Online Encyclopedia

Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.

COMMISSION (from Lat. commissio, comm...

Online Encyclopedia
Originally appearing in Volume V06, Page 776 of the 1911 Encyclopedia Britannica.
Spread the word: del.icio.us del.icio.us it!

See also:

COMMISSION (from See also:Lat. commissio, committere) , the See also:action of committing or entrusting any See also:charge or See also:duty to a See also:person, and the charge or See also:trust thus committed, and so particularly an authority, or the document embodying such authority, given to some person to See also:act in a particular capacity. The See also:term is thus applied to the written authority to command troops, which the See also:sovereign or See also:president, as the' ultimate See also:commander-in-See also:chief of the nation's armed forces, grants to persons selected as See also:officers, or to the similar authority issued to certain qualified persons to act as justices of the See also:peace. For the various commissions of See also:assize see AssrzE. The word is also used of the See also:order issued to a See also:naval officer to take the command of a See also:ship of See also:war, and when manned, armed and fully equipped for active service she is said to be " put in commission." In the See also:law of See also:evidence (q.v.) the presence of witnesses may, for certain necessary causes, be dispensed with by the order of the See also:court, and the evidence be taken by a See also:commissioner. Such evidence in See also:England is said to be " on commission " (see R.S.C. Order See also:XXXVII.). Such causes may be illness, the intention of the See also:witness to leave the See also:country before the trial, See also:residence out of the country or the like. Where the witness is out of the See also:jurisdiction of the court, and his See also:place of residence is a See also:foreign country where objection is taken to the See also:execution of a commission, or is a See also:British See also:colony or See also:India, "letters of See also:request" for the examination of the witness are issued, addressed to the See also:head of the tribunal in the foreign country, or to the secretary of See also:state for the colonies or for India. Where the functions of an See also:office are transferred from an individual to a See also:body of persons, the body exercising these delegated functions is generally known as a commission and the members as commissioners; thus the office of See also:lord high See also:admiral of See also:Great See also:Britain is administered by a permanent See also:board, the lords of the See also:admiralty. Such a delegation may be also temporary, as where the authority under the great See also:seal to give the royal assent to legislation is issued to lords commissioners. Similarly bodies of persons or single individuals may be specially charged with carrying out particular duties; these may be permanent, such as the Charity Commission or the Ecclesiastical and See also:Church Estates Commission, or may be temporary, such as various See also:international bodies of inquiry, like the commission which met in See also:Paris in 1905 to inquire into the See also:North See also:Sea incident (see DOGGER See also:BANK), or such as the various commissions of inquiry, royal, statutory or departmental, of which an See also:account is given below. A commission may be granted by one person to another to act as his See also:agent, and particularly in business; thus the term is applied to that method of business in which goods are entrusted to an agent for See also:sale, the remuneration being a percentage on the sales.

This percentage is known as the " commission," and hence the word is extended to all remuneration which is based on a percentage on the value of the See also:

work done. The right of an agent to remuneration in the See also:form of a " commission " is always founded upon an See also:express or implied See also:contract between himself and his See also:principal. Such a contract may be implied from See also:custom or usage, from the conduct of the principal or from the circumstances of the particular See also:case. Such commissions are only payable on transactions directly resulting from agency and may be payable though the principal acquires no benefit. In order to claim remuneration an agent must be legally qualified to act in the capacity in which he claims remuneration. He cannot recover in respect of unlawful or wagering transactions, or in cases of misconduct or See also:breach of duty. See also:Secret Commissions.—The giving of a commission, in the sense of a bribe or unlawful See also:payment to an agent or employe in order to See also:influence him in relation to his principal's or employer's affairs, has grown to considerable proportions in See also:modern times; it has been rightly regarded as a See also:gross breach of trust upon the See also:part of employes and agents, inasmuch as it leads them to look to their own interests rather than to those of their employers. In order to suppress this bribing of employes the See also:English legislature in rco6 passed the Prevention of Corruption Act, which enacts that if an agent corruptly accepts or obtains for himself or for any other person any See also:gift or See also:consideration as an inducement or See also:reward for doing or forbearing to do any act or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs, he shall be guilty of a See also:misdemeanour and shall be liable on conviction or See also:indictment to imprisonment with or without hard labour for a term not exceeding two years, or to afine not exceeding ksoo, or to both, or on See also:summary conviction to imprisonment not exceeding four months with or without hard labour or to a See also:fine not exceeding £5o , or both. The act also applies the same See also:punishment to any person who corruptly gives or offers any gift or consideration to an agent. Also if a person knowingly gives an agent, or if an agent knowingly uses, any See also:receipt, account or document with See also:intent to mislead the principal, they are guilty of a misdemeanour and liable to the punishment already mentioned. For the purposes of the act " consideration " includes valuable consideration of any See also:kind, and " agent " includes any person employed by or acting for another. No See also:prosecution can be instituted without the consent of the See also:attorney-See also:general, and every See also:information must be upon See also:oath.

