Geo. III., of serving His Majesty in any station, office, or capacity, civil The machinery of the Act will be gathered from the several The Court of King's Bench, on motion, may award a writ 35, sec. 2. of mandamus to any court of judicature, or the governor, &c., of the country where the offence was committed, to obtain proofs of the matters charged in the indictment; which shall be obtained by vivá voce evidence, and the same shall be transmitted to the Court of King's Bench, and admitted on the trial, &c. Ed, sec. 3. Ed, sec. 4. Ed, sec. 5. Ed, sec. 6. Court of King's Bench may order an examination de bene esse, in cases where viva voce evidence cannot be had. Persons to whom such writs of mandamus shall be directed, shall do all things necessary for the due execution thereof by compelling the appearance and giving evidence of witnesses, &c. Persons giving false evidence shall be subject to the pains inflicted for perjury. 21 James I., sessions of the sons to safe It appeared expedient to extend the provisions of the 21st Provisions of James I. to all persons who may by law commit to safe custody c. 12, extended either in or out of the kingdom; and therefore section 6 enacts to persons all that the said recited Act and all the provisions therein con- having public tained shall extend, and be deemed, taken, and construed to employment in this kingextend, to all persons having, holding, or exercising, or being dom or in the employed in, or who may hereafter have, hold, or exercise, or colonies and be employed in any public employment, or any office, station, foreign posor capacity, either civil or military, either in or out of this Crown who by kingdom, and who under and by virtue or in pursuance of any law are emAct or Acts of Parliament, law or laws, or lawful authority powered to commit perwithin this kingdom, or any Act or Acts, statute or statutes, ordinance or ordinances, or law or laws, or lawful authority in custody. any plantation, island, colony, or foreign possession of His Majesty, now have or may hereafter have by virtue of any such public employment, or such office, station, or capacity, power or authority to commit persons to safe custody; and all such persons, having such power or authority as aforesaid, shall have and be entitled to all the privileges, benefits, and advantages given by the provisions of the said Act as fully and effectually, to all intents and purposes, as if they had been specially named therein: Provided always, that where any action, bill, plaint, Where any or suit upon the case, trespass, battery, or false imprisonment, action shall be brought for shall be brought against any such person as is in this Act any thing described as aforesaid, in this kingdom, for or upon any act, done out of matter, or thing done out of this kingdom, it shall be lawful for this kingdom, it may be the plaintiff bringing the same to lay such act, matter, or thing, in to have been done in Westminster, or in any county where the Westminster, person against whom any such action, bill, plaint, or suit, shall or in any be brought shall then reside, any thing in this Act to the county where contrary thereof notwithstanding. the defendant shall reside. Warrant to offences committed abroad. The first of Jervis's Acts (11 & 12 Vict., c. 42) gives power of arrest for offences committed abroad, in these words:In all cases of crimes or offences committed on land beyond apprehend for the seas, for which an indictment may legally be preferred in any place within England or Wales, it shall be lawful for any one or more of Her Majesty's justices of the peace for any county, riding, division, liberty, city, borough, or place within England or Wales in which any person charged with having committed or with being suspected to have committed any such crime or offence shall reside or be, or shall be supposed or suspected to reside or be, to issue his or their warrant (E.) to apprehend the person so charged, and to cause him to be brought before him or them, or some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer to the said charges, and to be further dealt with according to law. Murder or abroad. The Act to consolidate and amend the statute law relating 24 & 25 Vi to offences against the person (which received the royal assent c. 100, sec. on the 6th August 1861) contains these further provisions1:— Where any murder or manslaughter shall be committed on manslaughter land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in any county or place in England or Ireland in which such person shall be apprehended or be in custody, in the same manner in all respects as if such offence had been actually committed in that county or place: Provided, that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of England or Ireland, in the same manner as such person might have been tried before the passing of this Act. (dd.) As to the Militia Force.2 The Militia (Voluntary Enlistment) Act, 1875, is printed (with notes) as a separate publication. It may, however, be convenient that such sections as impose any constitutional duty 1 The proceedings against Colonel Nelson, for the Jamaica court-martial on Mr. Gordon were taken under this statute. Vol. II., p. 495. 