Court to examine into the

fet forth in Return.

Court may con

Return.

the faid Writ and Return, together with fuch Recognizance, Affidavits and Affirmations; and thereupon it shall be lawful for the faid Court to proceed to examine into the Truth of the Facts set forth in the Return, in a fummary Way by Affidavit or Affirmation (in cafes where by Law Affirmation is allowed), and to order and determine touching the discharging, bailing or remanding the Party.

IV. And be it further enacted by the Authority aforefaid, That trovert Truth of the like Proceeding may be had in the Court for controverting the Truth of the Return to any fuch Writ of Habeas Corpus, awarded as aforefaid, although fuch Writ fhall be awarded by the said Court itself, or be returnable therein.

Writ may run into Counties Palatine, Cinque Ports and privileged Places, &c.

V. And be it declared and enacted by the Authority aforesaid, That a Writ of Habeas Corpus, according to the true Intent and Meaning of this Act, may be directed and run into any County Palatine or Cinque Port, or any other privileged Place within that Part of Great Britain called England, Dominion of Wales and Town of Berwick upon Tweed, and the Ifles of Jerfey, Guernsey and Man, refpectively; and alfo into any Port, Harbour, Road, Creek or Bay upon the Coaft of England or Wales, although the fame should lie out of the Body of any County; and if such Writ shall iffue in Ireland, the fame may be directed and run into any Port, Harbour, Road, Creek or Bay, although the fame fhould not be in the Body of any County; any Law or Ufage to the contrary in anywife notwithstanding.

VI. And be it further enacted by the Authority aforefaid, That the feveral Provifions made in this Act, touching the making Writs of Habeas Corpus, iffuing in time of Vacation, returnable into the faid Courts, or for making fuch Writs awarded in Term time, returnable in Vacation, as the cafes may respectively happen, and also for making wilful Difobedience thereto a Contempt of the Court, and for iffuing Warrants to apprehend and bring before the said Justices or Barons, or any of them, any Perfon or Persons wilfully difobeying any fuch Writ, and in cafe of Neglect or Refufal to become bound as aforefaid, for committing the Perfon or Perfons fo neglecting or refufing to Jail as aforefaid, refpecting the Recognizances to be taken as aforefaid, and the Proceeding or Proceedings thereon, fhall extend to all Writs of Habeas Corpus awarded in purfuance of the faid Act, paffed in England in the Thirty first Year of the Reign of King Charles the Second, or of the faid Act paffed in Ireland in the Twenty firft and Twenty fecond Years of His prefent Majefty, and hereinbefore recited, in as ample and beneficial a manner as if fuch Writs and the faid cafes arifing thereon had been hereinbefore specially named and provided for refpectively.

CAP. CI.

An Act for enabling the Officers in His Majefty's Navy, and
their Representatives, to draw for and receive their Half
Pay; and for transferring the Duty of making certain Pay-
ments from the Clerks of the Cheque at His Majefty's Dock
Yards to the Clerks of the Treasurer of the Navy at the
fame Yards.
[1ft July 1816.].

· HEREAS by an A&t paffed in the Thirty firft Year of
the Reign of His late Majefty King George the Second,
intituled An Ad for the Encouragement of Seamen employed in the

Royal

Royal Navy, and for eftablishing a regular Method for the punctual, frequent and certain Payment of their Wages, and for enabling them more eafily and readily to remit the fame for the Support of their Wives and Families, and for preventing Frauds and Abuses attending fuch Payments; and by another Act paffed in the Thirty 35 G. 3. c. 28. fifth Year of the Reign of His present Majesty, intituled An A& to enable Petty Officers in the Navy, and Seamen, Non Commiffioned Officers of Marines, and Marines, ferving in His Majefty's Navy, to allot Part of their Pay for the Maintenance of their Wives and Families; and by another Act paffed in the faid Thirty fifth Year 35 G.3. c. 94. of the Reign of His prefent Majefty, intituled An Ad for eftablifbing a more eafy and expeditious Method for the punctual and frequent Payment of the Wages and Pay of certain Officers belonging to His Majefty's Navy; and by another Act paffed in the Forty third Year of the Reign of His prefent Majefty, intituled An A 43 G. 3. c. 119. for improving the Funds of the Cheft at Chatham, and for transferring the Adminiftration of the fame to Greenwich Hofpital, and for ameliorating the Condition of the Penfioners on the faid Funds ;