Legislation to the same effect has been adopted in See also:

Australia. A federal act was passed in 1905 dealing with secret commissions, and in the same See also:year both See also:Victoria and Western Australia passed drastic See also:measures to prevent the giving or receiving corruptly of commissions. The Victorian act applies to trustees, executors, administrators and liquidators as well as to agents. Both the Victorian and the Western Australian acts enact that gifts to the See also:parent, wife, See also:child, partner or employer of an agent are to be deemed gifts to the agent unless the contrary is proved; also that the custom of any See also:trade or calling is not in itself a See also:defence to a prosecution. Commissions of Inquiry, i.e. commissions for the purpose of eliciting information as to the operation of See also:laws, or investigating particular matters, social, educational, &c., are distinguished, according to the terms of their See also:appointment, as royal, statutory and departmental. A royal commission in England is appointed by the See also:crown, and the commissions usually issue from the office of the executive See also:government which they specially concern. The See also:objects of the inquiry are carefully defined in the See also:warrant constituting the commission, which is termed the " reference." The commissioners give their services gratuitously, but where they involve any great degree of professional skill See also:compensation is allowed for See also:time and labour. The expenses incurred are provided out of See also:money annually voted for the purpose. Unless expressly empowered by act of See also:parliament, a commission cannot compel the See also:production of documents or the giving of evidence, nor can it administer an oath. A commission may hold its sittings in any part of the See also:United See also:Kingdom, or may See also:institute and conduct experiments for the purpose of testing the utility of invention, &c. When the inquiry or any particular portion of it is concluded, a See also:report is presented to the crown through the See also:home See also:department. All the commissioners, if unanimous, sign the report, but those who are unable to agree with the See also:majority can See also:record their dissent, and express their individual opinions, either in paragraphs appended to the report or in separately signed memoranda.

Statutory commissions are created by acts of parliament, and, with the exception that they are liable to have their proceedings questioned in parliament, have See also:

absolute See also:powers within the limits of their prescribed functions and subject to the provisions of the act defining the same. Departmental commissions or committees are appointed either by a See also:treasury See also:minute or by the . authority of a secretary of state, for the purpose of instituting inquiries into matters of See also:official concern or examining into proposed changes in administrative arrangements. They are generally composed of two or more permanent officials of the department concerned in the investigation, along with a sub-See also:ordinate member of the See also:administration. Reports of such committees are usually regarded as confidential documents. A full account of the See also:procedure in royal commissions will be found in A. Todd's See also:Parliamentary Government in England, vol. ii. COMMISSIONAIRE, the designation of an attendant, messenger or subordinate employe in hotels on the See also:continent of-See also:Europe, whose chief duty is to attend at railway stations, secure customers, take charge of their luggage, carry out the necessary formalities with respect to it and have it sent on to the hotel. They are also employed in Paris as See also:street messengers, See also:light porters, &c. The See also:Corps of Commissionaires, in England, is an association of pensioned soldiers of trustworthy See also:character, founded in 1859 by See also:Captain See also:Sir See also:Edward See also:Walter, K.C.B. (1823-1904). It was first started in a very small way, with the intention of providing occupation for none but wounded soldiers. The See also:nucleus of the corps consisted of eight men, each of whom had lost a See also:limb.

The demand, however, for neat, uniformed, trusty men, to perform certain light duties, encouraged the founder to extend his See also:

idea, and the corps See also:developed into a large self-supporting organization. In 'gob there were over 3000 members of the corps, more than 2000 of whom served in See also:London. Out-stations were established in various large towns of the kingdom, and the corps extended its operations also to the colonies.

End of Article: COMMISSION (from Lat. commissio, committere)

Additional information and Comments

There are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click, and select "copy." Then paste it into your website, email, or other HTML.
Site content, images, and layout Copyright © 2006 - Net Industries, worldwide.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.

Links to articles and home page are always encouraged.

[back]
COMMISSARY (from Med. Lat. commissaries, one to who...
[next]
COMMISSIONER