ing officer of a corps or regiment shall not be discontinued or abated by his death, resignation, or removal from office, but may be carried on by and in the name of his successor in office. ment of 26. The commanding officer of a Volunteer corps or administra- Ar pointtive regiment, receiving any arms, ammunition, or other stores store houses supplied at the public expense or by subscription, shall, subject for arms. to the approval of the lieutenant of the county to which the corps belongs, or in which the headquarters of the administrative regiment are situate (as the case may be), appoint a proper storehouse for the depositing and safe keeping of such arms, ammunition, or stores. Every such storehouse shall be free from › all county, parochial, or other local rates and assessments. 27. If any person belonging or having belonged to a Volunteer Recovery of corps or administrative regiment neglects or refuses to pay any tions or subscripmoney subscribed or undertaken to be paid by him towards any of fines. the funds or expenses of such corps or regiment, or due under the rules of such corps, and actually payable by him, or to pay any fine incurred by him under the rules of such corps--such money or fine shall (without prejudice to any other remedy) be recoverable from him, with costs, at any time within twelve months after the same becomes due and payable, as a penalty under this Act is recoverable, and when recovered shall be applied as part of the general fund of the corps or regiment (a). corps 28. If any person designedly makes away with, sells, pawns, Wrongful wrongfully destroys, wrongfully damages, or negligently loses, delivery, any thing issued to him as a Volunteer or wrongfully refuses or &c., of wrongfully neglects to deliver up, on demand, any thing issued public or to him as a Volunteer, the value thereof shall be recoverable property. from him, with costs, as a penalty under this Act is recoverable; and he shall also for every such offence of designedly making away with, selling, pawning, or wrongfully destroying as aforesaid be liable, on the prosecution of the commanding officer of the corps or administrative regiment issuing the thing made away with, sold, pawned, or destroyed, to a penalty not exceeding five pounds. arms, &c.. 29. If any person knowingly buys or takes in exchange from any Wrongful Volunteer or any person acting on his behalf, or solicits or entices buying of any Volunteer to sell, or knowingly assists or acts for any from Volunteer in selling, or has in his possession or keeping, without Volunteers.satisfactorily accounting for, any arms, clothing, or appointments being public property or property of any Volunteer corps or administrative regiment, or any public stores or ammunition issued for the use of any such corps or regiment, he shall, on the first commission by him of any such offence, be liable to a penalty not exceeding twenty pounds, and shall, on a second and every other subsequent commission by him of any such offence, and on being convicted thereof in the like course of proceeding as that in which any such penalty is recoverable, be liable to a penalty not exceeding twenty pounds or less than five pounds, with or without imprisonment for any term not exceeding six months, with or without hard labour. The justices before whom any person is convicted of any offence under the present section shall transmit the conviction to the next court of general or quarter sessions held for the county or place where the conviction is had, there to be kept by the proper officer among the records of the court; and on the prosecution (a) A fine for the breach of a rule is to be a sum of money recoverable on complaint to a court of summary jurisdiction. See the Volunteer Act, 1897 (60 & 61 Vict. c. 41), below, p. 668. 2 T 2 (M.L.) As to wilful injury to butts or targets. Service in Penalty for certificate. of any person for any subsequent offence under the present section, a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and such conviction shall be presumed not to have been quashed on appeal until the contrary is shown. 30. If any person wilfully commits any damage to any butt or target belonging to or lawfully used by any Volunteer corps or administrative regiment, or without the leave of the commanding officer of the corps or regiment, searches for bullets in or otherwise disturbs the soil forming such butt or target, he shall for every such offence be liable, on the prosecution of the commanding officer, to a penalty not exceeding five pounds. [Part V, as to the acquisition of land for ranges, repealed, 55 & 56 Vict., c.13.] PART VI.-EXEMPTIONS. 