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44 Geo. III.,

that purpose, it shall be lawful for His Majesty, signified by His
Principal Secretary of State, to make an order for assembling
such Yeomanry Cavalry, and likewise to direct an order to any
justice of the peace of the county where such Corps of Yeo-
manry or Volunteer Cavalry shall be appointed to assemble,
specifying the place or places at which, and the time or times
during which, such Corps of Yeomanry Cavalry are to continue
so assembled under the authority of this Act; and the justice
of the peace to whom such order shall be directed shall issue
his precept to the constable, headborough, tythingman, or other
peace officer of the place where such corps are to be assembled,
for quartering and billeting the non-commissioned officers,
trumpeters, or buglemen, and privates of such corps, upon such
persons, and in such houses, situate in or near the place or
places specified in such order, as His Majesty's forces may by
law be quartered and billeted upon; and from and after the
receipt of such precept it shall be lawful for such constable,
headborough, tythingman, or other proper officer as aforesaid
and he is hereby required to billet the non-commissioned officers,
trumpeters, or buglemen, and private men of such Corps of
Yeomanry Cavalry, in or near such place or places as aforesaid,
and in such manner as any of His Majesty's other forces may
by law be quartered and billeted therein as aforesaid: Provided
always, that nothing herein contained shall extend or be con-
strued to extend to subject any such corps to the provisions of
any Act then in force for the punishment of mutiny and deser-
tion, or any articles of war made in pursuance thereof, by
reason of any such assembling for the purpose of being trained
and exercised for any space of time not exceeding fourteen
days as aforesaid.

billeted.

In all cases, and during the times in which any Corps of Acts for bilc. 54, sec. 47. Yeomanry or Volunteer Cavalry shall be quartered and billeted leting His Majesty's in pursuance of the provisions of this Act, all and every the forces to expowers, provisions, rules, penalties, matters, and things pro- tend to such vided and established by any Act or Acts' now or hereafter to corps when be in force for quartering and billeting His Majesty's forces shall be used and put in practice for quartering and billeting such Corps of Yeomanry Cavalry, as fully and effectually as if all and every the said powers, provisions, rules, penalties, matters, and things had been specially enacted in the body of this Act, so far as the same shall by His Majesty be deemed applicable to Corps of Yeomanry Cavalry.

Ibid, sec. 48.

Lieutenant

Whenever His Majesty shall have fixed the day and place of When the exercise for any such Corps of Yeomanry Cavalry, the Secretary shall have at War or his deputy is hereby required to cause to be issued fixed the day and paid to the officer having the command of each corps at and place of the rate of 2s. per day for each volunteer of Yeomanry who exercise for shall attend the place of exercise, and 1s. 4d. per day for each corps, he shall horse, mare, or gelding belonging to such corps, and used certify certain in exercise on that day.

1 42 & 43 Vict., c. 33, sec. 173.

any such

particulars to the Secretary at War, who shall order pay to be issued.

No future

rules or regu

jations to be valid unless

any

No rules or regulations shall be valid or binding on any 44 Geɔ. III., Corps of Yeomanry, or for any purposes of this Act, or for c. 54, sec. 56. other purpose unless the commanding officer of such corps submitted to shall think fit to transmit the same to His Majesty's Principal the Principal Secretary of State; and such rules and regulations so transSecretary of State, and not mitted and submitted shall, if not disallowed by His Majesty disallowed by within twenty-eight days after the receipt thereof by His His Majesty. Majesty's Principal Secretary of State, be considered as approved and confirmed; and the rules and regulations so transmitted, submitted, confirmed, and communicated shall be binding and valid for the purposes of this Act, or for any other purpose regarding the services and good conduct of such corps.

His Majesty may annul

any rules or regulations.

Nothing in this Act contained shall extend or be construed Ibid, sec. 57.

to extend to prevent His Majesty from annulling at any time
any rules or regulations which may have been or shall be made
respecting any Corps of Volunteers.

Other Appointments and Admis

sions to Ser

(ii) Her Majesty's Forces on the Indian Establishment.

c. 106.

