Army Discipline Act, 1879, sec. 75.

30 & 31 Vict.,

This power of volunteering is further extended by the
Army Discipline Act, 1879, thus:-

A Secretary of State may from time to time, by general or
special regulations, vary the conditions of service so as to permit
a man in the reserve, with his assent, to re-enter upon army
service for all or any part of the residue unexpired of the term
of his original enlistment, or for any period of time not
exceeding twelve years in the whole from the date of his
original enlistment.

Subject to the provisions of this Act, it shall be lawful for Regulations c. 110, sec. 15. the Secretary of State to make regulations in relation to the to be made by execution of this Act, as follows:

Ibid sec. 18.

As to the ages and other qualifications of men to be

enrolled thereunder;

As to the term or terms of service of men to be so
enrolled;

As to the declarations to be made on or in relation to
being so enrolled;

For the pay of the officers and non-commissioned officers
appointed, and men so enrolled;

For pensions of men in respect as well of their services
under this Act as of their previous services;

As to the arms, clothing, equipment, and allowances of
such officers, non-commissioned officers, and men ;
For the government of the said force;

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;

And as to any matters by this Act made subject to
regulations made thereunder.

Secretary of

State.

The provisions of this Act shall apply to all out-pensioners Provisions of of Chelsea Hospital, and to all out-pensioners of Greenwich this Act to Hospital who have served in the Royal Marines residing in any apply for of Her Majesty's colonies and possessions abroad in which any pensioners as enrolling outofficers have been or may be appointed, pursuant to any Act for a local force the time being in force for the payment and superintendence of in any colony the said out-pensioners:

and with

respect to

And it shall be lawful for Her Majesty, from time to time, such force. by warrant under the Royal Sign Manual, to fix the number of men to be enrolled' in every such colony and possession as a local force, and to cause them to be armed and equipped as the governor may direct:

And all the provisions of this Act for calling out the reserve force, or any part thereof, for training and exercise, for calling out such force, or any part thereof, on any of the occasions hereinbefore in this behalf mentioned, and for keeping on duty

1 As to the history of the Enrolled Pensioner Force, see Vol. I., pp. 337-344.

Warrants and

and pay such of the reserve force as volunteer their services,
and otherwise in relation to Class II. of such force and to other
persons in respect of such force, and authorizing regulations to
be made concerning the service of the men, and otherwise,
shall apply to and in respect of such local force as aforesaid, in
any such colony or possession, and to or in respect of any like
force established under any of the Acts hereby repealed, the
same colony or possession being substituted for the United
Kingdom, and the governor of such colony or possession being
substituted for the Secretary of State.

All warrants and regulations to be issued or made under 30 & 31 Vict., regulations to this Act shall be laid before both Houses of Parliament within c. 110, sec. 19.

be laid before Parliament.

Establish

ment of Militia

Reserve.

Enlisted men

volunteering for that purpose may be trained with

the army.

fourteen days next after the issuing or making thereof, if
Parliament be then sitting, or if Parliament be not sitting, then
within fourteen days after the next meeting of Parliament.

(ff.) The Militia Reserve Act, 1867.1

This, as amended by the Act of 1870, has been printed, so
far as relates to the service of the men, at pp. 120 and 121,
post.

The sections more immediately relating to the Secretary of
State's office are as follows :—

The Secretary of State may cause to be enlisted from time 30 & 31 Vict., to time under this Act such men from the Militia of the United c. 111, sec. 3. Kingdom as may be willing, with the consent of the Com

manding Officers of their respective regiments, so to enlist
themselves:

2 The total number of men enlisted under this Act from the
respective Militias raised in England, Scotland, and Ireland,
shall not at any one time exceed in number one-fourth part of
the respective quotas of private Militiamen for the time being
fixed by law to be raised therein respectively:

Subject to the limitation hereinbefore contained, the Secretary of State may fix, at his discretion, by order under his hand, the greatest number of Militiamen that may for the time being be enlisted as aforesaid out of each or any regiment of Militia.