2 History of, Vol. I., pp. 31-51 and 280–344. & 39 Vict., upon the Secretary of State should be here printed with the forms used. As to the number and quota of the Militia.1 It shall be lawful for Her Majesty, with the advice of Her Quotas. 59, sec. 19. Privy Council, from time to time to appoint the quotas of militiamen to serve for the several counties of the United Kingdom. Notice of the quota from time to time appointed for any county shall be transmitted to the Lieutenant of such county 1 In May 1874, the Law Officers wrote thus upon the Act :— 1. We are of opinion that the provisions of the Statutes 15 & 16 Vict., c. 50, 17 & 18 Vict., c. 106, 17 & 18 Vict., c. 107, and 23 & 24 Vict., c. 94, enabling Her Majesty or the Lord Lieutenant of Ireland, as the case may be, by an Order in Council, to fix the quotas for each county, riding, and place are not repealed. The ballot quota (to use the expression contained in the question) seems to be distinctly recognized in the 34 & 35 Vict., c. 86, s. 6. 2. We think that the strictly proper course would be for Her Majesty or the Lord Lieutenant, by Order in Council, to fix the number of Militiamen to be raised in each county, &c., according to population. There seems, however, to be no provision in any of the Statutes to prevent the Crown when fixing the quotas from taking into consideration the recruiting proclivities of the different districts. 3. The Acts above referred to providing for and constituting a Militia force, merely provide that a certain number of men, not exceeding a stated number, shall be raised in England, Ireland, and Scotland; but the 34 & 35 Vict., c. 86, s. 7, provides that the Militia shall consist of such number of men as may from time to time be provided by Parliament. Taking into consideration the provisions of this latter Act, we are of opinion that Parliament may vote that a greater or less number of Militiamen shall be raised in England, Ireland, and Scotland respectively than the number specified in the older Acts before referred to. Whatever number of men, however, Parliament may require, we think the quotas of each county, &c., must be fixed by Order in Council of Her Majesty or the Lord Lieutenant. The view we take, expressed in other words, is that Parliament may direct that any given number of Militiamen may be raised, and that when this is done the Crown must prescribe the proportion of such total number which shall be obtained from each county, &c. If Parliament provides for a given number of men for the United Kingdom without specifying the number for England, Ireland, and Scotland respectively, we think that the Crown in fixing the quotas must assume that the existing proportions for the three countries will have to be maintained, i.e., for England, 8/12, Ireland, 3/12, and Scotland, 1/12. 2 This Form of Order for a new quota was drawn and submitted to the Law Officers in 1876 : the At a Court at day of Present, the Queen's Most Excellent Majesty in Council. 1876. Whereas by the Militia (Voluntary Enlistment). Act 1875, it was, amongst other things, enacted that the Militia should, during the suspension of the ballot, be raised and kept up according to the provisions of that Act; and that such number of private Militiamen should be so raised and kept up as might for the time being be provided by Parliament; And further, that it should be left for Her Majesty, with the advice of Her Privy Council from time to time to appoint quotas of Militiamen to serve for the several counties in the United Kingdom; And whereas Her Majesty is pleased, with the advice of Her Privy Council, to approve the quotas of Militiamen to serve for the several counties of the United Kingdom in the manner hereafter mentioned; Now, therefore, Her Majesty, with the advice of Her Privy Council, is pleased to appoint that the number of Militiamen who shall hereafter serve, shall not exceed Her Majesty may, by Order in Council, extend or reduce period of training, or and published in the London, Edinburgh, or Dublin Gazette, as Such quota shall be the quota of such county until another Until another quota is appointed under this Act for any county the quota now appointed for such county shall continue.1 As to extending or reducing the period of Militia Training. Her Majesty may, from time to time, with the advice of 38 & 39 Vict Her Privy Council, order that the period of training and the number provided by Parliament, but that subject thereto and until other quotas suspend train- shall in like manner be fixed, they