subject gives land to A for his life, he gives to A and his assigns; but where property is gained by a Warrant from the Crown, does it follow that the Warrant extends to a person who is in no way described in that instrument?" But in Knight v. Bulkeley, the Court, admitting that an order for a receiver could not be recognized by the War Office, granted an injunction to restrain the officer from receiving his pension, or executing any power of attorney authorizing or permitting any person other than the plaintiff to receive it. Outlawry of of Officer. 103. If a creditor obtained judgment of outlawry, and left an office copy of it at the War Office, the issue of pay was suspended; but the only mode of procedure by which the half-pay of an officer can be attached, is by an order made under the provisions of the Bankruptcy Act. This power Bankruptcy originated in Lord Redesdale's Act for the relief of Insolvent Debtors,3 passed in 1813, and it is still provided by the English Act (and similar provisions are found in the Irish and Scotch Acts), that "the Court may order such portion of the pay, half-pay, salary, emolument, or pension of any bankrupt as, on communication from the Court, the Secretary of State for War may officially sanction to be paid to the assignees, to be applied in payment of the debts of such bankrupt; and such order and sanction being lodged in the office of Her Majesty's Paymaster-General, such portion of the said pay, half-pay,. salary, emolument, or pension, as shall be specified in such order and sanction, shall be paid to such assignees until the Court make order to the contrary." 104. Parliament reposes confidence in the Secretary of State that, on behalf of the public interests, he will see that the creditors are not defrauded on the one hand, nor the officer left in the Army with an income wholly inadequate to support the position and duties which his commission entail, on the other; therefore the Secretary of State, if he sees fit, modifies the order as originally proposed, or subsequently withdraws or qualifies his 1 Davis v. Duke of Marlborough, 1 Swan. Rep., p. 79. 24 Jur. (N. S), p. 529; 5 Jur. (N. S.), p. 818. 353 Geo. III., c. 102, sec. 29. England, 24 and 25 Vic., c. 134, sec. 134; Ireland, 20 and 21 Vic., c. 60, sec. 319; Scotland, 19 and 20 Vic., c. 79, sec. 149. assent, if the half-pay be altered in amount after the order has been made. The proportion that has been asked for and allowed to creditors is extremely various.2 105. Whether an arrear of half-pay, &c., actually due at the time of the bankruptcy, should be entered on the schedule as a debt or asset belonging to the bankrupt, and claimed from the Secretary at War, admits of question.3 In practice, however, the official assignee does not claim it; and, the pay or halfpay is given to the bankrupt until the order is made under the Act of Parliament. 106. If an officer neglects to draw this half-pay for two years his name is withdrawn from the list, and not No Statute of replaced until a satisfactory cause of absence be Limitations. given; but there is no Statute of Limitations affecting the pay or half-pay of the Army like the 1 Geo. IV., and 1 Wm. IV., c. 20, which prescribes six years as the limit for which the halfpay of Naval Officers can be recovered. In a recent case, where the officer had not earned his half-pay," and a considerable arrear was claimed by his executors, the Treasury sanctioned an issue of two years only, which had probably been voted in the non-effective services before the officer's name was taken from the half-pay list. Half-pay other employ 107. Half-pay is intendel as the sole Emolument which Parliament thinks fit to grant an officer upon the List, Exclusion of and, from 1718 to the present time, the rules of Ap- oficers from propiation have remained intact, with the exception ment. Rule of the third rule (" that no person having any other of 1718. place or employment of profit, civil or military, under His Majesty, shall have or receive any part of the said half-pay "), which was first relaxed, as to military employment, in 1799, and as to civil employment in 1820. 108. The relaxation to enable the recipient to hold other ! Lyster's Case, 33573 58. 2 Ib., 54013. 3 See Mr. Justice Buller, p. 683, of 3 Term Rep. 5 Treasury Letter, 3rd April, 1861. 38 "See General Murray's Case, 103 H. D. (3), p. 972. 4 103 H. D. (3), p. 972. Relaxation, first, as to military military pay or employment has been limited, first, to Staff and Garrison employment;' secondly, to military employment in any colony;2 thirdly, to Militia, Yeomany, and employment. Volunteer appointments3 (by the several Acts under which these forces have been constituted); and, fourthly, to military employment, with the assent of the Crown, under any other Government." As to civil 109. The relaxation to enable the recipient to hold a Civil place or employment of profit has been more general, employment. the altered rule being not one of exclusion from any place, but of limitation upon the income to be received from the Civil employment. Upon the discussion of the Estimates in 1817,5 and again in 1818,6 it was urged that to prohibit half-pay officers from holding Civil employment with their half-pay was an injustice; but Lord Palmerston upheld the prohibition upon the grounds of expediency and public policy. "Half-pay was in fact granted merely for the subsistence of officers during the cessation of their services, and as a retaining fee for their future service, when it should become necessary to call them for the defence of the country. But if officers were allowed to accept civil appointments, it was felt, and justly felt, that it would be difficult to recall them to military duties when occasion should require it. There was, indeed, reason to believe that if officers were so appointed, they might become so much engaged in civil pursuits as to be disqualified for, or indisposed to, the resumption of military habits." 