« EelmineJätka »
cap. 50. ,
prize agents, or any other person or persons whomsover, and which is hereby directed to be paid over to the said United Company, and 15 July which shall be to be paid over in London, shall be paid within six calendar months next after the receipt thereof by such prize agent or agents, or other person or persons; and that all such money which shall be to be paid over at any of the settlements abroad of the said United Company, and which shall be in the hands of such prize agent or agents, or other person or persons, at the time when the governments at the said settlements respectively shall have caused the provisions of this act in that respect to be notified in the way in which general orders for the army are usually published at the said settlements respectively, shall be paid over within six calendar months next after such notification ; and that all such money which shall, after such notification, come to the hands of any prize agent or agents, or other person or persons whomsoever, shall be paid within six calendar months next after the receipt thereof by such prize agent or agents, or other person or persons. Agents and others to deliver accounts upon
oath. (5) And be it further enacted, that all and every person
and persons whomsoever, who are required by this Act to pay over any money to the said United Company, shall and they are hereby required, without further requisition or notice, to deliver or cause to be delivered to the secretary of the said United Company in London, or to the several secretaries of the respective governments at the settlements abroad, where such money shall be to be paid over to the said United Company respectively, a true and correct account of all the monies, remaining in his or their hands, and so to be paid over, with a list or lists of the names, rank, regiment, or other sufficient description of the persons entitled thereto, which accounts and lists shall be verified by the affidavit on oath of the party or one of the parties required to deliver the same, such oath to be taken before any magistrate or other person authorized by any court of law or equity to administer gaths, and which oath such magistrate or other person is hereby required to administer accordingly. Court of Directors and Governments abroad empowered to call for
accounts on oath. Not to require accounts which have been legally closed.
(6) And be it further enacted, that upon the reasonable request and notice of the Court of Directors of the said United Company, and the governments of the settlements of the said Company abroad respectively, all and every person and persons whomsoever, who are required by this Act to pay over any money to the said United Company, shall make out and deliver, or cause to be made out and delivered, to the secretaries of the said Court of Directors and of the said governments respectively requiring the same, full, true, and
1828. 15 July,
particular accounts in writing of all the receipts, payments, dealings,
the penalties of perjury.
same powers as
matters directed or required by this Act to be testified on oath, such 1828. person or persons so convicted as aforesaid shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons cap. 50.
9 Geo. 4, guilty of perjury are liable by any law in force in that part of the United Kingdom called England; and if any person shall corruptly procure or suborn any other person or persons to swear falsely in any such oath, such person, being duly convicted of such procuring and suborning, shall for every such offence incur and suffer such penalties, forfeitures, pains, and disabilites, as persons convicted of perjury are respectively liable unto by any law in force in the said part of the said United Kingdom called England.
Power of recovery of the Monies directed to be paid over. (8) And be it further enacted, that the said United Company shall have and be entitled to the same rights, powers, remedies, and methods of suit at law or in equity, or by any admiralty process, to be commenced and prosecuted in the name of the said United Company, in the several courts of justice in the United Kingdom, and in the EastIndies, and elsewhere soever, for discovery and recovery of the monies hereby directed to be paid over to the said Company, as the original owners thereof now have, or are entitled to use or exercise;
Courts of justice and all courts of law and equity, and of Admiralty invested with the
jurisdiction, in the United Kingdom, and in the Eastthey now have Indies, shall have and exercise the same jurisdiction, with respect to Greenwich and powers, and authorities for compelling all and every Chelsea Hospi- person
persons to account for and pay over the tals, and Court of Directors, &c.
monies hereby directed to be paid over to the said to exercise simi- United Company, as any court of law or equity, or of lar authority to Admiralty jurisdiction, may now lawfully exercise, with the treasurers.
respect to any unclaimed balances payable to the treasurers of Greenwich Hospital and Chelsea Hospital respectively, by virtue of any act or acts of Parliament, or any law, usage, or custom whatsoever; and that it shall and may be lawful to and for the Court of Directors of the said United Company, and the several governments of the settlements abroad of the said United Company, to exercise the same or the like powers and authorities, for the recovery of the monies hereby directed to be paid over to the said United Company, as may now be exercised by virtue of any act or acts of Parliament now in force relating to prize money by the treasurers of Greenwich Hospital and Chelsea Hospital respectively, so far as such powers and authorities extend to the recovery by them, and the discovery of unclaimed shares of prize money due and belonging to any officers, soldiers, or seamen in the service of his Majesty, and shall be applicable to the objects of this act, and all and every agent or agents shall be subject to the like penalties for neglect or default in not accounting for or paying over the share or shares, which by the said recited act or by this act is or are made payable to the said United
Company, as agents are made liable to by any act or acts now in force, for not accounting for or for not paying over shares and balances to the treasurers of Greenwich and Chelsea hospitals respectively.
Not to affect the interests of Chelsea or Greenwich Hospitals. (9) And be it further enacted, that nothing in this act contained shall extend or be construed to extend to affect the Royal Hospital for soldiers at Chelsea, nor the Royal Hospital for seamen at Greenwich ; nor to take away, repeal, diminish, or interfere with any claim, right, or interest which by virtue of any law or laws now in force may have been given, or are now existing, or may hereafter by virtue of the said acts become vested in the said Royal Hospitals, or in the treasurers thereof, on any unclaimed and forfeited shares of prize money, or for the recovery thereof, for the benefit of the said institutions, or for the benefit of the person or persons entitled to any unclaimed and forfeited shares of prize money; but the same shall continue and remain in the said Commissioners and in the said treasurers, as if this act had not been made.
Acquitting persons paying over Prize Money. (10) And be it further enacted, that all and every person and persons who shall pay over to the said Company, or to any other
person or persons by their order or for their use, any sum or sums of money required to be paid under the provisions of this act, shall, from and after such payment, be absolutely acquitted and discharged from all claims and demands whatsoever of all and
act to be defrayincurred or to be incurred in executing this act, and
ed out of the mcthe sums paid in remunerating the officers or persons nies recovered. employed on behalf of the said United Company, for their care, pains, and trouble in performing the regulations and directions thereof, shall, so far as the same relate to those officers or persons, be subject to the discretion of the Court of Directors for managing the affairs of the said Company, and shall be paid out of the principal monies to be recovered and discovered as aforesaid on account of such shares respectively: provided nevertheless, that no person Persons employemployed by the said United Company in executing ed by the Comthe regulations of this act, shall act as an agent for as agents. prizes, or be concerned directly or indirectly in the business thereof, under the penalty of five hundred pounds.
(12) Provided also, and be it further enacted, that Not to prevent nothing in this act contained shall extend or be con
not to act
rights to prize strued to extend to prevent any person or persons from money. resorting to any remedy at law or in equity against the said Company, for the recovery of principal, without interest, of any money to which he, she, or they may be entitled, and which shall have been paid to the
1823. 15 July, 9 Geo. to
said United Company, or which shall have been carried over by the said Company to the credit of either of the funds herein-before mentioned, under the directions of this act; provided such person or persons shall have preferred his or their claim thereto to the said Court of Directors, if such money shall have been paid over to the said Company in England, or shall have been carried over from their funds at home, or to the Governor in Council of the presidency where the same shall have been paid or carried over, if paid over to the said Company, or carried over from their funds in India, within six years after the same shall have been so paid or carried over; any thing herein contained to the contrary notwithstanding.