Secretary of State, each officer has been appointed or promoted
by Her Majesty, under her Royal Sign Manual, to the rank for
which a Commission afterwards issues under Royal Sign Manual,
and has been gazetted to his appointment or promotion, and
has entered on the duties and received the pay or emolument
thereof according to the rank to which he has been so
appointed or promoted by Her Majesty:

That it is expedient to regulate, from time to time, the mode
of authenticating Commissions granted by Her Majesty.
The enactment and the Orders in Council are printed at
page 105, post.

(m.) Regimental Exchanges.

By "The Regimental Exchange Act, 1875," which received 38 Vict., c. 16. the Royal Assent on the 28th May 1875, Her Majesty may, sec. 2. from time to time, by regulation authorise exchanges to be made by officers in Her Majesty's Regular Forces from one regiment or corps to another regiment or corps, on such conditions as to Her Majesty may for the time being seem expedient; and nothing contained in the Army Brokerage Acts shall extend to any exchanges made in manner authorised by any regulation of Her Majesty for the time being in force.

"The Army Brokerage Acts" are the 5 and 6 Edward VI., c. 16, and the 49 George III., c. 126. (See pp. 110 and 112, post.)

(n.) Army Purchase Commissioners.1

For the purpose of carrying out the provisions of the 34 & 35 Vict.,
statute (see p. 106, post), Her Majesty may, by warrant under c. 86, sec. 10.
her sign manual, appoint any number of persons not exceeding
three to be Commissioners during Her Majesty's pleasure, and
may, on the occasion of any vacancy in the office of any Com-
missioner by death, resignation, or otherwise, by the like warrant
appoint some other fit person to fill such vacancy. The Com-
missioners so appointed shall be a body corporate with a
common seal, and shall be styled "The Army Purchase Com-
missioners."

There may
be paid to all or any one or more of the Commis-
sioners appointed under this Act, such salary or compensation
for their or his services as the Treasury may determine.

Any act or thing required, or authorized to be done by the
Commissioners may be done by any two of them.

The Commissioners may, with the sanction of the Treasury Ibid, sec. 11.
as to number and salaries, appoint and from time to time re-
move such clerks and servants as the Commissioners may
require for the purposes of this Act, award them their salaries,
and assign to them their duties.

1 As to history of Army Purchase, Vol. 1., pp. 29, 106; Vol. II., pp. 74, 90, and p. 106, post.

(0.) Pensions Commutations.1

On the 29th June 1871, "The Pensions Commutation Act 1871" received the Royal Assent. The Act interprets the term

& 35 Vict., "pension" to include any half-pay, compensation allowance, Definition of 36, sec. 2. superannuation or retirement allowance, or other payment of terms.

bid, sec. 3.

bid, sec. 4.

the like nature:

The term "officer" means commissioned officer and warrant officer in the Army and Navy, and subordinate officers in the Navy:

The term "public civil office" means any office other than that of an officer in Her Majesty's naval or land forces, the holder of which is paid his remuneration out of moneys provided by Parliament for supply services.

Its provisions are as follows:-
The Act applies only—

(1.) To officers in Her Majesty's naval or land forces; and
(2.) To persons who have retired or have been removed

from public civil offices in consequence of the abolition
of their offices, or for the purpose of facilitating
improvements in the organization of the departments
to which they belonged, and to whom annual pensions
have been granted by way of compensation for such
retirement or removal.

Application of
Act.

It enables the Treasury, in accordance with such regulations Power to
as they may from time to time make, on the application of Treasury to
any commute
person to whom this Act applies, to commute his pension by pensions.
the payment of a capital sum of money, calculated according
to the estimated duration of the life of the pension-holder, subject
to the following provisions:

(1.) In calculating the amount payable in respect of the
commutation of any pension, the following rules
shall be observed:

(a.) The age of the pension-holder shall be
reckoned at the age he will attain on the birthday
next succeeding his application for commutation;

(b.) In the case of impaired lives, years shall be added to the age of the pension-holder for the purpose of calculating the amount of commutation payable to them; and in like manner a deduction from age shall be made as an equivalent for the right to prospective increase of the pension to be commuted:

(c.) In calculating the amount payable in respect of any pension, interest shall be reckoned at a rate of not less than 57. per centum per annum :

1 As to this Act, see Vol. II., pp. 448-50. A pension as defined by 22 Geo. III., c. 82, sec. 30, is any grant made more than once in three years (see p. 131, post.)

D

Commutation board

constituted.

Power to

Treasury to make regula

tions.

