W. CLOWES & SONS, Limited, 13, Charing Cross; HARRISON & SONS, 59, Pall Mall;
W. H. ALLEN & Co., 13, Waterloo Place; W. MITCHELL, Charing Cross;
LONGMANS & Co., Paternoster Row; TRUBNER & Co., 57 & 59, Ludgate Hill;
STANFORD, Charing Cross; and C. KEGAN PAUL & Co., 1, Paternoster Square.
Also by GRIFFIN & Co., The Hard, Portsea; A. & C. BLACK, Edinburgh;
ALEX. THOM & Co., Abbey Street, and E. PONSONBY, Grafton Street, Dublin.

Law.

1880.

Price Five Shillings.

CW.U.K.

360C6430

PREFACE.

No collection of War Office Statutes has previously been made, for until recent years no such Statutes existed. When, at the close of the last century, Mr. Burke's Acts for Regulating the Issue and Audit of Public Money were passed, the Mutiny Act was probably the only Statute containing any reference to the Secretary at War's Office.

In 1877, the "Statute Law relating to the Army" was circulated for official use. This I have reprinted, with verbal corrections, and included in the General Index.

Such Decided Cases and Law Officers' Reports as have arisen upon, or illustrate, the text, will be found either referred to or printed in the Notes.

WAR OFFICE,

March 1880.

X.U. 006

C. M. C.

iii

TABLE OF CONTENTS.

PART I.-WAR OFFICE.

THE SECRETARY OF STATE FOR THE WAR DEPARTMENT.

A. THE PREROGATIVE POWERS OF THE SECRETARY OF STATE.

B. THE STATUTORY POWERS OF THE SECRETARY OF STATE.

(a.) The late Secretary at War's Office.-The Appointment of the Secretary

at War by Commission

(b.) The Official Duties of the Secretary at War

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(c.) The Secretary at War's duties, &c., transferred to the Secretary of State

After passing of this Act, office of Secretary at War abolished, and

duties, &c., transferred to Secretary of State for War

(d.) Monies in the Bank of England transferred

Monies, &c., standing in the name of Secretary at War transferred

to the name of the Secretary of State for War

(e.) Monies in the Court of Chancery transferred

Monies, &c., standing to the credit of the Accountant-General in

Chancery on account of Secretary at War to be transferred to

Secretary of State for War

(g.) As to Regimental Expenditure

His Majesty may make regulations for the speedy settlement of

accounts of regimental expenditures, &c.

Balances due from agents, &c., not paid within a month after demand

to be deemed a debt to His Majesty upon record..

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(h.) Security from Public Accountants

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Persons appointed to offices of public trust in England shall give

security within certain periods

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Persons neglecting to give security and register memorials to forfeit

their offices

Such officer to lay accounts before heads of departments, &c.,

annually

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Bonds in Scotland may be taken according to the form of the law

of Scotland or of England

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The period for registry of securities to be estimated from the time of

the execution by the last person

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No irregularity to avoid securities

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Deeds to be registered, although the period shall have expired

Persons required to give security to different departments of the

Revenue may do so by a transfer of stock or deposit of exchequer bills

Such stock or bills to be sold upon certificate of default in the

conditions of deposit, and the produce paid to the department

suffering by the default

Such stock or bills to stand in the tank books in the name of the

Postmaster-General, &c., and not be transferred except upon

A declaration of the purposes for which the security is given to be
made in the Form given in the Schedule

Such declaration to apply to exchequer bills received in exchange for

those deposited

The Commissioners of the Treasury, Postmaster-General, &c., not

personally liable for acts done by them in pursuance of this Act

Stock so transferred and Exchequer Bills so deposited to vest in suc-

cessors of depositees

..

Such stock or Exchequer Bills to be re-transferred upon certificate

that security is no longer required ..

Re-transfer to personal representatives of depositors

Joint stock companies may have the benefit of this Act

Governor and Company of the Bank of England indemnified for

any acts done by them in pursuance of this Act

Courts at Westminster to determine disputes about defaults; and

may order the repayment of money paid by virtue of this Act..

Sums paid to be allowed in account to Receiver-General paying

Judges may direct questions to be tried by a jury

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Stock, &c., deposited as security may be transferred into joint names

of the public officers and depositor, who may receive dividends..

