CO885-5 — Page 159

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

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PUBLIC RECORD OFFICE, LONDON

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Besides the Acts quoted, various statutes have been passed, from time to time, enabling naval and military officers holding particular civil appoint- Special ments to draw their half pay with civil salary exempt from abatement, exemptions. e.g., this provision is made by 3&4 Will. IV. c. 73, sect, 15, in regard to West India Justices, by 6 & 7 Will IV c. 13, sect. 30, in regard to the Irish Constabulary, by 2 & 3 Vict. c. 47, sect. 19, in regard to officers of the Metropolitan Police Force, and by 2 & 3 Vict. c. 93, sect. 11, in regard to the County Constabulary; vile also 40 & 41 Vict. c. 21. sect. 35, regarding transferred officers in English prisons.

Regulations

of 1870 for

Army.

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Sometimes, also, special allowances would be made to naval and military officers in compensation for the loss of half pay, eg., the Select Committee of 1828 refer, in terms of censure, to the occasional instances, before the Act of 1820, of military allowances being granted, in lieu of half pay, to officers who entered the Civil or other Services; and by Treasury Warrant of 9th May 1829, the naval officers appointed to the Coast Guard, subse- quently to the 1st January 1829, were granted an allowance equal to their half pay, termed "Compensation in lieu of half pay."

The regulations made by the Act of 1832 for Army officers continued in force without material alteration until 1870; permission being given, within the limits of three times and four times, by the Secretary of State for War, in regard to applicants on or before 28th July 1828, and by the Treasury in regard to appointments subsequent to that date. But a Treasury Warrant has not been requisite since 1850 (13 & 14 Vict. c. 107. sect. 25).

In 1870 the Appropriation Act, 33 & 34 Vict. c. 96. s. 6. made certain permanent regulations which are still in force.

They do not differ in substance from those previously enacted, but the obsolete distinction of date is omitted. They are as follows:-

"(4) No person shall receive any part of any sum granted for half pay for any time during which he holds any civil employment of profit under Her Majesty, or in Her Majesty's colonies or possessions beyond the sens, except as bereafter mentioned, that is to say :-

"(a) Such persons as hold appointments in Her Majesty's Household may receive the Cull amount of their half pay:

"(b) 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 nay, 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 held no such employment of profit:

"(e) Where the annual emoluments of any civil employment, held by any person entitled to half pay, exceed three times the amount of such highest rate of half pay as aforesaid, but fall short of four times the amount, the holder of such employment may, with Her Majesty's pleasure, signified in the manner aforesaid, receive so much half pay as, added to the emoluments of his civil employment, will together make up four times the amount of such half pay:

"(d) Where the Commissioners of Her Majesty's Treasury are of opinion that the employment of military officers in the colonies or elsewhere, in civil situations of responsibility with small emoluments, will be conducive to economy, and thereby beneficial to the public service, the said Commissioners may authorise the receipt of half pay by military officers, notwithstanding their employment in a civil situation,"

In 1872 the law officers gave the opinion that the regulations above quoted do not apply to any form of Army non-effective pay, except half pay, and do Law officers' not apply to naval non-effective pay at all, opinions

Regulations

of 1877 for Navy.

In 1881 they gave the opinion that although the multiple "three times " in (b) and (c) applies to the highest rate of half pay attached to the rank of the officer in question, the multiple "four times in (c) applies, not to such

highest rate, but to the rate of half pay actually awarded to the officer.

By Order in Council of 7th February 1877, the foregoing regulations of the Appropriation Act, 1870, are applied, mutatis mutandis, to the half pay of officers of the Navy and Marines. But the Order also contains the following additional provisions, viz. : —

I. As regards Aides-de-Camp to the Sovereign :

"An officer of the Royal Navy or Royal Marines, while holding the appointment of Aide-de- Camp to your Majesty, shall, if not on active service, be entitled to receive half pay in addition to the emoluments of such appointment.