In 1858 the Government of India, by the 21 & 22 Vict., c. 106, 21 & 22 Vict., which received the Royal Assent on the 2nd August, was transferred to the Crown, under conditions which are set forth in the Act, from which these sections are printed:

As to cadetships it was provided:

All appointments to cadetships, naval and military, and all Ibid, sec. 33. admissions to service not herein otherwise expressly provided

for, shall be vested in Her Majesty; and the names of persons vice vested in to be from time to time recommended for such cadetships an 1 Her Majesty. service shall be submitted to Her Majesty by the Secretary of

State.

Regulations to With all convenient speed after the commencement of this Ibid, sec. 34. be made for Act, regulations shall be made for admitting any persons being admitting Persons to be natural-born subjects of Her Majesty (and of such age and examined for qualifications as may be prescribed in this behalf) who may be Cadetships in desirous of becoming candidates for cadetships in the Engineers Engineers and and in the Artillery, to be examined as candidates accordingly, Artillery. and for prescribing the branches of knowledge in which such candidates shall be examined, and generally for regulating and conducting such examinations.

Not less than

one-tenth of

Persons recommended

Not less than one-tenth of the whole number of persons to Ibid, sec. 35.1 be recommended in any year for military cadetships (other than cadetships in the Engineers and Artillery) shall be selected. for Military according to such regulations as the Secretary of State in Cadetships to Council may from time to time make in this behalf from among be Sons of the sons of persons who have served in India in the Military or have served in Civil Services of Her Majesty, or of the East India Company.

Persons who

India.

As to the construction of this and sec. 36, see the debate in 151 H. D. (3), pp. 932-5.

21 & 22 Vict.,

HER MAJESTY'S FORCES ON THE INDIAN ESTABLISHMENT. 89

Except as aforesaid, all persons to be recommended for Nominations c. 106, sec. 36. military cadetships shall be nominated by the Secretary of for Cadetships to be made by State and Members of Council, so that out of 17 nominations Secretary of the Secretary of State shall have two and each Member of State and Council shall have one; but no person so nominated shall be Members of recommended unless the nomination be approved of by the Secretary of State in Council.

Ibid, sec. 37.

Ibid, sec. 38.

Ibid, sec. 54.

Ibid, sec. 55.1

Council.

ments and

Save as hereinbefore provided, all powers of making regu- Regulations lations in relation to appointments and admissions to service as to Appointand other matters connected therewith, and of altering or Admissions to revoking such regulations, which if this Act had not been Service. passed might have been exercised by the Court of Directors or Commissioners for the affairs of India may be exercised by the Secretary of State in Council, and all Regulations in force at the time of the commencement of this Act in relation to the matters aforesaid shall remain in force, subject nevertheless to alteration or revocation by the Secretary of State in Council as aforesaid.

Any writing under the Royal Sign Manual, removing or As to Removal dismissing any person holding any office, employment, or com- of Officers by Her Majesty. mission, civil or military, in India, of which, if this Act had not been passed, a copy would have been required to be transmitted or delivered within eight days after being signed by Her Majesty to the Chairman or Deputy Chairman of the Court of Directors, shall, in lieu thereof, be communicated within the time aforesaid to the Secretary of State in Council.

As to hostilities in India:

Hostilities is

When any order is sent to India directing the actual com- When Order mencement of hostilities by Her Majesty's Forces in India, the to commence fact of such order having been sent shall be communicated to sent to India, both Houses of Parliament within three months after the sending the fact to be of such order, if Parliament be sitting, unless such order shall communihave been in the meantime revoked or suspended, and if cated to ParParliament be not sitting at the end of such three months then within one month after the next meeting of Parliament.

liament.

Except for preventing or repelling actual invasion of Her Except for reMajesty's Indian possessions, or under other sudden and urgent pelling Invasion, Revenues necessity, the revenues of India shall not, without the consent not applicable of both Houses of Parliament, be applicable to defray the ex- for operations penses of any military operation carried on beyond the external beyond the frontiers of such possessions by Her Majesty's Forces charged upon such revenues.