The Secretary of State may cause any man enlisted under Ibid, sec. 6. this Act who may volunteer for such training and exercise to be trained and exercised with any part of Her Majesty's army during any time or times not exceeding in the whole fifty-six days in any one year; all or any part of the time or times of training and exercise as aforesaid of any man volunteering as aforesaid may be in addition to, or, with the consent of the Commanding Officer of the regiment of Militia to which such man may belong, in substitution for, all or any part of the

1 As to the use of the Militia for supply of recruits to the Army, see Vol. I., pp. 283-308.

2 By section 7, Regulation of the Forces Act, 1871, the Militia Reserve is to consist of such number of men as may from time to time be provided by Parliament.

3') & 31 Vict.,

period of training and exercise with and as part of the Militia
to which such man would or might otherwise be subject.

State may

The Secretary of State may, at his discretion, at any time Secretary of c. 111, sec. 7. discharge any man enlisted under this Act from his enlistment. discharge men so far as it subjects him to army service; and any man so dis- from enlistcharged shall thenceforth for the remainder of his term of enlist- ment under ment be deemed a Militiaman only, and be subject to all this Act so far provisions affecting Militiamen accordingly.

33 & 34 Vict.,

c. 67, sect. 14. 30 & 31 Vict.,

c. 111, sec. 8.

30 & 31 Vict.,

2

as respects

army service.

enlisted may

Nothing in this enactment shall affect the power of the Secretary of State to discharge such man from the Militia. In case of imminent national danger1 or of great emergency, In what the occasion being first communicated to Parliament, if Parlia-events men ment be then sitting, or declared by proclamation, it shall be be ordered to lawful from time to time to order that, on such day as may be enter upon mentioned in Her Majesty's order in this behalf, the men enlisted army service. under this Act, or such of them as Her Majesty may judge necessary, and by such order direct, shall enter upon army service, and for that purpose shall attend at such place or places and at such time or times as shall be duly notified in this behalf.

On the day fixed in such order of Her Majesty as aforesaid, Effect of c. 111, sec. 9. and thenceforth until it be signified by Her Majesty's command order for to the men to whom such order applies that their services are

Whereas by the Militia Reserve Act, 1867, as amended by the Army Enlistment Act, 1870, it is amongst other things enacted, that, in case of imminent national danger or of great emergency, the occasion being first communicated to Parliament, if Parliament be then sitting, or declared by Proclamation, it shall be lawful for Her Majesty, from time to time, to order that, on such day as may be mentioned in Her Majesty's Order in this behalf, the men enlisted under the first-mentioned Act, or such of them as Her Majesty may judge necessary, and by such Order direct, shall enter upon Army Service, and for that purpose shall attend at such place or places, and at such time or times, as shall be duly notified in this behalf:

And whereas the present state of public affairs in the East, and the necessity in connection there with of taking steps for the maintenance of peace and for the protection of the interests of the Empire, have, in Our opinion, constituted a case of great emergency within the meaning of the said Acts, and We have communicated the same to Parliament:

Now, therefore, in pursuance of the said Acts, We do hereby order, that on the 3rd day of April 1878, the men enlisted or serving under the above-mentioned Acts shall enter upon Army Service; and for that purpose shall, on or before the 19th day of April 1878, proceed to, and attend at, the places which may be respectively appointed by Our Secretary of State, and shall serve as part of Our Army until their services are no longer required.

And We do hereby direct the Right Honourable Frederick Arthur Stanley, one
of Our Principal Secretaries of State, to give all necessary directions herein
accordingly.

Given at Our Court at Windsor, this 2nd day of April, in the Year of Our Lord
1878, and in the 41st Year of Our Reign.
God save the Queen.

entry upon

army service.

3 Militia Reserve.

This notice was issued in 1878:

Her Majesty having been graciously pleased to direct by Proclamation that the
Militia Reserve shall enter upon Army service, all men belonging to the said Militia
Reserve of
Regiment are required to report themselves at the Head-
Quarters of the
Militia. at
on or before the
19th April 1878, for the purpose of joining Her Majesty's Regular Forces.

Power to

Secretary of State to make regulations.

Regulations

to be laid

before Parliament.

no longer required,' such men shall be deemed upon army
service, and they shall form part of Her Majesty's Army as if
they were men who had been duly enlisted in and attested for
Her Majesty's Army for general service, and whose enlistment
and attestation had been completed on the day aforesaid; but
so, nevertheless, that the services of men enlisted under this
Act shall not be required under any such order of Her Majesty
as aforesaid beyond six months after peace has been next
proclaimed.

