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Encyclopedia Britannica - Main :: CLI-COM |
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COMMISSION (from Lat. commissio, committere) , the action of committing or entrusting any charge or duty to a person, and the charge or trust thus committed, and so particularly an authority, or the document embodying such authority, given to some person to act in a particular capacity. The term is thus applied to the written authority to command troops, which the sovereign or president, as the' ultimate commander
chief
In the law of evidence (q.v.) the presence of witnesses may, for certain necessary causes, be dispensed with by the order of the court, and the evidence be taken by a commissioner
Where the functions of an office are transferred from an individual to a body
body
A commission may be granted by one person to another to act as his agent, and particularly in business; thus the term is applied to that method of business in which goods are entrusted to an agent for 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 work
contract between himself and his principal. Such a contract may be implied from custom or usage, from the conduct of the principal or from the circumstances of the particular 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 breach of duty.Secret Commissions.The giving of a commission, in the sense of a bribe or unlawful payment to an agent or employe in order to influence him in relation to his principal's or employer's affairs, has grown to considerable proportions in modern times; it has been rightly regarded as a gross breach of trust upon the 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 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 gift or consideration as an inducement or 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 misdemeanour and shall be liable on conviction or 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 summary conviction to imprisonment not exceeding four months with or without hard labour or to a fine not exceeding 5o , or both. The act also applies the same 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 receipt, account or document with 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 kind, and " agent " includes any person employed by or acting for another. No prosecution can be instituted without the consent of the attorney-general, and every information must be upon oath.Legislation to the same effect has been adopted in Australia. A federal act was passed in 1905 dealing with secret commissions, and in the same year both Victoria and Western Australia passed drastic measures
Commissions of Inquiry, i.e. commissions for the purpose of eliciting information as to the operation of laws, or investigating particular matters, social, educational, &c., are distinguished, according to the terms of their appointment, as royal, statutory and departmental. A royal commission in England is appointed by the crown, and the commissions usually issue from the office of the executive government which they specially concern. The objects of the inquiry are carefully defined in the 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 compensation is allowed for time and labour. The expenses incurred are provided out of money annually voted for the purpose. Unless expressly empowered by act of parliament, a commission cannot compel the 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 United Kingdom, or may 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 report is presented to the crown through the home department. All the commissioners, if unanimous, sign the report, but those who are unable to agree with the majority can 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 absolute 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 treasury minute or by the . authority of a secretary of state, for the purpose of instituting inquiries into matters of 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-ordinate member of the administration. Reports of such committees are usually regarded as confidential documents. A full account of the procedure in royal commissions will be found in A. Todd's Parliamentary Government in England, vol. ii. COMMISSIONAIRE, the designation of an attendant, messenger or subordinate employe in hotels on the continent of-Europe, whose chief
It was first started in a very small way, with the intention of providing occupation for none but wounded soldiers. The nucleus of the corps consisted of eight men, each of whom had lost a limb. The demand, however, for neat, uniformed, trusty men, to perform certain light duties, encouraged the founder to extend his idea, and the corps developed into a large self-supporting organization. In 'gob there were over 3000 members of the corps, more than 2000 of whom served in 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) If you wish, you can link directly to this article.
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