41. Every officer of the Volunteer Force, and every efficient Volunteer, and every non-commissioned officer of the Volunteer permanent staff, shall be exempt from liability to serve personally or to provide a substitute in the Militia of England or of Scotland. In the case of a Volunteer, such exemption shall cease on his ceasing to be enrolled in the corps in connection with which he becomes entitled to be deemed efficient, unless he quits such corps on account of his changing his place of residence, in which case the exemption shall revive if within ten days after quitting such corps he is enrolled in another Volunteer corps. The certificate of the commanding officer of a Volunteer corps (in the form set forth in the schedule to this Act, with such variations as circumstances may require) certifying that the person named therein is a Volunteer enrolled in that corps, and is exempt as aforesaid, shall be conclusive evidence thereof. 42. [Repealed, Stat. Law Rev. Act, 1875.] 43. If any commanding officer of a Volunteer corps or adminisgiving false trative regiment knowingly gives any false certificate under this Act, he shall for every such offence be liable to a penalty not exceeding two hundred pounds, to be recovered in England by action in a superior court of law at Westminster, in Scotland by proceedings in the Court of Session, and in the Isle of Man by proceedings in any court of competent jurisdiction, and to be applied to the use of Her Majesty. Tolls. 44. [Repealed, 38 & 39 Vict. c 60, s. 5.] 45. Any duty or toll leviable, under any Act of Parliament passed or to be passed, at any pier, wharf, quay, landing place, or bridge, or at any turnpike gate or bar, or at any other gate or bar on a public road, shall not be demanded or taken for(1.) Any officer of the Volunteer Force, or any Volunteer, or any non-commissioned officer of the Volunteer permanent staff, being on march or duty, or going to or returning from the place appointed for, and on the day for, exercise, inspection, review, or other public duty, and being in uniform; (2.) Any horse ridden or used by any officer, Volunteer or noncommissioned officer as aforesaid, being on march or duty, or going or returning as aforesaid, and being in uniform; by the authority of one of Her Majesty's Principal Secretaries of State, whether the corps so united are formed into a regiment or a brigade or a battalion, or any other body. to Isle of of Man, 50. For the purposes of this Act the Isle of Wight shall be Application deemed to be a county of itself, and the governor thereof, or the of this Act person for the time being performing the duties of governor, shall Wight, be deemed to be the lieutenant of such county; the Cinque Ports, Cinque two ancient towns, and their members, shall be deemed to be a Ports, Isle county of themselves, and the warden thereof, or in his absence and other his lieutenant or lieutenants, shall be deemed to be the lieutenant places. of such county; every riding, stewartry, city, or place for which Her Majesty constitutes a lieutenant shall be deemed to be a county of itself, and the lieutenant appointed for the same shall be deemed to be the lieutenant of such county; and the Isle of Man shall be deemed to be a county of England, and the lieutenant-governor thereof, or the person for the time being performing the duties of lieutenant-governor, shall be deemed to be the lieutenant of such county. 51. [Repealed, Stat. Law Rev. Act, 1875.] 52. Nothing in this Act shall apply to the Honourable Artillery Not to Company of London. apply to 53. This Act shall not extend to Ireland. SCHEDULE. (i.) Oath of Officer and Volunteer. I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, and that I will faithfully serve Her Majesty in Great Britain for the defence of the same against all Her enemies and opposers whatsoever, according to the conditions of my service. [The name of the successor of Her Majesty Queen Victoria for the time being, with proper words of reference thereto, to be substituted as occasion requires.] (iv.) Certificate for Exemption from Militia. Volunteer corps, I, A. B., commanding officer of the hereby certify that C. D. is a Volunteer enrolled in that corps, and is by virtue of the Volunteer Act, 1863, exempt from liability to serve personally or to provide a substitute in the Militia of [England]. Given under my hand at one thousand eight hundred and [sixty-four]. this day of A. B., Extent of Act. Application of certain penalties. Interpretation of terms. Application of provi. sions of this Act to adjutants serjeantinstructors, and admin istrative regiments. In England, where the sum adjudged to be paid on a summary conviction or adjudication, inclusive of any costs, exceeds five pounds, or the imprisonment awarded exceeds one month, and the person who is convicted, or against whom the adjudication is made, thinks himself aggrieved by the conviction or adjudication, the following provisions shall take effect :— (1.) Such person may appeal to the next