649972-1892-Army-Annual-Act-1892 — Page 2

452

A.D. 1892.

44 & 45 Vict. c. 58.

Short title.

Army Act (44 & 45

Vict. c. 58.) to be

in force for specified times.

Prices in respect of billeting.

Amendment of

44 & 45 Vict. c. 58. s. 14 as to term of penal servitude.

54 & 55 Vict, c. 69,

Amendment of 44

THE HONGKONG GOVERNMENT GAZETTE, 14TH MAY, 1892.

And whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm by martial law, or in any other manner than by the judgment of his peers and according to the known and established laws of this realm; yet nevertheless it being requisite, for the retaining all the before-mentioned forces, and other persons subject to military law, in their duty, that an exact discipline be observed, and that persons belonging to the said forces who mutiny or stir up sedition, or desert Her Majesty's service, or are guilty of crimes and offences to the prejudice of good order and military discipline, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow :

And whereas the Army Act will expire in the year one thousand eight hundred and ninety-two on the following days:

(a.) In the United Kingdom, the Channel Islands, and the Isle of Man, on the

thirtieth day of April; and

(b.) Elsewhere in Europe, inclusive of Malta, also in the West Indies and

America, on the thirty-first day of July; and

(c.) Elsewhere, whether within or without Her Majesty's dominions, on the

thirty-first day of December:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Army (Annual) Act, 1892.

2.--(1.) The Army Act shall be and remain in force during the periods herein- after mentioned, and no longer, unless otherwise provided by Parliament; that is to say,

(a.) Within the United Kingdom, the Channel Islands, and the Isle of Man, from the thirtieth day of April one thousand eight hundred and ninety- two to the thirtieth day of April one thousand eight hundred and ninety-three, both inclusive; and

(b.) Elsewhere in Europe, inclusive of Malta, also in the West Indies and America, from the thirty-first day of July one thousand eight hundred and ninety-two to the thirty-first day of July one thousand eight hundred and ninety-three, both inclusive; and

(c.) Elsewhere, whether within or without Her Majesty's dominions, from the thirty-first day of December one thousand eight hundred and ninety- two to the thirty-first day of December one thousand eight hundred and ninety-three, both inclusive;

and the day from which the Army Act is contined in any place by this Act is in relation to that place referred to in this Act as the commencement of this Act.

(2.) The Army Act, while in force, shall apply to persons subject to military law, whether within or without Her Majesty's dominions.

(3.) A person subject to military law shall not be exempted from the provisions of the Army Act by reason only that the number of the forces for the time being in the service of Her Majesty, exclusive of the marine forces, is either greater or less than the number herein-before mentioned.

3. There shall be paid to the keeper of a victualling house for the accommodation provided by him in pursuance of the Army Act the prices specified in the schedule to this Act.

Amendments of Army Act.

4. Whereas by section forty-four of the Army Act the punishment of penal servitude when inflicted is required to be for a term not less than five years, and it is expedient to amend that section so as to bring it into conformity with the provisions of the Penal Servitude Act, 1891; be it therefore enacted that--

In the said section forty-four for the word "five" in each place where it occurs shall be substituted the word "three."

5. Whereas by section eighty of the Ariny Act the notice to be given to a person & 45 Vict. c. 58. s. offering to enlist is required to direct that person to appear before a justice of the peace

80 as to mode of

enlistment and

attestation.

at the time and place therein mentioned, and it is expedient to amend this enactment; be it therefore enacted that-

(1.) In sub-section one of the said section eighty, after the words "justice of

the peace," shall be inserted the words "either forthwith or.'

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(2.) In sub-section two of the same section, after the words "the justice shall ask him," shall be inserted the words "whether he has been served with and understands the notice and."