interference on the part of the military. Out of these duties 26 Vict., c. 12, sec. 1. Officer, D 1. Officer, D 3. (c.) The Secretary at War's Duties, &c., transferred to the Secretary of State, From and after the 4th May 1863, the office of Secretary After passing at War was abolished, but all the duties, powers, authorities, of this Act, rights, and privileges whatsoever, which by virtue of the Acts office of Secre mentioned in the schedule, or either of them, or of any other Act tary at War abolished, and or Acts of Parliament, or of any other law, custom, or usage duties, &c., whatsoever, were at that time vested in or exercised or exer- transferred to cisable by the Secretary at War were continued in full force, State for War, Secretary of and declared to be vested in and exercisable by Her Majesty's Principal Secretary of State for the time being, to whom Her Majesty should think fit to intrust the seals of the War Department,2 and further that any such duties, powers, and authorities which by virtue, as aforesaid, a deputy Secretary at War might heretofore exercise, should thereafter be exercised or exerciseable by an Under Secretary of State. 66 1 The legality of acts by the Deputy must be sustained by custom or Statute Law, for the Secretary at War's appointment was in the form of a Military Commission, which did not (as the Judge-Advocate-General's patent did) authorise the appointment of a Deputy (see Vol. II., pp. 687, and 745). Every ministerial officer may (writes. Chief Baron Comyn) "make a Deputy," adding in a later section, "A Deputy has power to do every act which his Principal might do." I do not know when a Public Offices, Deputy Secretary at War was first appointed, but no such office appears in the War Office List of 1720 (Vol. II., p. 726). An Under Secretary is mentioned so early as February 1600-1. Thomas's . 29. 2 A Secretary of State not so holding these seals could not (I apprehend) execute these powers. The Act creates a quasi corporation sole in the holder from the Crown of the War Department Seals. Monies, &c., standing in the name of Secretary at War trans name of the (d.) Monies in the Bank of England transferred. sec. 2. All monies, stocks, and securities standing in the name of 26 Vict., c. 1: the Secretary at War, either alone or in joint account with any other person or persons, in the books of the Governor and Company of the Bank of England, were to be entered in or ferred to the transferred to the name of Her Majesty's Principal Secretary Secretary of of State for the War Department, to a sole or joint account, State for War. as the nature of the case might be, and be subject to the same trusts and powers, and be held for the same ends, intents, and purposes, as the same were liable to before the 4th May 1863; and the Governor and Company of the Bank of England, under instructions from the Commissioners of Her Majesty's Treasury, were authorized and required to make the aforesaid alterations in their books.1 Monies, &c., standing to the credit of on account of (e.) Monies in the Court of Chancery transferred. All monies, stocks, or securities standing to the credit or Ibid, sec. 3. in the name of the Accountant-General of the Court of the Accoun- Chancery in the books of the Governor and Company of the tant-General Bank of England, or of any other public company, and the in Chancery dividends or interest on such stocks or securities, which were Secretary at by any order of the Court of Chancery directed to be paid or War to be transferred to the Secretary at War, or Deputy Secretary at transferred to War, were, until the Court of Chancery shall otherwise order Secretary of State for War, to be paid or transferred to Her Majesty's Principal Secretary of State for the War Department, or to an Under Secretary of State for the War Department for the time being. Orders, &c., force. (f) Orders and Regulations to remain in force. All orders, regulations, and directions lawfully given or Ibid, sec. 4. to remain in made by the Secretary at War or his Deputy were to remain in full force, but the same were to be deemed to be the orders, regulations, and directions of one of Her Majesty's Principal Secretaries of State, and be subject to alteration or revocation by one of such secretaries accordingly. 1 This section had reference to payments sanctioned under 1 & 2 Vic., c. 61. 