V. Her Majesty's Superior Courts of Common Law at Westminster and in Dublin respectively, the Court of Session in Scotland, and any Supreme Court in any of Her Majesty's Colonies or Possessions abroad, and any Judge of any such Court, and every Judge in any such Colony or Possession who, by any order of Her Majesty in Council, may be appointed for this purpose, shall respectively be Courts and Judges having authority under this Act.

VI. It shall be lawful for the Lord Chancellor of Great Britain, with the assistance of 2 of the Judges of the Courts of Common Law at Westminster, so far as relates to England, and for the Lord Chancellor of Ireland, with the assistance of 2 of the Judges of the Courts of Common Law at Dublin, so far as relates to Ireland, and for 2 of the Judges of the Court of Session, so far as relates to Scotland, and for the Chief or only Judge of the Supreme Court in any of Her Majesty's Colonies or Possessions abroad, so far as relates to such Colony or Possession, to frame such rules and orders as shall be necessary or proper for giving effect to the provisions of this Act, and regulating the procedure under the same.

ACT of the British Parliament,“ to amend the Medical Act (1858)," so far as relates to the Employment of Foreign Doctors in Medicine as Resident Physicians of Hospitals for Foreigners.

[22 Vict., cap. 21.]

[April 19, 1859.]

VI. NOTHING in the said Act contained shall prevent any person not a British subject, who shall have obtained from any Foreign University a degree or diploma of Doctor in Medicine, and who shall have passed the regular examinations entitling him to practise medicine in his own country, from being and acting as the resident physician or medical officer of any hospital established exclusively for the relief of Foreigners in sickness: Provided always, that such person is engaged in no medical practice except as such resident physician or medical officer.

ACT of the British Parliament, "to amend the Laws concerning Superannuations and other Allowances to Persons having held Ciril Offices in the Public Service.”*

[22 Vict., cap. 26.]

[April 19, 1859.] WHEREAS an Act was passed in the session holden in the 4th and 5th years of King William IV., chapter 24, " to alter, amend, and consolidate the laws for regulating the pensions, compensa

* See Vol. 10, page 861.

tions, and allowances to be made to persons in respect of their having held civil offices in His Majesty's Service: "* And whereas by an Act of the session holden in the 20th and 21st years of Her Majesty, chapter 37, section 27 of the first-recited Act, by which an abatement was directed to be made from the salaries of civil servants entitled to superannuation allowance was repealed: And whereas it is desirable further to amend the said Act as hereinafter mentioned: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. Sections 10, 11, 13, 14, 15, 17, 19, and 24 of the said Act of the 4th and 5th years of King William IV, are hereby repealed, but such repeal shall not affect any pension, compensation, or superannuation allowance granted or act done before the passing of this Act.

II. Subject to the exceptions and provisions hereinafter contained, the superannuation allowance to be granted after the commencement of this Act to persons who shall have served in an established capacity in the permanent Civil Service of the State, whether their remuneration be computed by day pay, weekly wages, or annual salary, and for whom provision shall not otherwise have been made by Act of Parliament, or who may not be specially excepted by the authority of Parliament, shall be as follows; that is to say:

To any person who shall have served 10 years and upwards, and under 11 years, an annual allowance of 10-60ths of the annual salary and emoluments of his office :

For 11 years, and under 12 years, an annual allowance of 11-60ths of such salary and emoluments:

And in like manner a further addition to the annual allowance of 1-60th in respect of each additional year of such service, until the completion of a period of service of 40 years, when the annual allowance of 40-60ths may be granted; and no addition shall be made in respect of any service beyond 40 years t

Provided always, that if any question should arise in any department of the public service as to the claim of any person or class of persons for superannuation under this clause, it shall be referred to the Commissioners of the Treasury, whose decision shall be final.

III. Nothing herein contained shall interfere with the grant, to the officers and clerks who entered the public service prior to the 5th day of August, 1829, of such superannuation allowances as might hereafter have been granted to them under Section 9 of the * See Vol. 10, page 209.

† Scale extended to Employés of County Boards of Prisons (Scotland) by Act 23 and 24 Vict., cap. 105.

said Act of the 4th and 5th years of King William IV., or shall prevent, restrict, or diminish any other superannuation allowance, pension, gratuity, or compensation, which, if this Act had not been passed, might hereafter have been granted to any person who shall have entered the public service before the passing of this Act, but, except as aforesaid, the provisions hereinafter contained shall apply as well to persons who have already entered the public service, whether before or after the said 5th day of August, 1829, as to those who may hereafter enter the public service.

IV. It shall be lawful for the Commissioners of the Treasury from time to time, by an Order or Warrant, to declare that for the due and efficient discharge of the duties of any office or class of offices to be specified in such Order or Warrant, professional or other peculiar qualifications, not ordinarily to be acquired in the public service, are required, and that it is for the interest of the public that persons should be appointed thereto at an age exceeding that at which public service ordinarily begins; and by the same or any other Order or Warrant to direct that when any person now holding, or who may hereafter be appointed to such office, or any of such class of offices, shall retire from the public service, a number of years not exceeding 20, to be specified in the said Order or Warrant, shall, in computing the amount of superannuation allowance which may be granted to him under the foregoing section of this Act, be added to the number of years during which he may have actually served, and also to direct that in respect of such office or class of offices the period of service required to entitle the holders to superannuation may be a period less than 10 years, to be specified in the Order or Warrant; and also to direct that, in respect of such office or class of offices, the holder may be entitled to superannuation, though he may not hold his appointment directly from the Crown, and may not have entered the service with a certificate from the Civil Service Commissioners Provided always, that every Order or Warrant made under this enactment shall be laid before Parliament.

