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been hastily enlisted, and who applies to him to declare his dissent, within the proper ninety-six hours, and who returns the money he has received and pays his smart money. This may be done when no person belonging to the recruiting party is with the recruit, if it is satisfactorily proved to the justice that the party has left the place, or that the recruit could procure no person belonging to the party to go with him before the justice. The sum so paid is detained by the justice, to be paid to any person belonging to the recruiting party demanding it, deducting one shilling as a fee to the clerk, for reporting to the Secretary at War.

No recruit who has been actually, though erroneously, discharged by a justice, before the expiration of twenty-four hours after enlistment, is liable to be proceeded against as a deserter; and the justice is to give a certificate to every recruit he so discharges, specifying the cause.*

Any recruit receiving the enlisting money from any person employed in the recruiting service (knowing it to be such), and who absconds or refuses to go before a justice, or thereafter absents himself from the recruiting party or person with whom he enlisted, and does not voluntarily return to go before some justice within the proper ninety-six hours, is deemed to be enlisted and a soldier, as fully, to all intents and purposes, as if he had been duly attested. He may be apprehended and punished as a deserter, or for being absent without leave, under any articles of war made for the punishment of mutiny and desertion.

Any recruit so acting cannot be discharged upon dissent, after the expiration of ninety-six hours from his enlistment, unless it be proved to the satisfaction of the justice that the true name and residence of the recruit was disclosed and known to the recruiting party, and that no notice of enlistment was given to the recruit or left at his usual place of abode.

*Mutiny Act, 1854, sec. 56.

Where a recruit has enlisted and absconds, and cannot be apprehended to be brought before a justice, the officer or non-commissioned officer commanding the party produces before the proper attesting justice a certificate of the name and address of the recruit. The justice, on satisfying himself of the facts, transmits a duplicate of the certificate to the Secretary at War, in order that, in the event of the recruit being apprehended and reported as a deserter, the facts of his having received enlisting money and absconded may be ascertained before he is finally adjudged a deserter.

Recruits who have enlisted and been attested, and are discovered to have concealed or not declared any infirmity rendering them incapable of active service, may be transferred to any garrison, veteran or invalid battalion or company, and such a portion of his bounty as may be allowed him, and any recruit proved on oath before two justices, upon his being brought to be attested, to have concealed his having been a discharged soldier, or discharged from any prior enlistment, or concealed any infirmity, or designedly made any false representation, may be adjudged a rogue and vagabond, and punished accordingly; and in Scotland or Ireland be imprisoned with hard labour for three months.

Recruits.

Any recruit designedly making false representations in Offences by the oaths and certificates he is required to take and sign, at the time of his attestation, and thus obtaining any enlisting money or bounty for entering the Queen's or the East-India Company's service, is considered guilty of obtaining money by false pretences; and in Scotland of falsehood, fraud, and wilful imposition.

Recruits

Recruits guilty of these offences regarding enlistment may Penalty on be summarily convicted and punished during the continuance offending.

Volunteers in the Militia.

of their service. The production of the attestation oath, ana the certificate given by the attesting justice, in absence of proof to the contrary, are sufficient evidence of the recruit having represented the particulars in the oath sworn by him; and the oath of one or more credible witnesses that the recruit had voluntarily admitted at the time of the enlistment that he belongs to the militia, or the Queen's service, the ordnance, navy, or marines, or the forces of the East India Company, is evidence of the fact, without the production of any roll or document to prove it. The proof of the acknowledgment is certified to the Secretary at War by the justice.

A different course is however taken with men enrolled as Volunteers in the new Militia (called out by 15 & 16 Victoria, c. 50). Such a volunteer denying, at the time of his offering to enlist, and before the attesting justice, that he has been enrolled and engaged to serve as a militia volunteer, on being convicted of his falshood before a justice or a regimental court of inquiry, forfeits all militia bounty which would have become payable to him during the period of his belonging to the Queen's regular forces, if he had not enlisted therein; he forfeits also a penny per day from his pay for eighteen calendar months. If instead of being a volunteer, he had been enrolled as a ballotted man or substitute, he is liable to the additional penalty, on conviction before a justice, of being committed to the common goal or house of correction for a period not exceeding six calendar months.

Such recruit does not belong as a soldier to the Queen's or the East India Company's forces sooner than the day on which his engagement to serve in the militia ends; but is at the same time liable to serve in the United Kingdom in the

regiment, battalion, or corps, in which he enlisted, during all the time the militia to which he belongs remains disembodied, or is not out for training or exercise; and if he neglects or refuses to join or serve in his corps he may be treated as a deserter.*

Every military officer who wilfully acts contrary to the Offences by Recruiting provisions of the Mutiny Act, in any respect, regarding the Officers. enlisting and attesting of recruits for the Queen's or East India Company's service, shall, upon proof upon oath by two witnesses before a general court-martial, be cashiered and disabled to hold any civil or military office or employment in the Queen's service.†

ment.

In order to enable soldiers whose term of service expires Re-enliston foreign service to re-enlist, and also to enable others abroad to enlist, the crown may, by a warrant signed by the Secretary at War, authorize governors of colonies or presidencies in India to appoint any person (not being a general officer or holding regimental commission) to enlist and attest (out of Great Britain and Ireland) such persons. The persons so appointed have the same powers as justices in the United Kingdom. The expiration of the Mutiny Act does not in any way invalidate these appointments or acts done under them.‡

When a corps is relieved or disbanded at any station beyond seas, the officer commanding in chief there, may authorize any officers to receive as transfers as many of the soldiers belonging to the corps leaving the station as are willing and fit for service for any corps appointed to remain. Soldiers so transferred are deemed to be discharged from

* Mutiny Act, 1854, sec. 57.

Idem, sec. 58.

Idem, sec. 59.

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enlisting.

their former corps, and attested certificates of transfer are delivered to them. If an infantry soldier consents to be transferred to the cavalry or artillery, he becomes liable to serve the period prescribed for the cavalry or artillery, notwithstanding his original engagement to serve in the infantry for a shorter period.*

Negroes and persons of colour, although not born in any part of the Queen's dominions, may be lawfully enlisted, and thereby become entitled to all the privileges of natural born subjects. Negroes purchased on account of the Queen before the abolition of slavery, and serving in the army, and those also seized and condemned as prize under the slavetrade acts, and appointed to serve in the army, are in the same position and entitled to the same advantages as negroes and persons of colour that have voluntarily enlisted.†

Penalties on Any apprentice enlisting in the Queen's or East India Apprentices Company's service, and stating to the attesting magistrate that he is not an apprentice, is deemed guilty of obtaining money under false pretences in England and Ireland; and of falsehood, fraud, and wilful imposition in Scotland; and whether he is convicted and punished or not, when his apprenticeship expires, he is liable to serve as a soldier; and if he does not deliver himself up, when his apprenticeship expires, to some officer authorised to receive recruits, he may be treated as a deserter. †

The terms on which masters may claim apprentices who enlist as soldiers, are, that the master, within one calendar month after the apprentice has left his service, goes before a magistrate and swears to his apprentice and to his absconding, and produces to the officer from whom he claims

*Mutiny Act, 1854, sec. 59.
Idem, sec. 60.

Idem, sec. 61.

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