Power for corps to make service, the corps shall be returned to the county to which it The officers and Volunteers belonging to a Volunteer Corps 26 & 27 Vict.. rules, object may, from time to time, make rules for the management of the c. 65, sec. 24. to the approval property, finances, and civil affairs of the corps, and may alter of the Crown. or repeal any such rules; but any such rules shall not have effect unless and until the Commanding Officer of the corps thinks fit to transmit the same for Her Majesty's approval, and such approval, signified through one of Her Majesty's Principal Secretaries of State, is notified to the Commanding Officer of the corps, to be by him forthwith communicated to the corps; whereupon the rules so approved shall be binding on all Appointment for arms. persons. A copy of the rules in print or writing, or partly in print and partly in writing, certified under the hand of the Commanding Officer as a true copy of the rules whereof Her Majesty's approval has been notified as aforesaid, shall be conclusive evidence of the rules of the corps. The Commanding Officer of a Volunteer Corps or adminis- Ibid, sec. 2€. of Storehouses trative regiment, receiving any arms, ammunition, or other stores supplied at the public expense or by subscription shall, subject to the approval of Her Majesty, appoint a proper storehouse1 for the depositing and safe keeping of such arms, ammunition, or stores. Every such storehouse shall be free from all county, parochial, or other local rates and assessments. the services of (hh.) The Yeomanry Force.2 This force is still governed by the Act of 1804 (as amended by later statutes) the principal provisions of which Act relating to the War Department are these : His Majesty His Majesty may accept the services of any Corps of 44 Geo. III., may continue Yeomanry formed under officers having commissions from His c. 54, sec. 3. corps accepted Majesty, upon such terms and conditions, and under and before passing according to such rules and regulations as have been approved this Act, and by His Majesty, upon such terms and conditions, and under services of any and according to such rules and regulations as to His Majesty formed after, may seem fit and proper, and to disband or discontinue the and may dis- services of any Corps of Yeomanry formed, or of any parts accept the band or dis continue their services. 1 As the arms, &c., remain the property of the corps, it is important that the place of safe custody should be approved by the Secretary of State, who is responsible to Parliament. As to defending these storehouses from armed attack, see Circulars of June 1867, vol. 2, p. 651, and discussion in Parliament (Lords) 185 H. D (3) 371-909; (Commons), ib., p. 1550-75, and 187, ib., 1937; (Lords), 188 ib., p. 734. 2 As to its history, see Vol. I., p. 316 et seq. 37 Geo. IV., c. 58; 34 and 35 Vict., c. 86. 44 Geo. III., of such corps, whenever it may seem expedient to His Majesty volunteers the terms of deemed de In all cases of actual invasion, or appearance of any enemy In cases of c. 54, sec. 22. in force on the coast of Great Britain, or of rebellion or insur- invasion, &c., rection arising or existing within the same on the appearance shall assemble of any enemy in force on the coast, or during any invasion, all and march Corps of Yeomanry shall, upon the making of any general according to signals of alarm, forthwith assemble within their respective their services, districts, and shall be liable to march according to the terms and on neglect and conditions of their respective services, whether the same shall be shall extend to any part of Great Britain, or be limited to any serters; such district, county, city, town, or place therein; and all persons corps shall then enrolled in any such corps, not labouring under any then be subinfirmity incapacitating them from military service, and not ject to the Mutiny Laws holding a commission or serving in any of His Majesty's other and Articles forces, or in any other such Corps of Yeomany or Volunteers, of War; and actually joining such corps, who shall refuse or neglect to join their respective corps, and to assemble and march therewith upon any such summons or general signal of alarm as aforesaid, shall be deemed deserters, and shall be subject to punishment as such; and all such Corps of Yeomanry and Volunteers, and all officers and non-commissioned officers, drummers, and private men therein, shall, upon and from the time of such summons, or of such general signals of alarm being made as aforesaid, and until the enemy shall be defeated and expelled, and all rebellion or insurrection then existing within Great Britain shall be suppressed (the same to be signified by His Majesty's Proclamation), continue and be subject to all the provisions contained in "The Army Discipline and Regulalation Act, 1879." Ibid, sec. 23. Book D, . 407. Look E, 401. as also corps voluntarily Whenever any Corps of Yeomanry shall, with the approbation of His Majesty, signified through His Principal Secretary assembling or of State, voluntarily assemble or march to do military duty marching to upon any appearance of invasion, or for the purpose of improving do military themselves in military exercise, except in the case hereinafter duty, &c., specified as to Corps of Yeomanry Cavalry, or shall voluntarily hereinafter specified. 