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SEAMEN'S FUND WINDING-UP ACT 1851
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CHAPTER CII.
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An Act to amend the Acts relating to the Merchant Seamen’s Fund, and to provide for winding up the said Fund, and for the better Management thereof in the meantime. [8th August 1851.]
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[Preamble recites 20 Geo. 2. c. 38; 4 & 5 Will, 4. c. 52; 6 & 7 Will. 4. c. 15; and that it is expedient that the fund established under the provisions of those Acts and known as the Merchant Seamen’s Fund should be brought to an end.]
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I. Preliminary
Short title.
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1. This Act may be cited as “The Seamen’s Fund Winding-up Act, 1851.”
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Interpretation of terms.
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2. The following words and expressions in this Act shall have the meanings hereby assigned to them, if not inconsistent with the context or subject matter; (that is to say,)
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The expression “United Kingdom” shall be taken to mean the United Kingdom of Great Britain and Ireland:
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* * * * * *
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The expression “President and Governors” shall mean the president and governors for the relief and support of sick, maimed, and disabled seamen, and of the widows and children of such as shall be killed, slain, or drowned in the Merchant Service, incorporated by the first of the said recited Acts:
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The expression “the fund” shall mean the Merchant Seamen’s Fund:
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The word “ship” shall include every description of vessel employed on the high seas or on the coasts of the United Kingdom, or in any port or creek of the same, except boats exclusively employed in fishing on the coasts of the United Kingdom, or the islands of Guernsey, Jersey, Sark, Alderney, or Man, and except vessels employed exclusively in trading or going only from place to place within any river of the United Kingdom:
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The expression “home-trade ship” shall include every ship included in the above definition, employed in trading or going within the following limits (that is to say), the coasts of the United Kingdom, the islands of Guernsey, Jersey, Sark, Alderney, and Man, and the continent of Europe between the river Elbe and Brest, inclusive:
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The expression “foreign-going ship” shall include every “ship” included in the above definition, employed in trading or going beyond the limits aforesaid:
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The word “owner,” when applied to a ship shall include all the persons, if more than one, to whom the ship belongs:
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The word “master” shall include every person having command or charge of a ship:
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The word “seaman” shall include every person (except masters and apprentices duly indentured and registered) employed or engaged to serve in any capacity on board any ship.
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[S.3 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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III. Agency for managing the fund.
Board of Trade to superintend the business of winding up the fund.
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4. The Board of Trade shall undertake the general super vision of the business of winding up the fund in manner herein after mentioned; . . . and such board, may, for the purpose of carrying this Act into execution, appoint such officers, clerks, and servants as it may deem necessary, and make use of the General Register Office of Merchant Seamen, and may, if necessary for such purpose, increase the number of persons employed there, and may appoint additional remuneration to any persons now employed there upon whom additional duties are thrown by reason of this Act.
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Saving as to certain trustees.
20 Geo. 2. c.38. 4 & 5 Will. 4. c. 52.
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5. The president and governors and the several boards of trustees nominated under the provisions of the Act of the twentieth year of the reign of King George the Second, chapter thirty-eight, and of the Act of the fourth and fifth years of the reign of King William the Fourth, chapter fifty-two, or of either of such Acts, shall continue to exist, and to have succession, or to be from time to time nominated, as provided by the said Acts or either of them, for such time and to such extent as are consistent with the provisions of this Act, and necessary for carrying the same into effect; and the said president and governors and boards of trustees, (including the Guild and Brother hood of the Master and Pilots Seamen of the Town and Port of Kingston-upon-Hull, and the Master, Wardens, and Commonalty of Merchant Venturers of the City of Bristol,) shall continue to have and exercise such of the powers granted to them respectively by the said Acts or either of them as are consistent with the provisions of this Act; but no trustees shall be appointed at any outport at which they have not been appointed before the passing of this Act.
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Power of Board of Trade to suspend the functions of trustees.
