vice after 21 years therein. 33 & 34 Vict., Any soldier who has completed a to talperiod of 21 years' Continuance c. 67, sec. 10. service may give notice to his commanding officer of his desire in Her to continue in Her Majesty's service; and if his commanding Majesty's serofficer or any other competent military authority approve of such application he may be continued as a soldier in the same manner in all respects as if his term of service were still unexpired, except that it shall be lawful for him to claim his discharge at the expiration of any period of three months after he has given notice to his commanding officer of his wish to be discharged. Ibid, sec. 11. Ibid, sec. 12. ment in cer Any soldier whose period of army service, or of enlistment, 9. Prolongaexpires while a state of war exists between Her Majesty and tion of enlist. any foreign power, or while he is serving on foreign service, or tain cases. on any colonial or Indian station, may be detained and his service may be prolonged for such further period not exceeding twelve months as the Secretary of State or the commanding officer at the station may direct; but at the expiration of such prolonged service, or sooner, if the said Secretary of State or commanding officer see fit, such soldier shall be transferred to the reserve force or discharged, and if serving abroad he shall, unless he desires to remain at the place where he is serving, be sent home at the public charge, with all convenient speed, and after his arrival he shall be transferred to the reserve force or discharged, as the case may be. In reckoning the service of a soldier for discharge under 10. Reckonthis law such periods of time shall be excluded during which he ing time. has been absent from duty for either of these causes :— (a.) Imprisonment for any cause save detention for any Mutiny Act, After the 25th April 1875 (b) in lieu of (a) :— - 50. 3 & 34 Vict., (b.) Imprisonment under sentence of a civil court or court- (c.) Desertion. (d.) Absence without leave exceeding five days. (e.) As a prisoner of war not satisfactory to a court martial. of service. Every soldier who has completed his period of service, or of 11. Discharge 67, sec. 13. army service, shall be entitled to his discharge, or transfer to on completion the reserve force, unless he stands charged with the commission of any offence, in which case his discharge or transfer to the reserve force shall be deferred until he has undergone his trial and any punishment awarded to him. bid, sec. 15. Sid, sec. 17. have exceeded Any soldier who is serving or has served in any of Her Soldiers who Majesty's Regular Forces, and whose service (or past service) the first term has exceeded the 1st term of his enlistment, may be enrolled to of their enserve in the 1st Class of the Reserve Force established under gagement may be enrolled in the Army Reserve Act, 1867 (30 and 31 Vict., c. 110). All provisions of any Act of Parliament in force relating to the enlistment of recruits shall, in so far as they are not inconsistent with this law, be deemed to be incorporated, and to reserve. Saving of proivsions of Acts relating to eulistment. Application of apply accordingfy to any enlistments made in pursuance of this This Act shall not apply to any man serving for the 1st term 33 & 34 Vict., of his enlistment under the Army Enlistment Act, 1867, except c. 67, sec. 18. with his own consent. VIII. The Enlistment of Foreigners.' Her Majesty may (by the Secretary of State) sanction the enlistment of any person not being a natural born subject or entitled to the privileges of one, provided that the number of foreigners serving together at any one time in any one regiment, battalion, or corps shall not exceed one for every 50 natural born subjects, but no such soldier shall be capable of holding any higher rank than that of a non-commissioned officer. Description of men in each class. Description of service. Term of years. Annual training. IX. The Enrolment of Men in the Reserve. I. FROM THE ARMY. This reserve is divided into two classes :- : 30 & 31 Vict. c. 110, sec. 3. Class I. is to consist of men serving, or who have served Class II. is to consist of men whose past army service is ment. When on permanent service Class I. is to serve in the United Kingdom, or elsewhere. 1876. 30 & 31 Vict. c. 110, sec. 10 But subject to these provisions, the reserve may be formed Ibid, sec. 8. into such corps and attached to such regiments (including as to Class I. any Militia regiment for its anuual training and exercise) as Her Majesty may from time to time direct. The term of years for which the men are to be enrolled, and Ibid, sec. 5. the engagements they are to enter into, are to be prescribed by regulations made by the Secretary of State. The reserve may be trained together or otherwise in any Ibid, sec. 7, place within the United Kingdom for such time and manner, and 33 & 34 not exceeding 12 days or 20 drills in any year, as Her Majesty Vict., c. 67, may direct. 11 Vict., c. 29, sec. 2, and Army Discipline Act, 1879, sec. 91. As to the employment of foreign troops, see vol. 2, p. 431. 2 The Annual Mutiny Acts, as stated in note 2, p. 113, and see p. 74 to 80, ante. sec. 19. 30 & 31 Vict., c. 110, sec. 9. Ibid, sec. 10. 33 & 34 Vict., The reserve may be called out :— 1st. To aid the Civil Power in the preservation of the Service. 