and by another Act paffed in the Forty ninth Year of the Reign 49 G. 3. c. 35. of His prefent Majefty, intituled An A&t for the more convenient Payment of Penfions to Widows of Officers of the Navy; and by another Act paffed in the faid Forty ninth Year of the Reign of 49 G. 3. c. 45. • His prefent Majefty, intituled An Ad for more conveniently paying of Allowances on the Compaffionate Lift of the Navy, and of Half Pay to Officers of the Royal Marines; and by another Act paffed

in the faid Forty ninth Year of the Reign of His present Majesty, 49 G. 3. c. 108. intituled An Ad to amend the several Acts refpe&ing the Payment of Wages and Prize Money and Allotment of Wages to Perfons ferving in His Majefty's Royal Navy; and by another A&t paffed

in the Fifty fifth Year of the Reign of His prefent Majefty, inti- 55 G. 3. c.60. tuled An Act to repeal feveral Ads relating to the Execution of "Letters of Attorney and Wills of Petty Officers, Seamen and Marines, in His Majefty's Navy, and to make new Provifions refpecting the fame; certain Provifions and Regulations were made refpecting the Mode of Officers in His Majefty's Naval Service receiving their Half Pay, and refpecting Remittances, Allotments and Pay⚫ments of certain Wages, Pay, Allowances, Penfions and Bounty Money in the faid Act refpectively mentioned, the Payments whereof are by the faid A&t refpectively in certain cafes therein fpecified, authorized and directed to be made (among other Perfons) by the Clerks of the Cheque at His Majefty's Dock Yards: And Whereas it would tend to the Convenience and Advantage of the Commiffioned and Warrant Officers in His Majefty's Navy on Half Pay, and of Perfons receiving Penfions on the Ordinary • Eftimate of the Navy, the Bills for which are made out at the • Navy Office, if they were enabled to draw for fuch Half Pay and • Penfions by Bills of Exchange on the Commiffioners of His Majesty's Navy, inftead of being paid the fame by Remittance Bills, in the manner now used:' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That at the Expiration of Six Months from and after the paffing of this Act, if any Officer in His Majefty's Navy, who fhall be entitled to receive

any

Half Pay and
Penfions may be
paid by Bills of
Exchange.

Reprefentatives
of deceafed Offi-
cers may receive

Half Pay as
Officer himself

might have done.

Former A&s applied.

Officers may re

ceive their Half Pay by Extract, in manner herein

mentioned.

any Sum of Money for or on account of his Half Pay, or any Perfons receiving Penfions on the Ordinary Estimate of the Navy, the Bills for which are made out at the Navy Office, fhall be defirous of drawing a Bill of Exchange for the fame upon the Commiffioners of His Majefty's Navy, inftead of receiving the fame by Remittance Bill, and fhail fignify fuch Defire by Letter to the Treafurer of His Majefty's Navy, the proper Officer in the Navy Pay Office (first satisfying himself of the Amount of Half Pay due from the Half Pay Book in the Navy Pay Office, and of the Penfion due from the Bill made out by the Commiffioners of the Navy), fhall certify the fame upon an Order to draw (according to the Form in the Schedule hereunto annexed), which Order shall be figned by the Commiffioners of the Navy, attending the Naval Payments at the Navy Pay Office, and fhall be then dispatched from the faid Office to the Officer fo defiring Payment, and fuch Order and Bill, when returned duly filled up to the Commiffioners of the Navy, upon whom it fhall be drawn, fhall be affigned for Payment on the Treasurer of the Navy by Three of the faid Commiffioners, and fhall be paid in the fame manner as Officers' Quarterly Bills are now paid, and thefe Bills fo affigned fhall, when paid, be a fufficient Voucher and Discharge to the faid Treafurer for fuch Payment in his Annual Account.