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6. If the said president and governors, or any of the boards of trustees at outports, fail to be duly chosen or constituted, or resign, or neglect or refuse to discharge their duties in respect of the fund, or to obey any of the provisions of this Act, or any regulations or orders lawfully issued in pursuance thereof, the Board of Trade may, by letter to be signed by one of the secretaries or assistant secretaries to such board, declare the functions of the said president and governors or of any such board of trustees (as the case may be) in respect of the fund to be suspended; and the said corporation or board of trustees shall thereupon cease, so long as such suspension continues, to have any rights or powers in respect thereof, and shall deliver all property and matters relating to the said fund to the Boar of Trade, or as it directs; but no such suspension shall relieve the said president and governors, or any such board of trustees, from the obligation of making any payments, transfers, deliveries, returns, accounts, or explanations, which the Board of Trade is hereby authorized to require.
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Their function in that case may he under taken by Board of Trade, or committed to local marine board.
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7. In any case in which the functions of the said president and governors or of any of the boards of trustees of outports are suspended as herein-before mentioned, the Board of Trade may, in its discretion, either take into its own hands the entire management of that portion of the fund with reference to which such functions are suspended, or, if there is a local marine board at the port willing to undertake the same, may commit the functions of the said president and governors or of such board of trustees, as the case may be, or any part of such functions, to such local marine board, and may at any subsequent time, if it thinks fit, resume the same or any part thereof.
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Shipping masters appointed under 13 & 14 Vict. c. 93. to act as receivers, &c.
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8. At each port the shipping masters appointed under the Mercantile Marine Act, 1850, or such of the said shipping masters, if more than one, as the Board of Trade directs, shall be the receivers of such contributions to the fund from masters and seamen as may be payable under the provisions herein-after contained; and in the case of shipping masters appointed by a local marine board constituted under the said last-mentioned Act, such board may, with the sanction of the Board of Trade, and in other cases the Board of Trade may appoint any clerks or servants to assist the shipping masters in the discharge of their duties as receivers; and the Board of Trade may sanction such remuneration (if any) as it may deem necessary for the discharge of such duties.
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Persons now employed may be continued; but Board of Trade may regulate remuneration and may dismiss them, &c.
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9. The several persons now employed by the said president and governors or by the said boards of trustees at outports in any duties other than the collection of the duties payable under the said Acts shall, unless the Board of Trade otherwise directs, be continued in such employment, so far as the same may be requisite for the purposes of this Act; but the Board of Trade may alter and regulate the salaries or remuneration to be paid to such persons, and, if it appears to such board that their services may be dispensed with, may dismiss them, and may commit the performance of their duties to the shipping masters above mentioned, or to any other persons whom it may appoint for the purpose, and may also, in any cases in which it appears to such board just and proper so to do, grant to any persons so dismissed, and also to any persons now employed in the collection of duties, a fair and moderate compensation for any loss they may sustain by reason of this Act.
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New officers to be sanctioned by the Board of Trade.
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10. No new officers or servants shall be appointed to assist in the administration of the fund, and no salaries or remuneration shall be granted or expences incurred, without the sanction of the Board of Trade.
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Security from officers.
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11. The Board of Trade may require from all persons employed in the collection or distribution of the fund such security for the performance of their duties as it may consider expedient.
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Salaries, &c.
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12. All salaries, remunerations, and compensations hereby authorized shall be first submitted to the Treasury, for their approval.
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Payments out of general fund.
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13. All salaries, remunerations, and wages payable to any persons employed in the administration of the fund, and all expenees incurred in respect thereof, shall be defrayed out of the general fund herein-after mentioned; and all disbursements on account of the fund shall be made through the hands of the officers appointed for that purpose, and shall not be made by any other person or in any other manner.
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IV. Sources and collection of fund.
One general fund to be formed.
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14. All monies and property, whether real or personal, forming part of or belonging to the Merchant Seamen’s Fund or any branch thereof, as well capital stock, land, and securities, as yearly revenue and cash, and all monies arising from contributions or otherwise accruing to the said fund, shall form one general fund for the purpose of meeting the various expenees hereby authorized.
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[S. 15 (requiring president and governors and boards of trustees at out ports to apply general property belonging to the Fund as the Board of Trade directs) rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Property held upon special trusts to be retained or transferred to new trustees, as the case may require.
