arisen as to whether such enlistment, transfer, and attachment are Be it enacted to transfer 1. It is hereby declared that regulations of a Secretary of State Authority under the Army Act can authorise any man having the special men to qualifications prescribed by those regulations to be enlisted in any reserve of Her Majesty's regular forces, and immediately upon such enlistment to enter the reserve. imme diately on enlistment. with volun 2. Subject to any order or regulations under the Reserve Forces Training of Act, 1882, any man belonging to the Army Reserve may be attached reserve men to a volunteer corps for the purpose of drill or training, and while teers. so attached shall for the purposes of the Volunteer Acts, 1863 and 45 & 46 Vict. 1869, and any Acts amending the same, be a volunteer of such corps 26 & 27 Vict. without prejudice to his position as a man belonging to the Army c. 65. Reserve. e. 58. 32 & 33 Vict. e. 81. 3. Any enlistment, transfer to the Army Reserve, or attachment Saving. to a volunteer corps of any man which was effected before the passing of this Act, and would have been valid if done subsequently to the passing of this Act, shall be deemed to have been valid. struction. 4. This Act shall be construed as one with the Reserve Forces Short title Act, 1882, and that Act and this Act may be cited together as the and conReserve Forces Acts, 1882 and 1890, and this Act may be cited as the Reserve Forces Act, 1890. Reserve Forces and Militia Act, 1898. [61 & 62 VICT. c. 9.] An Act to amend the Law relating to the Reserve Forces and [1st July, 1898.] the Army 1. Any man belonging to the first class of the Army Reserve, Liability of whose character on transfer to the Army Reserve is good, shall, if members of he so agrees in writing, be liable during the first twelve months (a) Reserve to of his service in that reserve to be called out on permanent service be called without such proclamation or communication to Parliament as is out on mentioned in Section twelve of the Reserve Forces Act, 1882, and service. the calling out of men under this Act shall not involve the meeting 45 & 46 of Parliament as required by Section thirteen of that Act. Provided as follows: (a.) The number of the men so liable shall not at any one time exceed five thousand; (a) (b.) The power of calling out men under this section shall not be exercised except when they are required for service outside the United Kingdom when warlike operations are. in preparation or in progress; (c.) A man called out under this section shall not be liable to serve for more than twelve months; (d.) Any agreement under this section may be revoked by three months' notice in writing; and (e.) Any exercise of the power of calling out men under this section shall be reported to Parliament as soon as may be. (a) Under s. 32 (2) of the Territorial and Reserve Forces Act, 1907, this period may by agreement extend to two years, and six thousand has been substituted for five thousand. permanent Vict. c. 48. Provision as 3. The number of men for the time being employed under this to numbers Act shall not be reckoned in the number of the forces authorised by the Army Act for the time being in force. authorised by Army Act. Short title. Permission to Army Reserve men of United Kingdom. 4. This Act may be cited as the Reserve Forces and Militia Act, 1898. Reserve Forces Act, 1899. [62 & 63 VICT. c. 40.] An Act to amend the Law relating to the Reserve Forces. [9th August, 1899.] 1. Where a soldier of the regular forces, when entitled to be transferred to the reserve, is serving out of the United Kingdom, to reside out he may, at his own request, be transferred to the reserve without being required to return to the United Kingdom, but subject to such conditions aз to residence, as to liability to be called out for annual training or on permanent service or in aid of the civil power, or as to any other matters, as may be prescribed by regulations 45 & 46 Vict. under Section twenty of the Reserve Forces Act, 1882, and thereupon the provisions of that Act, and of the Acts amending that Act, shall apply in the case of the soldiers so transferred with such adaptations as may be made by those regulations. c. 48. Short title. Amendment of 45 & 46 2. This Act may be cited as the Reserve Forces Act, 1899. Reserve Forces Act, 1900. [63 & 64 Vict. c. 42.] An Act to amend the Reserve Forces Act, 1882. [6th August, 1900.] 