HC Deb 13 June 1879 vol 246 c1807
GENERAL SHUTE

asked the Secretary of State for War, If, in the event of a purchase officer being cashiered or dismissed from the service by sentence of court I martial, Her Majesty has the power to direct that he be paid by the Army Purchase Commissioners the same amount to which he would be entitled on retirement of his own free will?

COLONEL STANLEY

Sir, to be strictly accurate, the award of the Army Purchase Commissioners would be made under the Act of 1871, and not under the direction of Her Majesty. If a purchase officer is dismissed the Service, or cashiered under sentence of court martial, the court has power to order that he shall forfeit all pecuniary interest in the value of his commission; but if, by the grace of Her Majesty, he is gazetted out of the Army, he may be permitted to receive the value of his commission if the Commissioners award him such value. In the only case which has occurred they have done so. I may add that this applies to the regulation value only, but as to over-regulation value, I am informed that no case has arisen; but it would be for the decision of the Commissioners, and they would probably take into consideration the terms of The Gazette.