REFERENCES TO VOLUMES OF STATED CASES AND OPINIONS. [NOTE.—The page numbers shown in italics refer to pages in the “Case and Opinion Books"; the page numbers in ordinary figures denote pages in the "War Department Statutes."] THE STATUTES RELATING TO THE WAR OFFICE; AND TO THE ARMY. [Statutory Definitions of the Secretary of State for the War Department. "Her Majesty's Principal Secretary of State for the War Department" shall mean, "The Principal Secretary to whom Her Majesty shall see fit to entrust the Seals of the War Department." 1 "Or such one of Her Majesty's Principal Secretaries of State as may for the time being be administering the business of the War Department." 2 The Secretary of State for War means "Her Majesty's Principal Secretary of State for the time being for the War Department."3] PART I.-WAR OFFICE. THE SECRETARY OF STATE FOR THE WAR It may be premised that the powers exercised by the Secretary of State are either (a) Prerogative, or (b) Statutorythe former being conferred by the Crown in his appointment to office and his admission to the Privy Council of the Sovereign, and the latter by Parliament. A. THE PREROGATIVE POWERS OF THE SECRETARY OF STATE. (a.) Patent of Appointment. The official instrument, which is the evidence of the Secretary of State's appointment, is as follows: 1 Defence Act, 1842; 22 Vict., c. 12, sec. 8; 23 & 24 Vict., c. 112, sec. 47; 22 Vict., c. 13, sec. 13; 25 & 26 Vict., c. 33, sec. 5; 26 Vict., c. 12, sec. 1; 26 & 27 Vict., c. 54, sec. 3, and c. 57, sec. 2; 30 & 31 Vict., c. 98, sec. 3; 30 & 31 Vict., c. 140, sec. 2; 31 & 32 Vict., c. 60, sec. 2; 37 & 38 Vict., c. 92, sec. 5. 235 & 36 Vict., c. 68, sec. 16 (see 18 & 19 Vict., c. 117, sec. 5). 3 38 & 39 Vict., c. 69, sec. 2. 4 As to the history of this office, see "Military Forces of the Crown,” vol. ii. chaps. xxv and xxix. This work is afterwards referred to by volume and page only. B |