CO885-(18-19) — Page 360

PUBLIC RECORD OFFICE

Reference :-

C.O.885

19 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Repealed

S.L.R. 1893.

Definition of "Colony."

Full Rate of

Pension

A herein

stated.

Reduced

Rate.

When full Rate may be granted.

When re- duced Rate may be granted.

Permanent

18

APPENDIX E.

EXISTING ENACTMENTS RELATING TO PENSIONS OF COLONIAL GOVERNORS.

1.—COLONIAL GOVERNORS (Pensions) ACT, 1865 (28, 29 Vict. c. 113). An Act to authorize the Payment of Retiring Pensions to Colonial Governors.

[5th July 1865.]

Whereas it is expedient that Retiring Pensions should be granted in certain Cases lo Officers who have administered the Government of Her Majesty's Coloniul Possessions: Be it enacted by the Queen's most Ercellent 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 fullure's:

1. In this Act the Term "Colony" includes any Plantation, Island, or other Possession within Her Majesty's Dominions, exclusive of the United Kingdom of Great Britain and Ireland, and of the Islands being immediate Dependencies thereof, and exclusive of India as defined by the Act of Parliament of 1858 "for the better Government of India."

2. The full Rate of Pension herein-after referred to shall be as follows, that is to say;

In the Case of Officers who shall for at least Four Years have administered the Govern- ment of any Colony or Colonies in which the Salary of the Governor is not less than Five thousand Pounds, One thousand Pounds:

In the Case of Officers who shall for at least Four Years have administered the Government of any Colony or Colonies in which the salary of the Governor is not less than Two thousand five hundred Pounds, Seven hundred and fifty Pounds:

In the Case of Officers who shall for at least Four Years have administered the Government of any Colony or Colonies in which the Salary of the Governor is not less than One thousand two hundred Pounds, Five hundred Pounds:

In other Cases, Two hundred and fifty Pounds.

3. The reduced Rate of Pension herein-after referred to shall in all Cases be Two Thirds of the full Rate.

4. One of Her Majesty's Principal Secretaries of State may, by Writing under his Hand, grant the full Rate of Pension to any Person who, being of the Age of Sixty, shall have administered the Government of any Colony or Colonies for l'eriods amounting in the whole to Eighteen Years, or who, being of the Age aforesaid, shall have administered auch Government or Governments for Periods amounting in the whole to Ten Years, and shall have been employed in the whole, either in such Administration or in the permanent Civil Service of Her Majesty, for Periods amounting in the whole to Twenty-five Years, or to any Person who, having administered such Government. or Governments for Periods amounting in the whole to Fifteen Years, shall have established, to the Satisfaction of such Secretary of State, that he is incapable, from Infirmity of Mind or Body contracted while administering his Government, of discharging the Duties of any Office in the Public Service, and that such Infirmity is likely to be permanent.

5. Such Secretary of State may, by such Writing as aforesaid, grant the reduced Rate of Pension to any Person being of the Age of Sixty, who, after having attained the Age of Forty, shall have administered the Government of any Colony or Colonies for Periods amounting in the whole to Twelve Years, or to any Person being of the Age of Sixty, who, after having attained the Age of Forty, shall have administered such Government or Governments for Periods amounting in the whole 10 Eight Years, and shall have been employed in the whole, either in such Administration or in the permanent Civil Service of Her Majesty, for Periods amounting in the whole to Twenty Years, or to any Person who, having administered such Government or Governments for Periods amounting in the whole to Ten Years, shall have established to the Satisfaction of such Secretary of State that he is incapable, from Infirmity of Mind or Body contracted while administering his Government, of discharging the Duties of any Office in the Public Service, and that such Infirmity is likely to be permanent.

6. No Person whose Claim to a Pension under the Provisions of this Act is founded in part upon Civil Service his Employment in the permanent Civil Service of Her Majesty shall be entitled to claim a Superannuation Allowance, in respect to the same Employment, under the Provisions of any other Act of Parliament.

not to be oounted under this or any other Act Deduction

from Pen- sion on account of

Half Pay, &c.

Advancement

to higher Rates of

Pension.

Person YA. ceiving Pe 1.

Bjon bound

to accept Im

ploys en till

of age of Sixty:

7. In case any Person to whom a Pension shall have been granted under the Provisions of this Act shall be or become entitled to any Half Pay, Salary, or other Emolument from any Public Revenue raised, or in respect of any Public Services performed, within Her Majesty's Dominions, his Pension shall be reduced by Half the Amount of such Half Pay, Salary, or Emolument.

8. In case any Person to whom a Pension shall have been granted under the Provisions of this Act shall, by reason of his Re-employment, become eligible for any higher Rate of Pension than that already granted him. One of Her Majesty's Principal Secretaries of State may, by such Writing as aforesaid, grant to him such higher Rate of Pension.

