To compensate officers holding saleable commissions on "the appointed day," viz., 1st November 1871, the following t35 Vict., provisions were enacted by "The Regulation of the Forces 3, sec. 3. Act, 1871."

Every officer holding on the said appointed day a saleable Compensation
commission in Her Majesty's army shall, on1 his retirement under to officers
the circumstances hereinafter mentioned, be entitled in respect able commis-
holding sale-
of such commission to receive, on application to the Army sions.
Purchase Commissioners, such price or sum as is hereinafter
mentioned; that is to say,

1. Where such officer is permitted to retire from a
regiment in the army under circumstances in which,
if the said Royal Warrant had not issued, he would
have been permitted to retire by sale of his com-
mission:

He shall be entitled to receive a sum equal to
the estimated price at which the commission held by
him on the said appointed day would have been
saleable if the said Royal Warrant had not issued.
2. Where such officer is permitted to retire on full pay
or to go on half pay, on promotion or otherwise,
and proves to the satisfaction of the Commissioners
that he would, if the said Royal Warrant had not
issued, have on such retirement received according
to the custom of his regiment a certain sum of
money:

He shall be entitled to receive the over-regulation
price of the commission which was held by him on
the said appointed day.

3. Where such officer being on half pay is permitted to
retire from the army by commutation of his half
pay, and proves to the satisfaction of the Com-
missioners that if the said Royal Warrant had not
issued he would have been eligible, by the regula-
tions of the army in force at the time of the passing
of this Act, for retirement by sale of his commission,
whether on exchanging to full pay or otherwise:

He shall be entitled to receive such sum, if any,
as, in addition to the sum paid by the Commutation
Board under the Pensions Commutation Act, 1869,*
will amount to the regulation price of the saleable
commission held by him on the said appointed day.
Provided that—

The number of half pay officers of each rank entitled in
any one year to receive compensation on retirement

1 Or, in other words-on the publication of the London Gazette, in which his retirement appears authorised-according to the decision of Vice-Chancellor Bacon, in Johnstone v. Cox, 7th December 1880, upon a question of priority of security upon the purchase-money.

2 See p. 131, post.

shall not exceed the limit specified in the table in the schedule hereto.1

"A saleable commission" means a commission in the army in respect of which Her Majesty's warrant for the pay and promotion of the army, and the regulations of the army in force at the time of issuing of the said Royal Warrant provide that on the occasion of the holder vacating the same a certain price may be given.

"The estimated price at which a commission would have "been saleable if the said Royal Warrant had not issued" shall be the regulation price of such commission, together with the over-regulation price, if any.

"The regulation price of a commission" shall mean the price authorized to be given or received in respect of such commission by Her Majesty's warrant for the pay and promotion of the Army, and the regulations of the Army in force at the time of the issuing of the said Royal Warrant, and in the case of an officer holding, on the said appointed day, a commission, the full price of which (if such commission were sold on that day) he would not be entitled to receive, shall include any allowance made in respect of such commission by the said warrant and regulations on account of service, whether performed before or after the said appointed day.

"The over-regulation price" of a commission in any regiment shall be the customary sum, if any, payable in that regiment beyond the regulation price on the occasion of such commission being vacated, and shall be determined by the Commissioners, as nearly as may be, according to the custom prevalent in the regiment prior to the 1st day of January 1871.

Where an officer retires from the Army in a higher rank than that held by him on the said appointed day, and proves to the Commissioners that he has served previously to the said appointed day a number of years, the value of which service, calculated as hereinafter mentioned, amounts to a sum exceeding the regulation price of the commission held by him on the said appointed day, then, if otherwise entitled, he shall receive, instead of the regulation price of such last-mentioned commission, the value of such service, calculated as aforesaid, to an amount not exceeding the regulation price of a commission of the rank next above the rank held by him on the said appointed day.

The rate at which the value of such service as aforesaid shall be calculated shall, in the case of service as an officer, be

1 Which is in these words :

"Rule for finding the limit of the number of half-pay officers of each rank entitled in any one year to receive compensation on commutation of their halfpay.

