Chelsea and Kilmainham Hospitals Act 1826

JurisdictionUK Non-devolved
Citation1826 c. 16
Year1826
Anno Regni GEORGII IV. Britanniarum Regis,Septimo. An Act to consolidate and amend several Acts relating to the Royal Hospitals for Soldiers atChelsea and Kilmainham .

(7 Geo. 4) C A P. XVI.

[11th April 1826]

'WHEREAS it is expedient to consolidate the Provisions of several Acts relating to the Royal Hospital for Soldiers atChelsea in the County of Middlesex; ' 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 Authority of the same, That an Act passed in the Forty sixth Year of the Reign of His late Majesty, intituled An Act for making better Provisionfor Soldiers; and also an Act passed in the Forty seventh Year of the Reign of His said late Majesty,intituledAn Act for empowering the Commissioners of Kilmainham Hospital to make Rules and Regulations for the Payment of Pensions to Soldiers on the Establishment of that Hospital; and also an Act passed in the Fifty Second Year of the Reign of His said late Majesty, intituled An Act to empower the Commissionersof Chelsea Hospital to commute Pensions for a Sum of Money in certain Cases; and also an Act passed in the Fifty eighth Year of the Reign of His said late Majesty, intituled An Act for the further Regulation of Payments of Pensions to Soldiers upon the Establishmentsof Chelsea and Kilmainham; and also an Act passed in the Third Year of the Reign of His present Majesty, intituled An Actfor transferring such of the Duties of the Commissioners or Governors of Kilmainham Hospital as relate to the Management and Payment of Out Pensions, to the Commissioners of Chelsea Hospital; and also an Act passed in the Twentyeighth Year of the Reign of His Majesty KingGeorge the Second, intituled An Act for the Relief of the Out Pensioners of the Royal Hospital at Chelsea, except so much thereof as enacts, that the Treasurer of Chelsea Hospital shall and may withhold and deduct One Shilling in the Pound from and out of all Monies which shall, from and after the Twenty fifth Day of December One thousand seven hundred and fifty five, be applicable to the Payment of Out Pensions, as well as from and out of all Monies which shall be directed to be issued in advance to the Out Pensioners of Chelsea Hospital, from and after the said Twenty fifth Day of December One thousand seven hundred and fifty four, which Monies so deducted shall be applied in the Manner which His Majesty, His Heirs and Successors, shall, by Warrant under His Royal Sign Manual, direct; and also an Act passed in the Fifty fifth Year of the Reign of His said late Majesty, intituledAn Act to grant further Powers to the Commissioners of Chelsea and Greenwich Hospitals, with respect to Pensions on those Establishments , except so much thereof as enacts, that it shall and may be lawful for the Commissioners and Governors of the Royal Hospital for Seamen at Greenwich , upon all Applications to be hereafter made to them by any Person or Persons claiming Pensions on account of their Services in His Majesty's Navy, to apportion the Pensions which shall be granted to such Person or Persons in their Discretion, according to their Length of Service, allowing in the Apportionment of such Pensions all such Time as the said Person or Persons shall have served previously to his entering into the Navy or Marines, either as a Noncommissioned Officer or Private Marine, or as a Noncommissioned Officer or Private Soldier in any of His Majesty's Land Forces; and also so much of another Act, passed in the Fifty seventh Year of the Reign of His said late Majesty, intituledAn 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 of Chelsea Hospital to suspend the Pensions of such Persons as shall be guilty of Frauds in respect of Prize Money or Pensions , as enacts, that it shall and may be lawful for the Commissioners of the said Royal Hospital at Chelsea , upon Complaint and Proof being made to them of any Fraud, either with respect to the Receipt of Prize Money or Pension, or any other Money in the Nature of Allowance or Bounty Money, or of other gross Misconduct attempted or practised by any Person being a Pensioner of the said Royal Hospital, to suspend or entirely to take away the Pension of the Person so offending, and to issue to the Paymaster of Out Pensions of the said Royal Hospital a Certificate under the Hands of the said Commissioners, or any Three or more of them, of any Pension being so suspended or taken away; and upon the said Certificate being issued to the said Paymaster of Pensions, that he shall suspend the Payment of the Pension therein mentioned, according to the Tenor of the said Certificate; any Thing in any other Act contained to the contrary thereof in anywise notwithstanding; and also so much of an Act passed in the Fifth Year of the