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16. If the president and governors or any such board of trustees as aforesaid of the fund have in their possession or power as trustees of the fund any monies or other property, either real or personal, held upon trusts for special or local purposes, distinct from the general purposes of the fund at the port, they shall, so long as they continue to act as administrators of the fund, apply such monies and property upon the trusts and for the purposes, upon and for which the same ought according to law to be applied, and, if they cease to act as administrators of the funds, shall, upon being required so to do by the Board of Trade, pay and transfer such last-mentioned monies and property to such new trustees as the Board of Trade appoints for the purpose; and whenever any subsequent appointment of new trustees of such monies and property is rendered necessary by death, resignation, or otherwise, the Board of Trade shall make the same; and such monies and property shall be paid over and transferred to the new trustees so appointed from time to time as occasion requires; and all such new trustees as aforesaid shall hold and administer all monies and property so paid and transferred upon the trusts and for the purposes last aforesaid.
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Provision for distinguishing between general property of fund, and property held upon special trusts.
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17. If in any case a question arises whether any monies and property in the possession or power of the said president and governors or trustees are, under the provisions herein contained, applicable to the general purposes of the fund or to such special or local purposes as aforesaid, and any arrangement for settling such question is agreed to by such president or governors or trustees, (as the case may be,) and is approved of by the Board of Trade as a fair and proper arrangement, such monies or property shall be applied in pursuance of such arrangement; and such application shall not be deemed to be a breach of trust.
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President and governors and trustees to render accounts.
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18. Immediately after the passing of this Act, or as soon as possible afterwards, the president and governors and the several existing boards of trustees shall render to the Board of Trade such account as it requires of all the monies, stocks, securities, and property, whether real or personal, in their respective pos session or power as trustees or managers of the fund, and shall distinguish such as are held for special or local purposes from such as are applicable for the general purposes of the fund, and shall specify the nature of such trusts, and shall, if required, deliver to the said commissioners all documents relating to any of such monies, stock, securities, and property; and, notwith-standing anything herein contained, the said president and governors and boards of trustees shall, until the completion of the transfers, payments, accounts, returns, and deliveries which are directed by this Act, or which the Board of Trade is hereby authorized to require, continue to have such powers as may be necessary in order to effect the same.
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Payments, &c. to be valid, but not to operate as release from breach of trust.
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19. Every payment and transfer duly made as aforesaid shall he effectual in the law, and shall relieve the parties making the same from all liability in respect of any subsequent application of the monies and property so paid or transferred; but nothing herein contained shall operate to release any person or corporate body from any liability arising from any breach of trust previously committed by such person or body.
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No compulsory contributions in future.
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20. No master or seaman shall be compelled to pay any duty or contribution to the fund; . . .
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No one who has not contributed to be allowed to contribute.
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21. No master or seaman who has not contributed to the fund before the passing of this Act shall be allowed to contribute thereto, or to establish any claim for a pension or other relief for himself or for his wife or children.
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Those who have contributed to be allowed to continue.
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22. All masters and seamen, who before the passing of this Act have contributed to the fund, shall be allowed to continue to contribute thereto in manner herein-after mentioned, and shall in respect of their contributions be entitled to relief in the manner and subject to the conditions herein-after mentioned.
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[S. 23 (authorizing the Board of Trade to fix the time at which future contributions are to commence) rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Rate and mode of voluntary contribution for men discharged before a shipping master according to 13 & 14 Vict. c. 93
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24. In the case of masters who discharge their crews before a shipping master under the provisions of the Mercantile Marine Act, 1850, and of seamen who are so discharged, such voluntary contributions shall be as follows; (that is to say,) every master shall pay two shillings and every seaman one shilling for each calendar month of service, and the same respective sums for any further number of days of service exceeding twenty, and one-half of such respective sums for any further number of days of service exceeding ten and not exceeding twenty, and one third of such respective sums for any further number of days not exceeding ten (such further numbers of days to be reckoned as one month, one half month, and one third of a month respectively); and such service shall in the case of masters and seamen respectively be reckoned from the day of their respectively signing the agreement to the day of their discharge inclusive; and such voluntary contributions shall be paid to such shipping master as aforesaid at the time of the discharge.
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Rate and mode of voluntary contribution for men not discharged before a shipping master.