9. In case any Person, having administered the Government of any Colony and not being of the full Age of Sixty, shall be called upon by Her Majesty to administer the Government of any Colony not being of a lower Class than that on which his Rate of Pension has been, or in case of his Retire ment on reaching the Age of Sixty would be calculated, and not being incapable from Infirmity of

19

Mind or Body of administering such Government, shall refuse to administer the same; or if any such not to relin. Person, not being of the full Age of Sixty-five, shall relinquish such Government without the quish it till

Sixty five. Permission of Her Majesty, or shall neglect or decline to execute the Duties thereof satisfactorily. the said Secretary of State may by Writing under his Hand declare that such Person has forfeited all Claim to any Pension under this Act, and such Claim shall thereupon be forfeited accordingly.

of Person nẴão

10. In case any Person shall have administered the Government of any Colony or Colonies, and As to Pension shall have likewise been employed in the permanent Civil Service of Her Majesty, but shall not have employed in become entitled to any Pension under the preceding Clauses of this Act, the Number of Years passed Civil Service. in the Government of such Colony or Colonies shall, for the Purpose of computing any Super- annnation Allowance to be granted to such l'erson under the Superannuation Act, 1859, be taken to have been passed in the permanent Civil Service of Her Majesty, and at the Rate of Salary last received by such Person in respect of his Employment in such permanent Civil Service.

deemed Em-

11. Any Person claiming a Pension shall, for the Purposes of this Act, be taken to have been what to be employed in the permanent Civil Service of Her Majesty while holding any Office which at the ployment in Time of his claiming such Pension would entitle the Folder thereof to Superannuation Allowance Civil Service. under the Superannuation Act, 1859.

Secretary of 12. One of Her Majesty's Principal Secretaries of State may, with the Consent of the Lords State to Commissioners of the Treasury, from Time to Time determine under what Conditions and to what determine Extent any Officer shall be deemed for the Purposes of this Act to have been administering the officer is in Government of any Colony while administering the same provisionally, or while absent from his Adminis Government with Permission of Her Majesty; and for the Purposes of this Act the Commission tration of issued under the Great Seal of the Territory of New South Wales for the Government of the Government.

Repealed District of Port Phillip shall be taken to have constituted that District a Colony.

S.L.R. 1893.

when an

13. All Pensions granted under this Act shall be paid out of such Monies as Parliament may Statement of provide for the Purpose, and a Statement of all such Pensions shall be laid annually before Pensions to Parliament.,

2.-COLONIAL GOVERNORS (PENSIONS) ACT, 1872 (35, 36 Vict. c. 29).

An Act to amend the Act of the Session of the Twenty-eighth and Twenty-ninth years of the reign of Her present Majesty, chapter one hundred and thirteen, intituled "An Act to authorize the Payment of Retiring Pensions to Colonial Governors."

[18th July 1872.]

be laid before

Parliament.

A.D. 1872.

e. 113.

WHEREAS by the Colonial Governors Pensions Act, 1865, one of Her Majesty's Principal 28 & 29 Vict. Secretaries of State is authorised to grant to persons who have administered the government of any colony or colonies for certain periods the full rate of pension or the reduced rate of pension as therein provided, and it is expedient to authorise in certain cases an increase of such reduced rate of pension, and otherwise to amend the said Act:

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. The principal Act and this Act may be cited together as The Colonial Governors (Pensions) Short title. Acts, 1865 and 1872, and each of them may be cited as the Colonial Governors (Pensions) Act of the year in which it was passed.

2. This Act shall be construed as one with the Act of the session of the twenty-eighth and Construction twenty-ninth years of the reign of Her present Majesty, chapter one hundred and thirteen, intituled of Act. "An Act to authorize the payment of retiring pensions to Colonial Governors," in this Act referred to as the principal Act.

3. Where one of Her Majesty's Principal Secretaries of State grants to any person the reduced rate of pension under section five of the principal Act, he may, if he think fit, grant to such person a pension,-

Power to grant an

increase of

reduced ratO

28200

(1.) If such person has administered the government of any colony or colonies for periods of pension.

amounting in the whole to not less than fifteen years, equal to the reduced rate of pension, with the addition of such fraction of the full rate of pension defined by the principal Act as is specified in part one of the schedule to this Act; and

(2.) If such person has administered the government of any colony or colonies for periods amounting in the whole to eight years, and has been employed either in such administration or in the permanent civil service of Her Majesty for periods amounting in the whole to not less than twenty-two years, equal to the reduced rate of pension, with the addition of such fraction of the full rate of pension defined by the principal Act as is specified in part two of the schedule to this Act.

D 2A.D. 1872.