guise, in order to facilitate the escape of any prisoner, or shall 37 Vict. c. 5. by any means whatever aid and assist any prisoner to escape or in attempting to escape from such prison, whether an escape be actually made or not, such person shall be deemed guilty of Felony (n). If any person shall bring or attempt to bring into such prison, breach of regulain contravention of the existing rules thereof, any spirituous tions, or fermented liquor [Penalty not exc. £20 nor less than £10, or Imprisonment not exc. 3 calendar months, with or without hard labour (0).] and if any person shall bring into such prison, to or for any prisoner, without the knowledge of the governor, any money, clothing, provisions, tobacco, letters, papers, or any other articles not allowed by the rules of the prison to be in the possession of a prisoner, or shall throw into the said prison any such articles, or shall by desire of any prisoner, without the sanction of the governor, carry out of the prison any of the articles aforesaid [Penalty not exc. £5, or Imprisonment not exc. 1 calendar month, with or without hard labour (0).] and if any person shall assault or violently resist any officer of or assaults in such prison in the execution of his duty, or shall aid or excite prisons. any person so to assault or resist any such officer [Penalty not exc. £5, or Imprisonment not exc. 1 calendar month, with or without hard labour (0),—or, if the offender be a soldier already under sentence, on conviction thereof by a board of not less than 3 of the visitors of the prison, Imprisonment not exc. 6 calendar months, with or without hard labour, in addition to his original sentence, or corporal punishment not exc. fifty lashes,-or on conviction by a single visitor, Imprisonment not exc. 72 hours, with or without hard labour, in addition to his original sentence, or corporal punishment not exc. 25 lashes; or if such soldier shall, within 48 hours of the expiration of his original or additional sentence, be guilty of any offence against the rules of the prison, on conviction thereof by a board or by a single visitor, Imprisonment not exc. 72 hours either in a dark or light cell, with or without hard labour, on a bread and water diet, or otherwise; and the provisions of the Prison Acts shall apply to all military prisons.] 84. [Governors, &c., refusing to confine military offenders— Penalty £100 (p).] soldiers' stores, 85. Any person who shall knowingly detain, buy, exchange, Purchasing or receive from any soldier or deserter or any other person. acting for or on his behalf, on any pretence whatsoever, or who shall solicit or entice any soldier, or shall be employed by any soldier, knowing him to be such, to sell any arms, ammunition, (n) Triable at Sessions. Bail Discretionary. No Costs. (0) Procedure.-See note (h), ante, p. 507. (p) Recoverable by action. (9) Army reserve.-Purchasing or receiving the arms, accoutrements, ammunition and clothing provided for men enrolled in the army reserve, Penalty not exc. £5, enforced summarily before 1 justice (30 & 31 Vict. c. 110, s. 14). 37 Vict. c. 5. medals for good conduct or for distinguishment or other service, clothes, or military furniture, or any provisions, or any sheets or other articles used in barracks provided under barrack regulations, or regimental necessaries, or any article of forage provided for any horses belonging to Her Majesty's service,―or who shall have in his or her possession or keeping any such arms, ammunition, medals, clothes, furniture, provisions, spirits, articles, necessaries, or forage, and shall not give a satisfactory account how he or she came by the same, or shall change the colour of any clothes as aforesaid [Penalty not exc. £20 together with treble the value of such articles (r);— any subsequent conviction, Penalty not exc. £20, nor less than £5, and the treble value of such articles, and in addition to such forfeiture Imprisonment not exc. 6 calendar months, with or without hard labour (r). On the oath of a credible person a justice may issue a search warrant for such property.] 17 & 18 Vict. c. 105. Notice of trainings. Militia. 17 & 18 VICT. c. 105; 22 & 23 VICT. c. 38. The Acts relating to the enrolment and expences of the militia do not enter into the general scope of this work and are not here set out; the ballot is suspended, the militia being now supplied by voluntary enlistment. 