any regulation or Act for the time being in force in relation to moneys deposited in such bank in similar cases, or to such account as may be directed by any order of the Court of Session, and remain in the bank by way of security to the parties interested in the lands which have been so entered upon for the payment of the money to become payable by the local authority in respect thereof under the award of the arbitrator; and the money so deposited may, on the application by petition of the local authority, be ordered to be invested in Government securities, and accumulated; and upon such payment as aforesaid by the local authority it shall be lawful for the Court of Session, upon the like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the local authority, or, in default of such payment as aforesaid by the local authority, it shall be lawful for the said court to order the same to be applied in such manner as it thinks fit for the benefit of the parties for whose security the same shall so have been deposited. Appeal. 25. Where the party named in any certificate issued under the provisions herein-before contained of the amount of the compensation ascertained by any award under this Act (or any party claiming under the party so named) is dissatisfied with the amount in such certificate certified to be payable, and such amount exceeds five hundred pounds; and Where any party claiming any interest in any moneys so paid into bank as aforesaid is dissatisfied with the amount of the price or compensation in respect of which such moneys are paid into bank, and such amount exceeds five hundred pounds; also Where the local authority is dissatisfied with the amount of compensation which the arbitrator appointed under the provisions of this Act has awarded to be paid by the local authority to any person in respect of any estate or interest in lands, and such amount exceeds the sum of five hundred pounds : The party dissatisfied may submit the question of the proper amount of compensation to a jury, provided that such party give notice in writing to the other party of their intention to appeal within ten days after notice has been given that the cause of appeal has arisen. The cause of appeal shall be deemed to have arisen (1.) Where a certificate has been issued as aforesaid, at the date of the issue of the certificate: (2.) Where moneys have been paid into the bank, at the date of the payment into bank: (3.) Where the local authority appeals, at the date of the making of the final award. 26. Where a notice has been given under the Act of an appeal to a jury in respect of compensation for land, a question of disputed compensation required to be determined by a verdict of a jury shall be deemed to have risen within the meaning of the Lands Clauses Consolidation (Scotland) Act, 1845, and all the provisions of that Act contained in sections thirty-seven to fifty-five, both inclusive, so far as they are still in force, shall be deemed to apply, except section fortysix: Provided also, that in the construction of the said sections (1.) Where the local authority appeals, that authority shall be deemed to be the pursuer, and the party entitled to compensation to be the defender; and (2.) Where the party claiming compensation appeals, then in case the verdict of the jury is for a sum exceeding the award of the arbitrator, the local authority shall pay to such party the costs of the trial, such costs to be taxed and ascertained in the same manner as costs are by law ascertained in jury trials before the Court of Session; but in case the verdict of the jury is for a sum not exceeding the award of the arbitrator, the party appealing shall pay to the local authority the costs of the trial, to be taxed and ascertained in manner aforesaid: (3.) Where the local authority is the appellant(1.) Notwithstanding the verdict of the jury may be for a sum less than that awarded by the arbitrator, the local authority shall pay to the other party such sum, not exceeding twenty pounds, for the costs of the trial as the sheriff or sheriff substitute before whom the same is tried shall direct; and, (2.) In case the verdict of the jury is for a sum equal to or exceeding the award of the arbitrator, the local authority shall pay to the other party the costs of the trial, such costs to be taxed and ascertained in manner aforesaid: (4.) The amount of compensation awarded by the arbitrator shall not be communicated to the jury, but they shall be required to make an independent assessment of the amount of compensation to which the party claiming compensation is entitled. Costs of Arbitration. 27. The salary or remuneration, travelling or other expenses of the arbitrator, and all costs, 41 VICTORIA, 1878. charges, and expenses (if any) which may be incurred by the Secretary of State in carrying the provisions of this Act into execution, shall be paid by the local authority; and the amount of such costs, charges, and expenses shall from time to time be certified by the Secretary of State, after first hearing any objections that may be made to the reasonableness of any such costs, charges, and expenses by or on behalf of the local authority; and every certificate of the said Secretary of State certifying the amount of such costs, charges, and expenses, and the amount so certified shall be a debt due from the local authority to the Crown, and shall be recoverable in the same manner as the costs, charges, and expenses contained in any order of the Secretary of State made under section six of the Artizans and Labourers Dwellings Improvement (Scotland) Act, 1875. 