II. And be it further enacted, That if the Executors or Adminiftrators of any deceased Officer in His Majefty's Navy, who at the time of his Death was entitled to any Half Pay, or the Executors or Adminiftrators of any deceased Person receiving a Penfion payable by Bill made out at the Navy Office, fhall be defirous of receiving fuch Half Pay or Penfion by Remittance Bill, Bill of Exchange or Extract, either in the manner hitherto ufed or by this A&t provided, for the Payment of fuch Half Pay or Penfion, and fhall fignify fuch his, her or their Defire by Letter to the Treasurer of the Navy, requesting Payment thereof by any of the Modes aforefaid, it fhall and may be lawful to and for the Treasurer of the Navy to pay or cause the fame to be paid to fuch Executors or Adminiftrators in the manner required, and that all and every the Claufes, Provifoes, Pains, Penalties and Regulations contained, and now in force, in any former A&t or A&ts or in this Act, as to the Payment of fuch Half Pay or Penfion by any of the Modes aforefaid, fhall be applied to fuch Payments, to fuch Executors and Adminif trators in fuch and the fame manner as the fame are now or have been hitherto applicable to any fuch Payments, as fully and effectually to all Intents and Purposes as if the fame were herein and hereby repeated and reenacted.

• III. And Whereas it may in fome cases be more convenient to Officers in His Majefty's Navy on Half Pay refiding near any of His Majesty's Dock Yards, that they should be enabled to receive the fame by Extract in the manner hereinafter mentioned, instead of being paid the fame by Remittance Bill, or by Bill of Exchange to be drawn as hereinbefore mentioned;' Be it therefore enacted, That after the Expiration of Six Months from and after the paffing of this Act, if any Officer in His Majefty's Navy, who shall be entitled to receive any Sum of Money for or on account of Half Pay, fhall be defirous of having his Half Pay paid to him by Extract at any of His Majefty's Dock Yards where Clerks for the Payment

of

of Wages for the Navy fhall refide, inftead of receiving the fame by Remittance Bill, or Bill of Exchange, it shall and may be lawful to and for every fuch Officer to apply either to the proper Clerk at the Navy Pay Office in London, or at the Pay Office at fuch Dock Yard, fignifying fuch his Defire; and thereupon in cafe any fuch Application fhall be made at any of the faid Dock Yards, fuch Clerk fhall take a Note thereof, and fhall at fuch Periods as may be neceffary make out and tranfmit to the Commiffioners of the Navy Lifts of the Names of fuch Officers as aforefaid, and the Particulars of the Half Pay claimed by them refpe&tively, together with the ufual Affidavit required in fuch cafe, which the Officer, upon his Application for Payment, fhall furnish to the faid Clerk; and the faid Commiffioners of the Navy, as well on receiving fuch Lifts as in the Event of fuch Application as aforefaid having been made at the Navy Pay Office in London, are hereby authorized and required to tranfmit to the proper Clerk at the Dock Yard, where the Payment is required to be made, an Extract from the Half Pay Book of Officers in His Majesty's Navy, fimilar to the Extracts now fent from Ships' Books, upon the Receipt whereof Payment shall be made to fuch Officer of the Sum due to him, and the Amount fo paid fhall be brought to Account and allowed in the Monthly Certificate in the fame manner as Payments upon Extracts from Ships' Books are allowed.

&C.

IV. And be it further enacted, That if any Perfon or Perfons Forging Certiffhall falfely make, forge or counterfeit, or caufe or procure to be cates, Powers, falfely made, forged or counterfeited, or willingly act or assist in the falfe making, forging or counterfeiting of any fuch Authority or Certificate, or Bill of Exchange or Affignment as aforefaid, or fhall utter or publifh as true any fuch falfe, forged or counterfeited Authority or Certificate, Bill of Exchange or Affignment, knowing the fame to be falfe, forged or counterfeited, with intent to defraud any Perfon or Perfons, Body or Bodies Politic or Corporate, every fuch Perfon fo offending fhall be deemed guilty of Felony, and being thereof lawfully convicted fhall fuffer Death as a Death, Felon without Benefit of Clergy.

