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CHELSEA AND KILMAINHAM HOSPITALS ACT 1826

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - LONG TITLE

An Act to consolidate and amend several Acts relating to the Royal
Hospitals for Soldiers at Chelsea and Kilmainham.{1}
[11th April 1826]
Preamble rep. by SLR 1890

Ss.1, 2 rep. by SLR 1873

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 3
Pensions for disabled soldiers payable at Chelsea to be managed by
the commissioners of Chelsea Hospital.

3. The payment of all pensions, allowances, and relief, granted or
to be granted to disabled, invalid, and discharged soldiers, payable
at Chelsea, shall be under the management, controul, authority, and
direction of the lords and others, commissioners of the royal
hospital for soldiers at Chelsea in the county of Middlesex.

Ss.49 rep. by SLR 1873; SL(R) 1976

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 10
Soldiers discharged, &c. to be entitled to pensions under the
regulations and orders in force at the time of their enlistment.

10. Every soldier who shall from and after the passing of this Act
become entitled to his discharge by reason of the expiration of any
period of sevice fixed in any orders and regulations made by His
Majesty in that behalf, or shall have been discharged by reason of
being an invalid, or disabled, or having been wounded, shall
thereupon be entitled (except in the cases herein-after mentioned of
admission into either of the said hospitals at Chelsea ..., or
expulsion therefrom) to receive such pension, allowance, or relief,
as shall have been fixed in any orders or regulations made by His
Majesty in relation to such cases respectively and in force at the
time of his enlistment, and for the payment whereof money shall
have been voted by Parliament; and every such soldier shall receive
the same under the provisions of this Act, or any rules or
regulations made in pursuance thereof by the said commissioners of
the said hospital at Chelsea as aforesaid.

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 11
Regulations as to discharge, pensions, &c. and estimates for
pensions, &c. to be annually laid before Parliament.

11. Provided always, that all orders and regulations from time to
time made by His Majesty, in relation to the discharge of soldiers
after the expiration of any periods of service, and also in
relation to any pension, allowance, or relief, to any discharged or
invalid, disabled, or wounded soldiers, shall annually be laid before
Parliament; and that estimates of the amount of all such pensions,
allowances, and relief, and of all contingent expences and charges
relating to the payment, controul, and management thereof, shall also
be annually laid before Parliament.

S.12 rep. by SL(R) 1976

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 13
Commissioners of Chelsea Hospital empowered in case of frauds or
misconduct, to take away or refuse pensions.

13. It shall and may be lawful for the said commissioners of the
said hospital at Chelsea, and they are hereby authorized and
empowered, upon complaint and proof to their satisfaction being made
to them of any fraud, with respect to the claiming, obtaining, or
receiving of any pension or other money from the said hospital at
Chelsea, ..., or of other gross misconduct attempted or practised by
any person being a pensioner, entitled or claiming to be a
pensioner of the said royal hospital, to suspend or take away the
pension, or altogether reject, object to, or refuse the title or
claim to pension of the person so offending, and to issue to the
paymaster of out-pensions of the said hospital at Chelsea a notice
in writing, under the hand of the secretary, of any pension being
so suspended or taken away; and upon the said notice being issued
to the said paymaster of pensions he shall suspend the payment of
the pension therein mentioned, according to the tenor of the said
notice; anything in any other Act or herein contained to the
contrary thereof in anywise notwithstanding.

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 14
Commissioners empowered to expel in-pensioners guilty of offences or
misconducting themselves.

14. It shall be lawful for the said commissioners of the said
hospital at Chelsea, and they are hereby authorized and empowered,
as often as occasion shall arise, to remove and expel from the
said hospital at Chelsea any in-pensioner of the said hospital
convicted of any felony or misdemeanor, or who shall in any way
misconduct himself, so as to render him undeserving, in the judgment
of the said commissioners, to be continued any longer a pensioner
of the said hospital at Chelsea.

Ss.15, 16, 1822 rep. by 1830 c.41 s.1; SLR 1873; SL(R) 1976

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 23
Pensioners to give notice of change of residence.

23. Every pensioner resident in Great Britain or Ireland, who shall
be entitled to receive payment of his pension by remittance or
order, shall, as often as he shall change his place of abode, give
notice thereof to the said commissioners of the said hospital at
Chelsea; and in case, for want of any such notice, any loss shall
happen by reason of any remittance or order being sent for any
pension to the place from which such pensioner shall have removed
without giving such notice, and to which place his pension shall
have been remitted pursuant to the notice inserted in the preceding
affidavit, such loss shall fall upon and be borne and sustained by
such pensioner so making default in this behalf.

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 24
In-pensionsers to be considered as having given up all claim to
out-pension upon their admission to Chelsea.

24. Every non-commissioned officer or soldier, who shall have been
already admitted or shall hereafter be admitted as an in-pensioner
... at Chelsea ..., shall be considered and taken, at the time of
his admission thereto, to have for ever given up all right, title,
claim, and interest to any pension or annual allowance for his
services in the army, or for wounds or disabilities, and to which
he might otherwise be or have been entitled; and his claim, title,
and interest to any pension or allowance as aforesaid shall, from
and immediately upon his admission ..., be deemed and taken to have
ceased, determined, and become utterly null and void to all intents
and purposes, notwithstanding he may afterwards, from any cause
whatever, cease to be an in-pensioner ...: Provided always, that in
the event of any in-pensioner ... being allowed by the commissioners
of the said hospital at Chelsea to resign and quit ... as an
in-pensioner, for reasonable cause shown to them, it shall and may
be lawful for the said commissioners of the said hospital at
Chelsea to restore the non-commissioned officer or soldier so ceasing
to be an in-pensioner ..., either to the same out-pension to which
such non-commissioned officer or soldier was entitled at the time of
his entering ..., or to any less rate of pension, according to the
discretion of the said commissioners.

