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An Act to alter and amend the Acts enabling Her Majesty
to grant Pensions to persons having held certain high
civil offices.
[9th August 1869.]
WHEREAS it is expedient to amend the law relating to

pensions to be granted to persons who have held offices in the civil service of the Crown which are usually held by members of the House of Lords or the House of Commons, and which offices are herein-after referred to as political offices: 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. This Act, with the exception of the reservation herein-after Application of contained, shall not apply to any office in the permanent civil Act. service of the Crown or in Her Majesty's household, or to any

legal office, other than the office of Judge Advocate General.

2. Political offices shall for the purposes of this Act be divided Classification into three classes; viz. :

of political offices, Class 1. Containing the office of the First Lord of the Admiralty and all other political offices remunerated with a yearly salary of not less than five thousand pounds : Class 2. Containing all such offices remunerated with a yearly salary of less than five thousand pounds and not less than two thousand pounds:

Class 3. Containing all such offices remunerated with a yearly salary of less than two thousand pounds and more than one thousand pounds.

3. Subject to the provisions of this Act Her Majesty may, if Limit of She shall think fit, by warrant under her royal sign manual, coun- amount of tersigned by two or more Commissioners of Her Majesty's Trea- pensions. sury, grant to any person in respect of his services, whether before or after the passing of this Act, in any office included in

Civil Offices (Pensions).

Mode of calculating time of

service.

Pensions payable out of

any of the above classes, a pension during life according to the following scale, viz. :

1st. A first-class pension, not exceeding two thousand pounds a year, in respect of a service of not less than four years, or its equivalent, in an office of the first class.

2d. A second-class pension, not exceeding one thousand two hundred pounds a year, in respect of a service of not less than six years, or its equivalent, in an office of the second class.

3d. A third class pension, not exceeding eight hundred pounds a year, in respect of a service of not less than ten years in an office of the third class.

4. For the purposes of this Act, service for any time in an office of the third class shall count as service for one half of that time in an office of the second class; and service for any time in an office of the second class shall count as service for one half of that time in an office of the first class; but no person shall be entitled to a first-class pension who has not actually served two years in an office of the first class, nor to a second-class pension who has not actually served three years in an office of the second class. Any person who having served for three years in a lower class, has afterwards served in a higher class for such time as would, if the service had been in the lower class, have entitled him to a pension in the lower class, shall be entitled to reckon the whole of his service as if it had been passed in the lower class. The time of service in political offices may for the purposes of this Act be continuous or at different times and in different offices of the above classes; but no pension under this Act shall be granted in any class while four pensions of that class are subsisting; nor shall more than one pension under this Act be granted in the same year: Provided that no office hereafter created shall be entitled to rank as one of the political offices within the meaning of this Act, unless such office shall have been created by Act of Parliament, nor shall in future any addition to the salary of any political office now existing, or hereafter to be created, made otherwise than under the authority of an Act of Parliament, entitle such office to rank in any higher class than that in which it would have ranked without such addition.

5. Pensions in respect of service in offices the salary of which is paid out of the revenues of India shall be paid out of those Indian revenue. revenues.

Pensioner not

to hold pension

under another Act.

6. Where a person receiving a pension under this Act was at the time of his application for such pension, or is afterwards, entitled to any emolument (including in the term any salary, compensation, superannuation allowance or pension,) which is payable out of any monies raised by taxation or out of other public revenue in any part of Her Majesty's dominions, or is received by way of fees or otherwise in respect of his holding any public office or employment in any part of Her Majesty's dominions, the payment of the pension under this Act shall, so long as he receives such

Civil Offices (Pensions).

emolument, if the amount thereof is greater than or equal to the pension under this Act, be suspended, and if less be diminished by the amount of such emolument; and if any person is at the time of his application for or while receiving a pension under this Act entitled to any such emolument, he shall forthwith deliver to the Commissioners of Her Majesty's Treasury a declaration under his hand stating the nature and amount thereof.

7. Section six of the Act of the session of the fourth and fifth years of the reign of King William the Fourth, chapter twentyfour, shall apply to pensions under this Act in the same manner as if they had been granted under the provisions of the said Act. 8. Every pension, not being chargeable on the revenues of India, granted under this Act shall be issued and payable out of and charged and chargeable upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland next in order of payment to and after paying or reserving sufficient to pay all such sums of money as have been directed to be paid by any former Act or Acts, but with preference to all other payments hereafter to be charged thereon as aforesaid, and the same shall from time to time be paid and payable quarterly.