Payments now

V. And Whereas it is expedient that the Duty of making cer'tain of the Payments as are by the faid recited Acts authorized ' and directed to be made by fuch Clerks of the Cheque as relate to Allotments, Remittances of Half Pay to Seamen's Wages, to 'Penfions payable by Bill, to Widows' Penfions, to Greenwich Pen'fions, to Payments on the Compaffionate Lift, and to King's Bounty to the Widows and other Relations of those flain in Fight, 'fhould be transferred to and be made by the Clerk or Clerks of the • Treasurer of His Majefty's Navy at the faid Dock Yards refpectively ;' Be it therefore enacted, That from and after the Expiration of Six Months from and after the paffing of this Act, the Duty of making the aforefaid Payments which by the faid Acts or any or either of them, or any other Act or Acts of Parliament are autho rized and directed to be made by the Clerks of the Cheque at His Majefty's Dock Yards, fhall be transferred to and fhall hereafter be the Navy. made by the Clerk or Clerks of the Treasurer of His Majefty's Navy at the fame Dock Yards refpectively; and that the Allotments, Remittance Bills, and all other Payments aforefaid, which under or by virtue of the faid Acts or any or either of them are

authorized

made by Clerks of the Cheque to be made by Clerks of the

Treasurer of

force.

authorized to be directed (among other Perfons) to fuch Clerks of the Cheque, fhall, inftead thereof (as to the faid Clerks of the Cheque) be directed to the Clerk or Clerks of the Treafurer of Former Acts in His Majefty's Navy, at the fame Dock Yards refpectively; and that all and every the Claufes, Provifions, Pains, Penalties and Regu lations contained and now in force in the aforefaid Acts, with respect to fuch Allotments and Remittance Bills as aforefaid, and the Payment thereof by the faid Clerks of the Cheque, fhall be applied to fuch Allotments and Remittance Bills as aforefaid, and the Payment thereof by the Clerk or Clerks of the Treasurer of His Majesty's Navy at any of the faid Dock Yards, in fuch and the fame manner as the fame are now applicable to fuch Allotments and Remittance Bills as aforefaid, and the Payment thereof by fuch Clerks of the Cheque, as fully and effectually as if the fame were herein and hereby repeated and reenacted; and that fuch of the faid Payments as come under the Head of Allotments fhall be checked as is now done at the Navy Office in London, and brought to account and allowed in the Monthly Certificate, and that thofe coming under the Head of Remittances of Half Pay and Remittances of Seamen's Wages fhall be brought to account and allowed in the fame manner as Payments upon Extracts from Ships' Books.

No Bill fubject to Stamp Duty.

VI. And be it further enacted, That no Bill of Exchange, which fhall be drawn under or by virtue of this Act, fhall be fabject or liable to or charged or chargeable with any Stamp Duty whatever. VII. And be it further enacted, That no Perfons refiding out of Benefit of Act. His Majefty's Dominions fhall be entitled to any of the Privileges and Benefits given or intended by this Act.

Who to have

SCHEDULE to which this Act refers.

FORM of the CERTIFICATE or Order for drawing a
BILL for Half Pay or Penfion, and of a Affignment
thereof, under the Authority of the A&t of the Fifty fixth
Year of His Majefty King George the Third.

HALF PAY OR PENSION.

being entitled to the Sum of

(on account of Half Pay, as a

in the Royal

Navy, or Penfion, as the cafe may be,) between the

and

is hereby authorized to draw the following Bill upon the Commiffioners of the Navy for the faid Sum. N. B. This Bill is not to be feparated from the Authority for drawing it.

being the Amount of in the Royal Navy,

THREE Days after Sight, please to pay to

or Order, the Sum of

(Half Pay due to me as a

or Penfion, as the cafe may be,) for the time above mentioned.

To the Honourable the Commiffioners of His
His}

Majefty's Navy, Somerfet Place.