3. Power for the Treasury to borrow. 4. Short title.

An Act to apply certain sums out of the Consolidated Fund to the service of the years ending on the thirty-first day of March one thousand nine hundred and six and one thousand nine hundred and seven. [30th March 1906.]

Most Gracious Sovereign,

WE, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards making good the supply which we have cheerfully granted to Your Majesty in this session of Parliament, have resolved to grant unto Your Majesty the sums herein-after mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted; and be it enacted by the King'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. The Treasury may issue out of the Consolidated Fund of the United Kingdom of VOL. LXXXVI.-LAW JOUR. STAT,

$ 311.

A.D. 1906.

for the

Great Britain and Ireland, and apply towards Consolimaking good the supply granted to His dated Fund Majesty for the service of the year ending service of on the thirty-first day of March one thou- the year sand nine hundred and six the sum of one 31st March ending hundred and twenty thousand five hundred 1906. and eighty pounds.

9. As to military prisons.

SCHEDULE.

An Act to provide, during Twelve Months, for the Discipline and Regulation of the Army.

[30th March 1906.] WHEREAS the raising or keeping of a standing army within the United Kingdom of Great Britain and Ireland in time of peace, unless it be with the consent of Parliament, is against law:

And whereas it is adjudged necessary by His Majesty and this present Parliament that a body of forces should be continued for the safety of the United Kingdom and the defence of the possessions of His Majesty's Crown, and that the whole number of such forces should consist of two hundred and four thousand one hundred, including those to be employed at the depôts in the United Kingdom of Great Britain and Ireland for the training of recruits for service at home and abroad, but exclusive of the numbers actually serving within His Majesty's Indian possessions:

And whereas it is also judged necessary for the safety of the United Kingdom, and the defence of the possessions of this realm, that

a body of Royal Marine forces should be employed in His Majesty's fleet and naval service, under the direction of the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral aforesaid:

And whereas the said marine forces may frequently be quartered or be on shore, or sent to do duty or be on board transport ships or vessels, merchant ships or vessels, or other ships or vessels, or they may be under other circumstances in which they will not be subject to the laws relating to the government of His Majesty's forces by sea:

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 His Majesty's service, or are guilty of crimes and

41 & 45 Vict. c. 58.

Short title.

Army Act to be in force for specified times.

Prices in espect of billeting.

And whereas the Army Act will expire in the year one thousand nine hundred and six 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 His Majesty's dominions, on the thirtyfirst day of December:

Be it therefore enacted by the King'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, 1906.

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 nine hundred and six to the
thirtieth day of April one thousand nine
hundred and seven, 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 nine hundred and six to the
thirty-first day of July one thousand nine
hundred and seven, both inclusive; and
(c) Elsewhere, whether within or without

His Majesty's dominions, from the thirty-
first day of December one thousand nine
hundred and six to the thirty-first day of
December one thousand nine hundred and
seven, both inclusive.

(2) The Army Act, while in force, shall apply to persons subject to military law, whether within or without His 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 His 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.

4. For the purpose of preventing soldiers Power to convicted of offences against discipline under award dethe Army Act, and not discharged with stead of imignominy, from being subjected to the stigma prisonment as punishattaching to imprisonment, the following ment for amendments shall be made in the Army Act:(1) In section forty-four

(i) After paragraph k there shall be added as an additional paragraph

66

"kk Detention for a term not exceeding two years";

(ii) After proviso (1) there shall be added as an additional proviso

"(1A)For the purposes of commutation and revision of punishment, detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment."

(2) The word "detention" shall be substituted for the word "imprisonment" in proviso (10) to section forty-four, and for the words" imprisonment with or without hard labour" and "imprisonment, "whereever those words occur in section fortysix.

(3) In subsection (5) of section forty-seven for the words "death or penal servitude or of imprisonment" there shall be substituted the words "death, penal servitude, or imprisonment, or of detention." (4) In subsection (3) of section fifty, section fifty-one, section fifty-two, subsections (3), (4), and (8) of section fifty-three, sub. sections (3) and (4) of section fifty-four, and section fifty-six, the word "accused" shall be substituted for the word "prisoner" wherever that word occurs; and in subsection (9) of section fifty-three and subsection (1) of section fifty-four, the words "person under sentence" shall be substituted for the word "prisoner." (5) For paragraph (1) of section one hundred and thirty-eight the following paragraph shall be substituted:

(1) All ordinary pay for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of imprisonment awarded by a civil court or court-martial, or, if he is on board one of His Majesty's ships, by the commanding officer of that ship, for every day of detention awarded by a court-martial or by his commanding officer, and for every day whilst he is in custody on a charge for an offence of which he is afterwards convicted by a civil court or court-martial, or on a charge of absence without leave for

military offences.