5 Geo. III., . 58. 17 Geo. III. 18 Geo. III., . 128. 51 Geo. III., c. 103. 52 Geo. III., . 151. 53 Geo. III., c. 81. 57 Geo. III., . 41. 58 Geo. III., c. 73. 6 Geo. IV., c. 61. 7 Geo. IV., c. 16. 7 Geo. IV., c. 31. 1 Wm. IV., c. 41. 1 & 2 Vict., c. 89. The Schedule. An Act to repeal an Act, made in the twenty-third year of King George the Third, for the better regulation of the office of Paymaster-General of His Majesty's forces, and the more regular payment of the army; and for the more effectually regulating the said office. An Act for the more convenient payment of half-pay and pensions, and other allowances to officers and widows of officers, and to persons upon the Compassionate List. An Act to repeal so much of an Act passed in the fortyfifth year of George the Third, for regulating the office of Paymaster-General, as requires certain accounts to be examined and settled within certain periods by the Secretary at War, and enabling His Majesty to make orders for examining and settling such accounts. An Act to authorize the allowing officers to retire on halfpay, or other allowances under certain restrictions. An Act to extend the provisions of 51 Geo. III. c. 103, relating to the half-pay and allowance of officers retiring from service; and to authorize the allowing to foreign officers, wounded, the like pensions and allowances as are given to British officers under the like circumstances. An Act to amend several Acts relating to the Militia, and to enlisting of the Militia into His Majesty's regular forces. An Act to repeal 54 Geo. III. c. 151 and.55 Geo. III. c. 170, relating to the office of the Agent-General, and for transferring the duties of the said office to the offices of the PaymasterGeneral and Secretary at War. An Act for regulating the payment of regimental debts, and the distribution of the effects of officers and soldiers dying in service, and the receipt of sums due to soldiers. An Act to amend 58 Geo. III. c. 73, and 4 Geo. IV. c. 81, for regulating the payment of regimental debts, and the distribution of the effects of officers and soldiers dying in service, and the receipt of sums due to soldiers; and for punishing mutiny and desertion of officers and soldiers in the service of the East India Company. An Act to consolidate and amend several Acts relating to the Royal Hospitals for soldiers at Chelsea and Kilmainham. An Act to amend 52 Geo. III. c. 151, so far as the same relates to the retired allowances of quartermasters of cavalry and infantry. An Act to make further regulations with respect to army pensions. An Act respecting the transfer of certain funds to the Secretary at War and the Paymaster-General. 1 Repealed by Statute Law Revision Act, 1872. 2 Repealed in part by Statute Law Revision Act, 1872 (No. 2). 3 Ibid., 1873, and secs. 7 and 8 obsolete. 4 Repealed by 38 & 39 Vict., c. 69. 5 Repealed by 26 & 27 Vict., c. 57. Repealed in part by various Acts. 7 Repealed by 11 Geo. IV. and 1 Will. IV., c. 41. 8 Repealed in part by Statute Law Revision Act, 1874 (No. 2). An Act' to amend the laws relating to the payment of out- 5 & 6 Vict., pensioners of Chelsea Hospital. c. 70. An Act2 for rendering more effective the services of such 6 & 7 Vict., out-pensioners of Chelsea Hospital as shall be called out to c. 95. assist in preserving the public peace. An Act to attach certain conditions to the construction of 7 & 8 Vict., future railways authorized, or to be authorized, by any Act of c. 85. the present or succeeding Sessions of Parliament; and for other purposes in relation to railways. An Act to regulate the stations of soldiers during Parlia- 10 Vict., c. 2 mentary elections. An Acts for consolidating the offices of Paymasters of 11 & 12 Vict Exchequer Bills and Paymaster of Civil Services with the office c. 55. of Paymaster-General, and for making other provisions in regard to the consolidated offices. An Act to consolidate and amend the laws relating to the 15 & 16 Vict Militia in England. c. 50. An Act to amend the laws relating to the Militia in England 17 & 18 Vict and Wales. c. 105. An Act for further regulating the payment of the out- 19 Vict., c. 15 pensioners of Greenwich and Chelsea Hospitals. An Act to defray the charge of the pay, clothing, and 18 & 19 Vict contingent, and other expenses of the disembodied Militia in c. 123. Great Britain and Ireland; to grant allowances in certain cases to subaltern officers, adjutants, paymasters, quartermasters, surgeons, assistant-surgeons, and surgeons mates of the militia, and to authorize the employment of the non-commissioned officers. An Act to amend and consolidate the laws relating to 22 & 23 Vict. military savings banks. c. 20. 