1 This section was put in at the instance of Mr. Gladstone, see 151 H. D. (3), pp. 1007-17, and in the House of Lords, H. D, pp. 1458-70. Mr. Roebuck had moved a vote of censure, reported in Vol. 146, H. D., pp. 1578-1651, and Mr. Gladstone stated that his object was to prevent war without the consent of Parliament. Objection was taken to the use of troops in China at the cost of the English Treasury. The effect of the section was considered, when a vote was taken2 in 1867. It was freely discussed in the session of 1878, when the native Indian troops were brought to Malta without the knowledge of Parliament. See Book L, pp. 35-64a, and H. D. (3) for 1878 passim.

1

1 General Peel, 161, H. D. (3) 1963, pp 185 and 1053.

190, H. D. (3), pp. 359-90, 477 and 583.

Frontiers.

Indian Military and

Naval Forces to remain

As to the transfer of Military1 and Naval Forces:

The Military and Naval Forces of the East India Company 21 & 22 Vict., shall be deemed to be the Indian Military and Naval Forces of c. 106, sec. 56. Her Majesty, and shall be under the same obligations to serve under existing Her Majesty as they would have been under to serve the said Conditions of Company, and shall be liable to serve within the same territorial2

Service.

Book D., p. 69.

Book D., p. 302.

1

1 As to these forces, see Vol. I., p. 268, and Vol. II., p. 435.

2A discussion was raised in May 1878 as to the limits of service upon which the
native army is enlisted. These are stated at p. 15, " Military Law." See the Debate,
240 H. D. (3), pp. 623 and 772.

Upon the limits of service the law officers wrote two opinions, in 1859, in these
words:-
:-

"I. We entirely concur in the opinion expressed by the Governor-General of India,
and the Judge-Advocate, and Advocate-General, as to the effect of the 56th Section
of the 21 and 22 Vict., c. 106, and as to the untenable nature, in point of law, of
the claim made by certain soldiers of the 4th European Cavalry and 1st Madras
Fusiliers.

"We are clearly of opinion that no re-enlistment of those soldiers, and no payment of fresh bounty is required, or can be demanded, under the provisions of the Act.

"Those soldiers, and all the forces of the East India Company, are (according to the clear words of the Act) "under the same obligation to serve Her Majesty as they would have been under to serve the Company," and by the 58th Section, the transfer of any person to the service of Her Majesty is to "be deemed to be a continuance of his previous service."

"It was clearly within the competence of Parliament thus to transfer the right to the services of British subjects, and words more distinct could hardly have been used to express the intention of Parliament to make the transfer.

"We think, therefore, that there is no legal or technical ground whatever upon which these forces can lawfully object to serve Her Majesty."

"II. 1. We are of opinion that the European portion of Her Majesty's Indian Military Forces is legally liable to be ordered on service beyond the territories of India, although the Acts, which authorized the East India Company to enlist European troops, enabled them to do so only for the special purpose of "serving as soldiers in the East Indies" (see 21 Geo. III., c. 65, sec. 32; 39 Geo. III., c. 109, sec. 1 and 3, & 50 Geo. III., c. 87, sec. 1). Yet there is nothing in these Acts to restrict the soldiers thus enlisted from being ordered on service beyond the limits of the East Indies, if the exigencies of the East Indian Service required it. Other Acts relating to the same subject use wider expressions (see 28 Geo. III., c. 8, sec. 1; and 16 & 17 Vict., c. 95, sec. 31), and the forms of enlisting in the East India Company's service, prescribed by the Army Service Act, 10 & 11 Vict., c. 37, and by the Queen's Mutiny Acts, both before and after this latter Act, especially when contrasted with the forms of enlisting for a colony, and also the provisions in the East India Company's Mutiny Act, 20 & 21 Vict., c. 66, which expressly provide for courts-martial to be held out of the East Indies (see 7 & 11), show clearly that the European troops of the East India Company, now transferred to the service of Her Majesty, are not limited to India as their place of service.

"2. We are of opinion that there are no defined limits to which the service of the troops in question is restricted. But that they may be employed wherever the exigencies of the Indian Government require their services, and that this must be always determined by the opinion of the Government of India.