V. It shall be lawful for the Commissioners of the Treasury to grant to any person who, being the holder of an office in respect of which a superannuation allowance may be granted, but not having completed the period which would have entitled him to a superannuation allowance, is compelled to quit the public service by reason of severe bodily injury, occasioned, without his own default, in the discharge of his public duty, a gratuity not exceeding 3 months' pay for every 2 years of service, or a superannuation allowance not exceeding 10-60ths of the annual salary and emoluments of his office.

VI. It shall be lawful for the Commissioners of the Treasury to grant to any person who, being the holder of an office in respect of which a superannuation allowance may be granted, is constrained infirmity of mind or body, to leave the public

service before the completion of the period which would entitle him to a superannuation allowance, such sum of money by way of gratuity as the said Commissioners may think proper, but so as that no such gratuity shall exceed the amount of one month's pay for each year of service.

VII. It shall be lawful for the Commissioners of the Treasury to grant to any person retiring or removed from the public service in consequence of the abolition of his office, or for the purpose of facilitating improvements in the organization of the department to which he belongs, by which greater efficiency and economy can be effected, such special annual allowance by way of compensation as on a full consideration of the circumstances of the case may seem to the said Commissioners to be a reasonable and just compensation for the loss of office; and if the compensation shall exceed the amount to which such person would have been entitled under the scale of superannuation provided by this Act, if 10 years were added to the number of years which he may have actually served, such allowance shall be granted by Special Minute, stating the special grounds for granting such allowance, which Minute shall be laid before Parliament, and no such shall exceed 2-3rds of the salary and emoluments of the office.

VIII. It shall not be lawful for the Commissioners of the Treasury to grant the full amount of superannuation allowance which can be granted under this Act to any person not being the head officer or one of the head officers of a department, unless upon production of a certificate (signed by the head officer of the department, or by 2 head officers, if there be more than 1), that he has served with diligence and fidelity to the satisfaction of such head officer or officers; and in every case in which any superannuation allowance is granted, after the refusal of such certificate, the Minute granting it shall state such refusal, and the grounds on which the allowance is granted.

IX. Provided, that it shall be lawful for the Commissioners of the Treasury to grant to any person any superannuation compensation, gratuity, or other allowance of greater amount than the amount which might be awarded to him under the foregoing provisions, when special services rendered by such person, and requiring special reward, shall appear to them to justify such increase, but so that such allowance shall in no case exceed the salary and emoluments enjoyed by the grantee at the time of retirement, and the grounds of every such increase shall be stated in a Minute of the Treasury, which shall be laid before Parliament; and it shall be lawful for the said Commissioners to grant to any person any such allowance of less amount than otherwise would have been awarded to him where his defaults or demerit in relation to the public service appear to them to justify such diminution.

X. It shall not be lawful to grant any superannuation allow

VOL. XI.

Q

ance under the provisions of this Act to any person who shall be under 60 years, unless upon medical certificate to the satisfaction of the Commissioners of the Treasury that he is incapable, from infirmity of mind or body, to discharge the duties of his situation, and that such infirmity is likely to be permanent.

XI. Every person to whom a superannuation or compensation allowance shall have been granted before he shall have attained the age of 60 years shall, until he has attained that age, be liable to be called upon to fill in any part of Her Majesty's dominions in which he shall before have served, any public office or situation under the Crown for which his previous public services may render him eligible; and if he shall decline, when called upon to do so, to take upon him such office or situation, or shall decline or neglect to execute the duties thereof satisfactorily, being in a competent state of health, he shall forfeit his right to the compensation or superannuation allowance which had been granted to him.

XII. And whereas it will be for the advantage of the public service that officers holding employments entitling them to superannuation allowances under this or other Acts shall be eligible for other public employments at home and abroad, without forfeiting their claims to such allowances :

Every officer already or hereafter to be transferred from employment entitling him to superannuation allowance to public employment under the Crown not so entitling him shall be entitled, on his ultimate retirement from the public service, to the same allowance as if he had continued to hold the vacated appointment and at the same rate of salary as when the same was vacated, subject nevertheless to the conditions which would in that case have been applicable with respect to the grant of such allowance; provided that it shall be lawful for the Commissioners of the Treasury, in the case of officers transferred to Governorships and LieutenantGovernorships of Colonies, and other high offices Abroad, confirmed for a limited period, to grant such superannuation allowance to such officers on the expiration of such term of service without a renewal of public employment; but any officer to whom such grant is made while under the age of 60 years shall be subject to the same liability to be called upon to fill office under the Crown, as herein provided concerning other persons under that age to whom like allowances are granted.

XIII. All Orders, Warrants, and Minutes by this Act directed to be laid before Parliament shall be laid before both Houses of Parliament within 14 days after the making thereof if Parliament. be sitting, and if Parliament be not sitting, then within 14 days after the next meeting thereof.

XIV. No pension shall be granted under the provisions of section 6 of the Act of the 57th year of King George 111, chapter 65,* to any person who shall not have had a seat in one

* See State Papers, Vol. 4, Page 270.