SOLDIER OR CIVILIAN?

Auckland Star, Volume XXIX, Issue 148, 25 June 1898, Page 4 (Supplement)

SOLDIER OR CIVILIAN?

The Bedfordshire volunteer Marks, avlio was arrested on a charge of theft a year ago on the breaking up of the military camp at Shoraclifle and handed over to the police at .Heme!, Hempstead, and avlio, after an acquittal brought an action (Marks v. Frog and others) against- the lance-corporal and two privates of his corps who acted iiK his escort, and against- whom he obtained a verdict of £300 damages for false imprisonment, is not. to get his damages after ail. Mr Justice Kennedy had held that, although the captain's order to arrest Marks AA'as a lawful one, the volunteers on leaving Shornclifl'e camp ceased to be trained or exercised with the regular forces, and therefore became civilians, and no longer subject to military IaAV. The. Court of Appeal, consisting of Lords Justices A. L. Smith, Ohitty, ancl Collins, to whom the defendants appealed, have, however, taken a different view from Mr .Justice Kennedy, and have reversed his decision. Mr Justice Smith, in the coarse of a learned investigation of the whole subject, came to I lie conclusion that 'entraining' and 'detraining' of a regiment i.s a military exercise, and that the volunteer regiment of Avhich Marks and liis escort, were members continued to be subject to military law until it and its component parts were dismissed from being any longer under arms. He was also of opinion that, section 158 of the Army Act, IHSI, was fatal to Marks' case. 11 enacts that where an oHence under Hie Act litis been committed by any person while subject to military law. he may be taken info and kept in military custody and tried and punished, although his corps lias ceased to be subject to military law: and Mr .Justice Smith thought that the section meant not only where, an offence had been actually committed, but when* it was also alleged to have been committed. Marks had under the Army Act of ISSI been taken into military custody, and section .:; of that Act provided him with a remedy in Ihe shape of allowing him a complaint lo successive superior oflieers for the redress of his wrongs. The three soldiers of our Queen who formed Marks' guard have, on his undertaking not to appeal, asked for no costs of the appeal. This was probably not out of a feeling of esprit de corps, but because they had the War Ollice at their back.' The .jtidf/mrti. <pt*the Court of Apilnal is consonant with common sense ami the maintenance of "discipline.