A.D. 1906.

Amendment

of Army Act

as to fraudu

which he is afterwards awarded detention by his commanding officer."

(6) After section one hundred and thirty-five, the following section shall be added as a new section:

"135 A.-(1) A soldier sentenced to detention shall undergo the term of his detention either in military custody or in a detention barrack, or partly in one way and partly in the other.

66

(2) A soldier sentenced to imprisonment, or any other person liable to be imprisoned in a military prison, may be confined in a detention barrack, but a soldier sentenced to detention shall not be confined in a prison.

"(3) Subject to the foregoing provisions of this section, the provisions of this Act (other than proviso (4) to section forty-four) relating to imprisonment, military prisoners, and military prisons, shall apply to detention, soldiers undergoing detention, and detention barracks:

"Provided that a detention barrack shall not be deemed to be a public prison for the purposes of subsection (3) of section sixty-three of this Act, so far as that subsection relates to the manner in which a military prisoner is to be dealt with."

5.-(1) For paragraph (a) of subsection (1) of section thirteen of the Army Act (which lent enlist- relates to fraudulent enlistment) the following paragraph shall be substituted :

ment in

colonial

force.

As to mode

by soldiers.

"(a) When belonging to either the regular forces, or the militia when embodied, or the yeomanry when called out for actual military service, without having obtained a regular discharge therefrom, or otherwise fulfilled the conditions enabling him to enlist or enroll, enlists or enrolls himself in His Majesty's regular forces or in any force raised in India or a colony."

(2) In subsection (1) of section one hundred and eighty-one of the Army Act (which modifies that Act with respect to the auxiliary forces) for the words "enlists or attempts to "enlist in the regular forces" there shall be substituted the words "enlists or enrolls him

66

self, or attempts to enlist or enroll himself, in "the regular forces or in a force raised in "India or a colony."

6. In section forty-three of the Army Act of complaint (which relates to the mode of complaint by soldiers), for the words "to the general or "other officer commanding the district or sta "tion where the soldier is serving," there shall be substituted the words "to the prescribed general officer."

7.-(1) For paragraph m of section forty-four A.D. 1906. of the Army Act (which relates to punishments As to of non-commissioned officers) the following punishparagraph shall be substituted:

66

ments of

non-com

m. In the case of a non-commissioned missioned
officer, forfeiture, in the prescribed manner, officers.
of seniority of rank, or reduction to a
lower grade, or to the ranks."

(2) In paragraph (3) of section one hundred and eighty-three of the Army Act (which relates to non-commissioned officers), for the words " may be reduced by sentence of a court-martial," there should be substituted the words "may, by the sentence of a court-martial, "be ordered to forfeit seniority of rank or be "reduced."

tary pri

9.-(1) Rules made under subsection (2) of As to milisection one hundred and thirty-three of the sons. Army Act (which relates to military prisons) shall not authorise the infliction of corporal punishment for any offence, and accordingly in that subsection the words "not exceeding twenty-five lashes in the case of corporal punishment," and the words "in addition "to the offences for which such punishment can be inflicted in pursuance of the Prison Act, 1865, and the Prison Act, 1877" shall be repealed.

66

66

66

(2) In the same subsection, after the words "military prisoners therein" there shall be inserted the words "and for enabling such "prisoners to earn, by special industry and good conduct, a remission of a portion of "their sentence."

66

Validation and repayment of

loans for

An Act to make provision with respect to loans and sales made for the purpose of the supply of Seed Potatoes to occupiers and cultivators of land in Ireland. [29th May 1906.]

BE it enacted by the King'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.-(1) Where at any time between the first of December nineteen hundred and four and the first of September nineteen hundred and provision of five the Board of Works have, with the consent seed potaof the Treasury and the approval of the Local Government Board, made out of moneys at

toes.

their disposal for the purpose of local loans any loan to the guardians of any union for the purpose of providing seed potatoes, the loan shall be deemed to have been legally made and shall be repayable by the guardians to the Board of Works by two equal instalments, the first of which shall be paid on the first day of February nineteen hundred and seven and the second on the first day of February nineteen hundred and eight, with interest at the rate of three and a half per cent. per annum on the loan or any outstanding balance thereof from the date of the advance to the date of repay. ment, and the poor rate leviable in the union shall as from the date of the loan, without any deed of mortgage or other instrument, be and be deemed to have been charged with the repayment thereof and interest by the said instalments.