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29 & 30 Vict.,

the appropriation of the grants for the several services enu-
merated in schedule (B.)1 to this Act annexed, the Comptroller
and Auditor-General, after satisfying himself that the accounts
bear evidence that the vouchers have been completely checked,
examined, and certified as correct in every respect, and that
they have been allowed and passed by the proper departmental
officers, may admit the same as satisfactory evidence of pay-
ment in support of the charges to which they may relate:
Provided always, that if the Treasury should desire any such
vouchers to be examined by the Comptroller and Auditor-
General in greater detail, the Comptroller and Auditor-General
shall cause such vouchers to be subjected to such a detailed
examination as the Treasury may think fit to prescribe.

mined.

In conducting the examination of the vouchers relating to How other c. 39, sec. 30. the appropriation of the grants for any services not enumerated vouchers are in the aforesaid schedule, the Comptroller and Auditor-General to be exashall test the accuracy of the castings and computation of the several items of such vouchers: Provided always, that when any vouchers have been certified to be correct by any officers specially authorized to examine the same, it shall be lawful for the Comptroller and Auditor-General, with the consent of the Treasury, to dispense with a second examination of the particular items of such vouchers.

Ibid, sec. 31.

Ibid, sec. 32.

examination

If, during the progress of the examination by the Comp- Objections made by the troller and Auditor-General herein before directed, any objections Comptroller should arise to any item to be introduced into the appropriation and Auditoraccount of any grant, such objections shall, notwithstanding General in the such account shall not have been rendered to him, be im- course of the mediately communicated by him to the department concerned, to be reported. and if the objections should not be answered to his satisfaction to the acby such department, they shall be referred by him to the Trea- counting desury, and the Treasury shall determine in what manner the in certain items in question shall be entered in the annual appropriation cases to the

account.

partment, and

Treasury.

In reporting as hereinbefore directed, for the information of What reports the House of Commons, the result of the examination of the the Compappropriation accounts, the Comptroller and Auditor-General troller and

Auditor

General shall

Parliament.

And they wrote: We are of opinion that the Secretary of State cannot legally prepare for expend for billets any other sum than that stated in the current Mutiny Act for the submission to same, unless he either obtains an Act of Parliament to sanction such payment, or obtains a special vote for it from Parliament, which is afterwards embodied in tho Appropriation Act. This would make the payment perfectly legal.

2. We have nothing further to add, as it is for the Secretary of State to select at
his discretion which of these two courses is the more convenient.

This opinion was in confirmation of General Peel's contention with the late
Sir James Graham.

1 SCHEDULE B:

Army;
Navy;

and such cther services as the Treasury, by their minute, to be laid before Parlia-
ment may direct; but no such minute shall take effect until it shall have lain before
the House of Commons thirty days, unless it shall have been previously approved
by a resolution of the House of Commons.

Accountants

to have, in all

cases of disallowance or

shall prepare reports on the appropriation account of the Army
and on that of the Navy separately.

He shall prepare a report on the appropriation accounts of
the departments of Customs, Inland Revenue, and Post Office.

He shall prepare a report or reports on the accounts relating to the several grants included within each of the classes into which the grants for Civil Services are divided in the Appropriation Act.

In all reports as aforesaid he shall call attention to every case in which it may appear to him that a grant has been exceeded, or that money received by a department from other sources than the grants for the year to which the account relates has not been applied or accounted for according to the directions of Parliament, or that a sum charged against a grant is not supported by proof of payment, or that a payment so charged did not occur within the period of the account, or was for any other reason not properly chargeable against the grant.

If the Treasury shall not, within the time prescribed by this Act, present to the House of Commons' any report made by the Comptroller and Auditor-General on any of the appropriation accounts, or on the accounts of issues for consolidated fund services, the Comptroller and Auditor-General shall forthwith present such report.

In all cases in which an accountant may be dissatisfied with 29 & 30 Vict., any disallowance or charge in his accounts made by the Comp- c. 39, ec. 43. troller and Auditor-General, such accountant shall have a right charge, a right of appeal to the Treasury, who, after such further investigation of appeal to as they may consider equitable, whether by viva voce examinathe Treasury. tion or otherwise, may make such order, directing the relief of

The Treasury

with the

of certain accounts

the appellant wholly or in part from the disallowance or charge
in question, as shall appear to them to be just and reasonable,
and the Comptroller and Auditor-General shall govern himself
accordingly.

It shall be lawful for the Treasury from time to time, if they Ibid, sec. 44. may dispense see fit so to do, to dispense with the transmission to the Compexamination troller and Auditor-General of any accounts not being accounts of receipt and expenditure of public money, and with the audit of such accounts by him, any law, usage. or custom to the contrary notwithstanding: Provided always, that copies of any Treasury minutes dispensing with the audit of such accounts shall be laid before Parliament.

by the Comptroller and Auditor

General.

