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Not only are purchases of admission into those corps in which commissions are not regularly saleable totally excluded by law, but we shall find that similar contracts for promotion are also wholly illegal, unless expressly ratified or approved by the heads of the department from which the officer thus gaining promotion receives his new and higher commission. These arrangements usually occurring in corps where the officers succeed one another in order of seniority, as in the East India Company's service and the Dockyards, a valuable inducement is generally held out to a senior officer to retire, in order to make way for a junior.

Lord Loughborough, (C. J.,) thus argues the question in a case where an officer in the Royal Dockyard at Chatham, agreed to give another officer a certain share of the profits of the office, if the latter would allow himself to be superannuated and retire on the usual pension, the agreement having been made without the knowledge of the Navy Board. He says, "Every action on promises must rest on a fair and valuable consideration, which it is for the plaintiff to make out. What is the consideration stated here? The plaintiff represents himself as unfit for future service, and entitled to a pension for the past. This he did at the request of the defendant, on the promise from him of a certain allowance. Now the representation was true or false. If true, there was no ground for any bargain with the defendant; the plaintiff did nothing for the defendant; all he did was for his own ease and advantage. If false, the public is deceived, the pension misapplied, and the service injured. It is not stated that the plaintiff procured the appointment for the defendant (which would clearly be brokage, and bad), but that he made way for the appointment. But from thence no valuable consideration can arise. Had the transaction passed with the knowledge of the Admiralty, judging of

Enlistment.

the case and applying at their discretion the allowance they are bound to make, possibly it might have stood fair with the public. I say possibly only; to be sure the ground of deceit is done away. But this case rests on a private unauthentic agreement between the officers themselves, which cannot admit of any consideration sufficient to maintain an action."

The principles of this case have been frequently acted on,f and the contract is equally illegal if the money or annuity given by the new placeman is presented, not to the person himself who improperly uses his influence or makes way for the other, but to a third person. ‡

§ The rank and file of the army are raised by voluntary enlistment, and their enlistment is carried on by persons specially employed in the recruiting service. All officers, noncommissioned officers, attested soldiers, and out-pensioners of Chelsea are entitled to enlist persons into the army, and every person receiving enlistment money from them is deemed an enlisted soldier, and while remaining with the recruiting party is entitled to billet.

The ceremony is this:-every person enlisting any recruit, must first ask the person offering himself whether he does or does not belong to the Militia; and within twelve hours after the receipt of the enlistment money, must cause the name and place of abode of the recruit to be taken down in writing, and if the recruit does not reside in, or in the vicinity of, the town or place where he offers to enlist, he is asked also the place where he intends to sleep. The object

* Parsons v. Thompson, 1 H. Bl. p. 322.

† Vide Osborne v. Williams, 18 Vesey, Com. p. 379; and Hartwell v. Hartwell, 4 Vesey, jun. p. 811.

Harrington v. Duchatel, 1 Brown, Chancery Cases.

§ See Appendix, for Note relating to Queen's Regulations regarding Enlistments and Recruiting.

of this is, that within forty-eight hours, but not sooner than twenty-four hours (any intervening Sunday not included) after the receipt of the enlistment money, the following notice may be given to him, or left at his usual place of abode, or at the place where he stated it was his intention to sleep.

"John Noakes, you enlisted with William Smith at three o'clock p.m., on the 1st day of June for the 44th Regiment, and if you do not come forward on or before ten o'clock a.m. on the 5th, for the purpose of being taken before a magistrate, either to be attested or to release yourself by repaying the enlistment shilling and any pay you have received as a recruit, and by paying 20 shillings as smart money, you will be legally adjudged to be a soldier without attestation, and will be proceeded against as a deserter.”

When any person has been enlisted as a soldier in the land service, he must, within ninety-six hours (any intervening Sunday not included), but not sooner than twenty-four, after the enlistment, appear, (together with some person employed in the recruiting service of the party with which he enlisted) before a justice or other magistrate residing in the vicinity of the place where he was enlisted, or before any justice or other magistrate acting for the division, district, or place where the recruit was enlisted. The justice or magistrate must not be an officer in the army.

of Recruits.

If the recruit declares that he has been voluntarily en- Examination listed, the justice puts to him the following questions :—“ 1. What is your name? 2. In what parish and in or near what town, and in what county were you born? 3. What is your age? 4. What is your trade or calling? 5. Are you an apprentice? 6. Are you married? 7. Are you ruptured or lame; have you ever been subject to fits, or have you any disability or disorder which impedes the free

use of your limbs or unfits you for ordinary labour? 8. Are you willing to be attested to serve in the

ment of

for the term of*

Regi

years, provided Her Majesty should so long require your services, and also for such further term, not exceeding two years, as shall be directed by the commanding officer on any foreign station? 9. At what place, on what day, at what hour of the day and by whom were you enlisted? 10. For what bounty did you enlist? 11. Have you any objection to make to the manner of your enlistment? 12. Do you belong to the militia? 13. Do you belong to any other regiment, or to the marines, ordnance, or navy, or to the forces of the East India Company? 14. Have you ever served in the army, marines, ordnance, or navy, or in the forces of the East India Company? 15. Have you ever been rejected as unfit for Her Majesty's service or the East India Company on any prior enlistment."

NOTE.-The justice is directed, in putting the 12th question to the recruit, and before he receives his answer, distinctly to apprize the recruit that if he belongs to the militia and denies the fact, he is liable to six months imprisonment.

The justice must then and there, in the presence of the recruit, record or cause to be recorded his answers in writing; and the justice must then forthwith read over, or cause his clerk in his presence to read over to the recruit, the 40th and 46th Articles of the Articles of War against mutiny and desertion, and to administer to him the following oath :

*This blank to be filled up by the justices with ten years for infantry, and twelve for cavalry or artillery, or other ordnance corps, if the person enlisted is of the age of eighteen years or upwards; but if under that age, then the difference between his age and eighteen is to be added to such ten or twelve years, as the case may be.

"I do make oath, that the above questions have been separately put to me; and that the answers thereto have been read over to me; and that they are the same that I gave, and are true.

"I do also make oath, that I will be faithful and bear true allegiance to Her Majesty, her heirs and successors, and that I will, as in duty bound, honestly and faithfully defend Her Majesty, her heirs and successors, in person, crown, and dignity against all enemies; and will observe and obey all orders of Her Majesty, her heirs and successors, and of the generals and officers set over me. So help me God."

The oath is then signed by the recruit and a witness, and also by the justice, as being sworn before him on such a day and year, and at such an hour. A shilling is paid for the oath, and the justice gives a certificate under his hand.*

If the certified recruit refuses to take the oath, the justice may, at the request of the officer or non-commissioned officer with whom he enlisted, detain and confine the recruit until he takes the oath of fidelity.†

Any recruit appearing as above before a justice is at liberty to declare his dissent to his enlistment, and, upon that declaration, the return of the enlisting money, and also the payment of twenty shillings as smart money, together with the full amount of any pay that may have been paid him subsequent to the period of his having been enlisted, he is forthwith to be discharged and set at liberty in the presence of the justice :-if, however, he refuses or neglects within twenty-four hours after dissenting, to return and pay such money, he is deemed and taken to be enlisted, as if he had given his assent before the justice.

The justice has power to discharge any person who has *For forms, see Appendix.

Mutiny Act, 1854, sec. 55, and schedules.

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