ranges, buildings, magazines, and sites for camps; (4) facilitating the provision of areas for manœuvres; (5) arranging with employers as to holidays for training, and ascertaining the times best suited; (6) establishing or assisting cadet battalions and corps, and rifle clubs; (7) provision of horses in time of peace; (8) provision of accommodation for safe custody of arms and equipment; (9) supply of requirements on mobilization if directed by the Army Council; (10) the payment of separation and other allowances to the families of members of the force when embodied or called out on military service; (11) the registration of horses for his Majesty's forces; (12) the care of reservists and discharged soldiers. The associations must annually at the prescribed times, and may at any time for special purposes, submit a statement of requirements to meet expenditure, and the Army Council must pay to the associations out of money voted by Parliament such sums as they may consider requisite on the basis of the statements.

The accounts of an association are to be made up and audited annually, and copies sent to the Army Council. (y)

Members of the association are not under any pecuniary liability for acts done by them in their capacity as members of the association in carrying out the provisions of the Act. (z)

The Army Council may make regulations for carrying out the provisions of the Act as to the association, and may also make regulations on certain specified matters. These regulations must be laid before both Houses of Parliament as soon as may be. (a)

County associations may appoint joint committees for any purpose in which they are jointly interested. (b)

Composition, Enlistment, and Discharge.-The territorial force is composed either of (1) officers and men appointed or enlisted directly under the Act of 1907, or of (2) units of the former yeomanry and volunteer forces which have been transferred into, and become units of, the force by Order in Council under the authority of the Act. In the case of the

(y) 7 Ed. VII. c. 9, s. 3.

(z) Ib. But they would be liable (semble) for acts done beyond the scope of their authority.

(a) Ib. s. 4.

(b) Ib. s. 5.

latter the transfer does not, without their consent, affect the conditions or area of service of persons commissioned, enlisted, or enrolled before the passing of the Act of 1907.

First appointments to the lowest rank of officers in the force are given to the persons recommended by the president of the county association, provided the latter makes such recommendation within thirty days after notice of a vacancy has been given to him. The mode of enlistment and attestation for recruits to the territorial force is the same as that which applies to the regular forces under the Army Act, 1881. (c) The enlistment is for a county for which an association has been formed, and the recruit may select the corps or unit of a corps, and the area comprising the whole or part of the county, in which he is to serve. The term of enlistment is for such period as is prescribed by the proper authority not exceeding four years.

A man of the territorial force holds his position practically at pleasure, since he may be discharged at any time for disobedience, neglect of duty, misconduct, or other cause which his commanding officer may judge sufficient. He may, however, appeal to the Army Council, who may make such direction as they think fit. (d)

Men of the force are also entitled to their discharge (except when the army reserve is called out) on giving three months' notice, and paying to the county association the prescribed sum not exceeding £5, and delivering up any public property issued to them, or paying for the same. (e)

If the time for his discharge occurs while a proclamation ordering the army reserve out on permanent service is in force, a man may be required to prolong his service for a term not exceeding twelve months. (ƒ)

Training and Embodiment.-Members of the force may be called out once or oftener during the first year to serve a preliminary training if so required by Order in Council, which specifies the number of days; and whether preliminary training is directed by Order in Council or not, members must

(c) Act of 1907, s. 10, which applies s. 80 of the Army Act, 1881, to the territorial force.

(d) Ib. s. 9 (4).
(e) Ib s. 9 (3).
(f) Ib. s. 9 (5).

attend the number of drills, and fulfil the other conditions prescribed for recruits of that arm or branch of the service to which they belong. Unless dispensed with by the proper officer, they are also required to serve an annual training (and may be called out once or oftener for that purpose) of not less than eight or more than fifteen days, or, in the case of the mounted portion, not more than eighteen days. (g)

The term of annual training may be extended by Order in Council for all or any part of the force, so that the whole period does not exceed thirty days. But any Order in Council for preliminary training or for extending the annual training must be laid before each House of Parliament for forty days; and if either House presents an address to the Crown opposing it, no further proceedings are to be taken. (h)

Embodiment of all or part of the force may be directed (or revoked or varied) by the Army Council when a proclamation calling out the army reserve on permanent service has been issued. And where under a proclamation directions have been issued for calling out all the men of the first class of the army reserve, the Army Council must within one month issue directions for embodying all the men of the territorial force, unless an address is presented to the sovereign by both Houses of Parliament, praying that they shall not be so embodied. In the latter case, where such directions are required, Parliament, if separated by adjournment or prorogation for a period not expiring within ten days, must be summoned by Proclamation to meet within that period. And directions for embodiment are not to issue until Parliament has had an opportunity of presenting an address to the Crown. (i)

Disembodiment of the force is effected by proclamation, the Army Council giving the necessary directions. Until such proclamation the Army Council may direct the embodiment of any part of the force, or the disembodiment of any embodied part, as it thinks fit. (k)

Failure to attend the preliminary or annual training, or the requisite drills, without leave or reasonable excuse, entails liability to a penalty not exceeding £5 recoverable by the

(7) Act of 1907, ss. 14, 15.
(i) Ib. s. 17 (1) (2).

