1 & 12 Vict.,

(9.) As to the Prize Funds.1

The Statute Law as affecting the rights of the Army to "Prize Money," is printed in Army Statute Law, pp. 124, 125, post. A reference should also be made to 39 & 40 Vict., c. 36, as to Prize under the Customs Act. The following provisions relate to unclaimed and forfeited Prize Money:—

The 11 & 12 Vict., c. 55, enacts—

in the

'War for the

Whereas the sum of 100,000l. three per centum Consolidated Vesting Army 55, sec. 7. Bank Annuities, arisen from unclaimed and forfeited shares of Prize Stock Army Prize Money, is now standing in an account in the books Paymasterof the Governor and company of the Bank of England, in the General and names of the Right Honourable Thomas Babington Macaulay, Secretary at Her Majesty's Paymaster-General, and William George time being. Anderson, Esquire, accountant in the office of Her Majesty's Paymaster-General: and whereas it is expedient to vest the said Stock in the Paymaster-General and the Secretary at War for the time being, subject to the direction of the Commissioners of Chelsea Hospital: be it therefore enacted, that there shall be opened an account in the books of the Governor and Company of the Bank of England, to be intituled The Stock Account of the Paymaster-General and Secretary at War, as trustees for the Army Prize Fund, and such account shall be a public account; and upon the death, resignation, or removal of both or either of them the said Paymaster-General and Secretary at War for the time being, and upon the appointment of their or his successors or successor, the balance of the said account shall vest in the then Paymaster-General and Secretary at War jointly, and when and so long as the office of one only of them the said Paymaster-General and Secretary at War shall be vacant, the said balance shall vest in the other of them the said Paymaster-General or Secretary at War for the time being, without any transfer or Act in any of the cases aforesaid.

Ibid, sec. 8.

Ibid, sec. 9.

The said sum of 100,000l. three per centum Consolidated As to transfer Bank Annuities standing in the names of the said Thomas of the Stock. Babington Macaulay and William George Anderson shall stand transferred to the said account, so that the same may be held by the said Paymaster-General and Secretary at War, subject nevertheless to the direction of the said Commissioners of Chelsea Hospital as to the application thereof; and the said Thomas Babington Macaulay and William George Anderson respectively are hereby released from all claim whatsoever on account of the said Stock, or anything heretofore done in relation to the same.

It shall be lawful for the said Paymaster-General and Power to Secretary at War, and during the vacancy of the office of grant power of either of them then for the other of them the Paymaster-purchase or Attorney for General or Secretary at War for the time being, by letter of sale of Stock, Attorney duly executed and attested as is required by Law, to and for receipt authorize all or any of the cashiers of the Bank of England

1 As to the History of Army Prize, see Vol. II., p. 191, and seq.

of dividends.

Power of Attorney exempt from stamp duty.

Drouly
Officers'
Widows
Fund.

Transfer of the Fund.

from time to time to sell and transfer all or any part of the
stock for the time being standing on the account hereinbefore
authorized to be opened, and to purchase stock on the said
account, and to receive the dividends due and to become due
on stock standing in the said accounts, and by the said letters
of attorney, or by writing under their or his hands or hand, to
direct the application of the moneys to be received in respect of
such sales and dividends; and every such power of Attorney
shall be exempted from stamp duty, and it shall not be
necessary for the Governor and Company or the said cashiers
to require any evidence of the direction of the Commissioners
of Chelsea Hospital as to the matters so authorized by such
letters of Attorney and directions of the said Paymaster-
General and Secretary at War, or during the vacancy of the
office of either of them, by such letters of Attorney and
directions of the other of them the Paymaster-General or
Secretary at War for the time being.