Stock, &c., may be sold on certificate of public officer

Provisions of recited Act and this Act to extend to parties giving

bonds for the due discharge of their duties in offices under the

Crown, &c.

As to security given before the passing of Act

(i.) Supply and Audit of Public Monies

Royal orders for issue of sums granted by resolution or Act of

Parliament for expenses of specified public services

Credits for ways and means granted to make good supplies granted

by Act or resolution

Issues to principal accountants out of such credits

Certain payments under contracts or leases to be made by the

Paymaster-General

Treasury to determine at what banks accountants shall keep public

monies and what accounts of public officers shall be deemed

public accounts

On death, &c., of accountant balance to vest in his successor

Accounts of stock may be opened in the books of the banks under

official description of public officers..

The banks may be authorized by letter of attorney to receive
dividends and sell stock, on receipt of order from Treasury

Annual accounts of the appropriation of the supply grants com-

prised in the Appropriation Act to be prepared and certified, and

laid before the House of Commons ..

Each department to keep such books of account as may be prescribed

by the Treasury

A balance sheet, if thought necessary by the Comptroller and

Auditor-General, or a statement showing the disposition of the

balance, to accompany the appropriation account..

The appropriation account to be accompanied by a statement

explaining disposal of balances and cause of excesses

In what manner the examination of appropriation accounts to be

conducted by the Comptroller and Auditor-General

The Comptroller and Auditor-General to have access to books of
account, &c., in the accounting departments

How the vouchers of appropriation accounts included in schedule

(B), shall be examined

How other vouchers are to be examined

Objections made by the Comptroller and Auditor-General in the

course of the examination to be reported to the accounting

department, and in certain cases to the Treasury ..

What reports the Comptroller and Auditor-General shall prepare
for submission to Parliament

Accountants to have, in all cases of disallowance or charge, a right

of appeal to the Treasury

The Treasury may dispense with the examination of certain accounts

by the Comptroller and Auditor-General

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Saving all existing rights of the Crown as to proceedings to recover

money due

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

After Dec. 24th, 1807, the Secretary at War, &c., may order the pay,

pensions, &c., due to officers and widows to be paid at their place

of residence, &c.

Secretary at War, &c., may make rules and regulations for the pay-

ment of pay, pensions, &c.

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

His Majesty may allow officers unfit for service to retire on half-pay;

and may allow half-pay to officers removed from permanent staff

of Quarter-Master-General

Secretary at War and Treasury to direct the form of certificates
necessary in relation to officers retiring; an account of the officers
allowed to retire to be laid before Parliament
Inspecting Field Officers of Militia or Volunteers or of recruiting
districts to be allowed the half-pay (together with arrears) of the
commission held at the time of such appointment..
Quarter-Masters in cavalry or infantry, after thirty years' service,
twelve years of which service shall have been as Quarter-Master,
to retire, when unfit for further duty, with full pay

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

(m.) Regimental Exchanges

Authorized Exchanges exempted from Army Brokerage Acts

(n.) Army Purchase Commissioners

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Deduction from salary to be made where pension-holder takes office

Exemption of certain half-pay officers of army from 34 & 35 Vict.,

c. 36, sec. 10

Soldiers discharged, &c., to be entitled to pensions under the regula-
tions and orders in force at the time of their enlistment ..

Regulations as to discharge, pensions, &c., and estimates for pensions,

&c., to be annually laid before Parliament.

The alteration of regulations not to affect claims previously existing
Commissioners of Chelsea Hospital empowered, in case of frauds or
misconduct, to take away or refuse pensions

Commissioners empowered to expel in-pensioners guilty of offences
or misconducting themselves

Commissioners of Chelsea Hospital may commute the annual

pension of out-pensioners desirous of living out of Great Britain

and Ireland

How commutation money to be paid. All claim for annual pension

to cease after commutation

Commissioners of Chelsea Hospital may restore persons convicted

of felony to pensions ..

Guardians may require the payment of pensions to be made to

them for relief given by admission of pensioners into the

workhouse

Authorizing assignment of pension in certain cases

Authorizing justices to make orders respecting pensions in certain cases