Militia Reserve Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 111 |
| Year | 1867 |
Militia Reserve Act, 1867.
(30 & 31 Vict.) C A P. CXI.
An Act to form a Reserve of Men in the Militia to join Her Majesty's Army in the event of War.
[20th August 1867]
W HEREAS it is expedient to authorize the Enlistment of a Portion of the Militia for Service in Her Majesty's Army in the event of War, and for that Purpose to make such Provisions as are herein-after contained:
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 Short Title.
1. This Act may be cited as ‘TheMilitia Reserve Act, 1867.’
2 Interpretation of Terms.
2. In this Act the following Expressions shall have the Meanings hereby assigned to them respectively, unless there be something in the Subject or Context repugnant to such Construction:
‘The Secretary of State’ means One of Her Majesty's Principal Secretaries of State:
‘Regiment’ includes Battalion, Corps, and Company:
‘Mutiny Act’ means the Act for the Punishment of Mutiny and Desertion, and for the better Payment of the Army and their Quarters, for the Time being in force:
‘Articles of War’ means the Articles of War for the Time being in force under the Authority of the Mutiny Act.
3 Establishment of Militia Reserve.
3. The Secretary of State may cause to be enlisted from Time to Time under this Act such Men from the Militia of the United Kingdom as may be willing, with the Consent of the Commanding Officers of their respective Regiments, so to enlist themselves:
The total Number of Men enlisted under this Act from the respective Militias raised inEngland, Scotland , and Ireland shall not at any One Time exceed in Number One Fourth Part of the respective Quotas of Private Militiamen for the Time being fixed by Law to be raised therein respectively:
Subject to the Limitation herein-before contained, the Secretary of State may fix, it his Discretion, by Order under his Hand, the greatest Number of Militiamen that may for the Time being be enlisted as aforesaid out of each or any Regiment of Militia.
4 Term and Mode of Enlistment.
4. Every Man to be enlisted under this Act shall be so enlisted for the Term of Five Years, and further to serve until he is legally discharged, if, at the Expiration of such Term, he is upon Army Service, and shall be attested accordingly before a Justice of the Peace as in the Case of ordinary Army Enlistment, save as otherwise provided by any Regulations made under this Act.
5 Militia Engagement extended on Enlistment under this Act.
5. The then existing Engagement in the Militia of any Man who is enlisted under this Act shall be deemed extended for the Term of Five Years for which he is so enlisted, and he shall accordingly, save as herein otherwise provided, be deemed for all Purposes a Militiaman during such Term in like Manner as if he had been lawfully and duly enrolled to serve for such Term in the Militia Regiment to which he formerly belonged; and upon his becoming subject as herein-after provided to Army Service, but not before, his Place in the Militia shall be deemed vacant, and be filled up as by Law provided in relation to casual Vacancies in the Militia.
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