HC Deb 21 April 1853 vol 126 cc158-9
COLONEL LINDSAY

said, he begged to put the following questions to the noble Lord the Home Secretary; and he would be glad to know—If the clerks of the peace in counties have any legal right, or have any authority from the Government, for charging the officers of militia with fees, either on appointment or promotion; and if it is the intention of the Government to take any steps to prevent a continuance of this practice for the future? Also, if the clerks of the peace, or clerks of the lieutenancy in counties, have any legal right, or have any authority from the Government, for charging the officers of militia or yeomanry with fees, either on appointment or promotion; and if it is the intention of the Government to take any steps to prevent a continuance of this practice for the future?

VISCOUNT PALMERSTON

said, he had received many representations upon the matter to which the questions referred—namely, the varying, and, in some cases, the very considerable, fees which were levied by clerks of lieutenancy and clerks of the peace upon militia officers for their commissions. The hon. and gallant Member was doubtless aware that the commissions of militia officers were signed, not by the Secretary of State, like the commissions of the regular Army, but by the Lord Lieutenant of the county, who, by the Act of Parliament, was the person competent, authorised, and required to sign them. The Government, therefore, had no control over these different clerks referred to. But, as far as he was informed—and he had made inquiries about it—he was not aware of any law by which the clerks were entitled to levy those fees. They might, of course, have a claim to some recompense for the labour and duty of preparing commissions; but he was not aware of the existence of any law which either fixed a rate of fees, or under which they could legally recover such fees. His right hon. Friend the Secretary at War and himself had turned the matter over in their minds for the purpose of ascertaining if any remedy could be applied to it; and his right hon. Friend thought that, subject to inquiry with regard to the manner in which it could be arranged, these commissions might be made out at the War Office, without giving the clerks of lieutenancy anything to do. They could then be returned to the Lord Lieutenant to be signed by him; and in that way the militia officers would be entirely relieved from any charge in regard to their commissions. Of course the House was aware that officers in the regular Army were not subjected to these fees; and he would endeavour by some means or other to relieve the officers of militia from them also.

SIR GEORGE PECHELL

said, he would take that opportunity of inquiring of the noble Lord respecting a statement that he had seen, that at a recent meeting of the magistrates of the western division of Sussex, 500 militiamen were to be embodied as a corps of artillery in that county, to be stationed near Brighton: he would beg to ask the noble Lord, if that number was to be in excess of the quota ordered to be provided by the county of Sussex?

VISCOUNT PALMERSTON

The quota to be raised by each county was, of course, settled by Order in Council, and to that quota no addition could be legally made. The Crown had, however, the power of training portions of the quota belonging to each county in such manner as was best for the public service; and he was of opinion—and in that opinion he was supported by the highest authorities—that it would be desirable to train a portion of the militia in maritime counties to the management of batteries and the use of great guns. But this force would form no addition to the militia.