2nd. On permanent service by proclamation. (a.) In case of actual invasion or imminent danger As to men enrolled after the 9th August 1870, or those who, c. 67, s. 14. though enrolled before, consent thereto : Ibid, sec. 10. Ibid, sec. 11. Ibid, sec. 12. Mutiny Act, s. 107. (b.) In case of imminent national danger or of great After Proclamation issued :- Class I. shall become subject to general service with the After procla army. Class II. shall become liable to serve in aid of the defence Such service not being required under the proclamation and mation. The reserve volunteering their services may be kept on duty1 Volunteering pay for any period not exceeding 6 months. duty. The reserve is liable to the Mutiny Act and Articles of War Liable to the when called out: (a.) For training and exercise. (b.) To aid the local reserve. (c.) For permanent service under proclamation. (d.) When kept on duty having volunteered their services. Mutiny Act. As to men enrolled after the 26th April 1876, or to those Liability who, though enrolled before, consent thereto, they shall be at extended. all times during and in respect to their enrolment subject to the Mutiny Act to the extent and in the manner following, that is to say: For any wilful neglect or disobedience of an order or regu- 1 See Army Discipline Act, 1879, sec. 75. When to be deemed deserters Punishment desertion. at the then last registered place of abode of any man Any man who shall without reasonable cause absent him- 110, sec. 13 and Mutiny Act, s. 107. Every man who, without leave lawfully granted, or sickness 30 & 31 Vict., for absence or certified according to the regulations, does not appear at the c. time and place appointed for his training and exercise, or for permanent or voluntary service, or for his service in aid of the civil power, or who having appeared or joined the force at the place appointed deserts or absents himself before the expiration of the time of training and exercise, or before being duly discharged from such permanent or voluntary or other service as aforesaid, shall be deemed a deserter, and be liable to be tried and punished by court-martial, and be also liable to such forfeiture of pay, pension, or allowance as may be directed by the regulations. Penalty for Every man who carelessly loses, destroys, or damages any 30 & 31 Vict., damaging or arms, accoutrements, ammunition, or clothing provided for him, c. 110, sec. 14. selling or pur- or entrusted to his charge, shall be liable to make good the same. chasing accoutrements, &c. out of his pay, pension, or allowance as may be directed by the regulations, together with such penalty, not exceeding double the amount of such loss or damage, as the Secretary of State may direct. And every such man who wilfully damages or destroys, or who sells, pawns, or otherwise unlawfully disposes of any such arms, accoutrements, ammunitions, or clothing, shall be liable to such forfeiture of pay, pension, or allowance as may be directed by such regulations. Regulations by Secretary of State, Exemptions. Militiamen may be put under enlistment for army service. The Secretary of State may make regulations for the govern- Ibid, sec. 15. ment of the reserve and for fines and penalties or forfeitures for absence from, or misconduct during training and exercise, or during permanent, voluntary, or other service, or for the breach of any of the said regulations, and the deduction of such fines and penalties from any pay, allowance, or pension which may become due to the offender. The reserve when proceeding on duty are exempt from tolls Ibid, sec. 16. and entitled to travel by railway under the Railways Act, 1844, sec. 12; they are also exempt from serving parochial offices. II. FROM THE MILITIA. The Secretary of State may cause men from the Militia (with 30 & 31 Vict., the consent of their commanding officer), to be enlisted and c. 111, sec. 3. attested as soldiers before a justice of the peace for a term of five, or since 5th August 1875, of six years, and further to serve Militia Act, until discharged, if at the expiration of such term the man be upon army service. 1873. 4 & 5. Ibid, secs. 8, 9. 33 & 31 Vict., c. 67, s. 14. 30 & 31 Vict., The existing Militia engagement shall be deemed extended The Militia for the term of his army enlistment, but the man may be dis- engagement charged by the Secretary of State from his army enlistment, extended thereby. and when so discharged shall for the residue of the term (unless otherwise ordered) serve as a Militiaman. In case a state of war exists between Her Majesty and any To join the foreign power, and in all cases of actual invasion or imminent army for danger thereof; or active service on proclama As to men enlisted after the 8th August 1870, or those who tion. though enlisted before consent thereto. In case of imminent national danger, or of great emergency, the occasion being communicated to Parliament or declared by proclamation, Her Majesty may order the men enlisted to enter upon army service on such day as may be named therein, and to direct them to attend at such places and at such times as shall be duly notified in that behalf. discharged. On the day fixed in such order from thenceforth until it is To serve in c. 111, sec. 9. signified by Her Majesty that their services are no longer the army till required, the men shall be deemed to be on army service, as if enlisted for general service, but so that such army service be not required beyond six months after peace has been proclaimed. Ibid, sec. 10. ments. After Her Majesty shall have signified that their services Then to reare no longer required, the men shall return and serve, for the join their remainder (if any) of their respective terms of enlistment, to Militia regiand in the Militia regiments to which they respectively belonged when they enlisted under this Act, and such men shall hold such rank and be entitled to such pay and allowance as they held and possessed when they entered upon army service under Her Majesty's order: and if, by reason of their places being supplied, there is no opportunity for their resuming their former position consistently with the original organization of any Militia regiment to which they belonged, they shall be supernumeraries thereof, with such rank, pay, and allowances as aforesaid, until they can occupy their former position. X. Marriages.1 Geo. 4, c. 91. It being expedient to relieve the minds of all Her Majesty's subjects from any possibility of doubt concerning the validity of marriages solemnized within the lines by any chaplain or officer, or other person officiating under the orders of the commanding officer, a British army serving abroad, the 4 Geo. IV., c. 91, declares all such marriages to be as valid in law as if the same had been solemnized within Her Majesty's dominions with a due observance of all forms required by law. 1 It was decided in the Waldegrave Peerage case (4 Cla. v. Fin., 655) that it was not necessary to the validity of the marriage that the army should be serving in a country in a state of actual hostility, or that the previous sanction and authority of the commanding officer shouid have been given. |