Penalty on

persons

(2.) Where any officer in the naval or land forces of Her
Majesty whose pension has been commuted under
this Act subsequently marries, his widow shall not
be entitled to any pension, and a child of any such
officer born after the date of the commutation of
his pension shall not be entitled to compassionate
allowance:

(3.) Save as aforesaid, nothing in this Act contained shall
be held to deprive the wife or children of an officer
whose pension may be commuted of any reversionary
right to pension or compassionate allowance to which
she or they may be entitled:

(4.) No application for the commutation of a pension shall
be received unless it be accompanied, in the case of
an officer who has belonged to Her Majesty's naval
forces, by a recommendation from the Admiralty, and
in the case of an officer who has belonged to Her
Majesty's land forces, by a recommendation from the
War Office, and in the case of any other person, by a
recommendation from the head of the department to
which the applicant belongs, unless the Treasury
otherwise direct.

There shall be constituted for the purpose of advising on 34 & 35 Vict. the cases of applicants for commutation of pensions under this c. 36, sec. 5. Act a board, in this Act called "the commutation board."

The commutation board shall consist of the Comptroller-
General for the time being of the National Debt Office, and
of four other persons to be from time to time appointed by the
Treasury.

The Treasury may from time to time appoint, and remove,
an actuary, medical referees, and such other officers or servants
as they may consider necessary, and may pay them such
remuneration as they may think fit.

The commutation board shall inquire into and report to the Treasury upon the cases of applicants for commutation under this Act in such manner as the Treasury directs.

Subject to the provisions of this Act, the Treasury may from Ibid, sec. 7. time to time make, alter, or revoke regulations as to the following matters:

(1.) The rules according to which applications for com-
mutation are to be made or, on payment of a
prescribed fee, to be withdrawn:

(2.) The tables according to which the duration of life of
applicants for commutation is to be calculated for the
purposes of this Act:

(3.) The terms upon which pensions are to be commuted,
and the cases in which commutation is to be refused.

If any applicant for commutation under this Act wilfully Ibid, sec. 9. make any false declaration in relation to any matter or thing declaration. required by any regulation made in pursuance of this Act he

making false

& 35 Vict.,

shall be deemed to be guilty of a misdemeanor, and shall be
liable on conviction to forfeit all claim to his pension or the
value thereof, and to be imprisoned for any term not exceeding
two years, with or without hard labour.

be made where

pension

If any pension-holder whose pension has been commuted in Deduction 36, sec. 10. pursuance of this Act accepts any public employment, a from salary to deduction shall be made from the salary payable to him in respect of such employment equal to the amount which would holder takes have been abated from the pension if it had not been com- office. muted; and in the event of his becoming entitled to a pension in respect of such employment, the amount of such pension granted to him shall not exceed the amount which he might have received had his pension not been so commuted.

9 & 40 Vict.,

By an Act of 1876, certain officers of the army were Exemption of - 73, sec. 2. exempted from the provisions of sec. 10, thus:

certain halfpay officers

Where an officer being on balf-pay has either before or after of army from
the passing of this Act been permitted to retire from the army 34 & 35 Vict.,
by commutation of his half-pay, and received under section c. 36, sec. 10.
three of the Regulation of the Forces Act, 1871, the sum which,
in addition to the said commutation, amounted to the regulation
price of the saleable commission held by him, and such officer
has either before or after the passing of this Act accepted any
public employment, no deduction on account of the half-pay
so commuted shall be made under section ten of the Pensions
Commutation Act, 1871, from the salary payable, or any pension
granted to him in respect of such employment.

The instructions issued by the Treasury are in these words:
Form of Instructions to Persons who may desire to Commute Civil
Compensation Allowances, under the Pensions Commutation
Act, 1871.

1. Any person who has retired or has been removed from a
public civil office1 in consequence of the abolition of his office, or
for the purpose of facilitating improvements in the organization of
the Department to which he belonged, to whom an annual pension
has been granted by way of compensation for such retirement
or removal, and who may be desirous of commuting such
pension under the Pensions Commutation Act of 1871, must
make application in writing to the head or heads of the Depart-
ment to which he belonged, stating his desire so to commute,
and furnishing information as to his age, the office which he
held, and the amount of his compensation allowance.

2. If the head of the Department to which he belonged shall think proper to recommend the commutation under the fourth clause of the 4th section of the Act, the person will be

1

By the 2nd section of the Act "the term 'public civil office' means any office other than that of an officer in Her Majesty's Naval or Land Forces, the holder of which is paid his remuneration out of the moneys provided by Parliament for supply services."

so informed by the head of the Department, and his application will be forwarded to the Commutation Board for consideration. 3. The person will then receive further instructions from that Board.

4. The Commutation Board will require the person to give such information as to his health and habits as is usual in the case of persons proposing to assure their lives in assurance companies, and he will be required to submit himself for personal examination at the office of the Board at the National Debt Office, 19, Old Jewry, in the City of London.

5. The basis of the commutation will be the following Table, subject to an addition of years of age in the case of impaired lives:

6. The amount of money to be paid in commutation of the pension will be fixed by the Treasury on the recommendation of the Commutation Board. The applicant will then be informed of the amount, and he will have the option of with

Present Value of the
Annuity of 1007.