court of general or quarter sessions held not less than twelve days after the day of such conviction or adjudication for the county or place where the conviction or adjudication is had ; (4.) On such notice being given, and such recognizance being entered into, or such deposit being made, the appellant shall be liberated if in custody. In Scotland, and the Isle of Man, in like cases as in England, an appeal shall lie, in manner in that behalf provided by the law of Scotland and of the Isle of Man respectively. A summary conviction or adjudication under this Act in England, or an adjudication made on appeal therefrom, shall not be quashed for want of form or be removed by certiorari. Any pecuniary penalty recovered summarily under this Act on the prosecution of the commanding officer of a Volunteer corps or administrative regiment shall (notwithstanding anything in any Act relating to municipal corporations or to the metropolitan police or in any other Act contained) be paid to the commanding officer, and be applied as part of the general fund of the corps or regiment. 49. In this Act The term "lieutenant" of a county includes vice-lieutenant, and, as to the city of London, the commissioners of lieutenancy for the same; The term "Volunteer" means a non-commissioned officer or private belonging to a Volunteer corps, exclusive of the permanent staff thereof; The term "person" includes (where the case requires) a body of persons corporate or unincorporate; The term "appointments" includes accoutrements and equipments of every kind other than clothing. [If at any time Her Majesty thinks fit to appoint on the permanent staff of a Volunteer corps or administrative regiment à quartermaster and a paymaster, or either of such officers, commissioned by Her Majesty—or if at any time any non-commissioned officer or man, engaged and attested (according to regulations under this Act) for a period not exceeding five years, is appointed on the permanent staff of a Volunteer corps or administrative regiment to serve in any other capacity than that of serjeantinstructor then and in such cases all the provisions of this Act relating to adjutants and serjeant-instructors and to officers and non-commissioned officers of the Volunteer permanent staff shall apply to such quartermasters and paymasters, and to such other non-commissioned officers and such men respectively (a).] All the provisions of this Act relating to an administrative regiment shall apply to any united body formed of two or more separate Volunteer corps for military or administrative purposes (a) See note (b os page 654. by the authority of one of Her Majesty's Principal Secretaries of State, whether the corps so united are formed into a regiment or a brigade or a battalion, or any other body. to Isle of Ports, Isle of Man, 50. For the purposes of this Act the Isle of Wight shall be Application deemed to be a county of itself, and the governor thereof, or the of this Act person for the time being performing the duties of governor, shall Wight, be deemed to be the lieutenant of such county; the Cinque Ports, Cinque two ancient towns, and their members, shall be deemed to be a county of themselves, and the warden thereof, or in his absence and other his lieutenant or lieutenants, shall be deemed to be the lieutenant places. of such county; every riding, stewartry, city, or place for which Her Majesty constitutes a lieutenant shall be deemed to be a county of itself, and the lieutenant appointed for the same shall be deemed to be the lieutenant of such county; and the Isle of Man shall be deemed to be a county of England, and the lieutenant-governor thereof, or the person for the time being performing the duties of lieutenant-governor, shall be deemed to be the lieutenant of such county. 51. [Repealed, Stat. Law Rev. Act, 1875.] 52. Nothing in this Act shall apply to the Honourable Artillery Not to Company of London. apply to London Artillery 53. This Act shall not extend to Ireland. SCHEDULE. (i.) Oath of Officer and Volunteer. I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, and that I will faithfully serve Her Majesty in Great Britain for the defence of the same against all Her enemies and opposers whatsoever, according to the conditions of my service. [The name of the successor of Her Majesty Queen Victoria for the time being, with proper words of reference thereto, to be substituted as occasion requires.] (iv.) Certificate for Exemption from Militia. I, A. B., commanding officer of the Volunteer corps, hereby certify that C. D. is a Volunteer enrolled in that corps, and is by virtue of the Volunteer Act, 1863, exempt from liability to serve personally or to provide a substitute in the Militia of [England]. Given under my hand at one thousand eight hundred and [sixty-four]. this day of A. B., Company. Extent of |