It shall be lawful for the Secretary of State from time to 30 & 31 Vict., time to make regulations in relation to men enlisted under this c. 111, sec. 12. Act, as follows:

As to the amount of the sums to be paid to men so
enlisting by way of bounty or periodical
periodical payment
or allowance in consideration of their enlistment,
and as to the time or respective times, conditions,
and manner of the payment thereof :

As to the ages between which men may be enlisted;
As to the height and for the examination and approval
of all men to be enlisted under this Act;

As to the oaths or declarations to be made by men so
enlisted on their attestation;

As to the mode of giving notices to men when required
to enter upon army service as herein provided;

And as to any matter by this Act made subject to regula

tions made thereunder.

All regulations to be made under this Act shall be laid before Ibid, sec. 13. both Houses of Parliament within twenty-one days next after the making thereof if Parliament be then sitting, or if Parliament be not sitting, then within twenty-one days after the next meeting of Parliament.

Requisites of efficiency to

be declared by

Order in
Council.

(99.) The Volunteer Force."

The Statute Law relating to the Volunteers is printed with the regulations issued on the 18th April 1878, but the sections relating more directly to the constitutional functions entrusted to the Secretary of State are here printed.

Her Majesty in Council may, from time to time, declare 26 & 27 Vict., what is requisite to entitle a Volunteer to be deemed an c. 65, sec. 11. efficient Volunteer, by an Order in Councils defining, for that purpose, the extent of attendance at drill to be given by the

1 Army Circular of the 20th July 1878.

Her Majesty has been pleased to command that the services of the 1st Class
Army and Militia Reserves will not be required after the 31st July 1878.

2 History of the Volunteer Force, see Vol. I., pp. 311–336.
3 The Order in Council in force, is dated 7th July 1874.

FRED. STANLEY.

26 & 27 Vict.,

Volunteer, and the course of instruction to be gone through by
him, and the degree of proficiency in drill and instruction to be
attained by him and his corps, such proficiency to be judged of
by the inspecting officer at the annual inspection of the corps
or otherwise, as by Order in Council is from time to time
directed.

The draft of any scheme to be from time to time submitted
to Her Majesty in Council for approval shall have been laid
before both Houses of Parliament for one lunar month at least,
before such scheme receives the approval of Her Majesty in
Council.

State to make

of Volunteer

Force.

One of Her Majesty's Principal Secretaries of State may Power to c. 65, sec. 16. from time to time make regulations' respecting anything directed Secretary of or authorized to be done or provided by regulation, and also regulations for such regulations as may seem fit (not being, inconsistent government with any of the provisions of the Volunteer Acts) respecting the appointment and promotion of officers; and the assembling and proceedings of Courts of Enquiry to enquire into and report on any matter connected with the government or discipline of a Volunteer Corps or administrative regiment; and for the full execution of the Volunteer Act, 1863, and the general government and discipline of the Volunteer Force, and may alter or repeal any such regulations, and may call for such returns as may, from time to time, seem requisite.

Ibid, sec. 17.

bid, see. 19.

to the Crown

In case of actual or apprehended invasion of any part of the In case of inUnited Kingdom (the occasion being first communicated to vasion, power both Houses of Parliament if Parliament is sitting, or declared to call out in Council, and notified by Proclamation if Parliament is not Volunteers for sitting), Her Majesty may call out the Volunteer Corps of the actual milirespective counties, or any of them, for actual military service.

Every officer and Volunteer and every non-commissioned officer of the permanent staff belonging to every corps so called out shall be bound to assemble as Her Majesty directs, and to march according to orders, within Great Britain; and from the time of his corps being so called out shall be deemed on actual military service. If any such officer, Volunteer, or non-commissioned officer, not incapacitated by infirmity for military service, refuses or neglects to so assemble or march, he shall be deemed a deserter.

tary service.

tary service.

After a Volunteer Corps has been called out for actual As to release military service, the corps shall be deemed released from actual of corps from military service only by an order in writing, addressed and actual milidelivered to the Commanding Officer of the corps, which order shall issue upon and as soon as may be after a Proclamation of Her Majesty declaring the occasion to have passed, and not sooner or otherwise.

Before a Volunteer Corps is released from actual military

The regulations in force are those of the 18th April 1878.

2 It will be noticed that the Volunteers can only be called out for active military service upon "actual or apprehended invasion," the same rule which formerly applied to the Militia force.

G