"Find the number of officers in each rank of the service who have retired from half-pay by the sale of their commissions in each of the five years preceding the 1st day of January 1870, whether immediately after returning from half-pay to full pay or otherwise.

"The largest number in any one of the five years as respects each rark is the limit to be found."

& 35 Vict., 6, sec. 4.

d, sec. 12.

501. for every year of home service, and 100%. for every year of
foreign service, and in the case of service in the ranks shall be
251. for every year of home service, and 50l. for every year of
foreign service.

No officer shall receive over-regulation price who has at any
time previously realized such price or any part thereof.

No officer, on retirement from the Army, shall receive a greater sum in respect of such retirement than he would have received if the said Royal Warrant had not issued.

regiments.

The Commissioners shall have power to consider the claims Compensation on retirement of any officers who on the said appointed day are to officers of serving in the regiments of the line following, that is to say, the certain Indian cavalry regiments numbered 19, 20, 21, and the infantry regiments numbered from 101 to 109, both inclusive, and to grant to such officers when permitted to retire a compensation equal to the sums they would have received according to the custom of their regiment from the junior officers of their regiments had they retired therefrom prior to the said appointed day.

The following enactments are also in force with respect to Powers and the proceedings of the Army Purchase Commissioners; that is duties of Com to say :=

1. The Commissioners shall ascertain the regulation price
and the over-regulation price, if any, of every saleable
commission:

2. The Commissioners may examine on oath any witnesses
for the purpose of ascertaining any matter required to be
ascertained by them for the purposes of this Act, and
may administer an oath for the purpose of such
examination :

3. Any person examined as a witness by the Commissioners
who in their opinion make a full and true disclosure
touching all the matters in respect of which he is
examined shall receive a certificate under the hand of
one or more of the Commissioners, stating that the
witness has upon his examination made a full and true
disclosure as aforesaid; and if any civil or criminal
proceeding be at any time thereafter instituted against
such witness in respect of any matter touching which
he has been so examined, the tribunal before which
such proceeding is instituted shall, on the production
and proof of the certificate, stay the proceeding, and
may in its decretion award to such witness any costs
he may have been put to by the institution of the pro-
ceeding; and no evidence taken by the Commissioners
shall be admissible against any person in any civil or
criminal proceeding whatever, except in the case of a
witness who may be accused of having given false
evidence before such Commissioners:

4. The Commissioners shall account to the Treasury in such
form, and at such intervals of time, as the Treasury may
direct, for all acts done by them in pursuance of this

missioners.

Decision of

Commis

Act, and an abstract of the accounts of the Com-
missioners shall from time to time be laid before both
Houses of Parliament.

5. The Commissioners may, in the case of any officer apply-
ing for the price of his commission, make such investiga-
tions as they may think necessary for the purpose of
ascertaining whether such officer has or has not received
any payment for his commission, or otherwise dealt
with the same in contravention of this Act, and no
officer who has received any payment for his coin-
mission or otherwise dealt with the same in contraven-
tion of this Act shall be entitled to receive any payment
from the Commissioners under this Act.

No appeal shall be had from any decision of the Commis- 34 & 35 Vict. sioners to be sioners, and they shall not be compelled by mandamus, injunc- c. 86, sec. 13. tion, or order of any court to exercise or abstain from exercising

conclusive.

any power conferred on them.

ceiving or paying money or rewards for

V. The Prohibition of Purchase or Sale of Military

Commissions.

c. 16.

In 1551-2, for the avoiding of corruption and to the intent 5 & 6 Edw. 6 that persons worthy and meet to be advanced should thereafter be preferred, and none other, it was enacted by the 5 and 6 Edward VI., c. 16, that if any person bargain or sell any office, or receive any money, fee, or reward, directly or indirectly, for any office which shall touch (inter alia) the keeping of any of the King's Majesty's towns, castles, or fortresses, being used, occupied, or appointed for a place of strength or defence, such person shall not only lose and forfeit the said office but be adjudged a disabled person in the law to all intents and purposes for such office.

