Punish ment for inducing reserve man to desert or absent him self. Attestation of men enlisting in reserve forces. be liable, on conviction by a court of summary jurisdiction, to imprisonment, with or without hard labour, for a term not exceeding three months. 17. (1.) Any person who by any means whatever (a) Procures or persuades any man belonging to the army or militia reserve to commit an offence of absence without leave within the meaning of this Act, or attempts to procure or persuade any man belonging to the army or militia reserve to commit such offence; or (b) Knowing that a man belonging to the army or militia reserve is about to commit an offence of absence without leave within the meaning of this Act, aids or assists him in so doing; or (c) Knowing any man belonging to the army or militia reserve to be an absentee without leave within the meaning of this Act, conceals such man, or aids or assists him in concealing himself, or employs or continues to employ him, or aids or assists in his rescue ; shall be liable, on conviction by a court of summary jurisdiction, to a fine not exceeding twenty pounds. (2.) Section one hundred and fifty-three of the Army Act, 1881, shall apply as if a man belonging to the army or militia reserve were a soldier, and as if the word "desert" and other words referring to desertion included desertion within the meaning of this Act as well as desertion within the meaning of the Army Act, 1881; and any person who, knowing any man belonging to the army or militia reserve to be a deserter within the meaning of this Act or of the Army Act, 1881, employs or continues to employ such man, shall be deemed to aid him in concealing himself within the meaning of the said section. Supplemental. 18. (1.) Subject to the provisions of this Act, and save as is otherwise prescribed, a man enlisting in the army or militia reserve shall be attested in the same manner as a recruit in the regular forces, and the following sections of the Army Act, 1881 (that is to say): Section eighty (relating to the mode of enlistment and attestation); Section ninety-eight (imposing a fine for unlawful recruiting): Section ninety-nine (making recruits punishable for false answers); Section one hundred (relating to the validity of attestation and enlistment, or re-engagement); Section one hundred and one (relating to the competent military authority); and So much of section one hundred and sixty-three as relates to an attestation paper, or a copy thereof, or a declaration, being evidence ; shall apply in like manner as if they were herein re-enacted, with the substitution (a) Of "man," or, if the context so requires, reserve man," for soldier," and of "army reserve or militia reserve, as the case may be," for "regular forces ;" and (b) In section one hundred, so far as relates to the militia reserve, of "one whole period of annual training" for "three months." (2.) A man so enlisting may be attested by a regular officer, or by a militia officer, and the sections of the Army Act, 1881, in this section mentioned, and also section thirty-three of the same Act, shall, as applied to the army or militia reserve, be construed as if a justice of the peace in those sections included such an officer. absence of 19. (1.) Where a man belonging to the army reserve or militia Record of reserve is subject to military law, and is illegally absent from his illegal duty, a court of inquiry under section seventy-two of the Army reserve Act, 1881, may be assembled after the expiration of twenty-one man. days from the date of such absence, notwithstanding that the period during which such man was subject to military law is less than twenty-one days, or has expired before the expiration of twenty-one days; and the record mentioned in that section may be entered in manner thereby provided, or in such regimental books and by such officer as may be prescribed. (2.) Where a man belonging to the army reserve or militia reserve fails to appear at the time and place at which he is required upon being called out for annual training or on permanent service to attend, and his absence continues for not less than fourteen days, an entry of such absence shall be made by the prescribed officer in the prescribed manner and in the prescribed regimental books, and such entry shall be conclusive evidence of the fact of such absence. as to reserve 20. (1.) Subject to the provisions of this Act, it shall be lawful Orders and for Her Majesty, by order signified under the hand of a Secretary regulations of State, from time to time to make, and when made revoke and forces. vary, orders with respect to the government, discipline, and pay of the army reserve and the militia reserve, or either of them, and with respect to other matters and things relating to the army reserve and the militia reserve or either of them, including any matter by this Act authorized to be prescribed, or expressed to be subject to orders or regulations. (2.) Subject to the provisions of any such order, a Secretary of State may from time to time make, and when made revoke and vary, general or special regulations with respect to any matter with respect to which Her Majesty may make orders under this section. (3.) Where a man