4 & 5 W. 4.
c. 24. s. 6.to ap-
ply to pensions
under this Act.

Pensions under this Act payable quarterly

out of the Consolidated Fund.

9. The Acts specified in the schedule to this Act are hereby Repeal of prorepealed to the extent in the schedule mentioned:

Provided that

(1.) This repeal shall not affect any pensions which have been granted under any of the said Acts before the passing of this Act and are still in force, and those Acts shall apply to such pensions as if this Act had not passed.

(2.) Where a person is qualified by service before the passing of this Act to receive a pension under any of the said Acts, it shall be lawful for Her Majesty to grant a pension to such person in pursuance of those Acts; and those Acts shall apply, in the case of such pension, in the same manner as if this Act had not passed.

(3.) Where a person who is in the permanent civil service of the state is qualified by service before the passing of this Act to receive a pension under any of the said Acts, or would but for this repeal have become so qualified by service partly before and partly after the passing of this Act, then either

Or,

visions in schedule to this

Act.

(a) Such person may claim a superannuation allow 22 & 23 Vict. ance under The Superannuation Act, 1859:

(b) Such person may claim, and Her Majesty may
grant to him, a pension under the provisions of the
said Acts; and those Acts shall apply, in the case
of such pension, in the same manner as if this Act
had not passed.

c. 26.

10. This Act may be cited as The Political Offices Pension Short title. Act, 1869.

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Provisions of
18 & 19 Vict.
c. 63. to apply
to certain asso-
eiations.

57 Geo. 3. c. 65. An Act to enable His Majesty The whole Act.

6 Geo. 4. c. 90.

to recompense the services
of persons holding or who
have held certain high and
efficient civil offices.

An Act to amend an Act of the The whole Act.
fifty-seventh year of His
late Majesty, for enabling
His Majesty to recompense
the services of persons
holding or who have held
certain high and efficient
civil offices.

4 & 5 Will. 4. c. An Act to alter, amend, and

24.

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Sections
two, three,
four, five, and

one,

seven.

An Act to protect the Funds of Trades Unions from Embezzlement and Misappropriation. [9th August 1869.] E 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. An association of persons having rules, agreements, or practices among themselves as to the terms on which they or any of them will or will not consent to employ or to be employed shall not, by reason only that any of such rules, agreements, or practices may operate in restraint of trade, or that such association is partly for objects other than the objects mentioned in the Friendly Societies Acts, be deemed, for the purposes of the twenty-fourth section of the Friendly Societies Act, 1855, for the punishment of frauds and impositions, to be a society established for a purpose which is illegal, or not to be a friendly society within the meaning of the forty-fourth section of the said Act.

Imprisonment for Debt.

2. This Act shall not continue in force after the last day of Duration of August one thousand eight hundred and seventy.

Act.

3. This Act may be cited as The Trades Unions Funds Protec- Short title. tion Act.

CHAP. 62.

An Act for the Abolition of Imprisonment for Debt, for the punishment of fraudulent debtors, and for other purposes. [9th August 1869.]

ВЕ

E 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:

Preliminary.

1. This Act may be cited for all purposes as The Debtors Act, Short title. 1869.

Extent of Act.

2. This Act shall not extend to Scotland or Ireland. 3. This Act shall not come into operation until the day on Commencewhich The Bankruptcy Act, 1869, comes into operation, which ment and conday is herein-after referred to as the commencement of this Act, struction of and words and expressions defined or explained in The Bankruptcy Act, 1869, shall have the same meaning in this Act.

PART I.

Abolition of Imprisonment for Debt.

Act.

PART I.

4. With the exceptions herein-after mentioned, no person Abolition of shall, after the commencement of this Act, be arrested or imprisonment imprisoned for making default in payment of a sum of money. for debt, with exceptions. There shall be excepted from the operation of the above enact

ment :

1. Default in payment of a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract:

2. Default in payment of any sum recoverable summarily before a justice or justices of the peace :

3. Default by a trustee or person acting in a fiduciary capacity
and ordered to pay by a court of equity any sum in his
possession or under his control:

4. Default by an attorney or solicitor in payment of costs when
ordered to pay costs for misconduct as such, or in payment
of a sum of money when ordered to pay the same in his
character of an officer of the court making the order:
5. Default in payment for the benefit of creditors of any portion
of a salary or other income in respect of the payment of
which any court having jurisdiction in bankruptcy is
authorized to make an order:

6. Default in payment of sums in respect of the payment of which orders are in this Act authorized to be made : Provided, first, that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than one year; and, secondly, that nothing in this section shall

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