Pensions Act 1849/Whole
No. III.
Pensions. An Ordinance to authorize the Payment of Pensions to certain Persons in consideration of the Injuries received by them while acting with or in aid of Her Majesty's Forces. [24th August, 1849.]
Preamble. Whereas several members of the Volunteer Corps and others were disabled or otherwise severely wounded while acting with or in aid of Her Majesty's Forces in the suppression of the late rebellion in the northern part of this Province, and it is fitting that provision be made for or towards the support and maintenance of such persons as were seriously injured while so acting as aforesaid:
Be it therefore enacted by the Governor-in-Chief of New Zealand, with the advice and consent of the Legislative Council thereof, as follows:
Application for pensions how to be made.
1.Every such person who may have been so wounded as aforesaid and who may be desirous of availing himself of the provisions of this Ordinance shall, on or before the first day of January, one thousand eight hundred and fifty-one, make application for that purpose in writing to the Colonial Secretary, setting forth the nature and extent of his wounds, and the circumstances under which he may have received the same.
To be submitted to Executive Council.
2.Every such application shall be submitted to the consideration of the Executive Council of the Province, who are hereby authorized and empowered to appoint a Board of Medical Examiners to report on the nature and extent of the injuries alleged to have been received by the person making such application as aforesaid.
Who may recommend pensions to be granted.
3.In every case in which it shall be proved to the satisfaction of the said Executive Council that the person making such application is entitled to the benefit of this Ordinance, it shall be lawful for the said Council to recommend such pension or other allowance to be made to him as (regard being had to the circumstances of the case) to them shall seem meet: Provided always that the amount of the pension or allowance so, recommended as aforesaid shall in no case exceed double the pension in like case awarded to persons of corresponding rank in Her Majesty's regular Forces, as set forth in the scale in that behalf provided by Royal Warrant bearing date the twenty-fourth day of May, one thousand eight hundred and forty-seven.
If recommendation be confirmed by Governor, pension to be granted.
4.Upon the confirmation of any such recommendation as aforesaid by the Governor or other the Officer Administering the Government of the Province for the time being, duly notified in the Government Gazette, the person in whose favour such recommendation shall have been made shall be entitled to receive the pension or other allowance so to be awarded to him as aforesaid.
Chargeable upon general revenue of Province.
5.All such pensions or allowances shall issue and be payable out of the general revenue of the Province, and shall be paid monthly, viz., on the first day of every month in every year, and the acquittance or receipt of the person to whom such pension or other allowance shall be so awarded shall alone be a sufficient discharge for the payment of the same: Provided always that it shall be lawful for the Governor in Council at any time to stop the payment of any such pension for such and the same causes as pensions held by persons having served in Her Majesty's regular Forces are liable to be forfeited.
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