1 The Yeomanry is (I apprehend) a local force, and must be raised as such. In February 1860 the Law Officers wrote thus: "The bill of rights" in effect forbids the raising of any armed force in time of peace without the consent of Parliament, and as to Yeomanry the only parliamentary consent as yet obtained and now in force is that contained in the 44 Geo. III., c. 54. Having regard to the 22nd, 36th, 39th and 46th sections of this Act, we are of opinion that every Yeomanry force is of necessity to be organized within a county, and we therefore think that Her Majesty cannot by law accept the services of a Yeomanry Corps not raised under the supervision of the Lord-Lieutenant of any particular county, and not offering for service in any particular county, but for general service under the orders of Her Majesty, as expressed by the Secretary of State for War, or the General Commanding in Chief. 2 The Secretary of State stands in substitution of the Lord-Lieutenant. See 212 H.D. (3), pp. 1 and 285. Mr. Pitt introduced this section. See 1 H.D. (O.S.), p. 722. : 3 In April 1862, the Law Officers wrote thus :- ; and except as His Majesty may put such corps under of such General Officers as he march, on being called upon in pursuance of any order from C. In all cases in which any corps are assembled or marched,2 44 Geo. III., on any summons or general signal of alarm, or are voluntarily c. 54, sec. 21. the command doing military duty as aforesaid, under any of the provisions of this Act, it shall be lawful for His Majesty to put such corps under the command of such general officers as His Majesty shall from time to time be pleased to appoint for that purpose, or as shall be then commanding in the districts in which such corps shall respectively be assembled, marched, or doing military duty: Provided always, that such corps shall be led by their respective officers, under such command as aforesaid. shall appoint, but to be led by their respective officers; and no effective member shall be liable to be placed in any other regi ment. Commanding officers, for of orders, &c. It shall be lawful for any commanding officer of any Corps Ibid, sec. 27. of Yeomanry, when not summoned or assembled upon actual service in case of invasion or appearance of the enemy in force upon the coast, to discharge any member of the corps under his command, not being a commissioned officer, for any disobedience of orders, or breach of discipline while under arms, commissioned and also for any neglect of attendance and duty, or misconduct, or improper behaviour as a member of his corps, or for other sufficient cause, the existence and sufficiency of such several causes respectively being to be judged of by such commanding officer, and immediately to strike such person out of the muster roll of the corps to which he shall belong: Provided always, that every such person shall remain liable to all the provisions of this Act, as to compelling the payment of any subscriptions, or arrears of subscription, or fines and forfeitures, incurred before or at the time of such discharge, and as to the delivering up and restoring of arms, accoutrements, and clothing, as hereinafter mentioned: Provided also, that nothing herein contained shall extend or be construed to extend to abrogate or affect any rules or regulations of any such corps which have been or may be approved by His Majesty, and which are or may be applicable to the discharge of any member of any corps when not summoned or assembled upon actual service: Provided also, that nothing herein contained shall be construed to extend to prevent His Majesty from signifying His pleasure in such 1 See Law Officers' Report, Vol. I., p. 592, as to allowances. 2 See the debate on this section, H.D. (O.S.), pp. 1722-1725. 3 Attending a republican meeting was deemed to be such, see 213 H.D. (3), p. 453. 44 Geo. III., c. 54, sec. 36. 7 Geo. III., c. 58, sec. 4. 44 Geo. III, manner, and giving directions with respect to any such case of assembled on &c., the the Commis the cess in and when When any Corps of Yeomanry shall have assembled1 on When any any summons of any Lieutenant of the County in which they volunteers are shall be respectively formed, or upon the making any general summons of signal of alarm as aforesaid, the Secretary at War is hereby the County required to pay to the captain or other commanding officer of Lieutenant, any troop of such corps the sum of two guineas for the use of Receiverevery volunteer in such troop who shall so assemble; and General of the whenever any such corps shall hereafter voluntarily assemble Duties under to do military duty upon any appearance of invasion, or for the sioners for purpose of improving themselves in military exercise, under the Taxes in Engprovisions of this Act, it shall be lawful for the Treasury to land, and the order and direct that any sum, not exceeding one guinea, for collector of every volunteer who shall so assemble, shall be paid to the Scotland, captain of every troop of such corps; and such sum, not shall pay to