28. It shall be lawful for the arbitrator, where he thinks fit, upon the request of any party by whom any claim has been made before him, to certify the amount of the costs properly incurred by such party in relation to the arbitration, and the amount of the costs so certified shall be paid by the local authority; and if within seven days after demand the amount so certified be not paid to the party entitled to receive the same, such amount shall be recoverable as a debt from such local authority, with interest at the rate of five per centum for any time during which the same remains unpaid after such seven days as aforesaid; but no such certificate shall be given where the arbitrator has awarded the same or a less sum than has been offered by the local authority in respect of such clain before the appointment of the arbitrator. Miscellaneous. 17 29. The arbitrator may call for the production of any documents in the possession or power of the local authority, or of any party making any claim under the provisions of this Act, which such arbitrator may think necessary for determining any question or matter to be determined by him under this Act, and may examine any such party and his witnesses, and the witnesses for the local authority, on oath, and administer the oaths necessary for that purpose. 30. If any arbitrator appointed in pursuance of this Act die, or refuse, decline, or become incapable to act, the Secretary of State may appoint an arbitrator in his place, who shall have the same powers and authorities as the arbitrator first appointed, and upon the appointment of any arbitrator in the place of an arbitrator dying, or refusing, declining, or becoming incapable to act, all the documents relating to the matter of the arbitration which were in the possession of such arbitrator shall be delivered to the arbitrator appointed in his place, and the local authority shall publish notice of such appointment in the Edinburgh Gazette. 31. All notices required by this schedule to be published shall be published in some one and the same newspaper circulating within the jurisdiction of the local authority, and where no form of service is prescribed, all notices required to be served or given by the local authority, under this schedule or otherwise, upon any persons interested in and entitled to sell lands, shall be served in manner in which notices of lands proposed to be taken compulsorily for the purpose of this Act are directed by this Act to be served upon owners or reputed owners, lessees or reputed lessees, and occupiers. СНАР. 9. Consolidated Fund (No. 2). ABSTRACT OF THE ENACTMENTS. 1. Issue of 1,537,0471. 6s. 5d. out of the Consolidated Fund for the service of the years ending 31st March 1877 and 1878. 2. Issue of 12,000,000l. out of the Consolidated Fund for the service of the year ending 31st March 1879. 3. Power to the Treasury to borrow. 4. Short title. VOL. LVI.-LAW JOUR. STAT, B 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 eight hundred and seventy-seven, one thousand eight hundred and seventy-eight, and one thousand eight hundred and seventynine. (28th March 1878.) 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 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. The Commissioners of Her Majesty's Treasury for the time being may issue out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, and apply towards making good the supply granted to Her Majesty for the service of the years ending on the thirtyfirst day of March one thousand eight hundred and seventy-seven and one thousand eight 3. The Commissioners of the Treasury may borrow from time to time on the credit of the said sums, any sum or sums not exceeding in the whole the sum of thirteen millions five hundred and thirty-seven thousand and forty-seven pounds six shillings and fivepence, and shall repay the moneys so borrowed, with interest not exceeding five pounds per centum per annum, out of the growing produce of the Consolidated Fund at any period not later than the next succeeding quarter to that in which the said sums were borrowed. Any sums so borrowed shall be placed to the credit of the account of Her Majesty's Exchequer, and shall form part of the said Consolidated Fund, and be available in any manner in which such fund is available. 4. This Act may be cited as the Consolidated Fund (No. 2) Act, 1878. CHAP. 10. ABSTRACT OF THE ENACTMENTS. Number of men to consist of 135,452, including those employed at depots in United Kingdom, but exclusive of those actually serving in India. 1. Articles of War made by Her Majesty to be judicially taken notice of, and copies printed by the Queen's printer to be transmitted to judges, &c. 2. Persons subject to this Act. 3. Provisions of this Act to extend to Jersey, Guernsey, &c. 4. Colonial and foreign troops in Her Majesty's pay to be subject to provisions of this Act. 5. Provision as to the militia or yeomanry or volunteer corps or reserve forces. 6. Power to constitute courts-martial. 7. Place where offenders may be tried. 8. Powers of general courts-martial. 9. Powers of district or garrison courts-martial. 10. Powers of regimental or detachment courts-martial. 11. Courts-martial on line of march or in troop ships, &c. 12. Powers of detachment general courts-martial. 13. As to swearing and summoning of witnesses. Oath to be administered to shorthand writer. 14. No second trial for the same offence, but revision may be allowed. 15. Crimes punishable with death. 16. Judgment of death may be commuted for penal servitude or other punishments. 17. Embezzlement, &c. of stores punishable by penal servitude, or by fine, imprisonment, &c. 18. As to execution of sentences of penal servitude in the United Kingdom. 19. As to execution of sentences of penal servitude in the colonies, India, or elsewhere out of Her Majesty's dominions. 20. A sentence of penal servitude may be commuted for imprisonment, &c. 21. Of forfeitures, when combined with penal servitude. 22. Courts-martial may not sentence to corporal punishment in time of peace. 23. Power to inflict corporal punishment and imprisonment. 24. Power to commute corporal punishment for imprisonment, &c. 25. Power to commute a sentence of cashiering. 