the several Regiments and Corps of Militia, for the period of their assembly, training or exercise, and the Permanent Staff of such corps at all times, under the Command of the Officer Commanding in Chief and of the General and other Officers of the Regular Forces Commanding in the Districts and Subdistricts within which such Militia Regiments or Corps are assembled, trained, or exercised respectively, and where such Permanent Staff are stationed. 10. (b.) As to Court-martial Jurisdiction. (1.) During the Preliminary Training. A power was taken in the Militia Act of 1860, to train a Recruit "upon or any time after his enrolment," by way of preliminary instruction, at the Head Quarters of his Regiment, or any other convenient place for any time not exceeding 28 days, although his Regiment was not then called out for training; and the Act further provided that, during the period of preliminary instruction, the Recruit should be subject to the same Articles of War, and to the same laws in all respects, as if he were a Militia man lawfully called out for training and exercise. Under the Act of 1871,2 this "period for preliminary instruction" may be extended for "not more than six months" at such place and time as the Secretary of State shall appoint. 11. The "place" at which each Recruit shall be assembled (unless specially ordered to the contrary), is fixed by the Secretary of State's order of the 8th April 1873, as the Brigade Depot named therein; but the "time" is fixed, or to be fixed under the authority of "General Regulations and Instructions" of the same date, issued by the "AdjutantGeneral." Under these Regulations, the Recruit may be trained either on enrolment or immediately preceding the training of his Regiment, either by his own Officers or by Line Officers attached thereto under the Militia Act of 1869.* 3 12. If trained at the Brigade Depot, it will be in association with Line Recruits, under the immediate supervision of the Officer Commanding the Station; and that discipline may be maintained under these conditions, the Militia Act of 1873,5 123 & 24 Vic. c. 94, sec. 14. 3 G. O. (32). 4 32 Vic. c. 13, sec. 2. 234 & 35 Vic. c. 86, sec. 8. 66 which was passed subsequently to the Regulations, enacts that " Militia Recruits shall during the period of their recruit training (when the Militia Battalions to which they belong are not for the time being out for training and exercise), be subject to the command of such Officers, whether of the Militia or the Regular Forces, as may from time to time be appointed to serve with the Force with which such recruits are being trained, and the Officers in this section mentioned, shall be competent to sit on any Court-martial appointed for the trial of any such Recruit for an offence committed by him during the period of his recruit training." 13. (2.) During the period of training and exercise. "All the clauses, provisions, matters, and things contained in the Mutiny Act and Articles of War shall be in force with respect to the Militia in all cases whatsoever, but so that no punishment shall extend to life or limb." 1 14. (3.) During the time that the Militia is "drawn out and embodied." Until returned again to its own county and disembodied by Her Majesty's order, the Militia shall be subject to all the provisions contained in the Mutiny Act and Articles of War, and all the provisions contained therein shall be in force with respect to the Militia while embodied."-the Militia become, in fact, Regiments of the Line-governed as to interior Discipline, and Regimental Economy, by the Queen's Regulations.3 15. This liability is, therefore, limited to three periods: 1st, that of preliminary training; 2nd, that of annual training and exercise; and 3rd, that of embodiment and return home. After these periods have expired, the power of Military Law over these Officers and Men ceases, unless it can be supported under one or other of two subsequent Statutes. The first of these-the 55 Geo. III. c. 168-enables a General or Regi mental Court (consisting of Militia Officers) to try offences 1 42 Geo. III. c. 90, sec. 89. 5 242 Geo. III. c. 90, sec. 111; Reg. v. Jessop, 1 Den. C. C. p. 619. 3 Dickson v. Combermere, 3 Fos, and Fin. p. 543 4 An Opinion has been recently given that District Courts have authority over these Forces, but the warrant only extends to general courts. As to this, Mr. Justice Story's Judgment in Martin e. Mott, 12 Wheat. Rep. p. 35, and Maltby on Courts-martial, p. 57. committed during either of the two periods if the charges are delivered and made out within six months after the training or disembodiment; and the second-56 Geo. III. c. 64, sec. 5enables Deserters to be punished at any time, though no such charges have been delivered. 