Page images
PDF
EPUB

tion. In case of insanity, committee to secure effects and apply them to pay preferential charges.

By 31 & 32 V. c. 76, amended by 32 & 33 V. c. 66, the pay of the permanent staff of the militia when disembodied is fixed according to a scale contained in the last-mentioned act. Members of the staff to reside in places appointed by secretary of state for war, and be subject to the Mutiny Act. By s. 27 of 31 & 32 V. c. 76, deputy lieutenants of counties may require the attendance of any surgeon residing near the place of meeting to decide on the appeals of persons claiming to be exempt from compulsory service in the militia by reason of bodily infirmity. Surgeon to make a declaration faithfully to discharge his duty, and to receive for each day's attendance not less than half-a-guinea nor above two guineas, proportioned to the service discharged.

III. VOLUNTEER FORCE OF GREAT BRITAIN.

An act of 1863, the 26 & 27 V. c. 65, consolidates and amends the laws relative to volunteers. By s. 2, power is given to the crown to accept service of persons desirous to form volunteer corps through lieutenants of counties. The crown may constitute a permanent staff, consisting of an adjutant and sergeant instructors, for not exceeding five years; or an adjutant or sergeant instructors only, subject to the officers of corps, according to rank and military usage. Non-commissioned staff enlisting in the militia or the line may be tried as deserters. Officers to be commissioned by lieutenant of county, subject to royal approval. Volunteer officers to rank with the youngest of the same rank of the regular and militia forces. M.P.'s accepting commissions do not vacate their seats. Officers to be sworn by county lieutenant. Any volunteer, except on actual military service, may quit his corps on giving fourteen days' notice in writing to his commanding officer, delivering up, in fair wear-and-tear order, all arms, clothing, and appointments of public property issued to him; paying all money due under the rules of his corps, and thence be struck out of the muster-rolls. An annual inspection to be held by a general or field officer, and requisite efficiency to be declared by an order in council. Crown may disband corps, or service of existing corps already formed may be continued. Two or more corps may be formed into an administrative regiment with permanent staff. Secretary of state to make regulations for government of volunteer force consistent with the act, s 16. In case of invasion, power to the crown to call out volunteers for actual military service. In actual service two guineas, or part thereof, as the commander thinks fit, for necessaries, to be issued to every officer and volunteer belonging to the permanent staff. On release from actual service, one guinea to be paid to every officer and

volunteer present with the corps at the time. Provision for casualties in the service, s. 20. Commanding officer may discharge volunteer for disobedience of order, or neglect of military duty, or other offence under arms, wearing the clothing or accoutrements, or going or returning from drill, s. 21. Permanent staff subject to the Mutiny Act while not on actual service; volunteer corps while on actual service, s. 22. Officers and volunteers may make rules for management of the property, finances, and civil affairs of the corps. Subscriptions and fines recoverable ; buying of volunteers arms punishable. Wilful injury to butt or target, penalty £5. Lands may be purchased for exercise, and footpaths diverted by leave of justices, s. 87. Service as volunteer exempts from militia, s. 41; and horse duty, if horse used in service six days in the year, and from tolls going or returning in uniform on duty, s. 45. This act has been amended by 32 & 33 V. c. 81.

Members of benefit societies do not forfeit their interests therein by being enrolled in yeomanry or volunteer corps.

IV. GROUNDS FOR VOLUNTEER RIFLE PRACTICE.

The 26 & 27 V. c. 65, affords facilities for the acquisition by rifle volunteer corps of fit grounds for rifle practice. The act does not extend to Ireland. Any volunteer corps may purchase, take on lease, or otherwise acquire any land for practice, and the erection of butts, and other accommodation, subject to assent of secretary for war. Power given to secretary to give or withhold his assent. Landlords empowered to convey lands to be used as rifle ground. Chief commissioner of works may grant the right of shooting in royal parks, gardens, and possessions, for not exceeding twenty-one years upon the terms he may approve. But such grants always revocable by the crown. Like power of grant of lands for rifle practice given to the duchies of Lancaster and Cornwall, and to corporations lay or ecclesiastical. Power given to stop footpaths crossing lands acquired for rifle practice, with consent of the parish, or upon the certificate of two justices that the footpath to be substituted is convenient to the public. Secretary for war to make by-laws with a view to the safety and convenience of the public in relation to rifle grounds under the

act.

The provisions of this act are extended to volunteer artillery, so that volunteer corps of artillery may purchase or acquire land under the act of 1860 for artillery practice and the erection of batteries, targets, and other accommodation for the use of the corps. Lands held on trust for any corps to pass and vest in officer in command for time being. Wilful injury to butts or targets subjects to a penalty not exceeding £5.

By the same act (26 & 27 V. c. 65) the volunteer force, same as officers and soldiers of the line, their horses and carriages, are exempt, while on duty and in uniform, from all tolls and dues demandable at any turnpike, pier, wharf, quay, or landingplace. Penalty for demanding toll or dues not exceeding £5. A like penalty for making false representation with intent to obtain exemption.

