the fund of the department; nor without concurrence of his Majesty in council or of the Treasury. No superannuation or compensation with salary for efficient services. good services to any person holding or having held any civil office in any public department, shall be charged upon the incidents or any other fund of any such department; and that no such compensation, nor any allowance or compensation in the nature of superannuation, or retired allowance or reward, to any such person in respect of his having held any public office or employment, or having been engaged in any public service, shall be granted, allowed, or paid, other than under the authority of an order of his Majesty in council, or by the commissioners of his Majesty's Treasury, or any three or more of them. 20. Provided always, and be it further enacted, that in case any person enjoying any superannuation allowance, in consequence to be enjoyed of retiring from office on account of age, infirmity, or any other cause, or enjoying any compensation for past services upon the abolition or reduction of office, shall be appointed to fill any office in any public department,(1) every such allowance or compensation shall cease to be paid for any period subsequent to such appointment, if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him, and in case they shall not be equal to those of his former office, then no more of such superannuation allowance or compensation shall be paid to him than what with the salary of his new appointment shall be equal to that of his former office. Not to extend 21. Provided always, and be it further enacted, that nothing to half pay, &c. herein contained with respect to compensation, superannuation, or allowance for civil services, shall extend, or be construed to extend, to any military or naval half pay, or allowance in lieu of half pay, or to any military or naval allowance or pensions granted or to be granted, under the regulations of any order of his Majesty in council, in any of the respective departments of the commissioners of the Admiralty, the secretary at war, and the master general of the ordnance, except as herein-after is provided with respect to the same. Account of increase and diminution of public salaries, pensions, and allowances to be annually laid before Parliament. 22. And be it further enacted, that between the first day of February and the twenty-fifth day of March in every year, or if Parliament shall not be sitting during any part of that period, then within twenty days after the next meeting of Parliament, there shall be laid before both Houses of Parliament an account of every increase and diminution which shall have taken place within the preceding year, ending on the thirty-first day of December, in the number of persons employed in all public offices or departments under the Crown, and in the salaries, emoluments, allowances, and expences which shall have taken place or been paid, granted, received, or incurred for and in respect of all (1) The expression "office in any public department" is extended to any office in any public department in the British possessions by 35 & 36 Vict. c. 12. s. 1., post. See 35 & 36 Vict. c. 12. s. 2. for definition of British possessions. officers and persons belonging to or employed in all such public offices or departments, specifying the amount and nature thereof, and distinguishing every increase and diminution in the amount of all allowances or compensations granted as retired allowances or superannuations to any persons having held any office, place, or employment in any such public office or department, and also the time and length of service of every such person, and the amount of the salary and emoluments received by such person immediately preceding his superannuation or retirement, and the nature of his services, and the grounds upon which such increase or diminution in the establishment of every such public office or department, or of any such salary, emolument, allowance, compensation, or superannuation, shall have been granted or made; and also specifying the name of every person receiving such allowance or compensation who may have died in the course of the year, together with the amount of the annual allowance payable to such person. be laid before Parliament. 23. Provided always, and be it further enacted, that accounts Civil allowof all compensations for offices abolished, and of all allow- ances, &c. to ances in the nature of superannuation or retired allowances to all other persons in respect of their having held any public office or employment under the Crown, shall annually, at the period lastly provided, be laid before the Commons House of Parliament. 25. Provided always, and be it further enacted, that all half Half pay and pay and allowances in lieu of half pay in the several depart- military and naval pensions ments of the army, ordnance, navy, and marines, and all military to be laid beand naval allowances or pensions granted or which shall be fore Parliagranted in any of such departments under the authority of any ment in sepa order in council, shall be annually laid before the Commons House rate estimates. of Parliament in separate estimates, at the same time with the ordinary estimates of those respective departments, and shall be kept distinct from all pensions, compensations, superannuation and retired allowances in any of the civil offices of those departments respectively. vided for 10 26. And be it further enacted, that the compensations, super- Compensaannuations, and allowances authorized as well by this as any tions not proformer Act or Acts shall, when not specially provided for by be charged on Parliament, be charged upon and paid and payable by the funds of derespective departments or offices in which the persons receiving partments. such allowances shall have served. to be made by 28. And be it further enacted, that it shall be lawful for Average of the person or persons at the head of any department in which emoluments any fees or other sources of profit may form part of the emolu- heads of dements of any office in such department, to fix, with the approba- partments. tion of the commissioners of his Majesty's Treasury, or for the Act not to give an absolute right to allowances, or to prevent dismissal of persons for misconduct. * * * * commissioners of the Adiniralty, if the office shall be in that 30. Provided always, and be it further enacted, that nothing in this Act contained shall extend or be construed to extend to give any person an absolute right to compensation for past services, or to any superannuation or retiring allowance under this Act, or to deprive the commissioners of his Majesty's Treasury, and the heads or principal officers of the respective departments, of their power and authority to dismiss any person from the public service without compensation. limited to five years. 5 & 6 William IV.-A.D. 1835. CAP. XXIV. An Act for the Encouragement of the Voluntary Enlistment of Seamen, and to make Regulations for more effectually Manning His Majesty's Navy.