entered the army or militia reserve before the date of any order or regulation made under this Act, nothing in such order or regulation shall render such man liable, without his consent, to be appointed, transferred, or attached to any military body to which he could not, without his consent, have been appointed, transferred, or attached if the said order or regulation had not been made. (4.) All orders and general regulations made under this Act shall be laid before both Houses of Parliament as soon as practicable after they are made, if Parliament be then sitting, or if Parliament be not sitting, then as soon as practicable after the beginning of the then next session of Parliament. vested in 21. (1.) Any power or jurisdiction given to, and any act or thing Exercise of to be done by, to, or before any person holding any military office powers may in relation to the reserve forces be exercised by or done by, to, holder of or before any other person for the time being authorized in that military behalf according to the custom of the service. (2.) Where by this Act, or by any order or regulation in force under this Act, any order is authorized to be made by any military authority, such order may be signified by an order, instruction, or letter under the hand of any officer authorized to issue orders on behalf of such military authority, and an order, instruction, or letter purporting to be signed by any officer appearing therein to be so authorized shall be evidence of his being so authorized. (M.L.) 2 R office. Pensions of army reserve men. Application to reserve forces of 22. Where, either before or after the passing of this Act, a man in the army reserve has been called out on permanent service, and at the termination of such service has been returned to the army reserve, and has become entitled to pension under any order or regulation in force under this Act (whether made before or after such calling out or return), the Commissioners of Chelsea Hospital shall have the same power to award and pay the said pension, and otherwise in relation to the said pension, as they would have if such man had been discharged from the army on reduction. 28. (1.) For the purpose of section one hundred and forty-three of the Army Act, 1881, and of all other enactments relating to such duties, tolls, and ferries as are in that section mentioned, officers enactments and men belonging to the army or militia reserve, when going to or returning from any place at which they are required to attend, and for non-attendance at which they are liable to be punished, and convey shall be deemed to be officers and soldiers of Her Majesty's regular forces on duty. respecting exemptions from tolls ance of regular forces. Notices. Trial of ⚫ffences. (2.) All enactments for the time being in force concerning the conveyance by railway or otherwise of any part of the regular forces, and their baggage, stores, arms, ammunition, and other necessaries and things, shall apply as if the army and militia reserve were such part of the regular forces. 24. With respect to notices required in pursuance of the orders or regulations in force under this Act to be given to men belonging to the army or militia reserve, the following provisions shall have effect:: (1) A notice may be served on any such man either by being sent by post to his last registered place of abode, or by being served in the prescribed manner; (2) Evidence of the delivery at the last registered place of abode of a man belonging to the army or militia reserve of a notice, or of a letter addressed to such man and containing a notice, shall be evidence that such notice was brought to the knowledge of such man ; (3) The publication of a notice in the prescribed manner in the parish in which the last registered place of abode of a man belonging to the army or militia reserve is situate shall be sufficient notice to such man, notwithstanding that a copy of such notice is not served on him; (4) Every constable, overseer of the poor, and inspector of the poor shall, when so required by or on behalf of a Secretary of State, conform with the orders and regulations for the time being in force under this Act with respect to the publication and service of notices, and in default shall be liable, on conviction by a court of summary jurisdiction, to a fine not exceeding twenty pounds. 25. (1.) Any offence which under this Act is punishable on conviction by court-martial, shall for all purposes of and incidental to the arrest, trial, and punishment of the offender, including the summary dealing with the case by his commanding officer, be deemed to be an offence under the Army Act, 1881, with this modification, that any reference in that Act to forfeitures and stoppages shall be construed to refer to such forfeitures and stoppages as may be prescribed. (2) Any offence which under this Act is punishable on conviction by a court of summary jurisdiction may be prosecuted, and any fine recoverable on such conviction may be recovered in manner provided by sections one hundred and sixty-six, one hundred and sixty-seven, and one hundred and sixty-eight of the Army Act 1881, in like manner as if those sections were herein re-enacted and in terms made