V. GOVERNMENT OF THE ROYAL NAVY.

The system of government and discipline established in the navy is directed by certain express rules and articles, enacted by the authority of parliament; in these articles almost every possible offence is enumerated, and the punishment annexed, by which means seamen have an advantage over soldiers, whose articles are framed at the pleasure of the crown. The provisions relating to the government of the navy are comprised in the 29 & 30 V. c. 109. By s. 1, public worship to be reverently performed according to the liturgy, with prayers and preaching, and the Lord's-day diligently observed in ships according to law. Misconduct in flag or commanding officer upon signal of battle, if acting traitorously, punishable with death, s. 2. Every other person subject to the act not using his utmost efforts in action, if he has acted traitorously or from cowardice, to suffer death. Spies for the enemy subject to like punishment. Holding improper communication with the enemy, without any traitorous intention, subject to dismissal from the service. Mutiny, if accompanied by acts of violence, subjects to the punishment of death. Civilians, not otherwise subject to the act, endeavouring to seduce from allegiance those who are, to suffer capital or minor punishment. Penalty for profane swearing, drunkenness, uncleanness, or other scandalous immorality, dismissal with disgrace from the service. Penalties by dismissal from the service or otherwise, for taking money or other effects from a prize ship prior to adjudication in an admiralty court, or for stripping or ill-using persons taken on board a prize, and on commanders capturing as prize by collusion or collusively restoring ships or goods. Every person belonging to the royal navy, and borne on the books of a ship in commission, subject to the act. Act not to supersede the authority of the ordinary civil and criminal jurisdiction of the realm.

Commanders-in-chief are empowered to call courts-martial, consisting of commanders and captains. If three or more ships meet on a foreign station, the senior officer may hold courts-martial and preside. No court-martial to consist of more than nine, nor less than five members. And, after trial begun, no member to absent himself except in case of sickness, upon pain of being

cashiered. The judge-advocate and all officers constituting a court to be upon oath.

The power given by the statutes remains in force with respect to ships wrecked, lost, or destroyed, until they be discharged, or the crew removed to another ship, or till a court-martial has been held to investigate the loss of the vessel. If, upon inquiry, it appear every one did his duty, their pay goes on; as, also, the pay of officers and seamen taken by the enemy, having done their best to repel the enemy, and behaved obediently.

By the same act, the following punishments may be inflicted in the navy, namely, death, penal servitude, dismissal from the service, imprisonment or corporal punishment, forfeiture of seniority, dismissal from ship to which offender belongs, reprimand or severe reprimand, disrating a petty officer, forfeiture of pay, &c., with such minor punishments as are now inflicted by custom in the navy. In any case of corporal punishment, no more than fortyeight lashes to be inflicted. No officer to be subject to corporal punishment, nor any petty or non-commissioned officer, except in case of mutiny.

By 16 & 17 V. c. 69, the compulsory service of seamen may extend to ten years, or any other term of continuous service authorized by the regulation. By s. 12, spirituous or fermented liquors not to be brought on board any queen's ship without the consent of the commanding officer; such spirits or liquors subject to forfeiture; and any person who shall approach or hover about a ship, without previous consent, for the purpose of conveying liquors or spirits on board, or shall aid or advise any officer, seaman, or marine to desert or be absent, is liable to a penalty of £10. By s. 18, railway companies are required to convey naval forces upon the same terms as military and police. (See further 29 & 30 V. c. 109.)

By the 19 & 20 V. c. 83, for the better defence of the realm, and more ready manning of the navy, the coastguard service is placed under the authority of the admiralty. By s. 7, officers and men employed on the coastguard, and borne on the books of any ship belonging to the royal fleet, are to have the same privileges in respect of making allotment of wages and remittances, and of pensions, as persons serving in the fleet. Officers of the coastguard may, as naval officers, instruct and train the royal naval coast volunteers.

VI. NAVAL AGENCY AND DISTRIBUTION ACT.

By 27 & 28 V. c. 24, each of her Majesty's ships of war while in commission to have a ship's agent, to be appointed by its commander, and be registered. Persons in service of crown proctor, or attorney, disqualified for such appointment, but a partnership

not incorporated qualified, and any change in the firm will not affect the appointment, neither will any change of commanding officer. Duties of agent to act in behalf of ship in case of salvage, breach of any law in respect of merchant shipping, violation of customs, the seizure or capture of slave-ships, and in the distribution of bounty, prize, and other money. Agent to receive 24 per cent. on amount distributed in full remuneration for his services.

VII. REGULATION OF NAVAL PRIZE OF WAR.

The 27 & 28 V. c. 25, enacts permanently, with amendments, such provisions concerning naval prize as have heretofore been usually passed at the beginning of a war. The high court of Admiralty, and every court comprised under the term "viceadmiralty court,' to have jurisdiction and cognizance of, and judicially proceed in, all matters of prize within her Majesty's dominions. An appeal to the Queen in council in case of a final decree, and in other cases, with leave of the court making the decree. Appeal to be within three months after date of the order or decree appealed from. Prohibition against officers of court acting as proctor or agent, or being concerned for adverse parties in a cause. Every ship taken as prize, and without breaking of bulk, to be delivered up to the marshal of the court, and the captors bring the ship's papers into the registry of the court; these provisions, by s. 22, not to apply to ships of war taken as prize. S. 34 refers to jurisdiction of prize court in case of capture in land expeditions by naval and military forces. Any ships or goods taken as prize by a ship other than a ship of war of her Majesty to become, on condemnation, droits of Admiralty, s. 39. Any master of a merchant vessel under convoy disobeying orders, or deserting convoy, to be fined, in the discretion of an Admiralty court, not exceeding £500, and suffer imprisonment not exceeding one year.

VIII. RESERVE VOLUNTEER FORCE OF SEAMEN.

The 22 & 23 V. c. 40, provides for a reserve volunteer force of seamen for service in time of emergency, and that such force be duly entered and trained. By s. 1, power is given to the Admiralty to keep up a number of men not exceeding 30,000, to be called "The Royal Naval Volunteers;" such men to be raised in the United Kingdom and Channel Islands by volunteer entry from among seafaring men and others deemed suitable to the service. Volunteers to be entered for five years subject to the provisions of the act; at the end of the fifth year may claim to be discharged, but not to be actually discharged without consent of the Admiralty. Volunteers may be trained and exercised for twenty-eight days in

D D

« PreviousContinue »