110. In the circumstances then presenting themselves, there appeared to be so little chance of future military employment for the greater number of half-pay officers, and especially those of the lower grade, that the Government, in 1819, decided so to relax the prohibition as to allow an officer to hold civil pay, if it did not exceed three times the amount of his half-pay. The A.D.1820. Appropriation Act of 1820 was therefore amended Rule relaxed. So as to enable the officer to hold any "civil place or employment, of which the net emoluments were less than three times the amount of the highest rate of half-pay attached to his rank;" and further, "with His Majesty's sanction, to hold any such place of which the net emoluments fall short of four times the amount of the half-pay aforesaid, and to receive such a portion of the half-pay as would make up four times the amount thereof." A.D. 1828. Committee 111. The alterations introduced into the Act of 1820 came under the notice and were wholly disapproved of by the Finance Committee of 1828. In their Third Report Finance it is remarked, "that the abandonment of the restric- Report. tions was an ill-advised measure, not more at variance with a due regard to economy than opposed to the very principle upon which half-pay was established." That if half-pay officers adopt the civil service, they should receive the same remuneration for it as civil servants, and no more; and the Committee recommended, "in the strongest manner, that the payment of all half-pay be forthwith replaced upon the footing on which it stood previously to the year 1820.” 2 A.D. 1829. Rule re stored. 112. This was accordingly done in the Appropiation Act of 1829, which enacted "that no person who, after the 28th day of July, 1828, has been appointed to any civil place or employment of profit under His Majesty, or in the Colonies, or in Possessions of His Majesty beyond the seas, or under any other Government, shall have or receive any part of the same half-pay for any time during which he shall hold any such civil place or employment of profit under His Majesty beyond the seas, or under any other Government, other than that of a Barrack-master under the Master-General and Board of Ordnance, who shall, under the restrictions beforementioned, be entitled to receive his half-pay." A.D. 1830. 113. In the following year a clause was inserted to enable the Treasury,-in cases where that Board should be of opinion that the employment of half-pay officers in the Colonies or elsewhere, in civil situations of responsibility, Clause. 1 1 Geo. IV., c. 111, sec. 20. Additional 2 The Committee stated the increased annual expense thereby occasioned, at 73,0537., including Naval Officers, in the estimate, p. 6. 3 10 Geo. IV., c. 60, sec. 19. 1 Wm. IV., c. 63, sec. 22. with small emolument, would be conducive to economy,-to authorise the receipt of half-pay with such employment. 114. In February, 1831, a debate' arose upon the exclusion of Officers in the Army from appointments which Naval Officers could hold "in His Majesty's Household" without forfeiting their half-pay, and in consequence of it the Act was altered to enable Military Officers to hold these appointments with their halfpay. A.D. 1833. Appropria 115. The old rule of 1718 and that of 1828 were broken in upon again by the Appropriation Act of the year 1833,2 containing a clause which authorised half-pay to be tion Act. issued to any officer appointed to any civil office or employment under His Majesty, or under any other Government, if His Majesty's pleasure thereto should be signified by the Treasury. This permission was to be granted subject to the usual restrictions as to the amount of civil income, and a list of these half-pay officers was to be laid before Parliament. The clause was retrospective, and took in cases of any officers appointed since the 28th July, 1828. the 3rd Rule. Offices that may be held-(1.) By 116. It may be useful, before closing the subject, to enumerate Decisions on some of the decisions that have been given by the Secretary at War, and others in authority, as to the places or employments of profit that may, or may decision. not be held with half-pay. (1) as to the offices and emoluments that may be so held:-A Parliamentary Commissionership-the person being named in the statute (1807).3— A Pension from the King (1812)'.- Appointments in the Royal Household, including the Corps of Gentlemen at Arms and Yeomen of the Guard.5-Superannuation Allowance on Retirement from Civil Employment (1814). A collectorship of Taxes paid by Poundage thereout.— Service in the East India Company's Army.-The Command of a 1 1 & 2 Wm. IV., c. 54, sec. 21; 8 H. D. (3)., p. 354; Vol. iii. of P. H. (1831) (322), p. 445. 2 2 and 3 Wm. IV., c. 126, sec. 23. • Ib. 2, p. 244. 7 D, p. 68, 136005 5 Note E, Vol. I. p. 359. 3 Book 1, p. 365. 6 Book 4, p. 108. 8 Army and Navy Appointments, 1833, p. 227. |