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PUBLIC RECORD OFFICE
Reference :-
C.O.
8855 PUBLIC RECORD OFFICE, LONDON
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But the Royal Warrant of 25th June 1881.† although by Art. 990 it prescribes that retired pay shall be issued to holders of civil situations." subject to limitations corresponding to those in the Appropriation Act, 1870, as regards half pay, defines any employment of proft at home or abroad, in or under a Civi! Department of the State, or under any Commissioner appointed under Our Royal Sign "Manual or by Our Letters Patent."
"civil situation
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as
"
Here, then, are found new limitations by Royal Warrant definition affecting the issue of retired pay; and an indication that the phrase "employment under a Civil Department of the State" is not synonymous with "employment under any Commissioner appointed under Our Royal Sign Manual or by Our Letters Patent.'
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Now, it is important to discover whether either of these phrases embraces service under autonomous Colonies; and on turning to the definition of civil situation' the Royal Warrant of 11th March 1882, it will be found that they do not cover employ- ment under Colonial Governments; for while Art. 990 of this Warrant made the same limitations as Art. 990 of the Warrant of 1881, it defines "civil situation" as meaning employment of profit at home or abroad, in or under a Civil Department of the State. "or under any Commissioners appointed under our Royal Sign Manual or by Letters "Patent, or under the Government of one of Our Colonies."
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Here, then, we find that employment under a Colonial Government was not embraced in the phrase "under a Civil Department of the State," nor in the phrase
"under any Commissioner appointed under Our Royal Sign Manual or by Our Letters Patent."
Thus we find by Royal Warrant definition yet another interpretation of the meaning intended to be conveyed by the Appropriation Act rules limiting the issue of half pay, and a consequent addition to the restrictions upon the issue of retired pay affecting the autonomous Colonies.
Again, on turning to the last Royal Warrant, that of 1884,§-which by Art. 990 prescribes, just as previous Warrants did, that the issue of retired pay shall be subject to the provisions of the Appropriation Act of 1870 with regard to half pay,it will be found that the term "civil situation" is held to mean "any employment of profit at "home or abroad under a Department of the State not subject to the Secretary of State "for War, except service with the Army in India."
The limiting restriction of "service under Governments of Colonies and of service under Her Majesty's Commissioners are dropped out, and instead there are substituted the limitations of service directly under Her Majesty, or employment under Crown patronage, as indicated by the Appropriation Act of 1870, and by the declaration of the Legislature in Art. 27 of the Appropriation Act of 1863.
Yet in practice the application of the rule has not varied, for the Imperial Military Finance Department still holds that service under a Colonial Government, whether in civil or military employment, bars a Retired Queen's Officer from the receipt of retired
D. R. CAMERON,
pay.
Sheerness,
7th October 1885.
(Signed)
APPENDIX I,
Lieut.-Col. R.A.
EXTRACTS from ROYAL WARRANT for the PAY, PROMOTION, and NON-EFFECTIVE PAY of the ARMY, 1831.
"Our Principal Secretary of State to whom We shall think fit to intrust the scals of the War Department shall be the sole administrator and interpreter of this Our Warrant, and shall be empowered to issue such detailed instructions in reference thereto as he may from time to time deem necessary,"
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Civil situation shall be held to mean any employment of profit, at home or abroad, under a Department of the State not subject to the Secretary of State for War, except service with the Army in India."
990.
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a
"Retired pay may, subject to the provisions of Art. 991, with the consent of the Lords Commissioners of Our Treasury, be issued in full to an officer (a) holding civil situation, subject to limitations corresponding to those in the Appropriation Act,
‡ Appendix V.
§ Appendix I.
† Appendix VII.
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1870, as regards half pay; (3) in receipt of a civil pension, provided it does not exceed two-thirds of four times the retired pay of his rank on retirement."
991. "If an Officer who shall have been seconded to hold a civil situation, or an officer of Royal Engineers who shall have been permitted to accept a civil situation under Art. 54, shall retire from Our Army, his retired pay from Army funds shall be at the rate to which his service, including his service in such civil situation, shall entitle him; but such retired pay shall not be issued to the officer while holding a civil situation. The Officer may, however, retire from Our Army on the retired pay or gratuity to which his service in a civil situation may entitle him, and in such case he may, subject to Art. 990, draw such retired pay or gratuity, notwithstanding that he hold a civil situation."
APPENDIX II.
114. "A Retired Officer, whether he have commuted his retired pay or not, shall remain liable to be recalled to service in Our Regular or Auxiliary forces in cases of national emergency, until the
age of 45 if he retire as a lieutenant or captain, and until the age of 55 if he retire as major, lieutenant-colonel, or colonel, and until the age of 67 if he retire as a general officer,"
APPENDIX III.
EXTRACT from "THE APPROPRIATION ACT, 1870." Permanent Regulations as to certain Payments.
6. The following regulations shall be observed with respect to the application of any
sum granted by this Act, or by any Act that may hereafter be passed for the half pay
of officers of Her Majesty's forces; that is to say,
(1.) No person shall receive any half
pay who,
(7.) Was under the age of sixteen years at the time when the regiment, troop, or company in which he served was reduced; or
(4) Did not do actual service in some regiment, battalion, troop, or company
in Her Majesty's service, except in cases in which the commission was received under circumstances which did not, according to the regulations of the Army, require the officer to serve; or
(c.) Has resigned his commission, and has had no commission since such resignation:
(2.) No part of any sum granted for half pay as aforesaid shall be allowed to any person by virtue of any warrant or appointment, except to such person as would have been otherwise entitled thercto as a reduced officer:
(3.) No person shall receive any part of any sum granted for half pay for any time during which he holds any other military employment of profit under Her Majesty or in Her Majesty's colonies or possessions beyond the seas, except the holders of any staff or garrison appointments, or appointments in the militia, yeomanry, volunteer, or other reserve forces of Her Majesty, who may, with Her Majesty's approbation, signified by one of Her Majesty's Principal Secretaries of State, receive the half pay to which they would respectively be entitled if they held no military employment of profit under Her Majesty: (1) No person shall receive any part of any sum granted for half pay
during which he holds any civil employment of profit under Her Majesty, or in Her Majesty's colonies or possessions beyond the seas, except as hereafter mentioned; that is to say,
for any
time
(a.) Such persons as hold appointinents in Her Majesty's household may receive the full amount of their half pay:
(6.) Where the annual emoluments of any civil employment of profit held by any person entitled to half pay do not exceed three times the amount of the highest rate of half pay attached to the rank by virtue of which he claims to receive half pay, such person may, with Her Majesty's pleasure to that effect, signified by the Commissioners of Her Majesty's Treasury through one of the Principal Secretaries of State, receive the half pay to which he would be entitled if he field no such employment of profit:
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