indirectly, the consent or consents, or voice or voices of any In 1875 it appeared expedient to amend the law relating to 38 Vict., c. 16. Persons open ing or advertising houses for transact ing business VI. Illegal Agency. As transactions which the law prohibits are stimulated or facilitated by unauthorised agents the statute law declares these offences: If any person shall open or keep any house, room, office, or 49 Geo. 3, place for the soliciting, transacting, or negotiating in any manner c. 126, sec. 5. whatever any business relating to vacancies in, or the sale or purchase of, or appointment, nomination, or deputation to, or relating to the resignation, transfer, or exchange of any offices, commissions, places, or employments whatever in or under any public departmisdemeanor. ment, then and in every such case every such person, and also every person who shall wilfully and knowingly aid, abet, or assist therein, shall be deemed and adjudged guilty of a misdemeanor. sale of offices, guilty of a names of brokers or agents. Penalty on If any person shall advertise or publish or cause or procure Ibid, sec. 6. persons adver- to be advertised, or in any manner published any house, room, Lising such houses, or the office, or place to have been or to be opened, set up, or kept for any of the purposes aforesaid, or advertise or publish or cause or procure to be advertised or published the name or names of any person or persons as broker or brokers, agent or agents, solicitor or solicitors for any of the purposes aforesaid, or print or cause or procure or permit or suffer to be printed or advertised any advertisement or advertisements, proposal or proposals, for any of the purposes aforesaid, then and in such case such person shall forfeit for every such offence the sum of 50l., to be sued for, levied, or recovered in any of his Majesty's courts of record at Westminster as to all offences committed in England, or at Dublin as to offences committed in Ireland, or in his Majesty's courts in Scotland as to offences committed in Scotland respectively; and the whole of every such penalty shall go to the person who shall sue for the same with full costs of suit. These enactments did not supersede nor were they superseded by the 78th section of the Mutiny Act which is re-enacted in section 148 of the Army Discipline Act, 1879. '1 Reg. v. Armstrong and others (in 1859) was an indictment under this Act. 10 & 11 Vict., VII. The Enlistment and Re-engagement of Soldiers.1 The Statute Law is in substance as follows:-. I. FROM THE 21ST JUNE 1847 TO THE 20TH OF JUNE 1867.2 No person could be enlisted for a longer term than 10 years First term, 10 =.37, ss. 1,3, 4. in the infantry, or 12 years in the cavalry and ordnance corps or 12, second from the day of his attestation or his subsequent attainment of term, 11 or 12 years' service. 18 years of age; but during the last three years if ordered on foreign service or otherwise during the last six months of his first term, or after its completion, he might, if approved, re-engage to serve for a further term of 11 years in the infantry, and 12 years in the cavalry and ordnance corps. bid, sec. 5. bid, sec. 5. bid, sec. 6. Bid, sec. 8. term on foreign station. If either term of service expires while the soldier is upon a Prolonged foreign station, the term may be prolonged for a period not exceeding two years. At the expiration of his second term the soldier, if approved, Third term. has the option of continuing as a soldier until he gives three calendar months' notice of his wish to be discharged. A soldier entitled to his discharge at the expiration of the Discharge. Be sent home (as in the case of soldiers invalided), and be Remain with the consent of the Colonial Governor in the In reckoning his time under enlistment or re-engagement, Reckoning these periods of absence from duty are to be excluded :— (a.) Of imprisonment under sentence of court-martial, or civil court. (b.) Of confinement for debt. (c.) Of desertion. (d.) Of imprisonment in war not satisfactory to a court- time. 0 & 31 Vict., 34, sec. 1. II. FROM THE 21ST JUNE 1867 TO THE 9TH AUGUST 1870.3 id, sec. 2. 12 years. No person could be enlisted for the first term of his engage- 1. First term ment to serve as a soldier for a longer period than 12 years from the day of his attestation.* Any soldier having completed at least two-thirds of the 2. Re-engageterm of his enlistment (whether such enlistment had been made ments after 1 The History of Recruiting and Army Enlistment, vol. 2, pp. 1–61. 2 The Army Service Act, 1847, and 12 & 13 Vict. c. 23 (which were repealed as to 3 The Army Enlistment Act, 1867, and the Mutiny Acts, as in note 2. two-thirds first term. 3. Completion 21 under the prior law, or under this law), may at any time, if After the completion of 21 years' service, the soldier may 30 & 31 Vict., of 2 years notify his desire to continue in the service, and may, if approved, c. 34, sec. 3. continue a soldier until he has given to his commanding officer service. 