exceeding one guinea, shall, upon every such order, be paid by of the troop the Captain the Secretary at War aforesaid to the captain of each troop as or company aforesaid; and the money so received in any of the cases afore- two guineas said by any captain, or so much thereof as such captain shall for each man; think necessary, shall be laid out in providing necessaries for voluntarily each such volunteer; and such captain shall, within one month assembled, the after the receipt of such money, account to the several persons Treasury may order a guinea for whose use the same shall have been received, how the same for each to be hath been applied or disposed of, and shall at the time of paid in like settling such account pay the remainder, if any, to the persons manner. entitled thereto; and all the money so paid by the Secretary Captains to at War aforesaid shall be allowed them in their accounts; and account to the all persons whatever who shall have given any orders or direc- money; tions for the payment, or who shall have paid, for the use of any person in any such corps who shall have voluntarily assembled as aforesaid before the passing of this Act, any sum not exceeding one guinea for each such volunteer, shall be and are hereby indemnified: Provided always, that nothing herein and not to contained shall extend to authorize the captain of any such the use of draw any for troop or company to demand, draw for, or receive any such men not sum, or any part thereof, for the use of any person or persons desiring it. serving therein who shall not desire to be entitled to the benefit thereof. men for the All persons enrolled in any Corps of Yeomanry, when Volunteers c. 54, sec. 37. assembled as aforesaid on any invasion, or appearance of the bled on in Book E, p. 401. when assem vasion, &c., to See the debate on this section, 1 H.D. (O.S.), pp. 731 and 137 H.D. (3), receive pay : ; pp. 1787. After defeat &c., the volun returned to tive counties, and a guinea enemy in force on the coast, or for the suppression of rebellion After the defeat and expulsion of the enemy from Great 44 Geo. III., of the enemy, Britain, and suppression of any such rebellion or insurrection, c. 54, sec. 39. teers shall be to be notified as aforesaid, all Corps of Yeomanry which shall have been assembled and marched out of their respective their respec- counties, shall forth with be returned to their respective counties, and the sum of one guinea shall be paid, under the direction of any General or other superior officer under whose command such corps shall then happen to be, to every such person therein 80 permitted to return home as aforesaid, who shall be willing to receive the same, over and above the usual rate of pay to which such person shall be entitled, in order the better to enable him to return to his parish. paid to each man willing to receive it. When corps of cavalry shall be desirous of assembling under the command of their own Whenever the persons enrolled in any Corps of Yeomanry Ibid, sec. 46. Cavalry,1 whether any infantry be attached to such corps or not, or the majority of them, when not summoned upon actual service, or voluntarily assembled for the purpose of doing military duty, and subjected to military discipline, under the provisions of this Act as aforesaid, shall, through their comofficers, the manding officer, signify' in writing their desire to assemble County Lieu- under the command of their own officers, at any convenient tenant, with the approbaplace or places within the same county, for the purpose of tion of His being trained and exercised for any space of time not exceedMajesty, may ing in the whole fourteen days, either successively or at intervals within the space of twelve months, and either in separate corps or together with any other Corps of Yeomanry Cavalry who shall also have signified their desire of assembling for that County, who purpose in like manner, or with any regiment, troop, or troops shall issue his of His Majesty's regular forces of cavalry, in case His Majesty shall think proper to give directions to such of His forces for make an order for that pur pose, and an order to any Justice of the precept for billeting the non-commissioned officers and privates as His Majesty's 1 See the debate on this section, 1 H.D. (O.S.), pp. 1722–1725. 2 In April 1862, the Law Officers wrote thus:- We are of opinion that, under section 46 of the 44 Geo. III., c. 54, any Book E., Yeomanry Corps may, upon their signification of their desire in the manner pro- p. 401. forces may be vided by that section (if Her Majesty shall think proper) be trained and exercised billeted; but for eight consecutive days, as a regiment or corps, at a county town approved by the corps so Lord-Lieutenant. They cannot be assembled for that purpose, under the 46th assembled section, except upon the voluntary application of the persons enrolled in the corps, or a majority of them. The payment under such circumstances should be at the rate above described as the " 2nd scale," and which is regulated by the 48th section of the 44 Geo. III., and not that which is attached to "permanent duty" by the shall not be subject to the Mutiny Laws. 36th and 27th sections. |