(r.) The Drouly Prize Fund.1

John Drouly, Esq., late a Colonel in His Majesty's Army and 1 & 2 Vict., Governor of Cowes Castle, in the Isle of Wight, who died on c. 89, sec. 1. the 11th of September 1818, by his will and codicil, in the terms hereto annexed, bequeathed to the Secretary at War and Paymaster of the Forces for the time being the sum of 10,000l., 31. per cent. reduced bank annuities, upon trust to be by them applied in payment of certain annuities to officers' widows. For rendering it unnecessary to transfer the funds of the said Drouly Charity on every change in the occupation of the office of the Secretary at War or of the Paymaster-General, and for keeping the said funds apart from other funds under their control, the 1 & 2 Vict., c. 89, enacts that there should be raised an account in the books of the said Governor and Company of the Bank of England, and such account should be entitled "The Stock Account of the Secretary at War and the Paymaster-General, as trustees under the will of the late Colonel John Drouly"; and the said sum of 10,000l., 31. per cent. reduced bank annuities, standing in the books of the Governor and Company of the Bank of England in the names of the Right Honourable Henry John Viscount l'almerston and the Right Nature of the Honourable Charles Long, should stand transferred to the said account, subject to the trusts of the said will, and thenceforth the said account should be a public account; and upon the death, resignation, or removal of either of them the said Secretary at War and Paymaster-General for the time being, and until the appointment of his successor, the balance of the said account should vest in the other of them, but upon every such appointment the said balance should again vest jointly in the then Secretary at War and Paymaster-General; and in the case of

Account.

Death of
Officer.

1 Another fund is held in trust by the Paymaster-General for the Chelsea Commissioners.

& 2 Vict.,

of attorney

the death of any such Secretary at War or Paymaster-General such balance shall not constitute assets of the deceased, nor be in any manner subject to the control of his personal representatives. And with respect to the purchase or sale of any public stock Power to 89, sec. 4 made in pursuance of the trusts of the will of the said Colonel grant power Drouly, standing in the names of the Secretary at War and for purchase Paymaster-General, and with respect to the receipt of the or sale of dividends of the said stocks, that the Secretary at War and the stock, and for receipt of Paymaster-General jointly, may by power of attorney authorize dividends; any person to make such purchase or sale of stock on the said account, and may by power of attorney authorize any person to receive the dividends thereon; and every such power shall be under the hands and seals of the Secretary at War and Paymaster-General; and the execution thereof shall be attested by two credible witnesses; and every such power of attorney shall exempt from be exempt from stamp duty.

Extract from the will of the late Colonel John Drouly.

"I direct that the said Alexander Fraser, George Ridge, senior, and George Ridge, junior, and John Ridge, my said trustees, and the survivor of them, his Executors or Administrators, do and shall transfer into the name of the Secretary at War and Paymaster-General for the time being the sum of 10,000l., 31. per cent. reduced bank annuities, upon trust to be by them applied in payment of the annuities or yearly sums hereinafter mentioned; videlicet, to the widows of officers in the Army who shall be killed or die in the service, and whose yearly income shall not exceed the sum of 301. exclusive of their annual pensions (that is to say), to the widows of five Captains the sum of 251. each per annum, to the widows of five Lieutenants the sum of 207. per annum each, and to the widows of five Cornets or Ensigns the sum of 157. per annum each; the nominations to be made by the Secretary at War and the Paymaster-General for the time being, subject to His Majesty's approbation."

Extract from a Codicil to the will of the said Colonel John Drouly.

"Now my intention and meaning is, that the widows of such officers as are killed upon service shall upon all occasions have preference; and that in making a selection of proper objects, the Secretary at War and Paymaster-General will always keep in view that such widows as have most children born in wedlock are to be preferred to those of the same description who have fewer in number."

stamp duty.

Patriotic

(8.) The Patriotic Fund (1854).1

The Patriotic Fund Act, 1867, contains these enactments:

It shall be lawful for Her Majesty, her heirs and successors, from time to time, by supplementary commission under the

Application of royal sign manual, directed to such persons as to Her Majesty, 30 & 31 Vict. her heirs or successors, seem fit, to authorize and direct the c. 98, sec. 5. Fund subject Commissioners thereby constituted to apply the Patriotic Fund

to existing Appropria

tions.

and the income and accumulations thereof, or any part or parts
thereof, subject to the appropriations aforesaid (in such manner
as any such Commission from time to time directs, or, in the
absence of such direction, or as far as such direction, if any,
does not extend, as the Commissioners think fit), to the
purposes and in the order following:

First, in relief of widows, and maintenance, education,
training, and advancement of children, of soldiers, sea-
men, and marines of Her Majesty's Army and Navy
who lost their lives in battle in the late war with Russia,
or in consequence of wounds received in or by or in
consequence of other casualties sustained in or disease
contracted in that war:

Secondly, in maintenance,
maintenance, education, training, and
advancement of children of soldiers, seamen, and
marines of Her Majesty's Army and Navy who have lost
or hereafter lose their lives in battle in any other war, or
in consequence of wounds received in or by or in
consequence of other casualties sustained in or disease
contracted in any other war:

Thirdly, in maintenance, education, training, and advance-
ment of children of other soldiers, seamen, and marines
of Her Majesty's Army and Navy who have lost or
hereafter lose their lives in the service of the Crown, or
by or in consequence of casualties sustained or disease
contracted in the service of the Crown.

Any supplementary Commission may authorize the Commissioners acting thereunder, for the better accomplishment of any purpose of the Commission, to increase, extend, or make Contribution additions to any Royal or other Charitable Institutions founded Ibid, sec. 6. to Royal, &c. within the United Kingdom for any of the purposes for or Institutions. towards which under the preceding section the Commissioners have power to apply the Patriotic Fund or the accumulations thereof or of any part thereof.

Any supplementary Commission may direct that the First
Lord of the Admiralty and the Secretary of State for War and

the Paymaster-General shall be the trustees of the Patriotic Ibid, sec. 8. Official trus- Fund, in trust to support the appropriations in such Commission tees of Fund. specified, and subject thereto in trust for any purposes therein specified in conformity with the provisions of this Act.

1 As to the history of this fund, Vol. II., p. 545.

If by any supplementary Commission the First Lord of the Admiralty and the Secretary of State for War and the Pay& 31 Vict., 98, sec. 9. master-General are constituted the trustees of the Patriotic Vesting of Fund, then any real or personal property conveyed to or property in acquired by them (who are in this Act referred to as the official trustees for trustees of the Patriotic Fund) in the capacity of trustees of the Patriotic Fund shall vest in them as such, and the same shall go to and be held by their successors in office for the time being, without any conveyance or assignment.

The Governor and Company of the Bank of England shall, when required by the official trustees of the Patriotic Fund,

time being.

open and keep all accounts of annuities, stocks, funds, and Accounts in d, sec. 10. securities belonging to the Patriotic rund, and standing in the official titles. books of the said Governor and Company, as the accounts of the First Lord of the Admiralty and the Secretary of State for War and the Paymaster-General for the time being (by their official titles) ex parte the Patriotic Fund: and all interest and dividends accruing on such annuities, stocks, funds, and securities shall, from time to time without any further authority or direction than this Act, be received by the said Governor and Company, and shall be carried by them to the cash account of the Paymaster-General in their books.

id, sec. 11

id, sec. 12

account of

The production to the Governor and Company of the Bank Transfer for of England, or to any other body, or to any person, of this Act, present and of the first supplementary Commission thereunder, consti- securities to tuting the First Lord of the Admiralty and the Secretary of official State for War and the Paymaster-General the trustees of the trustees. Patriotic Fund, and of a direction of the Commissioners of the Patriotic Fund in writing, signed by their secretary, shall be sufficient authority to such Governor and Company, body or person, for the transfer forthwith after the issuing of such Commission to the account of the First Lord of the Admiralty and the Secretary of State for War and the Paymaster-General for the time being, ex parte the Patriotic Fund, of all annuities, stocks, funds, or securities belonging to the Patriotic Fund at the issuing of such Commission, and specified in such direction; and the said Governor and Company and every such body or person are and is hereby indemnified in respect of the transfer made in accordance with such direction.

Bank of

All securities from time to time belonging to the Patriotic Deposit of Fund, and not standing in the books of the Governor and securities in Company of the Bank of England, shail be deposited in the England. Bank of England for the credit and at the disposal of the official trustees of the Patriotic Fund; and all interest and dividends accruing on such securities shall from time to time, under the authority and direction of the official trustees of the Patriotic Fund, be received by the said Governor and Company,

1 The Hospitals vested in the Commissioners are not exempt from Land Tax, not being in the occupation of the Crown. See Colchester v. Kewney, 2 L.R. (Exch.), p. 253.