shall serve for the several counties of the United ing in any Kingdom in such numbers as are specified or can be ascertained by the rules laid down in the Schedule hereto annexed, and which Schedule Her Majesty is pleased to direct shall be taken as part of this order. year. c. 69, sec. 41 This form was approved by the Law Officers in June, with these observations We do not understand how any question arises as to the county quota being course. Those ages become material with reference to the number of persons liable to serve upon compulsory ballot, but we do not understand what relation the numbers of persons between those ages in each county can have to voluntary enlistment. Inasmuch as we are of opinion that the Order in Council applies to voluntary enlistment, and that in our judgment the county quota may not be the same for ballot as for voluntary enlistment, that Order in Council may properly be approved. It follows that we are unable to say that any question of law affects the consideration whether the county quota should be reckoned on the total number of males in a county, or of such as are therein between the ages of 18 and 30 years. 1 The Order in Council of 30th June 1852 has not been revoked nor any order issued under this section. K., p. 55. exercise in any year of all or any part of the Militia be extended,1 but so that the whole period of training and exercise be not more than fifty-six days; or order that the period of training and exercise in any year of all or any part of the Militia be reduced to such time as to Her Majesty, with the advice aforesaid, may seem fit; or order that in any year the calling out of The Order for extending is in these words: At the Court at Windsor, the 16th day of May 1878.-Present,-The Queen's Most Excellent Majesty in Council. Whereas by an Act passed in the thirty-eighth and thirty-ninth years of our reign, intituled "The Militia (Voluntary Enlistment) Act, one thousand eight hundred and seventy-five," it is amongst other things enacted that, save as therein otherwise provided, the Militia shall be trained and exercised for not less than twenty-one days, and not more than twenty-eight days, in every year, at such times, and at such places, in any part of the United Kingdom as Her Majesty may appoint; and also that Her Majesty may from time to time, with the advice of Her Privy Council, order that the period of training and exercise in any year, of all, or any part of the Militia, be extended; but so that the whole period of training and exercise be not more than fifty-six days; And whereas it is expedient that the training of the Royal Anglesey Engineer Militia, Royal Monmouthshire Engineer Militia, and Forfar and Kincardine Artillery Militia, should be extended beyond the period of twenty-eight days, for the year one thousand eight hundred and seventy-eight; Now, therefore, Her Majesty, with the advice of Her Privy Council, is pleased to order and direct that the period of training and exercise of the Royal Anglesey Engineer Militia, Royal Monmouthshire Engineer Militia, and Forfar and Kincardine Artillery Militia, shall, for the year one thousand eight hundred and seventyeight, be extended under the provisions of the said recited Act, from twenty-eight days to the days hereinafter mentioned, that is to say : Royal Anglesey Engineer Militia, forty-one (41) days. Royal Monmouthshire Engineer Militia, forty-eight (48) days. Forfar and Kincardine Artillery Militia, thirty-four (34) days, respectively. At the Court at Windsor, the 22nd day of March 1879.-Present,-The Queen's Most Excellent Majesty in Council. Whereas by an Act passed in the thirty-eighth and thirty-ninth years of our reign, intituled, "The Militia (Voluntary Enlistment) Act, 1875," it is, amongst other things, enacted, that save, as therein otherwise provided, the Militia shall be trained and exercised for not less than twenty-one days, and not more than twentyeight days, in every year, at such times and at such places in any part of the United Kingdom as Her Majesty may appoint; and also that Her Majesty may from time to time, with the advice of Her Privy Council, order that the period of training and exercise in any year of all or any part of the Militia be reduced to such time as to Her Majesty, with the advice aforesaid, may seem fit; And whereas it is expedient that the training of the several regiments of Militia of the United Kingdom should be reduced to the period of twenty days for the year one thousand eight hundred and seventy-nine; Now therefore, Her Majesty, with the advice of Her Privy Council, is pleased to order and direct that the period of training and exercise of the several Regiments of Militia of the United Kingdom shall, for the year one thousand eight hundred and seventy-nine, be reduced, under the provisions of the said recited Act, from twenty-eight days to twenty days. |