the-ordinances-of-the-legislative-counci-1890 — Page 569

ORDINANCE No. 10 OF 1862 . 533


Civil Pensions.


if he had continued to hold the office which he vacated when he was appointed Governor
and (supposing him not to be fifty-five years of age) as if he had retired from ill-health .
Provided that if there shall be offered to any such ex-Governor being under the age of
fifty-five years any public office, or situation under the Crown, which having reference
as well to the state of his health as to the nature of his previous services, such ex -Governor
may, in the judgment of the Lords Commissioners of Her Majesty's Treasury, be properly
called upon to accept ; it shall be competent to the said Lords Commissioners to declare
should he decline the same that the pension of such ex-Governor shall be suspended until
he shall obtain the age of fifty-five years.


6. No public servant will be held to have an absolute right to compensation for
past services, or to any pension under this minute; and Government will retain power and
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authority to dismiss any public servant without compensation.


7. No pension will be granted to any public servant without the authority of Her
Majesty's Government, in order to obtain which, certificates of service, age, good conduct,
and of the ground of retirement, must be submitted to the Secretary of State.


8. No pension shall be granted to any public servant, who shall be under fifty- five
years of age, unless upon certificate from the head of the department to which he may
belong, and from two medical practitioners that he is incapable, from infirmity of mind
or body, to discharge the duties of his situation ; nor, unless he shall have discharged
those duties with diligence and fidelity, to the satisfaction of the head of his department. 1
And in case the officer claiming such pension shall be himself the head of a department, 1
then such pension shall not be granted unless he shall have discharged the duties of his
office with diligence and fidelity, to the satisfaction of the Governor, by whom the same
shall be certified to the Secretary of State. 1


9. It will be competent to Her Majesty's Government, in cases of peculiar and
extraordinary merit, to grant special and higher rates of pension than those laid down in
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this minute, but not exceeding the full amount of the salary.
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10. The above mentioned rates are only to be granted in cases of decidedly faithful
and meritorious service ; but where the testimony as to fidelity, diligence and merit, is
in any respect defective, a deduction will be made from the apportioned rates.
there has been obvious negligence, irregularity or misconduct, the grant of allowance
will be altogether withheld.


11. The claim of a public servant to pension will be considered to have commenced
from the date of his first permanent appointment to the fixed establishment of this
Colony ; service on the temporary establishment of this Colony will however be allowed B
to count for pension when such service shall have been continuous with a subsequent