Militia returns, how to be made. Protection of persons acting under Militia Acts. Exercise of powers vested in holder of military office. Provisions as to counties for purposes of Militia Acts. 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 the Militia Acts. Miscellaneous. 45. All returns required or authorized to be made in relation to the militia by any of the Militia Acts shall be made to such persons as may be prescribed. 46. (1.) The law relating to the protection of justices of the peace in the execution of their office shall, save as regards limitation of actions, notice of action, venue, tender of amends and payment into court, and other matters relating to actions which are provided for by this section, apply to lieutenants and deputy lieutenants when acting in the execution of the Militia Acts, as if they were included in the expression "justices of the peace." (2.) An action, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of the Militia Acts, or in respect of any alleged neglect or default in the execution of those Acts, shall not lie or be instituted unless it is commenced within twelve (a) months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within twelve (a) months next after the ceasing thereof. (3.) In any such action, tender of amends before the action was commenced may in lieu of or in addition to any other plea, be pleaded. If the action was commenced after such tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action. (4.) Every such action, and also every action against a member or minister of a court-martial in respect of a sentence of such court, or of anything done by virtue or in pursuance of such sentence, shall be brought in one of Her Majesty's superior courts in the United Kingdom. 47. (1.) Any power or jurisdiction given to, and act or thing to be done by, to, or before any person holding any military office may in relation to the militia be exercised by or done by, to, or before any other person for the time being authorized in that behalf according to the custom of the service. (2.) Where by any of the Militia Acts, 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. Provisions as to special Localities. 48. For the purposes of the Militia Acts the following provisions shall have effect with respect to counties: (a) This period has been reduced to six months by the Public Authorities, Protection Act, 1893 (56 and 67 Vict., c. 61); and see further as to the effect of that Act on this section the note to para. 102 of ch. VIII. (1.) The expression "county" shall, unless the context otherwise requires, mean a county at large, with the exception that each riding of the county of York shall be a separate county. (2.) Each county of a city, county of a town, or place mentioned in the first column of the first schedule to this Act, shall be deemed to form part of the county set opposite thereto in the second column of that schedule, and where a parish is mentioned in that second column to form part of that parish. (3.) All other places locally situate within a county as above defined shall be deemed to form part of that county. (4.) Every place declared by this section to form part of a county shall (save as otherwise expressly provided) be subject to the jurisdiction and authority of the lieutenant, deputy lieutenants, and other officers of the said county. of Militia Acts to cer Isle of 49. The Militia Acts shall apply to the following places, with the Application modifications hereinafter mentioned: (1.) The Governor of the Isle of Wight may appoint to act for tain places: him in the island five or more deputies, in like manner and subject Wight. to the like conditions and restrictions as deputy lieutenants are appointed under this Act, and such deputies shall act in the execution of the Militia Acts as if they were deputy lieutenants; the militia of the Isle of Wight shall be raised in the same manner as and shall form part of the militia of the county of Southampton; but shall remain within the said isle as an internal defence thereof, unless Her Majesty otherwise orders. Hamlets. (2.) The Militia Acts shall apply to the liberty or district of the Tower Tower Division in the county of Middlesex, commonly known by the name of the Tower Hamlets, as if it were a separate county. (a) (3.) This Act shall apply to the Cinque Ports, two ancient towns, Cinque and their members, so far as is consistent with the special enact- Ports ments relating thereto as if they were a separate county, and the Warden of the Cinque Ports were the lieutenant of that county. (4.) It shall be lawful for Her Majesty to appoint a lieutenant Haverfordfor the county of the town of Haverfordwest in like manner as if it west. were a separate county, and he may appoint deputy lieutenants under this Act. Cornwall and Devon. (5.) A corps of miners may continue to be raised for the counties Miners of of Cornwall and Devon as part of the militia, and the Militia Acts shall apply in like manner as if such corps were the militia of a separate county, and the warden of the Stannaries were the lieutenant of that county, and the quota for such corps may be fixed accordingly. The deputies appointed by the warden shall be called deputy wardens of the Stannaries, and need not exceed twelve in number, and the persons appointed shall be qualified, in respect of residence and otherwise, as if they were appointed deputy lieutenants for a county comprising the counties of Cornwall and Devon, and any reference to the clerk of general meetings of lieutenancy shall be deemed to refer to the clerk of general meetings appointed by the warden. City of 50. The city of London shall continue to be a separate county Application for the purposes of the militia, and so far as is consistent with of Act 10 the special enactments relating to such city this Act shall apply London. accordingly; and the Commissioners of Lieutenancy of the city shall, for the purposes of this Act and those enactments, be the lieutenant of the county; and the provisions of this Act with (a) See above p. 164, note (e). Definitions. Modifica tions in application of Act to Scotland. Modifico tions in application of Act to Ireland. respect to deputy lieutenants shall not apply to the said city; and nothing in this Act shall affect the raising and levying of the trophy tax as heretofore in the said city. Definitions. 