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Colonial Cases

Re Hervey,1840


Re Hervey

Supreme Court, Bombay
2 July 1840
Source: The Bombay Times, 15 July 1840


COURIER, July 2.

   A case of considerable interest to the Military part of the community was decided this morning in the Supreme Court.  Lieut. Col. Hervey of the 65th N. I. was necessitated some months since to take the benefit of the Insolvent Debtor's Act.  He was Major previously to his becoming involved in difficulties, yet up to the time of his surrender had the command of the regiment.  This ceased during the term of his imprisonment; upon his discharge, he again assumed the command, but in the meantime had been promoted to the Lieut. Colonelcy.

   The Court ordered at the time of his discharge that half his pay should be stopped, and the question now raised was whether under the 27th Section of the Insolvent Debtor's Act, the Court were entitled to stop half his additional allowances as commanding the regiment.

   The Court decided that they clearly were entitled to do this, because the clause gave them power over half "the receipts" the Insolvent derived from his office, or appointment.  The only controlling consideration with the Court could be whether, if half such allowances were stopped, they should render the Officer unable efficiently to perform the duties of his appointment; and to be quite sure upon this point they applied to the Government.  The official reply was to the effect that the Court might justly stop one-third of all "pay and allowances" received by a Subaltern, and one-half of those of superior grades.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School