1. Men in the second division of the first class of the Army Reserve shall be liable to be called out on permanent service, Vict. c. 48, notwithstanding that directions have not been given for calling out the whole of the first division on such service. s. 3, as to calling out on permanent service. Short title. Extension of Reserve Forces Acts to men when outside the United Kingdom. [For the effect of the rest of this section, see p. 621 above.] 2. [The effect of this section is shown on p. 623 above.] 3. This Act may be cited as the Reserve Forces Act, 1900. Reserve Forces Act, 1906. [6 Edw. 7, c. 11.] An Act to amend the Law relating to the Reserve Forces. 1. (1) Notwithstanding anything in the Reserve Forces Acts, a man belonging to the Army Reserve may, if so authorized by or under the directions of the Secretary of State, reside in any British protectorate or in any part of His Majesty's dominions outside the United Kingdom, and men may be enlisted into the Army Reserve in any British protectorate or in any part of His! Majesty's dominions outside the United Kingdom except in a colony possessing responsible government, and those Acts shall, subject to such adaptations as may be made under this section, apply to such men whilst so residing and to such enlistment. c. 48. (2) Regulations made under section twenty of the Reserve 35 & 46 Vict. Forces Act, 1882, may prescribe the conditions under which men belonging to the Army Reserve may, if so authorized, reside outside the United Kingdom, and the conditions under which men may be enlisted into the Army Reserve outside the United Kingdom, and may make such adaptations in the Reserve Forces Acts as may be necessary for the purpose of adapting those Acts to the circumstances of the several parts of His Majesty's dominions outside the United Kingdom or of British protectorates. (3) In this section the expression "Reserve Forces Acts" means the Reserve Forces Act, 1882, as amended by any subse quent enactment, and includes any enactment applied by that Act as so amended; and the expression "colony posse-sing responsible government means any colony which is specified in the Schedule to this Act, or which may hereafter on the grant to the colony of responsible government be added to that Schedule by Order in Council. 2. [The effect of this section is shown on p. 625, note (a), above.] Short title. 2.48. 3. This Act may be cited as the Reserve Forces Act, 1906, 45 & 46 Vict. and the Reserve Forces Acts 1882 and 1890, and so much of the 61 & 62 Vict. Reserve Forces and Militia Act, 1898, as applies to the reserve c. 9. forces, and the Reserve Forces Act, 1899, and the Reserve Forces 53 & 54 Vict. Act, 1900, and this Act may be cited together as the Forces Acts, 1882 to 1906. Reserve c. 42. 62 & 63 Vict. c. 40. 63 & 64 Vict. c. 42. Section 1. SCHEDULE. LIST OF COLONIES. The Dominion of Canada. The Commonwealth of Australia. New Zealand. Cape Colony. Natal. Newfoundland. Militia Act, 1882. [45 & 46 Vict. c. 49.] An Act to consolidate the Acts relating to the Militia. Short title. 1. This Act may be cited as the Militia Act, 1882. 2. [Repealed, Stat. Law Rev. Act, 1898.] PART I.-MAINTENANCE AND GOVERNMENT. (a) 3. It shall be lawful for Her Majesty to raise and keep up a Raising ano militia, consisting of such number of men as may from time to time number of be provided by Parliament. militia. (a 4. (1.) Subject to the provisions of the Militia Acts, it shall be Organisa tion of (a) See as to the application of these sections to Yeomanry, Militia and Yeomanry Act, militi. 1902 (2 Edw. VII c. 39), s. 1 (3). Vesting in of jurisdiction under certain Acts in relation to the militia. First appointments to lowest rank of militia officer. lawful for Her Majesty, by order signified under the hand of a Secretary of State, from time to time to make, and when made revoke and vary, orders with respect to the government, discipline, and pay of the militia, and with respect to all other matters and things relating to the militia, including any matter by this Act authorized to be prescribed, or expressed to be subject to orders or regulations. (2.) The said orders may provide for the formation of militiamen into regiments, battalions, or military bodies, and for the formation of such regiments, battalions, or military bodies into corps, either alone or jointly with any other part of Her Majesty's forces, and for appointing, transferring, or attaching militiamen to corps, and for posting, attaching, or otherwise dealing with militiamen within the corps, and may regulate the appointment, rank, duties, and numbers of the militia officers and non-commissioned officers. (3.) Subject to the provisions of any such order, a Secretary (b) Authorize a militiaman when belonging to one corps to (5.) Where a militiaman was enlisted or re-engaged before the date of any order or regulation under this Act, nothing in such order or regulation shall render him 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. (6.) 