Penalties not to extend to persons entering into military ser vice in Asia. 59 Geo. III., c. 69, sec. 12. The Act excepts the commissioned ships of any foreign 33 & 34 Vict., state1 from the Act, and the last section has reference to military c. 90, sec. 32. service in Asia. Nothing in this Act contained shall extend or be construed Ibid, sec. 33. to extend to subject to any penalty any person who enters into the military service of any prince, state, or potentate in Asia, with such leave or license as is for the time being required by law in the case of subjects of Her Majesty entering into the military service of princes, states, or potentates in Asia. (l.) The Financial Secretary of the War Office. As an emanation from the statutory authority of the Secre- 33 & 34 Vict. tary of State is the appointment of this official. The War . 17. Office Act, 1870 (33 and 34 Vict., c. 17), authorizes one of Her Majesty's Principal Secretaries of State from time to time to appoint and at his pleasure remove an officer to be styled the "Financial Secretary of the War Office," and enacts that such officer shall not by virtue of such appointment, if sitting in the Commons House of Parliament, vacate his seat, or, whether sitting in such House or not, be disqualified from being elected to or sitting or voting in the said House of Parliament. The duties of this office, as at present defined, are laid down Order in in the following Council Order, dated the 23rd day of June Council, 23rd 1870, made at the instance of the Secretary of State : "Whereas there was this day read at the Board a representation to the Lord President of the Council from the Right Hon. Edward Cardwell, one of Her Majesty's Principal Secretaries of State, dated the 21st day of June 1870, in the words following, viz. : "As by an Act passed in the present Session for making further provision relating to the management of certain departments of the War Office, it is enacted that one of Her Majesty's Principal Secretaries of State may from time to time 1 In 1870, when belligerent ships of war entered English ports and refused to comply with Her Majesty's Proclamation of Neutrality, the Law Officers reported in these words: That upon a ship of war belonging to either of the belligerent powers having notice to depart from any of Her Majesty's ports, in pursuance of the instructions contained in Earl Granville's circular letter of the 19th July, and failing to comply with the same, it will be lawful for Her Majesty's officers to use force to compel her to put to sea. In what way force should be applied must depend upon the available means, whether the guns of a battery on shore can be directed against the vessel, or whether it may be necessary for one of Her Majesty's troops to intervene. In either case, we think that a formal warning of 24 hours should be given to the belligerent vessel of the intention of Her Majesty to enforce Her right as a neutral to prohibit a belligerent cruiser making use of British waters for any purposes other than those of the necessary subsistence of her crew, or the necessary repairs of the vessel itself. We would observe that Her Majesty's Proclamation would not touch this question, which is embraced in the circular of Earl Granville, unless some attempt were made to increase or augment the warlike power of the belligerent vessel. June 1876. appoint, and at bis pleasure remove, an officer to be styled the Financial Secretary of the War Office, and that his duties in relation to the War Office shall be assigned to him by Order in Council, I have the honour to request that your Lordship will be pleased to submit, for the approval of Her Majesty in Council, that subject to the approval of the Secretary of State for War, and to his responsibility for the administration of the Royal authority and prerogative in respect of the army,-the said Financial Secretary shall be charged— "With preparing the annual estimate for the pay of the Duties. army and reserve forces; with collecting and incorporating into a general estimate for army services the estimates of the other departments of the War Office, and with financially reviewing the expenditure proposed in such estimates; "With submitting for the instructions of the Secretary of State for War any proposed redistribution of the sums allotted to the different subdivisions of the votes for army services; “With finally allowing all cash expenditure and recording the same under its proper head of service in the annual account for Parliament; with issuing all warrants for the payment of moneys; with making all imprests to accountants and others, and with seeing that accounts are duly rendered for the same; "With advising the Secretary of State on all questions of pay, retired pay, and pensions for the army and reserve forces; "And with the duty of rendering such other advice and assistance as may be required of him by the Secretary of State for War.' "Her Majesty, having taken into consideration the said representation, was pleased, by and with the advice of Her Privy Council to approve thereof." 105 PART II.-THE ARMY.1 I. The Standing Army. The 1 William & Mary (sess. 2), c. 2, declares that the raising and keeping a standing army within the kingdom, unless it be with the consent of Parliament, is against law." 25 & 26 Vic., c. 64. II. The Commissions of Officers. Under the power conferred by the 25 & 26 Vict., c. 4, Her Majesty by Orders in Council may direct any commissions for Officers (prepared under the authority of Her Majesty's Sign Manual) to be issued without Her Royal Sign Manual, but having thereon, in the case of Her Majesty's Land Forces (except as after mentioned) the signatures of the Commanderin-Chief, and of one of Her Majesty's Principal Secretaries of State, and in the case of the Royal Marines, of the Lords Commissioners of the Admiralty, or in the case of Military Chaplains, Commissariat and Store Officers, and of Adjutants and Quarter-Masters in the Militia and Volunteer Forces, of one of Her Majesty's said Principal Secretaries. Orders in Council under this Act' have been issued dated the Orders in 7th March 1862, the 12th March 1866, and the 5th May 1873, Council. and the substance of the latter order is as follows: 1. To each person appointed by Her Majesty to the rank 1 For the history of the law from 13 Edw. I. to Chas. I.'s reign, see Vol. I., pp. 345-57. 2 The history of this enactment is to be found at Vol. I., p. 85. 3 The history of this subject, Vol. II., pp. 62-124; and of this Act, ib. pp. 439–45. 2. All first commissions to permanent rank granted to an 3. To each officer promoted in Her Majesty's Service, 4. To an officer commissioned in the manner and the Upon the demise of the Crown all commissions remain in III. Commissions to Foreigners." No person born out of the three kingdoms or the dominions 12 & 13 Wil thereunto belonging, except such as are born of English parents 3, c. 2. or are naturalized, shall be capable to enjoy any office or place of trust, either civil or military, from the Crown. 1871, July 20 Warrant abolishing purchase. IV. Abolition of the Purchase System.* On the 20th July 1871 Her Majesty was pleased by Her Royal Warrant to order that on and after the 1st November 1871 all "regulations regulating or fixing the prices at which any commissions in our Forces may be purchased, sold, or exchanged, or in any way authorizing the purchase, or sale, or exchange for money, of any such commissions shall be cancelled and determined." 17 Will. & 1 Vict. c. 31. 2 History, vol. 1, p. 90, and pp. 437, 487. 3 The "Naturalization Act, 1870," 33 & 34 Vict. c. 14, gives facility for aliens to |