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"II. As regards Lords Commissioners or Secretaries of the Admiralty, Controller of the Admiralty

Navy, and Director of Naval Orduance:

"Au officer of the Royal Navy, while holding office as a Lord Commissioner or Secretary of the Admiralty, or as a Controller of the Navy, or Director of Naval Ordnance, shall be entitled to receive half pay, in addition to the emoluments of such office.

“III. As regards officers holding naval employments of profit:

"An officer of the Royal Navy or Royal Marines, when permitted to accept naval employment of profit in your Majesty's colonies or possessions beyond the seas, shall, in any special caso in which the Lords Commissioners of the Admiralty shall, with the concurrence of the Lords Commissioners of the Treasury, deem it advisable, receive the half pay to which he would be entitled if he held no such employment of profit.

" IV. As regards Naval Instructors:

"Naval instructors who may be in holy orders, but who have not been appointed Chaplains in the Royal Navy, shall be entitled to receive half pay.

And that, in the several excepted cases before mentioned, in which half pay is allowed to certain officers, your Majesty's pleasure to that effect shall be signified to the Paymaster-General by any two of the Lords Commissioners of the Admiralty,"

exemptions.

This is the latest naval regulation on the subject. But some important Provisions in rules have since been made in Royal Warrants for the Army.

recent Royal Warrants

Article 967 of the Royal Warrant of 25th June 1881 laid down that for Army Co half

pay shall not be allowed to an officer while holding a civil situation half pay. "conferred on him after the 30th June 1881, if service therein reckon towards

military promotion or retirement."

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And Article 968 prescribed that "half pay may, with the consent of the "Lords Commissioners of Our Treasury, signified through Our Secretary "of State, be issued in full to an officer holding a civil situation, service in which does not reckon towards military promotion or retirement, subject "to the limitations in the Appropriation Act, 1870; and provided that only such half pay shall be issued to him as he shall have earned by "actual military service."

But, in the Royal Warrant of 10th June 1881, the words in italics in Article 967 and the whole of Article 968 are omitted.

Moreover, the following Articles of the Royal Warrant last mentioned contain certain regulations regarding retired pay and retired full pay, which are quoted here, in full :---

"990. Retired pay may, subject to the provisions of Article 991, with the consent of the Lords and for Commissioners of Our Treasury, be issued in full to an officer (a) holding a civil situation, Army retired subject to limitations corresponding to those in the Appropriation Act, 1870, as regards half pay; pay, (6) 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 Article 54, shall rotire 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 auch 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, exclusive of his service in a civil situation, may entitle him, and in such case he may, subject to Article 990, draw such retired pay or gratuity, notwith. standing that he hold a civil situation."

"992.-VII. Retired full pay shall not, without the special sanction of the Lords Commissioners of Our Treasury, be issued to any officer appointed to a civil situation after his retirement upon full pay, except under the regulations laid down for retired pay in Acts 990 and 991."

"992.-VIII. An officer who may retire upon full pay while holding a civil situation, shall not

be qualified to receive his retired full pay so long as he shall hold such civil situation."

The Warrant of 10th June 1884 also contains the following provision and Army regarding unattached pay :-

unattached

"971.-V. Unattached pay shall not be drawn by an officer holding a civil situation conferred pay. upon him on or after the 1st July 1881. It may be drawn with a civil situation conferred before the 1st July 1881, and in such case the limitations corresponding to those in the Appropriation Act, 1870, for half pay shall apply to unattached pay."

Lastly, under Articles 969 and 992, half or retired pay may be wholly or partly suspended or withheld, under special circumstances, to be determined by the Secretary of State. [See also Articles 446a, 446b, and 989b, as to re-employment of Retired Officers.]

The following conclusions may be drawn from this retrospect: I.-The absolute prohibition recommended by the Select Committee of 1828 failure of was based on too narrow a view of half pay, and therefore proved unworkable. of 1828.

Reasons of

prohibition

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