4. Prolonged service on foreign stations. 5 Discharge. 6. Reckoning time. 7. Liable to three months' notice of his wish to be discharged, and such If the period of enlistment or of total service expires while Ibid, sec. 4. At the expiration of such prolonged service or sooner, if the commanding officer sees fit, the soldier, at his option, may either (1.) Be sent home at the public charge (as in the case of Ibid, sec. 4. soldiers invalided) with all convenient speed, and be finally discharged after his arrival; or, (2.) Remain in Her Majesty's colony or possession if, with Ibid, sec. 5. sec. 50. In reckoning the service of a soldier for discharge under Sec. 6 and this law, such periods of time shall be excluded during which Mutiny Act, he has been absent from duty during either of these causes :(a.) Imprisonment for any cause save detention for any trial which results in his acquittal or discharge. After the 25th April 1875 (b) in lieu of (a):— (b.) Imprisonment under sentence of a civil court or court- he is afterwards convicted. (c.) Desertion. (d.) Absence without leave exceeding five days. (e.) As a prisoner of war not satisfactory to a court-martial. Every soldier, until he receives his discharge, remains sub- 30 & 31 Vict. Mutiny Act ject to the Mutiny Act and Articles of War. Having completed c. 34, sec. 7. till dis charged. 8. Enlistment his period of service he is entitled to his discharge, but if he Every person may be enlisted for some particular arm or Ibid, sec. 10. for particular branch of the service. If for cavalry or infantry he may select or general service. 1 In 1803, when the men were discharged at a distance from their homes, the law permitted them, and would still do so if the same circumstances should prevail (43 Geo. 3, c. 61), to obtain from the local civil authorities a certificate stating the facts, which freed them from the penalties under the "Vagrant Acts" for begging on their journey home. & 31 Vict., c. 10. his regiment, and be attested for and be sent to the regiment Should no selection be made, then the person is to be attested & 34 Vict., III. AFTER THE 8TH AUGUST 1870 (AND AS TO SOLDIERS PRE 67. id, sec. 2. id, sec. 3. id, sec. 4. d, sec. 5. ENLISTED OR RE-ENGAGED AND CONSENTING TO SERVE UNDER THIS LAW)1 TO 24TH JULY 1879.2 years, No person shall be enlisted for the first term of his engage- (1.) For the whole period, in army service; or Twelve years the limit of enlistment. Terms of enlistment. The Secretary of State may from time to time by general Change of (1.) To enter the reserve at once for the residue unex- (2.) To extend his army service for the residue unexpired of his term of twelve years. Majesty may Her Majesty, in case of imminent national danger, or of In imminent 1 The Army Enlistment Act, 1870 (33 & 34 Vict. c. 67), and Mutiny Acts. Enlistment for general service, &c. Effect of All enlistments, except as hereinafter mentioned, shall be 33 & 34 Vict., for general service; and the military authorities may post1 any c. 67, sec. 6. recruit so enlisted to any regiment or corps, and at any time within fifteen months after his attestation direct him to be attached to any regiment or corps; but the Secretary of State may, from time to time, by any general or special regulations, permit recruits to be enlisted for particular regiments, and in such case they shall at once be attached to such regiments. On the 25th April 1872 the words "or corps" were added Mutiny Act, after the words "particular regiments," and the word "corps " s. 103. "s. was declared as to future enlistments to include a brigade constituted of two or more regiments associated by general order or royal warrant for the purposes of enlistment or service. When a soldier has been attached to a regiment or corps he 33 & 34 Vict., attachment to shall serve therein for the period of his army service; but the c. 67, sec. 7. a regiment. military authorities may transfer him to any regiment or corps Re-engagement of soldlers. of the same arm or branch of the service serving in the United Kingdon: (1.) When he has been invalided from foreign service; and to a regiment or corps of the same arm or branch of the (3.) When, in the case of his regiment or corps being on more than two years to serve previous to the ter- this power of transfer shall not apply to any man (4.) Who enlists for the whole of the period in army (5.) Or who, having enlisted for a portion of the said (6.) Or to any man who has re-engaged. (1.) Commenced the 12th year, or (2.) Being within 3 years of the expiration of his 1st may, with the approval of his commanding officer or of some 1 These words are used in the Act in a sense contrary to that in which they are Ibid, sec. 8. |