(h) Ib. s. 16.
(k) Ib. s. 18 (1) (2).

proper officer on complaint to a court of summary jurisdiction. Failure to attend on embodiment without leave or reasonable excuse constitutes desertion, and the offender may be tried by court martial. (1)

General Status of Territorials.-The following points may be noted with regard to the status of members of the territorial force (1) The acceptance of a commission in the force does not vacate the seat of a member of Parliament; (2) an officer or man of the force is not liable to any penalty owing to absence during the time he is voting at a parliamentary election, or going to or returning from such voting; (3) if a sheriff is a member of the force, his duties during embodiment devolve upon the under-sheriff; (4) no officer or man of the force is compelled to serve as a peace or parish officer, or to serve on a jury; a field officer cannot be required to serve as sheriff; (m) (5) the Army Act applies to officers and men of the territorial force as it applies to officers and men of the militia, (n) and in addition territorials are subject to military law when called out on actual service for purposes of defence, and are to be liable to dismissal as a punishment; (o) (6) any enactment relating to the militia, yeomanry, or volunteers (other than as to certain specified matters) may be applied to the territorials with the necessary adaptation by Order in Council, which must be laid before both Houses of Parliament. (p)

General Nature of Military Law.

Origin of Military Law.-In early times the troops employed by the Crown, both at home and abroad, were subject to the regulations made by the Crown, with the advice of the constable and earl marshal, and administered in the court of the constable and earl marshal. According to one derivation, this special code came to be known as marshal, and subsequently martial law.

The office of constable, like that of earl marshal, was hereditary, and became extinguished by the attainder of the

(1) Act of 1907, ss. 20, 21.

(n) See p. 373, ante.

(m) Ib. s. 23.
(0) Act of 1907, s. 28 (1).

(p) Ib. s. 28 (3). The excepted Acts are such as relate to the raising, service, pay, discipline, or government of the respective forces.

Duke of Buckingham in the reign of Henry VIII. The office of constable being extinguished, the court of the constable and earl marshal ceased to exist, and the jurisdiction which it exercised reverted to the Crown. (q) The undue extension of this jurisdiction under the Tudors and Stuarts was one of the causes which led to the rupture between the Crown and Parliament in the reign of Charles I. Accordingly, one of the grievances recited in the Petition of Right was the issue of commissions to try persons "according to the law martial

as is used by armies in time of war," instead of by the process of the ordinary courts. On the revolution of 1688, the issue of commissions of martial law in time of peace was again declared illegal by the Bill of Rights, and the first Annual Mutiny Act was passed in 1689, (r) establishing the army on a legal footing, and providing for its discipline. This Act, after reciting the provisions of Magna Carta, that no man should be punished or judged otherwise than by the established laws of the realm, but that it was requisite to retain such forces as should be raised in exact discipline, enacted that all officers and soldiers found guilty by court martial of mutiny, sedition, or desertion, should be punished as such court martial should direct.

Thus originated that code which is now called military law, consisting of all those rules relating to the regulation and discipline of the army, and which are either enacted directly by Parliament, or issued directly by the Crown under statutory authority; and this military law must be distinguished from what we now call martial law. The Mutiny Act of 1715 and subsequent Acts empowered the Crown to make "Articles of War" for the army at home and abroad, and in 1879 the provisions of the Mutiny Act and the Articles of War were consolidated in the Army Discipline and Regulation Act of that year. (s) This Act was repealed and its provisions re-enacted in an amended form by the Army Act, 1881, (t) which, like the Act of 1879, must be re-enacted by the Annual Act, known

(1) See Adye on Courts Martial, p. 3. The office of earl marshal continued to exist, and is hereditary in the Duke of Norfolk's family. (Ib.)

(r) 1 Will. & Mary, c. 5.

(8) 42 & 43 Vict. c. 33.

(t) 44 & 45 Vict. c. 58.