Reignof His present Majesty, intituledAn Act to prevent the illegal pawning of Clothes and Stores belonging to Chelsea Hospital; 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 Drouly, as enacts, that the Commissioners of the said Royal Hospital, and their Successors, shall and may cause the Clothes, Linen, Stores, and other Articles belonging to the said Hospital, capable of being marked, to be from time to time marked, stamped, or branded with the Words ‘Chelsea Hospital;’ and that if any Pensioner, or other Person or Persons, shall pawn, sell, or illegally dispose of, or that if any Pawnbroker or other Person or Persons shall take in pawn, buy, exchange or receive any Clothes, Linen or other Goods, marked, stamped, or branded as aforesaid, upon any Account or Pretence whatever, such Mark, Stamp, or Brand thereon to be considered and taken as sufficient, without further Proof, that the Articles so marked, stamped, or branded are the Property of the said Commissioners; or that if any Pensioner, or other Person or Persons, shall cause such Mark or Stamp, Marks or Stamps, to be taken out, obliterated, or defaced, from any of the Articles belonging to the said Royal Hospital, the Person or Persons so offending shall forfeit for every such Offence the Sum of Ten Pounds, upon Conviction, thereof by the Oath of One or more credible Witness or Witnesses, before any One or more of His Majesty's Justices of the Peace of the County wherein the said Offence or Offences shall be committed; and that such Penalty shall be levied by Warrant under the Hand and Seal or Hands and Seals of the said Justice or Justices of the Peace, by Distress and Sale of the Goods and Chattels of the said Offender or Offenders; and that One Moiety of the said Penalty or Penalties shall be paid to the Informer or Informers, and the other Moiety shall go and be paid to the Use of the said Hospital; and that in case any Offender, who shall be convicted of having pawned, sold or illegally disposed of, or bought, exchanged, received or taken in pawn, any such Clothes, Linen or other Goods as aforesaid, or of having caused such Mark or Stamp, Marks or Stamps as aforesaid, to be taken out or defaced, shall not have (or shall at the Time of Conviction declare that he or she has not) sufficient Goods and Chattels whereon Distress may be made to the Value of the said Penalty or Penalties recovered against him or her for such Offence or Offences, or that in case it shall be considered by the Justice or Justices before whom such Offender shall be convicted, that the Offender so convicted is likely to abscond before the said Penalty or Penalties can be levied by Distress, that then and in every such Case such Justice or Justices of the Peace shall and may, by Warrant under his or their Hand and Seal or Hands and Seals, commit the Offender to the Common Gaol of the County where such Offence or Offences shall be committed, there to remain without Bail or Mainprize for the Space of Three Calendar Months, or until the said Penalty or Penalties shall be paid; and that all Actions or Suits to be brought or commenced by or on behalf of the Commissioners of the said Royal Hospital for Soldiers atChelsea , shall be brought, commenced, and prosecuted in the Name of the Treasurer or Deputy Treasurer of the said Royal Hospital for the Time being; and that upon the Trial or Hearing of any such Action or Suit, it shall not be necessary to produce the Commission appointing the Commissioners of the said Royal Hospital, nor the Warrant or Authority appointing the said Treasurer or Deputy Treasurer to their respective Offices, but that the general acting of the said Treasurer or Deputy Treasurer in their said respective Offices of Treasurer or Deputy Treasurer shall be deemed sufficient Proof of the due Appointment of them respectively to their said respective Offices; and that in all Indictments, Informations, and other Proceedings against any Person or Persons, for feloniously stealing or taking away, or pawning or unlawfully disposing of, or buying, exchanging, receiving or taking in pawn, any Goods or Property belonging to the said Royal Hospital, or the Commissioners of the same, it shall be sufficient to charge the same as being the Property of the Commissioners of the Royal Hospital for Soldiers at shall be and the same is and are hereby declared to be repealed: Provided always, that the Repeal of the said first recited Act of Parliament of the Forty sixth Year of His late Majesty, intituledAn Act for making better Provision fir Soldiers , shall not take away or affect any Right, Claim or Title to the Grant of any Pension existing at the Time of passing this Act, or any Order or Regulation respecting the same, except so far as if especially...

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