1-38. [Expences, &c.] 39. [Notices to men enrolled in the militia to attend training and exercise shall be sent by the order of the commanding officer, by post to the residences of the men as stated on their attestation or as subsequently notified by them, and also to the constable and other officers of the parishes and places in which the men are so stated to be resident, to be fixed on the door or outer wall near the door of every church and chapel there Penalty for neglecting to fix such notices within 3 days after receipt not exc. £20, recoverable before 2 justices: notices thus fixed shall be deemed sufficient notice notwithstanding any omission in the notices by post (s).] Procedure. See note (h), ante, p. 507. Procedure (s. 49).-Within 6 months; 2 justices (s. 39), where the offence is committed or the offender happens to be (s. 49), Penalties enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable, under ss. 47 and 48, half to the informer, the rest (or the whole where the informer proves the case) as directed by the Secretary at War; penalties on militiamen are to be paid to the commanding officer for the general stock of the regiment (s. 50). A report of the conviction is to be sent to the Secretary at War (s. 41). Appeal, none. 40-43. [Fraudulent re-enlistment, see 22 & 23 Vict. c. 38, 17 & 18 Vict. s. 10, infra.] c. 105. 44. [Enrolment in militia shall not cause forfeiture of interest Friendly societies. in benefit societies, any rules to the contrary notwithstanding.] trainings (t) 45. Every militiaman raised under the recited Act of the 15th Absence from and 16th years of Her present Majesty, chap. 50, (not labouring (22 & 23 Vict. c. 38, under any certified infirmity or incapacity,) who shall not appear §. 12, infra). at the time and place appointed for his being exercised (notice having been given as by law required), or who, having joined s. 39. the regiment, battalion, or corps to which he belongs, or any company or companies or any detachment or division thereof, shall desert or absent (u) himself during the time of any such exercise shall be deemed a deserter [Penalty not exc. £10; in default Imprisonment not exc. 3 months, with or without hard labour; the information may be laid at any time during his engagement (x).] absentees. 46. [The commanding officer shall notify to the Secretary-at- Apprehension of War and to the officers of the parish or place the names and descriptions of all militiamen who have not attended or have absented themselves from the training;—and any constable, or any officer or soldier in Her Majesty's service or the militia, may apprehend such person and bring him before any justice at any time within the period of his engagement in the militia to be there dealt with, or to be committed to safe custody until s. 45. an escort can be sent for if the regiment or corps be then out for training; a report in the form prescribed (Sched. C.) shall be sent to the Secretary-at-War.] absence. 47. Any person who by words or other means shall persuade Causing or aiding any militiaman improperly to absent himself from his duty,and every person who shall assist or procure any such volunteer improperly to absent himself as aforesaid,— -or shall conceal, employ, or continue to employ any such volunteer, knowing him to be so improperly absent [Penalty not exc. £20 (x).] &c. 48. If any person shall knowingly and wilfully buy, take in Buying stores, exchange, conceal, or otherwise receive any militia arms, clothes, or accoutrements, or any such articles belonging to a militiaman as are generally deemed regimental necessaries according to the custom of the army, being provided for the soldier, and paid for by deductions out of his pay, or any public stores or (t) If the militia is an embodied corps the offender should be dealt with under the Mutiny Act, "MILITARY LAW," ante, (42 Geo. 3, c. 90, s. 111; 15 & 16 Vict. c. 50, s. 32). (u) Claim of exemption.-No militiaman who has received pay and been borne on the strength and pay list of any militia regiment may claim exemption on the ground of irregularity of enrolment (32 Vict. c. 13, s. 4). (x) Procedure.-Before 1 justice, as in note (s), ante, p. 510. 17 & 18 Vict. ammunition delivered for the militia, upon any account or pretence whatsoever— c. 105. Appointment of trainings. Extension of service for absentees. Fraudulent re-enlistment (z). 8. 12. Stoppages, &c., on fraudulent re-enlistment. Deserters. [Penalty not exc. £10; in default of distress, Imprisonment not exc. 6 months, with or without hard labour (y).] 