1

In 1809 the provisions of this Act were extended (inter alia) 49 Geo. 3,
to "all commissions, civil, naval, and military," by the 49 c. 126, sec. 3.
Geo. III., c. 126, and the offenders by sections 3 and 4 are made
liable to criminal punishment by these enactments.

Persons buy-
If any person shall sell or bargain for the sale of, or receive,
ing or selling have, or take any money, fee, gratuity, loan of money, reward,
offices, or re- or profit, directly or indirectly, or any promise, agreement,
covenent, contract, bond, or assurance, or shall by any way,
device, or means contract or agree to receive or have any money,
fee, gratuity, loan of money, reward, or profit, directly or in-
directly, and also if any person or persons shall purchase or bar-
gain for the purchase of, or give or pay any money, fee, gratuity,
Ioan of money, reward, or profit, or make or enter into any

offices, guilty

of a misde

meanor.

1 These words extend to the Militia and Volunteer service, and the penalties apply to any trafficking in these commissions. Some of the cases which have arisen under the statute are, Reg. v. Charritis, 13 L. B. Rep. 447; Hopkins v. Prescott, 4 C. B. 579; Sterry v. Clifton, 9 ib. 121; Eicke v. Jones, 11 ib. (N.S.) 633; Eyre v. Forbes, 12 ib. 197; Græme v. Wroughton, 11 Exch. Ca. 197.

19 Geo. 3,

promise, agreement, covenent, contract, bond, or assurance to
give or pay any money, fee, gratuity, loan of money, reward, or
profit, or shall by any way, means, or device contract or agree
to give or pay any money, fee, gratuity, loan of money, reward,
or profit, directly or indirectly, for any office, commission, place,
or employment, or for any deputation thereto, or for any part,
parcel, or participation of the profits thereof, or for any appoint-
ment or nomination thereto, or resignation thereof, or for the
consent or consents, or voice or voices of any person or persons
to any such appointment, nomination, or resignation, then and
in every such case every such person, and also every person
who shall wilfully and knowingly aid, abet, or assist such person
therein, shall be deemed and adjudged guilty of a misdemeanor.

misdemeanor.

If any person or persons shall receive, have, or take any Persons re126, sec. 4. money, fee, reward, or profit, directly or indirectly or take any ceiving or paying money for promise, agreement, covenant, contract, bond or assurance, or by soliciting offiany way, means, or device contract or agree to receive or have ces, or for any any money, fee, gratuity, loan of money, reward or profit, directly negotiations or pretended or indirectly, for any interest, solicitation, petition, request, recom- negotiations mendation, or negotiation whatever made or to be made or pre- relating theretended to be made, or under any pretence of making or causing to, guilty of or procuring to be made any interest, solicitation, petition, request, recommendation, or negotiation, in or about or in anywise touching, concerning, or relating to any nomination, appointment, or deputation to or resignation of any such office, commission, place, or employment as aforesaid, or under any pretence for using or having used any interest, solicitation, petition, request, recommendation, or negotiation in or about any such nomination, appointment, deputation or resignation, or for the obtaining or having obtained the consent or consents, or voice or voices of any person or persons as aforesaid to such nomination, appointment, deputation, or resignation: and also if any person or persons shall give or pay or cause to be given or paid any money, fee, gratuity, loan of money, reward or profit, or make or cause or procure to be made any promise, agreement, covenant, contract, bond or assurance, or by any way, means, or device contract or agree or give or pay or cause or procure to be given or paid any money, fee, gratuity. loan of money, reward, or profit for any solicitation, petition, request, recommendation or negotiation whatever, made or to be made, that shall in anywise touch, concern, or relate to any nomination, appointment, or deputation to or resignation of any such office, commission, place, or employment as aforesaid, or for the obtaining or having obtained, directly or indirectly, the consent or consents, or voice or voices of any person or persons as aforesaid to any such nomination, appointment, deputation, or resignation; and also if any person or persons shall for or in expectation of gain, fee, gratuity, loan of money, reward, or profit solicit, recommend, or negotiate in any manner for any person or persons in any matter that shall in anywise touch, concern, or relate to any such nomination, appointment, deputation, or resignation aforesaid, or for the obtaining, directly or