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. 5. All jurisdiction, powers, duties, command, and privileges over, of, or in relation to the militia, or any part thereof, which under any Act, other than this Act, are vested in or exercisable by the lieutenants of counties, or by the Lord Lieutenant of Ireland, either of his own motion or with the advice of the Privy Council in Ireland, shall be exercisable by Her Majesty, through a Secretary of State or any officers to whom Her Majesty may, by the advice of a Secretary of State, delegate such jurisdiction, powers, duties, command, and privileges, or any of them, or any part thereof; saving, nevertheless, to the lieutenants of counties their jurisdictions, powers, duties, and privileges in relation to raising the militia by ballot, and the proceedings incidental thereto. 6. First appointments to the lowest rank of militia officer in any corps shall be given to persons recommended by the lieutenant of the county, if a person approved by Her Majesty is recommended by such lieutenant for any such appointment within thirty days after notice of a vacancy for such appointment has been given to such lieutenant in the prescribed manner provided the person or persons fulfil all the prescribed conditions as to age, physical fitness, and educational qualifications; and where a corps comprises militia men of two or more counties, the recommendations for such first appointments shall be made by the lieutenants of the respective counties in such rotation or otherwise as may be from time to time prescribed. PART II.-VOLUNTARY ENLISTMENT. 7. Subject to the provisions of this Act, private militiamen may Raising of be raised by voluntary enlistment by such persons and in such manner men by voluntary and subject to such regulations as may be prescribed, and this part of enlistment. this Act shall apply only to persons who have voluntarily enlisted. term of 8. (1.) Every militiaman enlisted under this Act shall be enlisted Enlistment, as a militiaman for some county, and shall forthwith be appointed service, and to serve in a corps for that county, or for some area comprising the re-engagewhole or part of that county. (2.) Every militiaman enlisted under this Act shall be enlisted to serve for such period, not exceeding six years, as may be prescribed, and such period shall be reckoned from the date of his attestation. (3.) Every militiaman enlisted under this Act may from time to time within twelve months of the end of his current term of service be re-engaged for such period, not exceeding six years, from the end of that current term, as may be prescribed. (4.) A militiaman on re-engagement shall make the prescribed declaration before a justice of the peace or an officer. (5.) Militiamen enlisted or re-engaged under this Act shall, for the purposes of any enactment referring to persons enrolled in the militia, be deemed to be enrolled. ment. 9. (1.) The following sections of the Army Act, 1881, shall apply Application to militia recruits; that is to say : to militia recruits of Section eighty (relating to the mode of enlistment and certain en attestation); listment sections of Section ninety-six (relating to the claims of masters to 44 & 45 Vict. apprentices); Section ninety-eight (imposing a fine for unlawful recruiting); 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; And the said sections shall apply in like manner as if they were herein re-enacted, with the substitution (a) of "militia" for "regular forces," and of "militiaman" for "soldier"; and (b) (in section one hundred) of "during three months, or during "the whole period of preliminary training if less than "three months, or during one whole period of annual "training" for during three months." (2.) A recruit may be attested by any lieutenant or deputylieutenant of any county in the United Kingdom, or 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 c. 58. |