Saving all

of the Crown

Nothing in this Act contained shall extend to abridge or Ibid, sec. 45. existing rights alter the rights and powers of Her Majesty to control, suspend, as to proceed- or prevent the execution of any process or proceeding, under ings to recover this Act or otherwise, for recovering money due to the Crown.

money due.

1 See Vol. I., p. 112, and Vol. II., p. 310.

2 As to the issue of public money "with or without account," Vol. I., pp. 74 and 120, Vol. II., pp. 188-9.

47 Geo. III., (Sess. 2),

c. 52.

Ibid, sec. 1.

Ibid, sec. 2.

AS TO PAYMENT OF HALF-PAY, PENSIONS, &c.

() As to payment of Half-pay, Pensions, &c.

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29

On the 1st August 1807, an Act was setting forth that it would greatly tend to the comfort and accommodation of officers who have served in any of His Majesty's forces, and widows1 of officers of the army entitled to pensions, and also to persons receiving any sums of money on the compassionate list,2 and also of all other persons receiving any pension3 or allowance under the control, dírection, or management of the Secretary at War, by reason of having served in His Majesty's Army, or in any of his forces, or in any forces which have been engaged in His Majesty's service, if all such payments were made to such persons in the parishes or places of their residence, or as near thereto as may be, in like manner as pensions and allowances are paid to persons who have served in His Majesty's Navy; and that for that purpose the Secretary at War and Paymasters* General of His Majesty's forces, for the time being, should be authorized and empowered from time to time to make rules and regulations for that purpose.

The Act empowered the Secretary at War and Paymasters After Dec. 24, General of His Majesty's forces for the time being to order and 1807, the Secretary at War, direct that all such pay, pensions, and allowances to which any &c., may order officers or persons who have served in any of His Majesty's the pay, penforces, or in any forces engaged in His Majesty's service, or any to officers and sions, &c., due widows of any such officers, or any person receiving any allow- widows to be ance or pension on the compassionate lists, or any pension, paid at their allowance, or relief in respect of any military service, shall be place of residence, &c. paid such pay, pension, allowance, or relief at or near to the parishes or places of their residence in any part of His Majesty's dominions, or in foreign parts by any person appointed by the Secretary at War or Paymasters General of His Majesty's forces to pay the same under such restrictions or other or further regulations as may be established by the Secretary at War and Paymasters General of His Majesty's forces for the time being from time to time for that purpose.

It further empowered the Secretary at War and Paymasters

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5 See p. 128, post. The remaining sections have no direct reference to the
duties of the Secretary at War, as the marginal rubrics which are here printed
will show :-

Sec. 3.--Treasury may direct such pay, pensions, &c., to be paid by the Receiver-
General of the land tax, &c.

Sec. 4.-Assignments, &c., of such pay, pensions, &c., shall be void.

Sec. 5.-Pay, pensions, &c., to be paid without deduction, on penalty of 501.

Sec. 6.-No order or bill, &c., under this Act shall be subject to stamp duty.

Sec. 7.-Punishment for personating others.

Sec. 8.-Punishment for forging or counterfeiting the names, &c., of persons entitled to pay, &c.

Sec. 9.-Justices, Receivers-General of the land tax, &c., may enquire into the truth of certificates by examination on oath, &c.

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Secretary at War, &c, may make rules and regulations for the payment of

pay, pensions, &c.

General for the time being to make such orders, rules, and
regulations, and from time to time to alter the same, in relation
to the payment of any such pay, pensions, allowances, or relief
to any such persons so entitled thereto as aforesaid, and also as
to any certificates, vouchers, receipts, or orders for the better
regulating, managing, and making such payments, and to
require such proofs and affidavits relating thereto as may be
requisite for the ordering and securing the payment of such
pay, pensions, allowances, and relief: Provided always that
every such order or regulation may from time to time be
revoked or altered by any warrant, order, or instruction under
His Majesty's royal sign manual.1

His Majesty may allow officers unfit

for service to retire on half

pay;

(k.) As to Retirement of Officers on Half-pay.

It was stated by the 51 Geo. III., c. 103 (which received the Royal Assent on the 26 June 1811), to be expedient and necessary that better provision should be made for the retirement of officers disabled by wounds, or rendered incapable of service by age, ill-health, or infirmity, and also for enabling officers removed from the permanent staff of the Quarter-Master-General to receive half-pay.