51. In this Act, unless the context otherwise requires,— The expression "parish" means a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed: The expression "militia" means the regular militia raised in the United Kingdom, or in any county or part thereof: The expressions "militiaman" and "man in the militia" include respectively a non-commissioned officer : The expression "term of militia service" means in the case of a man enlisted or re-engaged under this Act the term for which he has so enlisted or re-engaged, and in case of any other man the term for which he is enrolled : The expression "Militia Acts" means this Act, and any Act passed or hereafter to be passed relating to the militia, so far as it is for the time being in force: The expression "prescribed" means prescribed by orders or regulations in force under this Act. Expressions not above in this section mentioned have, unless the context otherwise requires, the same meaning as they have in the Army Act, 1881. Application of Act to Scotland. 52. In the application of this Act to Scotland the following modifications shall be made that is to say : county general (1.) The Militia Acts shall apply to the county of the city of Edinburgh in like manner as to any other county, and the chief magistrate of that city shall, when there is no lieutenant appointed, appoint the deputy lieutenants under this Act. (2.) The expression “land” includes heritages. (3.) The expression "county rate means assessment." (4.) The expression "overseer" means " inspector of the poor." (5.) In the provisions respecting an action, prosecution, or proceeding against any person, "plaintiff" shall mean "and pursuer," "defendant" shall mean "defender," and "solicitor" shall mean "law agent." Application of Act to Ireland. 53. In the application of this Act to Ireland, the following modifications shall be made; that is to say : (1.) The Militia Acts shall apply to the counties of the cities of Dublin, Cork, and Limerick respectively in like manner as to any other county. (2.) Lieutenants may be appointed for the county of the city of Waterford and the town and county of the town of Galway respectively in like manner as if such city and town were respectively separate counties, and such lieutenants may appoint deputy lieutenants under this Act (a). (3.) As regards the qualifications of deputy lieutenants, the (a) Sub-section (2) is repealed as to Galway by the Local Government (Ireland) Act, 1898 (51 & 52 Vict, c. 37), s. 110 (2). description shall state the denomination of any land forming the whole or part of the qualification, and in the case of any such city or town as above in this section mentioned, the town clerk shall be substituted for the clerk of general meetings of lieutenancy, and the borough rate shall be substituted for the county rate. (4.) The powers vested in Her Majesty with reference to lieutenants and their deputy lieutenants and vice-lieutenants may, subject to any direction of Her Majesty, be exercised by the Lord Lieutenant of Ireland, and anything in relation to lieutenants or deputy lieutenants, if authorized or required to be done by, to, or before Her Majesty, may, subject as aforesaid, be done by, to, or before the Lord Lieutenant, and if authorized or required to be done by or to a Secretary of State, may be done by or to the Chief Secretary or Under Secretary of the Lord Lieutenant. (5.) The number of deputy lieutenants in each county and in each such city or town as above mentioned shall be such as Her Majesty, or, subject to any direction of Her Majesty, the Lord Lieutenant from time to time determines. (6.) Anything required to be published in the London Gazette shall be published in the Dublin Gazette in lieu of the London Gazette. (7.) Except as otherwise provided by this or any other Act, the lieutenants and deputy lieutenants appointed under this Act for any county, city, or town shall respectively have all the powers which by any Act for the time being in force are vested in the governors. or deputy governors respectively of counties or places in Ireland. (8.) (a). (9.) The expression "rate" includes "cess." (10.) The constables shall perform the duties of overseers with respect to the publication of notices. Repeal. 54. . . . (a). Repeal of (1.) So much of the said Acts as is set out in the third schedule Acts. to this Act shall continue in force in manner therein appearing, as if the same were enacted in the body of this Act. (2). . . . (a). (3.) All commissions and appointments in relation to the militia which exist at the commencement of this Act shall be of the same effect as if granted or made under this Act. (4.) All orders, warrants, regulations, and directions in relation to the militia which exist at the commencement of this Act shall be of the same effect as if they were orders and regulations made under this Act, and may be revoked or altered accordingly. (5.) The quota in force at the commencement of this Act for any county, or for any place which is under this Act deemed to be a county, shall continue to be the quota appointed for that county or place until another quota is appointed under this Act. (6.) The several militiamen who before the commencement of this Act have been attested for service, whether before a justice of the peace or an officer, or have been re-engaged, shall be deemed to have been duly attested and re-engaged as if they had been enlisted or re-engaged under this Act, and shall continue to serve accordingly, and shall be subject to and be deemed to be raised under this Act, and their service before the commencement of this (a) Repealed, Stat. Law Rev. Act, 1898. 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 [14th August, 1890. 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 |