applicable to this Act. (3.) Save as provided by the said section one hundred and sixtysix, the minimum fixed by this Act for the amount of any fine or for the term of any imprisonment shall be duly observed by courts of summary jurisdiction, and shall, notwithstanding anything contained in any other Act, not be reduced by way of mitigation or otherwise. (4.) For all purposes in relation to the arrest, trial, and punishment of a person for any offence punishable under this Act, including the summary dealing with the case by the commanding officer, this Act shall apply to the Channel Islands and the Isle of Man. offences 26. With respect to the trial and punishment of men charged Provisions with offences which in pursuance of this Act are cognisable both asto by a court-martial and by a court of summary jurisdiction, the triable both following provisions shall have effect : by courtmartial and (1) An alleged offender shall not be liable to be tried both by by court of court-martial and by a court of summary jurisdiction, but summary jurisdic may be tried by either of such courts, according as may tion. be prescribed by orders or regulations under this Act (a). (2) Proceedings against an alleged offender, before either a court-martial or his commanding officer or a court of summary jurisdiction, may be instituted whether the term of his reserve service has or has not expired, and may, notwithstanding anything in any other Act, be instituted at any time within two months after the time at which the offence becomes known to an officer who under the powers or regulations in force under this Act has power to direct the offender to be tried by a courtmartial or by a court of summary jurisdiction, if the offender is apprehended at that time, or if he is not apprehended at that time, then within two months after the time at which he is apprehended, whether such apprehension is by a civil or military authority, and any limitation contained in any other Act with respect to the time for hearing and determining an offence shall not apply in the case of any proceeding so instituted. (4) For the purposes of this section the expression "tried by court-martial" shall include "dealt with summarily by his commanding officer." 27. (1.) Section one hundred and sixty-four of the Army Act, Evidence. 1881 (which relates to evidence of the civil conviction or acquittal of a person subject to military law), shall apply to a man belonging to the army or militia reserve who is tried by a civil court, whether he is or is not at the time of such trial subject to military law. (2.) Section one hundred and sixty-three of the Army Act, 1881 (relating to evidence), shall apply to all proceedings under this Act. 28. In this Act, unless the context otherwise requiresThe expression "man "includes a warrant officer not holding an honorary commission, and a non-commissioned officer. The expression "out-pensioners of Chelsea Hospital" includes some (a) He is not to be tried by a court of summary jurisdiction without the written sanction of an officer who has power to direct his trial by court-martial. or authority superior to that officer: Army Reserve Regulations para. 50. Definitions. (M.L.) 2 R 2 Repeal of all persons whose claims for prospective or deferred pension have been registered in virtue of any warrant of Her Majesty. The expression "prescribed" means prescribed by orders or regulations in force under this Act. Other expressions have the same meaning as they have in the Army Act, 1881. In the Army Act, 1881, the expressions "army reserve force" and "militia reserve force" shall respectively mean the army reserve and militia reserve under this Act. 29.... (a). (2.) All orders, warrants, regulations, and directions in relation to the army reserve force or to the militia reserve force which exist at the commencement of this Act shall, so far as consistent with the tenor thereof, be of the same effect as if they were orders or regulations under this Act, and may be revoked or altered accordingly. (3.) Any man who at the commencement of this Act belongs to the first or second class of the army reserve force, or to the militia reserve force, shall continue to belong to the first or second class of the army reserve or to the militia reserve under this Act, as the case may be, in like manner as if he had entered the same in pursuance of this Act. (4.) Where a man belonging to either the army reserve force or the militia reserve force entered such force before the passing of the 44 & 45 Vict. Regulation of the Forces Act, 1881, or before the date of any c. 57. regulation made under the said Act, nothing in the said Act or SCHEDULE. ENACTMENTS REPEALED. [Repealed, Stat. Law Rev. Act, 1898.] Reserve Forces Act, 1890. [53 & 54 VICT. c. 42.] An Act to remove certain doubts which have arisen under the Reserve Whereas certain men engaged in railway, post office, or telegraph service, and being volunteers, have been enlisted in Her Majesty's regular forces, and immediately upon such enlistment been transferred, under the Army Act, 1881, to the reserve, and have been attached as supernumeraries to a volunteer corps, and doubts have (a) Subsection (5) was repealed by the Stat. Law Rev. Act, 1898 |