(1) [21st August 1835.] WHEREAS it is expedient to limit the duration of the service of seamen in his Majesty's navy, and to increase the inducements to seafaring men voluntarily to enter into the same: Be it therefore enacted and declared 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 ParNaval service liament assembled, and by the authority of the same, that no person shall be liable to be detained against his consent in the naval service of his Majesty for a longer period than five years, to be computed from the day of his being entered into the same, unless he shall have voluntarily entered for a longer term, and except as herein-after provided; and that at the expiration of such period of continuous service he shall, upon his application for that purpose, be entitled to be discharged; and if the ship on board which he shall be serving be in any port of the If the ship be United Kingdom he shall be forthwith discharged; and in cases of men serving on board ships absent from the United Kingdom, the lord high admiral, or the commissioners for executing the office of lord high admiral, shall cause the necessary orders and abroad, sea men, on the expiration of their service, to be sent home by the earliest oppor tunity. (1) See the Naval Enlistment Act, 1853, 16 & 17 Vict. c. 69., p. 132, post, and the Naval Enlistment Act, 1884, 47 & 48 Vict. c. 46., post. These Acts are all to be construed together as one Act and may be cited as the Naval Enlistment Acts, 1835 to 1884. See Naval Enlistment Act, 1884 (47 & 48 Vict. c. 46.), s. 1., post. For period of service of boys, see Naval Enlistment Act, 1884 (47 & 48 Vict. c. 46.), s. 2., post. * * * gency, may one fourth in instructions to be given to all admirals and other officers in command of his Majesty's ships, that about the time when the period of their respective services shall expire every person entitled to his discharge on signifying to his captain or commanding officer his wish no longer to continue in the service, shall be discharged forthwith, if he desire it, or shall be sent by the earliest convenient opportunity, in some ship of his Majesty, to some port of the United Kingdom, to be there discharged: Provided always nevertheless, that if the admiral or commanding Admiral in officer of the fleet or squadron under whose command he shall case of emerbe, shall, in consequence of any special emergency, deem it detain them hazardous to the public service forthwith to discharge him, then six months such admiral or commanding officer shall have power to detain longer with him in the service for a further period of six calendar months, or crease of pay. until such emergency shall have ceased; Provided also, that if any seaman shall be under lawful arrest Seamen under at the period at which he shall be so entitled to his discharge, then such discharge shall not take place until such arrest shall charged until have ceased, or, in case he shall have been put under arrest in after trial, &c. order to be brought to trial for any offence, until he shall have been tried for such offence, and have undergone the punishment to which he may be adjudged for the same by sentence of courtmartial: And provided further, that nothing in this Act con- to perform tained shall be construed to exempt any person so entitled to his their duties, discharge from the performance of the duties of his station until and be amenhe shall have been actually discharged; and that every such discipline until person, so long as he shall be in the service, shall be amenable discharged. and subject to the discipline of the navy, and to the several provisions of the laws in being relating to the government of his Majesty's ships, vessels, and forces by sea. arrest for trial not to be dis ceive certifi to them. 2. And be it further enacted, that every such seaman who Discharged may have served the said term of five years, whilst any proclama- seamen to retion of his Majesty calling for the services of seafaring men cates, on which shall have been in force, shall, upon being discharged from the protections are navy, be entitled to receive from the captain or commanding to be issued officer of the ship from which he shall be so discharged a certificate of his service therein, containing a description of his age, person, and place of birth, upon the production at the Admiralty office of which and of similar certificates as to his service in any other of his Majesty's ships in which he may have served during such period of five years, (all which certificates the captains of such ships are hereby required to give him on his discharge from the same respectively,) and upon a comparison of the dates and particulars to be expressed in such certificates with the muster books of the several ships in which he shall have served, provided the particulars shall be found correct and the certificates be found genuine, a protection from service in the navy for the space of two years shall be issued to every such seaman gratis, under the hands of two or more of the commissioners for executing the office of lord high admiral and the seal of the 21936. F Punishment tificates, &c. office of admiralty, in such form as the said commissioners shall think fit: Provided always, that if any such seaman shall be discharged, except upon his own application, before the term of his service shall amount to five years as aforesaid, a protection shall be granted to him for the space of one year only. 3. And in order to prevent as far as may be frauds and for forging cer- impositions with respect to protections, be it further enacted, that if any person shall forge or counterfeit any certificate of service in his Majesty's navy, or any instrument purporting to be a protection from such service, or shall fraudulently utter or publish any forged certificate of such service, or any forged instrument purporting to be a protection from such service, knowing the same to be forged, or shall fraudulently alter any certificate or protection which shall have been duly granted or issued; or if any person shall forge or fraudulently alter any extract from a baptismal register, or shall knowingly utter any false or fraudulently altered extract from a baptismal register, or any false affidavit, certificate, or other document, in order to obtain from the Admiralty office a protection from his Majesty's naval service for himself or any other person; or if any person, being in the possession of a protection, shall lend, sell, or dispose thereof to any other person, in order fraudulently to enable such other person to make an unlawful use of the same; or if any person shall produce, utter, or make use of as a protection for himself any protection which shall have been made out or issued for any other individual; every person in any such manner offending shall be deemed guilty of a misdemeanor, and such protection shall thenceforward be null and void. * 8. And be it further enacted, that all the provisions contained in this Act in favour of volunteers shall be extended to the seamen belonging to the British colonies who shall freely enter themselves to serve in the navy; and that all such colonial seamen, after being discharged at the expiration of five years service, in case they shall be desirous to return to their native colony, shall either be conveyed thither free of expence, or be allowed a gratuity in money sufficient to cover the cost of their return thereto, as the commissioners for executing the office of lord high admiral shall think fit. 9. Provided always, and be it enacted, that nothing in this Act contained shall extend to control or diminish the authority vested in the lord high admiral and the commissioners for executing the office of lord high admiral to discharge, as he or they shall think fit, or to authorize the discharge of any seaman from his Majesty's naval service; and that if any seaman shall be desirous of being discharged from the naval service before the expiration of the period of five years for which he shall be engaged or shall be bound to serve, and shall provide one able seaman or two able-bodied landmen to serve in his stead, for a period of five years (if their services shall b so long required), |