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25. In the case of masters and seamen who do not attend before a shipping master for the purpose of discharge, such voluntary contributions as aforesaid shall be paid after the rate and in the manner following; that is to say, sixteen shillings shall be deemed to be the yearly contribution for a masker and eight shillings the yearly contribution for a seaman, and so in proportion for any shorter period; and such sums shall be deemed to be payable quarterly in advance; and each master and seaman who wishes to contribute shall from time to time attend before some shipping master at stated periods to be appointed for the purpose by the Board of Trade, and shall then pay to him such proportion of his yearly contribution as he may think fit, so nevertheless that each such payment made at one time be either two shillings or some multiple of two shillings.
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Provision for the case of men entering the Navy.
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26. In the case of seamen who enter the Royal Navy and who desire to continue their contributions to the fund, such contributions shall be according to the rate herein-before fixed for the case of seamen who are not discharged before a shipping master, and shall be paid in such manner as the Board of Trade directs.
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[Ss. 27, 28 rep. 16 & 17 Vict. c. 131. s. 26. Ss. 29–38 rep. 17 & 18 Vict. c. 120. s. 4. S. 39 (authorizing the Board of Trade to fix a time at which grants of pensions were to commence) and s. 40 rep. 38 & 39 Vict. c. 66. (S.L.R.) S. 41 is local and personal.]
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No seamen to earn pensions unless they contribute for five years.
VI. Objects of relief.
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42. No pensions shall be granted, except to masters and seamen, or to the widows and children of masters and seamen, who have contributed to the fund for an aggregate period of sixty months . . .
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Failure to contribute for three years to be an abandonment of right to relief. Persons who are to be entitled to pensions.
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43. [1]
Any seaman who . . . before the termination of his last service at sea, ceases altogether for a continuous period of three years to pay his contribution to the fund, shall forfeit all claim to any relief for himself, his widow and children.
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Persons who are to be entitled to pensions.
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44. Subject as herein-before provided, such pensions and allowances as herein-after mentioned may be granted to any master or seaman who is rendered incapable of service by sickness, wounds, or other accidental misfortunes, or who becomes decrepit or worn out by age; and also to the widow and children of any master or seaman who is killed or drowned in the merchant service; and also to the widow and children of any master or seaman who has contributed for twenty-one years to the fund, or who is at the time of his death receiving or entitled to receive a pension; provided, in the case of such last-mentioned widow, that she was married to such master or seaman before he became entitled to relief, and, in the case of such last-mentioned children, that they are under the age of fourteen years, or are from infirmity incapable of getting a livelihood.
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Scale of pensions
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45. . . . all grants of pensions . . . shall be in conformity with such scale as the Board of Trade shall issue for that purpose.
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Rate of masters’ pensions
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46. The rate of pensions for masters, and for the widows and children of masters, shall be twice the amount of pensions for seamen, and for the widows and children of seamen respectively.
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Communication of pensions, and gratuities to widows.
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47. Provided, that in any case or class of cases in which it appears to the Board of Trade desirable so to do, such Board may commute any pension upon such terms as it thinks fit, and may also, as regards relief to widows and children, substitute gratuities for annual pensions, such gratuities to bear a fair pro-portion to the annual pension which would otherwise have been granted.
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[S. 48 rep. 50 & 51 Vict. c. 62. s. 6.]
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Pensions to be inalienable.
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49. All acts done by any master or seaman for the purpose of charging or alienating the whole or any part of his pension shall be absolutely null and void.
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Board of Trade may regulate the conditions of relief.
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50. Subject to the provisions herein-before contained, the Board of Trade may determine and regulate the principles and conditions upon which and the manner in which pensions or other relief are to be granted under this Act; . . .
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[S. 51 rep. 16 & 17 Vict. c. 131. s. 26.]
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VII. Mode of distribution
President and governors and trustees, unless suspended, to distribute relief.
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52. In London and in the outports under the management of the said president and governors, such president and governors, unless suspended as herein-before mentioned, and their officers, shall undertake the duty of ascertaining the persons who, under the provisions herein-before contained, or any regulations made in pursuance thereof, are entitled to relief; and in outports having boards of trustees, such trustees and their officers, unless suspended as aforesaid, shall undertake such duty; and in case of any such suspension as aforesaid the local marine board of the port, if appointed to act in administering the fund under the powers herein-before contained, or such persons as the Board of Trade may appoint for that purpose, shall undertake such duty; and if in any case it appears to the Board of Trade that any pension or other relief is granted or refused in a manner inconsistent with the provisions of this Act, or with any regulations issued by virtue of powers herein contained, the Board of Trade may disallow such grant or refusal, and either withhold, grant, or alter the relief, as the case may require.