By sec. 1 the Crown is empowered to allow any officer in 51 Geo. 3, c. His Majesty's service who would be entitled, upon the reduction 103, sec. 1. of his regiment, battalion, or corps, or of his commission in His Majesty's service to half-pay, and who shall become unfit for service, either from wounds, or ill-health, or infirmity, or age, to be certified to the Secretary at War in manner directed by this Act, and who shall thereupon be allowed to retire under the provisions of this Act, to have and receive the half-pay of the commission which he shall have held at the time of his being so allowed to retire, although the regiment in which he shall have served or the commission which he shall have held shall not be reduced; and also to allow any officer removed from the permanent staff of the Quarter-Master-General to have and Quarter-Mas receive the half-pay of the rank in the army which he held at the time of being so removed as aforesaid.

and may allow half-pay to officers re

moved from permanent staff of

ter-General.

1 The Act was amended by 2 & 3 Will. IV., c. 106.—The Assistant PaymasterGeneral states that the amending Act is practically obsolete.

2 As to this, see Vol. I., p. 377. This Act enabled the Crown to retire these officers on half pay, which, otherwise, it could not do.-See Sixth Report on Military Expenditure (1808), p. 279; Lord Fitzroy Somerset's Evidence in 1833 (A. & N. Appts.), p. 164; and 21 H. D. (O. S.), p. 875.

The power of the Crown is therefore limited by the Statute, and cannot go beyond its terms. Thus, where a grant of a military allowance in excess of the sum laid down by Royal Warrant as payable to an officer on retirement was made with Treasury sanction, the Law Officers reported that the same was invalid, and not legalized by a subsequent estimate and Appropriation Act (Book K, p. 620.)

51 Geo. 3, c. 103, sec. 3.

52 Geo. 3, c. 151, sec. 1.

Ibid, sec. 2.

AS TO THE ISSUE OF OFFICERS' COMMISSIONS.

31

War and

sary in rela

By sec. 3 power is given to the Secretary at War for the Secretary at time being, and the Commissioners of His Majesty's Treasury Treasury to for the time being, from time to time to order and direct the direct the form and nature of the certificates which shall be given by form of cermedical or other persons in relation to officers applying to retire tificates neceson half-pay provided that every such certificate tion to officers shall state whether the officer by whom the same shall be trans- retiring ; mitted is rendered wholly incapable of serving for life or only an account of for a temporary period, together with such other particulars as the officers shall be required in that behalf; and every such certificate shall allowed to be registered' at the War Office, and an account of the officers laid before so allowed to retire in each year shall be laid before Parliament. Parliament

retire to be

of Militia or

allowed the

The 52 Geo. III., c. 151, passed on the 28th July 1812, Inspecting extended the provisions of the last Act to other officers; thus Field Officers by sec. 1 the Crown is empowered to allow any officer who Volunteers or shall have been appointed or shall be appointed to act as of recruiting Inspecting Field Officer of the Militia or Volunteers, or of districts to be recruiting districts, the half-pay of the commission which he half-pay (toshall have held at the period of being so appointed; and every gether with such officer who shall have been allowed to retire on half-pay arrears) of upon or for the purpose of being appointed to act as such Field sion held at Officer shall be entitled to and shall receive all arrears of half- the time of pay which may have become due to and not been paid to him such appointin respect of such half-pay as aforesaid.

the commis

ment.

Masters in

And by sec. 2, to allow any Quarter-Master serving in His QuarterMajesty's Forces either in the cavalry or infantry, at the expira- cavalry or tion of thirty years actual military service, twelve years of infantry, after which service shall have been as a Quarter-Master, and who thirty years shall be certified to be unfit for further duty, and to have served service, twelve years of which such respective periods as aforesaid (such certificates to be service shall made and given by such persons, medical or others, and in such have been as form and manner, as shall be required by Secretary at War in QuarterMaster, to that behalf), to retire under the provisions of this Act, and to retire, when receive the full-pay of the commission which he shall have held unfit for at the time of his being so allowed to retire as aforesaid.

further duty, with full pay.

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25 & 26 Vict., c. 4.

(1) As to the Issue of Officers' Commissions.

The Preamble2 of the 25th & 26th Vict., c. 4, lays down the constitutional practice regarding the issue of Military Commissions in the office of the Secretary of State in these words:

That every Officer appointed or promoted by Her Majesty
in her land forces or Marines, and every Adjutant or Quarter-
Master in her Militia or Volunteer forces, receives a Commission
from Her Majesty with her Royal Sign Manual thereon:

That in the case of Her Majesty's land forces, before such
Commissions are prepared in or issued from the office of the

The Secretary at War was responsible to Parliament for the Half-pay List,
Vol. II., p. 97.

"As to the history of this and prior Sign Manual Acts, see Vol. II., pp. 439 to 444.

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