22 & 23 Vict. c. 38. An Act further to amend the laws relating to the militia. of men, who have been in Her Majesty's service. c. 42. 23 & 24 Vict. c. 94. An Act to amend the laws relating to the militia. An Act to facilitate internal communication in Ireland by 23 & 24 Vict. means of tramroads or tramways. c. 152. An Act for punishing mutiny and desertion; and for the 25 Vict., c. 5. better payment of the army and their quarters. And Rules and Articles of War made under such last mentioned Act. 1 Repealed by Statute Law Revision Act, 1874 (No. 2). 2 Repealed by 30 & 31 Vict., c. 110. 3 Printed at p. 135, post. 4 Printed at p. 122, post. 5 Repealed in part by Statute Law Revision Act, 1875, but see page 22, post. 6 Repealed by 38 & 39 Vict., c. 69. 7 Printed in part at p. 122, post., and remainder at page 59, post. 8 Repealed by 30 & 31 Vict., c. 110. 8 Geo. III. . 128. bid, sec. 2. bid, sec. 3. (g.) As to Regimental Expenditure. The delivery and audit of regimental accounts to and by His Majesty the Secretary at War was regulated by the 48 Geo. III., c. 128, may make but by the Statute Law Revision Act, 1872 (No. 2), sec. 1 of the speedy the Act was repealed. settlement of Section 2 empowers the Crown by any warrant or warrants, accounts of regimental exunder royal sign manual, to make and issue such orders, and penditures, declare and establish such rules and regulations for the more &c. speedy and effectual examination and settlement of the accounts of regimental expenditures, or of such other expenditures for army services as usually have been or shall be thereafter examined in the office of the Secretary at War, as shall appear to be most expedient, and to facilitate the final examination and settlement of such accounts. from agents, deemed a debt But nothing in the Act contained shall exonerate any agent1 Balances due or other public accountant from the payment of any balance &c., not paid that may be declared to be due from him, upon the examination within a and settlement of his accounts under any orders or rules and month after regulations which may be made, issued, declared, and established demand to be by His Majesty as aforesaid; but that the balance so declared to His Majesty and not paid within one month after the same shall have been upon record. demanded, shall be deemed and considered to be a debt to His Majesty upon record, and be recoverable as such by His Majesty, his heirs and successors, with full costs of suit and other charges attending the same, by the like process as by the laws of that part of the United Kingdom wherein such agent or accountant shall reside any debt to His Majesty arising within the same may be recovered, (h.) Security from Public Accountants.' The 50 Geo. III., c. 85, states that it is highly expedient that provision should be made for preventing any negligence, omission, or irregularity in the giving of due securities by all persons employed in situations of public trust, and concerned in the receipt and distribution or expenditure of public money, who are required to give security to account for public moneys coming to their hands, and for ascertaining the death of any surety or sureties of any such person. 1 As to Army or Regimental Agents, see Vol. II., p. 261. 2 The statute has reference to other departments of the Crown. The default of the Treasurer of the Ordnance (from whom security ought to have been, but was not, taken by the Master-General under the provisions of the Order in Council of Chas. II.) was the occasion of this Act being passed. The Treasurer, a Member of the House, was expelled from it, and Lord Chatham, the Master-General, resigned as a consequence of his neglect. 16 H. D. (O. S.), pp. 639-50-57 and 735; and 18 Rep. Mil. Expr., p. 300; 24 H. D. (ib.) 1154. As to the early statutory rule, see 6 & 7 Will. and Mary, c. 8, sec. 8, and Treasury Papers 1699, pp. 328 and 350. As to the practice, see Vol. II., pp. 302 and 557. |