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Regulations as to applications for pensions, and distribution therof.
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53. The Board of Trade may make regulations as to the times and places at which and the manner in which applications for pensions or other relief are to be made, and as to the evidence to be required, and may also, subject to the express provisions herein contained, make regulations as to the time, place, and manner of distributing the same.
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Certificates, &c. to be exempt from stamp duty and consuls’ fees.
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54. All certificates, receipts, or other documents used by or under the directions of the Board of Trade in carrying the provisions of this Act into execution, shall be exempt from stamp duty; and any certificates or other documents, which may be required from any consul or vice consul for the purpose of proving claims to pensions or other relief under this Act, shall be given by him without fee.
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Punishment for forgery and personation.
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55. Every person who, for the purpose of obtaining, either for himself or for another, any pension, payment, or relief from the fund, fraudulently forges or alters, or procures to be forged or altered, or assists in forging or altering, any certificate or other document purporting to show or assist in showing a right to such pension, payment, or relief, and every person who for the purpose aforesaid fraudulently makes use of any forged or altered certificate or other such document as afore said, or any certificate or other such document as aforesaid not belonging to him, or who for the purpose aforesaid gives or makes or procures to be given or made, or assists in giving or procuring to be given or made, any false evidence or representation, knowing the same to be false, shall be punishable with transportation for seven years, or may be summarily prosecuted before two or more justices, or in Scotland before two or more justices or the sheriff, and punished upon conviction by imprisonment for a person not exceeding six months, with or without hard labour.
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[S. 56 rep. 16 & 17 Vict. c. 131. s. 26.]
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VIII. Accounts and returns.
Accountant for the purposes of this Act.
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57. The person appointed for the time being to act as accountant to the Board of Trade in carrying into effect the provisions of this Act shall be the person who is to render the accounts of that board under this Act to the commissioners of audit, or other persons undertaking the audit thereof.
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Accounts and returns.
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58. The president and governors and all boards of trustees or other persons engaged in the administration of the fund shall keep their accounts in such manner as the Board of Trade directs, and shall also from time to time give to the Board of Trade such returns and accounts, and explanations in respect of all matters relating to the fund, whether past, present, or future as it may require.
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Annual report.
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59. On or before the first day of March in every year, the Board of Trade shall cause to be made out a report for the past year, in such form as they may think fit, containing the following particulars:
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1. The total amount of receipts and disbursements for the year under their several heads:
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2. The total amount of money in hand at the end of the preceding year, including the balance at the Bank of England, and any sums which may be outstanding in the hands of receivers:
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3. The total amount of the capital belonging to the fund, with the several investments thereof, distinguishing such capital as is still outstanding, and such debts and investments as are considered bad or doubtful:
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4. The number of pensioners, distinguishing between men, women, and children, and between different scales of pension, and the total amount of pensions in each class:
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5. The number and amount of the whole of the pensions, and of each class of pensions, granted in the year:
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6. The number and amount of the whole of the pensions, and of each class of pensions, expired in the year:
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7. The amount of salaries and expenees of management:
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8. A statement of the money and securities applicable to private trusts, with a general account of the nature of the trusts, and of the income and expenditure in respect thereof:
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And such other particulars as the Board of Trade may deem expedient:
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And such report shall be laid before each House of Parliament in the month of March in every year, if Parliament is then sitting, or, if not, within one month after the next meeting thereof.
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IX Legal proceedings.
Orders, &c. published in Gazette to be evidence.
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60. All notices published in the London Gazette, and purporting to be notices or copies of any orders or regulations issued by the Board of Trade in pursuance of this Act, shall be taken as evidence of such orders or regulations, without further proof.
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[S. 61 rep. 17 & 18 Vict. c. 120. s. 4.]
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[1 S. 43 is amended, and as amended, applied to masters 43 & 44 Vict. c.22 s. 3.] |
