in-chief in India is not at present authorized by his commission to sign commissions on behalf of the King.

Before 1871 commissions to officers of the auxiliary forces in the United Kingdom were granted by the lieutenants of counties in England and Scotland and by the Lord Lieutenant in Ireland. The power to grant these commissions was given by statute, and the rank and powers of command of the commissioned officers were also regulated by statute (see, e. g. 26 & 27 Vict. c. 65, s. 5). Without such a statutory provision they would have had no command over the regular forces. But by s. 6 of the Regulation of the Forces Act, 1871 (34 & 35 Vict. c. 86), it was enacted that all officers in the militia, yeomanry, and volunteers of England, Scotland, and Ireland should hold commissions from Her Majesty, to be prepared, authenticated, and issued in the manner in which commissions of officers in Her Majesty's land forces are prepared, authenticated, and issued according to any law or custom for the time being in force. Accordingly all such commissions are now granted directly or indirectly by the Crown.

The power of granting military commissions may be delegated by the Crown, but the power must apparently be given in express terms (see Bradley v. Arthur, 2 State Trials, N. S. 171), and it has been considered doubtful whether it could be given to a civilian (see Clode, Military Forces of the Crown, vol. ii. p. 72, and Bradley v. Arthur, 2 State Trials, N. S. 183, 196, 202-203). Certainly in India, down to 1859, all commissions giving command over the regular forces were given by the military authority-the commander-in-chief, and not the governor-general. However, Sir Bartle Frere, when High Commissioner for South Africa, was empowered by letters patent (dated October 10, 1878) to appoint any officer of the regular troops serving in South Africa to local and temporary rank and command therein, and by subsequent letters patent (dated March 22, 1879) to appoint any officer of the local forces serving in South Africa to local and temporary rank and command in the regular army. But this was a special appointment in time of war, and outside the colonial limits. Local forces' may have meant forces within ss. 175 (4) and 176 (3) of the Army Act, or colonial forces within s. 177 of the Army Act, or both. As to the powers ordinarily exercisable by colonial governors in military matters, see Todd, Parliamentary Government in the British Colonies (second edition), p. 41.

The existing Army Act (44 & 45 Vict. c. 58) does not confer on the Governor-General of India any power to grant commissions or recognize any such power. Indeed, the Act treats him throughout as a civil and not a military officer (see, e. g. ss. 54, 62, 65, 94, 130, 134, 169). If his commission were to confer on him the powers of a commander-in-chief, he might, no doubt, by virtue of those powers, grant military commissions such as were granted by Lord Cornwallis in his capacity of commanderin-chief; but otherwise he would appear not to have, by virtue of his office, power to grant any military command over officers of the regular forces.

In 1866 a provision was inserted in s. 52 of the Mutiny Act to the

effect that, notwithstanding anything in the Act 23 & 24 Vict. c. 100, any person authorized in that behalf in India might enlist and attest, within the local limits of his authority, any person desirous of enlisting in Her Majesty's Indian forces. This provision was re-enacted by s. 52 of each successive annual Mutiny Act, and was eventually reproduced by s. 180 (1) (h) of the existing Army Act, which provides that persons may be enlisted and attested in India for medical service or for other special service in Her Majesty's Indian forces for such periods, by such persons, and in such manner as may be from time to time authorized by the Governor-General of India. Enlistment is the process for taking men, not officers, into the army, and the section says nothing about the grant of commissions.

Section 71 of the Army Act enacts that 'for the purpose of removing doubts as to the powers of command vested or to be vested in officers and others belonging to Her Majesty's forces, it is hereby declared that Her Majesty may, in such manner as to Her Majesty may from time to time seem meet, make regulations as to the persons to be invested as officers, or otherwise, with command over Her Majesty's forces, or any part thereof, and as to the mode in which such command is to be exercised; provided that command shall not be given to any person over a person superior in rank to himself.' This provision was first enacted in 1881, when the old enactments as to the rank and command of officers of the military and other auxiliary forces were repealed, and its object was to provide for officers of the regular forces exercising command over officers of the auxiliary forces, and vice versa.

Under these circumstances it would appear that any forms of appointment, whether described as commissions or otherwise, granted by the governor-general or by the Governor-General in Council, could not confer the status and powers of command conferred by commissions under the signature of the King. No express power to grant such commissions is conferred on the governor-general by the existing form of his warrant of appointment.

Secretaries, junior secretaries, and under secretaries to the several Governments in India, except the secretaries, junior secretaries, and under secretaries in the Military, Marine, and Public Works Depart

ments.

Accountant-general.

Civil auditor.

Sub-treasurer.

Judicial.

1. Civil and sessions judges, or chief judicial officers of districts in the provinces known as Regulation Provinces.

2. Additional and assistant judges in the said provinces.

3. Magistrates or chief magisterial officers of districts in the said provinces.

1 See s. 80 of Digest.

4. Joint magistrates in the said provinces.

5. Assistant magistrates, or assistants to magistrates in the said provinces.

Revenue.

1. Members of the Board of Revenue in the presidencies of Bengal and Madras.

2. Secretaries to the said Boards of Revenue.

3. Commissioners of revenue, or chief revenue officers of divisions, in the provinces known as Regulation Provinces.

4. Collectors of revenue, or chief revenue officers of districts, in the said provinces.

5. Deputy or subordinate collectors where combined with the office of joint magistrate in the said provinces.

6. Assistant collectors or assistants to collectors in the said provinces. 7. Salt agents.

8. Controller of salt chowkies.

9. Commissioners of customs, salt, and opium.

10. Opium agents'.

1 See s. 93 of Digest. This is the schedule appended to the Act of 1861 (24 & 25 Vict. c. 54), but it has now become in some respects obsolete. For instance, the expression Regulation Provinces' is only intelligible by reference to a past state of things. It means practically the presidencies of Madras and Bombay, and the lieutenant-governorships of Bengal and the North-Western Provinces.

TABLE OF COMPARISON BETWEEN STATUTORY ENACTMENTS AND DIGEST

1 S. L. R. Act Statute Law Revision Act. Acts under this name are periodically passed for the purpose of removing from the Statute Book enactments which have been virtually repealed or have otherwise ceased to be in force as law.