16. (4.) As to Volunteers attached to Line Regiments. During the time that any Militia volunteer is "attached for a time for the purpose of instruction to any Regiment of Her Majesty's Forces or Permanent Staff of Militia, he shall for such time be deemed to be under the operation of the Mutiny Act, and under the command of the Officer commanding such Regiment or Permanent Staff of Militia."1 17. (5.) The Permanent Staff of the Militia. "Shall be at all times subject to the Mutiny Act and Articles of War," and it shall be lawful for the Colonel of the Regiment to direct the holding of Courts-martial for the trial of offenders for any offence against the said Act and Articles committed during the time such Regiment shall not be embodied, and for the trial of any one who shall have deserted while the Regiment was embodied, and shall not have been apprehended till after it shall have been disembodied, but so that no punishment should extend to life or limb.2 The provisions of the 55 Geo. III. c. 168, have been3 made applicable to the Permanent Staff of the Militia for all offences committed against the Mutiny Act, so that Courts-martial may be summoned at any time for the punishment of these Officers and Men. 18. II. The Yeomanry. (a.) As to Command. (a.) Under the Act of 1871 Her Majesty has further been pleased to place the several Regiments and Corps of Yeomanry Cavalry when assembled, marched, or doing voluntary military duty, and the Permanent Staff of such Corps at all times, under the command of the Officer Commanding in Chief and of the General and other Officers of the Regular Forces Commanding in the Districts and subdistricts in which such Regiments and '17 & 18 Vic. c. 105, sec. 53. 31 & 32 Vic. c. 76, sec. 12. * 42 Geo. III. c. 90, sec. 103; 17 & 18 Vic. c. 105, sec. 33. See also 22 & 23 Vie. c. 38, sec. 12; 23 & 24 Vic. c. 94, sec. 15. 31 & 32 Vic. c. 76, sec. 7. * 56 Geo. III. c. 64. 4 It is said "District " also. 5 W. O. Circulars, sup. Corps are respectively assembled, marched, or doing military duty, and where such Permanent Staff are stationed. 19. (b.) As to Court-martial Jurisdiction Turning to the Statute which regulates this Force, it enacts: (1.) That the force from the time of the summons of the "Lord-Lieutenant to assemble and until the enemy shall be defeated, &c. (the same to be signified by Her Majesty's Proclamation) shall continue, and be subject to all provisions in the Mutiny Act and Articles of War in all cases whatever.”1 20. (2.) So again when they assemble (such assembling not being under the 46th section of the Act) " to do military duty, or for improving themselves in military exercise, or " for the suppression of riots," such Yeomanry from the time of so assembling and during the period of their remaining on such military duty, or being engaged in such service as aforesaid, shall be subject to all the provisions of the Mutiny Act and Articles of War.2 21. (3.) The Permanent Staff of the Yeomanry "shall at all times be subject to the Mutiny Act and Articles of War, and shall be liable to be tried for any crime committed against such Act and Articles" by any Court-martial, according to the nature and degree of the offence, in like manner and under the like regulations as the Permanent Staff of the Military Forces, provided the Court-martial is composed of Yeomanry Officers, and that no punishment awarded extend to life and limb, except when such Corps is "called out in case of invasion."3 22. III. The Volunteers. (a.) As to Command. Under the Act of 1871, Her Majesty has, moreover, been pleased to place all Volunteers, when assembled for drill or inspection or voluntarily doing any other Military duty under the command of the Officer Commanding in Chief and of the General and other Officers of the Regular Forces Commanding in the districts and subdistricts within which such Volunteers are undergoing inspection, or doing Military duty. And to declare that the Permanent Staff of all Administrative Regiments and Corps will be at all times under such Military Command. 1 41 Geo. III. c. 54, sec. 22. 2 Ib., sec. 23. 3 Ib., sec. 21. 20. 7. As to Curt-martial Jurisdiction. The Volunteer Art, 1863, contains these enactments: (1) A the Officers and Men including the PermaneLi Staff when in actual Military service are liable to all the provisions of the Mutiny At (and also entitled to the benefits thereof in all respects as the Officers and Solliers of Her Majesty's Army, except that the Court-martial shall be composed of Officers of the Volunteer Force only. 24. (2) The Permanent Staff of the Volunteer Force when not on actual service, are subject to all the provisions of the Mutiny Act (and to the benefits thereof), subject to the variations and provisi ns which the 21 Article of the Volunteer Act specities. 25. (3.) The Act of 1871 also extended the Mutiny Act and Articles of War to the Volunteer Force without any limitation as to Punishment, thus:- That where any part of the Volunteer Force is assembled for the purpose of being trained with the Militia, or Regular Forces, the Mutiny Act and Articles of War shall apply to the part of the Volunteer Force so assembled in the same manner as they apply in pursuance of the Volunteer Act, 1833, to Volunteers on Actual Service." 26. IV. The Reserve Forces. (a.) As to Command. The Government and Command of the Army Reserve has undergone a change, though not to the same extent as that previously described with reference to the Militia. The history of this force is also given elsewhere, and therefore, it is sufficient here to observe that it was organized by the late Lord Hardinge in 1842, as a Local Force to aid the Civil powers, within districts assigned by the Crown, to the administration of which, and the command of the Reserve men therein, Staff Officers of Pensioners were appointed from the half-pay list. The changes that have been made, will be traced in the following paragraphs. 27. Under the Act of 1871, Her Majesty was further As to courts of inquiry, see App. M., post. 26 & 27 Vic, c. 65, sec. 23. Vol. I. p. 337. • War Office Circular, sup. |