26. Power of imprisonment by general, garrison, or district courts-martial. 27. Power of imprisonment by regimental or detachment courts-martial. 28. As to imprisonment of offenders already under sentence. 29. Regulations as to military prisons. 30. As to the custody of military offenders under sentence of court-martial and in other cases. 31. As to the removal or discharge of prisoners in certain cases. 32. Provision for subsistence. 33. Expiration of imprisonment of soldiers in common gaols. 34. Apprehension of deserters. Transfer of deserters. 35. As to the temporary custody of deserters in gaols. 36. Desertion of recruits prior to joining their regiments or corps. 37. Fraudulent confession of desertion. 38. Furlough in case of sickness. 39. No person acquitted or convicted by the civil magistrate or by a jury to be tried by a court-martial for the same offence. 40. Soldiers liable to be taken out of Her Majesty's service only for felony, misdemeanor, or for debts amounting to 30l. and upwards. Soldiers not liable to be taken out of Her Majesty's service for debts under 301., or for breach of contract. 41. Officers not to be sheriffs or mayors, &c. 42. Questions to be put to recruits on enlisting. 43. Recruits, when deemed to be enlisted. 44. When recruits to be taken before a justice. 45. Dissent and relief from enlistment. 46. Attesting of recruits. 47. Recruits, until they have been attested or received pay, not triable by court-martial, but in certain cases punishable as rogues and vagabonds. 48. Attested recruits triable in some cases either before two justices or before a court-martial. 49. Recruits absconding. 50. As to fraudulent re-enlistment. Volunteer permanent staff. Rules for reckoning service. 51. Punishment of persons offending against laws relating to enlistment. 52. Enlistment and re-enlistment and transfer to another corps abroad. 53. Soldiers willing may be transferred to succeeding corps. 54. Soldiers may be transferred from one service to another. 55. Re-engagement of soldiers for a further term. Boon service to be reckoned. 56. Enlistment of negroes. 57. Apprentice enlisting to be liable to serve after the expiration of his apprenticeship. Claims of masters to apprentices. 58. Punishment of apprentices enlisting. 59. Removal of doubts as to attestation of soldiers. 60. Authorised deductions only to be made from the pay of the army. 61. Suspending operation of certain Acts herein recited. 62. Certain requirements of 6 Anne, c. 14. (I.), as to billeting in Ireland, not now necessary. 63. How and where troops may be billeted. 64. Billeting the guards in and near Westminster. 65. Military officers not to act as justices in billeting. 66. Allowance to innkeepers. 67. Interpretation of Act. Powers and regulations as to billets. Exemptions from billets. 68. Supply of carriages. 69. Rates to be paid for carriages, and regulations relating thereto. 70. As to supply of carriages in cases of emergency, &c. 71. Justices empowered to reimburse constables for sums expended by them. 72. Routes in Ireland. 73. Tolls. 74. Ferries. 75. Marching money on discharge. 76. Ordinary course of criminal justice not to be interfered with. Punishment of officers obstructing civil justice. 77. Penalty for disobedience by agents. 78. Penalty on trafficking in commissions. 79. Penalty for procuring false musters. 80. Penalty on unlawful recruiting. 81. Penalty for inducing soldiers to desert. 82. Penalty for forcible entry in pursuit of deserters without warrant. 83. Penalties on aiding escape or attempt to escape of prisoners, and on breach of prison regulations. Certain provisions of Acts for regulating gaols to apply to military prisons. 84. Penalty on keepers of prisons for refusing to confine, &c. military offenders. 85. Penalty on purchasing soldiers necessaries, stores, &c. 86. Penalties on civil subjects offending against the laws relating to billets. On toll collectors demanding toll from officers, soldiers, or for carriages; and on persons personating soldiers, &c. 87. Penalties on the military offending against the laws relating to billets. 88. Penalty on killing game without leave. 89. Form of actions at law. 90. Recovery of penalties. 91. Appropriation of penalties. 92. Mode of recording a soldier's settlement. 93. Licenses of canteens. 94. Attestation of accounts. 95. Commissaries, &c. to attest their accounts. 96. Administration of oaths. Perjury. 97. Offences against former Mutiny Acts and Articles of War. 98. Officers and soldiers to conform to 26 & 27 Vict. c. 57., &c. 99. Where troops are serving beyond the jurisdiction of the courts of requests, &c., actions of debt not exceeding 400 rupees to be cognizable by a military court. 100. Provisions relating to courts-martial on officers and soldiers of Her Majesty's Indian forces. 101. As to trial of officers and soldiers serving in India. 102. Interpretation. 103. Amendment of Army Enlistment Act, 1870. 104. Militia may be attached to regular forces. 105. Yeomanry or volunteers may be attached to regular forces. 106. Liability of soldier to maintain wife and children. 107. Trial of men in army reserve for breach of regulation. When to be deemed deserters. Partial repeal of ss. 15 and 21 of Army Enlistment Act, 1870. 108. Militia deserters, trial of. 109. Militia Reserve. Limitation of engagement. An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters. (16th April 1878.) WHEREAS the raising or keeping 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 Her 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 Her Majesty's Crown, and that the whole number of such forces should consist of one hundred and thirty-five thousand four hundred and fifty-two men, including those to be employed at the depôts in the United Kingdom of Great Britain and Ireland for the training of recruits |