22 & 23 VICT. c. 38. 1-7. [Raising the militia.] 8. [The times and places of training shall be appointed by Her Majesty, by order signified by the Secretary of State.] 9. [Any militia volunteer absenting himself from the annual training or for any part thereof exc. 14 days shall be liable to serve an additional year for each annual training from which he is absent an entry on the roll of such absence shall be conclusive evidence of the fact.] : 10. Any militia volunteer who before the expiration of his engagement as a militiaman in any regiment, battalion, or corps, enrols or offers to enrol himself in any other regiment, battalion, or corps of the militia raised in any part of the United Kingdom, or in the same regiment, battalion, or corps, whether by the same or by different names (save in the way of lawful renewal of his engagement,) shall be deemed a deserter. 11. [Any such person may by order of the Secretary-at-War be required, and shall be liable, to serve in the regiment in which he may have fraudulently enrolled or offered to enrol himself; and he shall forfeit all bounty and be subject to such stoppages as the Secretary-at-War may direct.] 12. Every deserter from the militia in any part of the United Kingdom, and every person who in respect of any offence against the militia laws is deemed a deserter, may . . . . be tried by court martial; or [Penalty not less than 40s. nor exc. £20 (a).] (y) Procedure.-Before 1 justice, as in note (s), ante, p. 510. (z) Militiamen enlisting in the army may be tried by court martial (36 Vict. c. 10, s. 50, "MILITARY LAW," ante). (a) Procedure. Within 1 month after arrest; 1 justice, wherever the offender may be. Penalties enforced by imprisonment not less than 2 months nor exc. 6 months, with or without hard labour: Payable to the commander for the public stock of the regiment (s. 12). Appeal, none. Deserters are to be tried by the justice unless the Secretary at War orders a court martial (23 & 24 Vict. c. 94, s. 15). Mines (Coal). 35 & 36 VICT. C. 76. 1-3. [Preliminary: "The Coal Mines Regulation Act, 1872."] women and 4. No boy under the age of 10 years, and no woman or girl Employment of of any age, shall be employed in or allowed to be for the children. purpose of employment in any mine to which this Aot applies (b) below ground [Penalty not exc. £2 (c).] 5. A boy of the age of 10 and under the age of 12 years Employment of shall not be employed in or allowed to be for the purpose of boys. employment in any mine to which this Act applies (b) below ground [except in mines in which a Secretary of State for the time being allows the same, nor in such case for more than 6 days in one week; or, if employed more than 3 days in one week, more than 6 hours in one day;-or, in any other case for more than 10 hours in one day;-or, otherwise than in accordance with the regulations— Penalty not exc. £2 (c).] 6. A boy of the age of 12 and under the age of 13 years, and Hours for boys. a male young person under the age of 16 years, shall not be employed in or allowed to be for the purpose of employment in any mine to which this Act applies (b) below ground for more than 54 hours in any one week, or more than 10 hours in any one day, or otherwise than in accordance with the regulations [Penalty not exc. £2 (c).] 7. For . the employment of boys and male young Regulations for persons in a mine below ground, . . there shall be allowed boys. an interval of not less than 8 hours between the period of employment on Friday and the period of employment on the following Saturday, and in other cases of not less than 12 hours between each period of employment:-[The employment shall be deemed to begin on leaving surface, and end on returning. The week shall begin and end at midnight on Saturday nights.] (b) That is, mines of coal, stratified ironstone, shale and fireclay (s. 3). (c) The penalty for offences against this Act is not exc. £2; but if the offender is the owner, agent, or manager, the penalty is not exc. £20:-for continuance, after written notice of an offence given by the inspector, a further penalty not exc. £1 a day (s. 60). For wilful cffences by an owner, agent, or manager, calculated to cause personal injury to the employed, or a dangerous accident, Imprisonment not exc. 3 months, with or without hard labour (s. 61). Procedure, see note (e), post, p. 514. |