"3. The words used in the 56th Section of the 21 & 22 Vict., c. 106, "and shall be liable to serve within the same territorial limits only," were obviously inserted for the purpose of protecting any of the Indian Forces, who had been enlisted for service with defined territorial limits, from being employed beyond those limits, but not for the purpose of limit ng the service of any of the troops who, by the terms of their enlistment, were unirestricted as to service. It is stated that a large part of the native Indian army is liable to serve only within certain circumscribed limits. As applied to these troops, the above words of the 56th section would be interpreted with reference to the limits within which the troops are liable to service. The words have no operation as applied to the European portion of the forces."

See Report, Commons Committee on the Employment of Native Troops in other parts of the Empire, 1867 (478), Vol. VII., p. 197, and 1876-8 (197), Vol. VI., p. 789.

21 & 22 Vict.

HER MAJESTY'S FORCES ON THE INDIAN ESTABLISHMENT.

91

limits only, for the same terms only, and be entitled to the like
pay,' pensions, allowances, and privileges, and the like advan-
tages as regards promotion, and otherwise, as if they had
continued in the service of the said Company: such forces, and
all persons hereafter enlisting in or entering the same, shall
continue and be subject to all Acts of Parliament, Laws of the
Governor-General of India in Council, and Articles of War, and
all other laws, regulations, and provisions relating to the East
India Company's Military and Naval Forces respectively, as if
Her Majesty's Indian Military and Naval Forces respectively
had throughout such Acts, Laws, Articles, Regulations, and
Provisions been mentioned or referred to instead of such Forces
of the said Company; and the pay and expenses of and incident
to Her Majesty's Indian Military and Naval Forces shall be
defrayed out of the revenues of India.

after entering

Provided, that it shall be lawful for Her Majesty from time Provision for c. 106, sec. 57 to time by Order in Council to alter or regulate the terms and Persons hereconditions of service under which persons hereafter entering Her Majesty's Her Majesty's Indian Forces shall be commissioned, enlisted, or Indian Forces. entered to serve, and the Forms of Attestation and the Oath or Declaration to be used and taken or made respectively on attesting persons to serve in Her Majesty's Indian Forces shall be such as Her Majesty with regard to the European Forces, and the Governor-General of India in Council with regard to the Native Forces, shall from time to time direct: Provided, that every such Order in Council shall be laid before both Houses of Parliament within 14 days after the making thereof, if Parliament be sitting, and if Parliament be not sitting, then within 14 days after the next meeting thereof.

1 The words" like pay, pension, and allowances" were relied upon as carrying with them the transfer of Lord Clive's fund (created in favour of the old European army of the Company) to the Secretary of State for India; but the House of Lords held otherwise in 1863 (see Walsh v. Secretary of State, 10 H. of L. cases (N.S.) 376).

These words have in other respects been the fruitful source of controversy. In
May 1863, the memorials of complaints from Indian officers were referred to a Royal
Commission, of which Lord Cranworth was president, who reported, in March 1863,
see Parliamentary Papers, Vol. XVI., p. 177 (3254), and in consequence the Royal
Warrant of 15th June 1864 was issued. In 1866, further memorials were presented
and were referred to other Commissioners, see ib., Vol. XXVII., p. 1 (3598).

In 1868, the Colonels of the Regular Army complained of supersession by the
Indian Colonels, and the subject was referred to a War Office Committee (the late
Colonel Egerton being president), whose report of 5th January 1869 was presented
to Parliament in 1869, see Vol. XXVI., p. 509 (283).

In August 1869, the same subject was referred to a Committee, of which Lord
Justice James was the president, whose reports, dated December 1869, with
several dissents, was presented to Parliament in 1870 (45).

In June 1870, a Commons Committee was appointed, who reported in July and recommended in their report that the action of the Royal Warrant of June 1864 should cease.

In January 1870, this latter report was referred to a Royal Commission, of which Lord Cairns was president. The terms of the 56th section were again carefully considered, and the Commissioners did not concur with the Commons' recommendation. The report was presented to Parliament in June 1871 (276).

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