S.25 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I. S.26 rep. by SL(R)
1976

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 27
Secretary and senior clerks of Chelsea Hospital may administer
certain oaths to out-pensioners and others.

27. It shall and may be lawful to and for the secretary of the
said hospital at Chelsea, and the chief and first four senior
clerks respectively on the establishment of the office of the
secretary of the said hospital for the time being, and they are
hereby authorized and required, as often as occasion shall be, to
administer to all and every person entitled, or claiming to be
entitled, to any out-pension or allowance of money ... from the
said hospital at Chelsea, ..., or to any allowance on account of
service in His Majesty's army, all and every oath and oaths
required or directed to be taken by any law or laws which now is
or are or shall be in force at the time such oath is required or
directed as aforesaid, and also to administer any other oath or
oaths to any person or persons, or to any other person or persons,
touching any such matters as shall be necessary for the purpose of
preventing frauds in the receiving of pensions, or proving the
identity of such person or persons, or for the purpose of
ascertaining or proving his or their service, or particulars of
service, in His Majesty's army, or of any other service for which
any out-pension or allowance shall be claimed or granted, or of
ascertaining or proving the fact of any disability or other
circumstance in respect of which such pension shall be claimed or
granted.

S.28 rep. by 1979 NI 19 art.19(2) sch.2. S.29 rep. by 1842 c.70
s.1. S.30 rep. by SLR 1873

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 31
Statements of the number of out-pensioners to be made up.

31. The said commissioners of the said hospital at Chelsea are
hereby authorized and directed to make up, or cause to be made up,
at the usual times at which the same have been heretofore made up,
or at such other times as the said commissioners, by and with the
concurrence of the Treasury, shall from time to time order or
direct, an exact statement or list of the number of out-pensioners
borne on the out-pension list, or who have either personally
appeared or have been certified by proper affidavits to be living
during the whole or part of the quarter then immediately preceding.

Ss.32, 33 rep. by SLR 1873; SL(R) 1976

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 34
Clothes, linen, and stores of the hospital to be marked.

34. The said commissioners of the said hospital at Chelsea shall
and may and they are hereby authorized to cause the clothes, linen,
stores, and other articles belonging to the said hospital, capable
of being marked, to be from time to time marked, stamped, or
branded, with the words "Chelsea Hospital"; and from time to time,
in case the said commissioners should sell or dispose of any of
the said clothes, linen, stores or other articles, or should allow
the in-pensioners, or any of them, to sell or dispose of any of
the said clothes, linen, stores, or other articles, then the said
commissioners shall and may and they are hereby authorized to
obliterate or deface the said marks, stamps, and brands respectively,
by marking, stamping, or branding upon the said clothes, linen,
stores, or other articles so sold or disposed of by the said
commissioners, or so allowed by them to be sold or disposed of by
the said in-pensioners, or any of them, the said words "Chelsea
Hospital" reversed over and upon the said words before marked,
stamped, or branded on the said clothes, linen, stores, or other
articles respectively; ..., such mark, stamp, or brand, not
obliterated or defaced as aforesaid, to be considered and taken as
sufficient evidence, without further proof, that the clothes, linen,
stores, goods and articles so marked, stamped, or branded, and not
obliterated or defaced as aforesaid, are the property of the said
commissioners, ....

CHELSEA AND KILMAINHAM HOSPITALS ACT 1826 - SECT 35
Actions, &c. on behalf of Chelsea Hospital to be brought in the
name of the treasurer, &c.

35. All actions or suits to be brought, commenced, or prosecuted,
by or on behalf of the commissioners of the said hospital at
Chelsea, may be brought, commenced, and prosecuted in the name of
the treasurer, or deputy treasurer, or secretary, of the said
hospital for the time being; and upon the trial or hearing of any
such action or suit, it shall not be necessary to produce any
commission, charter, or authority appointing, confirming, or
constituting the commissioners of the said hospital at Chelsea, nor
any warrant, instrument, or authority appointing the treasurer or
deputy treasurer, or secretary, to their respective offices, nor any
power, grant, letters patent, or authority under or by virtue of
which the commissioners for the said hospital at Chelsea, or
treasurer or deputy treasurer, or secretary, shall respectively act
in the execution of their said offices, but the general acting of
the said commissioners, treasurer or deputy treasurer, or secretary,
in their said respective offices of commissioners, treasurer or
deputy treasurer, or secretary, shall be deemed sufficient proof of
the due appointment of them respectively to their said respective
offices; ....

Ss.36, 37 rep. by SLR 1873. S.38 rep. by 1969 c.16 (NI) s.31(2)
sch.3 Pt.I. S.39 rep. by 1970 c.21 (NI) s.19 sch.3 Pt.III. S.40
rep. by 1830 c.41 s.1






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