The Queens Regulations and the Admiralty Instructions - 1861
ALLOWANCES FOR LOSS OF CLOTHING, INSTRUMENTS, &c.
Officers of all ranks in the Royal Navy and Marines, and also Seamen and Privates of Royal Marines, shall receive a compensation for the loss of their Instruments, Clothing, and other Effects, on service, - provided they shall be acquitted of all blame as to the cause of any such loss.
The principle upon which allowances for articles lost on service are granted, is that of enabling individuals to re-equip themselves for service: and allowances are, therefore, not to be considered as given for the purpose of making good the full amount of loss sustained.
Allowances are to be only made for losses which have been altogether unavoidable, such as-
Losses in action with the enemy;
By accidental fire;
By capture at sea;
Provided that, in all these cases, every exertion was used to prevent the loss; and that it was not incurred by the neglect or fault of the applicant for relief; and in no case will an allowance be made exceeding the maximum sums stated in the Schedule.
If the Admiral or Commanding Officer of the Squadron on the spot shall be satisfied, on inquiry, that losses have been unavoidably sustained, which in his opinion may admit of compensation on the principles laid down in the foregoing Regulation, though not precisely specified therein, he shall be at liberty to make a special representation thereof, transmitting the necessary proofs to the Secretary of the Admiralty for final decision.
No claim will be admitted for losses incurred by Officers or Men who are not still living.
Whenever Baggage or articles of Equipment are sent by a Vessel, in which the Officer to whom they belong is not himself a Passenger, it is incumbent upon such Officer to protect himself against Loss by effecting an Insurance thereupon; and if he has an opportunity of doing so, and neglects to avail himself of it, no compensation will be given by the public for any loss that may happen.
If any loss shall occur under circumstances which give the Officer a claim to indemnification from the party through whose fault it happened, no allowance for such loss will be made by the public; but should the Officer desire it, and lose no time in making application to the Officer commanding Her Majesty's Ships on the spot, an inquiry will be ordered by him, and every assistance rendered in substantiating the claim, by making the necessary inquiries, and obtaining proper documents to prove the facts of the case.
When losses occur on service, the Admiral shall order, with all convenient despatch, an investigation of claims arising from those losses, which inquiry is to be conducted on the principles laid down in this Regulation, and the several proofs to be produced in the forms described in the Appendix; and the whole of the proceedings, or certified copies thereof, are to be transmitted to the Officer commanding the Squadron, for his observations and opinion, and by him forwarded to the Secretary of the Admiralty, for final decision.
In all cases which are not attended with the entire loss of clothes of an Officer, Seaman, or Marine, no claim is to be allowed, unless the loss extends to the value of one-fourth of the amount allowed as compensation for the whole in each rank; and a list of the articles lost shall be delivered, and the investigating Officer shall report whether he deems one-fourth, one-half, or three-fourths of the sum allowed for the whole, a sufficient compensation for the loss so sustained.
If an Officer, Seaman, or Marine, shall have neglected to bring forward his claim for a period exceeding one month from the date of his loss, this delay shall be considered a sufficient reason for rejecting the claim, however valid it may be in other respects; unless the claimant can prove that he was unavoidably prevented from making an earlier claim.
All Officers and others in the Naval Departments proceeding on service by Order from the Admiralty, or other competent authority, and provided they are embarked in Vessels pointed out by such authority, are deemed to be included in the foregoing Regulations.
PERSONAL LOSSES OF OFFICERS.
The whole Equipment of Officers of the several ranks, including the articles in wear, shall be valued according to the Scale in the Appendix.
The claims of all Officers to Allowance for articles lost on service, shall be made out, and certified according to the form in the Appendix; and separate lists shall be transmitted of all Instruments and Books on subjects strictly professional, showing their original cost. In case of an Officer claiming compensation for the loss of a Chronometer, Sextant, or other instrument, a certificate must be produced from the Officer in command that the article lost was used in the navigation of the Ship; and the number, and maker's name, of a Chronometer lost, are to be specified. If the Officer shall be entitled to compensation, the Hydrographer of the Admiralty will be instructed to cause instruments to be supplied to him in lieu of those lost.
If Losses should occur in other situations, where a greater extent of equipment is absolutely required by the nature of the service, the actual amount of loss suffered, and the circumstances attending it, may be specially stated at any inquiry appointed for the investigation of losses; such inquiry proceeding, in the investigation of the claim, upon the same principle as in the preceding Article. The opinion of the Officers assisting at such inquiry is to be forwarded for the consideration of the Admiralty.
No Allowance shall be granted for losses sustained by Officers when proceeding on, or returning from, leave of absence.
No claim shall be admitted on account of the loss of Money, being the private property of individuals.
LOSSES OP PETTY OFFICERS AND SEAMEN, AND OF NON-COMMISSIONED OFFICERS AND PRIVATE MARINES.
Claims on account of Losses on Service by Petty Officers, Non-commissioned Officers, Seamen, and Marines, individually, are to be made out and certified according to Form in the Appendix.
All admissible claims of this description shall be settled by allowing for the whole, or for a certain proportion or rate of a complete set of Bedding or Clothing, according to the circumstances of each case.