment of Regimental Debts, and the Distribution of the Effects of Officers and Soldiers dying in Service, and the Receipt of Sums due to Soldiers, as enacts, that from and after the Twenty-fourth Day ofJuly One thousand eight hundred and eighteen it shall not be lawful for any Agent or Agents appointed for the Distribution of Army Prize or Bounty Money, Grant or other Allowances of Money in the Nature thereof, or for the Treasurer of Chelsea Hospital, to pay the Share of any Non-commissioned Officer or Soldier to any Person or Persons whatsoever other than the Non-commissioned Officer or Soldier entitled to the same, or to the next of Kin or Executor or Administrator of such Non-commissioned Officer or Soldier, or to the Agent of any Regiment, Battalion, or Corps of His Majesty's Army or Militia, duly authorized by the Party entitled thereto to receive the same; and also so much of the said Act as enacts, that it shall not be lawful for the Agent appointed for the Distribution of Army Prize or Bounty Money, Grants or other Allowances of Money in the Nature thereof, or for the Treasurer of Chelsea Hospital, to pay to any Creditor taking out Letters of Administration to a deceased Non-commissioned Officer or Soldier, out of the Share of such deceased Non-commissioned Officer or Soldier, any further or greater Sum than shall appear, by Affidavit to be made by the Person taking out Letters of Administration, to be due to him at the Time of taking out such Letters of Administration; and also an Act passed in the First Year of the Reign of His late Majesty King George the Fourth, intituled An Act to regulate the Payment of Army Prize Money; and also an Act passed in the Fourth Year of the Reign of His late Majesty KingGeorge the Fourth, intituled An Act to extend Two Acts of His late Majesty for Distribution of Prize Money to all Cases of Capture that have been made by Foreign Ships or Land Forces in conjunction with His Majesty's Ships or Land Forces; and also an Act passed in the Fifth Year of the Reign of His late Majesty, intituled An Act to prevent the illegal pawning of Clothes and Stores belonging toChelseaHospital; to give further Powers to the Treasurer and Deputy Treasurer of Chelsea and Greenwich Hospitals to punish Persons fraudulently receiving Prize Money or Pensions; and to enable the Commissioners of Chelsea Hospital to hold Lands purchased under the Will of Colonel Drowley; shall be and the same is and are hereby repealed, except as to all Capturesand Grants which shall have been made previously to the passing of this Act, which shall be regulated and distributed under the Provisions of the said herein-before recited Acts; and except as to all such Things as have been done previously to the passing of this Act, in pursuance of any of the said Acts hereby repealed, which shall be as effectual as if the said Actsstill continued in force; and also except as to all Offences committed against any of the Provisions of any of the said Acts hereby repealed, which shall continue punishable as if the same had been committed after the passing of this Act, and against the Provisions thereof: Provided, that nothing in this Act shall revive or give any Effect to any Act or Acts repealed by any of the said recited Acts.
II All Captures hereafter made by the Army shall be disposed of as His Majesty shall direct.
II. And be it further enacted, That from and after the passing of this Act, in all Captures which shall be made by His Majesty's Army, Royal Artillery, Provincial, Black, and all other Troops in the Pay or Service of His Majesty, or belonging to His Majesty but in the Pay of the United Company of Merchants trading to theEast Indies , or howsoever otherwise paid, of any Fortress or Possession of His Majesty's Enemies, or of any Ship or Vessel in any Road, River, Haven, or Creek belonging to such Fortress or Possession, and in all Captures, Expeditions, or Actions from which Prize Money, Bounty Money, or Grant shall arise, the Commanders and other Officers and Soldiers engaged therein shall have such Right and Interest as His Majesty shall think fit to order in all the Arms, Ammunition, Stores of War, Goods, Merchandize, Booty, Prize, and Treasure belonging to the State, or to any public Trading Company of such Enemies, which shall be found in such Fortress or Possession, or captured in or granted for any such Expedition or Action, to be divided in such Proportions, and according to such general Rule of Distribution for the Army, as shall be established by His Majesty, or in default thereof in such Manner as His Majesty shall under His Sign Manual be pleased to direct.
III Deserters shall not be entitled to Prize Money.
III. Provided always, and be it further enacted, That no Officer, Non-commissioned Officer, or Soldier, or other Person, who shall be entitled to share in any Prize or Capture taken from any of His Majesty's Enemies, or in any Grant on account of Services, and who shall desert or unlawfully withdraw from His Majesty's Service, shall have any Title to or Benefit from any Part of such Prize, Capture, or Grant which at the Time of such Desertion shall remain unpaid, but the Share or Shares of every such Officer, Non-commissioned Officer, or Soldier, or other Person, so deserting, or such Part thereof as at the Time of his or their Desertion shall remain unpaid, and also the Shares of all Officers, Non-commissionedOfficers, and Soldiers which shall not be legally demanded within Six Years after the same shall have been paid to the Treasurer ofChelsea Hospital as herein-after mentioned, shall be forfeited to the Treasurer of Chelsea Hospital, and applied in manner herein-after mentioned, unless such Officers, Non-commissioned Officers, or Soldiers as shall have deserted shall be restored by His Majesty's Proclamation, or otherwise pardoned; and unless, with respect to such Shares of Officers, Non-commissioned Officers, and Soldiers as shall not be claimed within the Time above limited in that Behalf, reasonable Cause shall be shown to and allowed by the Commissioners of the said Royal Hospital at Chelsea for the Time being, or any Three or more of them, why such last-mentioned Shares were not claimed in due Time.
IV Appraisements and Sales shall be made by Agents appointed by the Commanders, &c.
IV. And be it further enacted, That in all such Captures, Expeditions, or Actions as aforesaid, the receiving and collecting of Booty, and all Appraisements and Sales of any Arms, Ammunition, Stores of War, Goods, Merchandize, and Treasure which shall be found in any such Fortress or Possession as aforesaid, and to which the Commanders and other Officers and Soldiers shall be entitled, shall be made by Agents appointed by the Commanders and other Officers entitled thereto; (that is to say,) the Commanders-in-Chief and Field Officers acting on the Expedition in which such Fortress or Possession was captured shall appoint an Agent; and the other Commissioned Officers entitled thereto, or the Majority of them if more than One, may appoint another Agent to act for them; such Appointment being made by Letter or Letters of Attorney duly executed for that Purpose, Copies of which shall be transmitted as herein-after mentioned; and no Person or Persons, except the Person or Persons so to be nominated and appointed Agent or Agents, and who shall have given Security as required by this Act, and who shall actually discharge the Duties of Agent, shall under any Pretence receive any Part or Share of any Commission or Per-centage in respect of such Agency, or any Benefit out of any such Commissionor Per-centage; and every Person so nominated and appointed Agent, who shall give to or allow to be taken by any other Person, and every Person who shall take, accept, or receive, either himself or by any other Person on his Behalf, or for his Use or Advantage, or for the Use or Advantage of any Part of his Family, any Part or Share of any such Commission, or any Emolument or Benefit thereout, shall for every such Offence forfeit and pay the Sam of One hundred Pounds, and also Double the Amount or Value of what shall have been so given or allowed to be taken, or shall have been so taken and received as aforesaid, such Penalty and Amount to be recovered as herein-after mentioned.
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