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indirectly, the consent or consents, or voice or voices of any
person or persons to any such nomination, appointment or
deputation, or resignation aforesaid; then and in every such
case every such person, and also every person who shall wilfully
and knowingly aid, abet, or assist such person therein, shall be
deemed and adjudged guilty of a misdemeanor.

In 1875 it appeared expedient to amend the law relating to 38 Vict., c. 16.
exchanges by officers from one to another regiment or corps in
Her Majesty's regular forces, and "The Regimental Exchange
Act, 1875," empowered Her Majesty by regulation to authorise
such exchanges on such conditions as may from time to time
seem expedient, and declared that nothing in the preceding
icts should extend to any exchanges authorised by such
regulations.

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.
first, second, or prolonged term of service on a foreign station,
can at his option—

Be sent home (as in the case of soldiers invalided), and be
finally discharged in England; or

Remain with the consent of the Colonial Governor in the
colony, and be finally discharged there; forfeiting
thereby his claim to be conveyed to England at the
public charge.

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-
martial.

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
future enlistments or re-enlistments in 1867). The Annual Mutiny Acts must be
referred to, as these from time to time made minor amendments to the permanent
Act.

3 The Army Enlistment Act, 1867, and the Mutiny Acts, as in note 2.
4 The 18 years' of age test was abandoned by this Act.

two-thirds first term.

3. Completion 21

under the prior law, or under this law), may at any time, if
approved, be re-engaged for such a period as shall complete 21
years of service.

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
notice has expired.

If the period of enlistment or of total service expires while Ibid, sec. 4.
the soldier is serving upon any foreign, colonial, or Indian
station, he may be detained, and his service prolonged as the
commanding officer at the station shall direct, for a period not
exceeding 12 months.

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.
the consent of the commanding officer, the Governor
permits him to remain and be discharged there,
forfeiting thereby his right to be conveyed at the
public charge to his home in Great Britain or else-
where.1

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-
martial, or detention for trial for an offence of which

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
stands charged with the commission of any offence the dis-
charge is to be deferred until he has undergone his trial by
court-martial and punishment (if any).

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
with all convenient speed.

Should no selection be made, then the person is to be attested
for general service, and within 12 months after his attestation
he may be attached to any regiment most convenient for Her
Majesty's service, and afterwards he shall not be transferred
to any other regiment except under the provisions of the Mutiny
Act for the time being in force.

& 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-
ment to serve as a soldier for a longer period than twelve
to be reckoned from the day of attestation.
Enlistments shall be as follows: either

(1.) For the whole period, in army service; or
(2.) For a portion (to be fixed from time to time by the
Secretary of State and specified in the attestation
paper), and for the residue in the first class reserve
under the Reserve Force Act, 1867; but this snall not
interfere with the power of Her Majesty to enlist
men for a less period than twelve years in army
service alone.

Twelve years the limit of enlistment.

Terms of enlistment.

The Secretary of State may from time to time by general Change of
or special regulations vary the conditions of service so as to service.
permit a soldier who has served not less than three years in
army service, with such soldier's free assent, either

(1.) To enter the reserve at once for the residue unex-
pired of his term of twelve years; or

(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
great emergency (the occasion being first communicated to national
Parliament if Parliament be then sitting, or declared by Pro- danger Her
clamation, in pursuance of an Order of Her Majesty in Council, continue
if Parliament be not then sitting), may direct that any soldier soldiers in
enlisted under this law shall at any time within the period of army service.
12 years for which he has been enlisted continue in or re-enter
upon army service for such periods from time to time, not
exceeding in the whole the unexpired residue of the term of his
enlistment, as Her Majesty may determine; and upon such
order being issued every soldier to whom it applies shall be
bound to obey the same. When any such soldier is so directed
to re-enter upon army service, the military authorities may
attach him to any regiment of that arm or branch of the service
in which he has previously served.

1 The Army Enlistment Act, 1870 (33 & 34 Vict. c. 67), and Mutiny Acts.
2 From this date the Army Discipline Act, 1879, came into operation.

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;
(2.) When, in the case of his regiment or corps being
ordered on foreign service, he is either unfit for
foreign service by reason of his health, or is within
two years of the termination of the period of his
army service, or of his enlistment, or of such re-
engagement as is hereinafter mentioned;

and to a regiment or corps of the same arm or branch of the
service serving abroad;

(3.) When, in the case of his regiment or corps being on
foreign service, and ordered to return home, he has

more than two years to serve previous to the ter-
mination of the period of his army service;

this power of transfer shall not apply to any man

(4.) Who enlists for the whole of the period in army
service;

(5.) Or who, having enlisted for a portion of the said
period in army service, has extended his army
service for the term of 12 years;

(6.) Or to any man who has re-engaged.
Any soldier, who being in army service has-

(1.) Commenced the 12th year, or

(2.) Being within 3 years of the expiration of his 1st
enlistment has been ordered, but has not yet
proceeded on foreign service,

may, with the approval of his commanding officer or of some
other competent military authority, and subject to such regula-
lations as may from time to time be made by the Secretary of
State, be re-engaged for such further period of army service as
will make up a total continuous period of 21 years in Her
Majesty's service, reckoning from the time of his first enlistment.

1 These words are used in the Act in a sense contrary to that in which they are
generally understood by the Army.

Ibid, sec. 8.

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