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 (4.) The amount of compensation awarded by the arbitrator shall not be Costs of Arbitration. 27. The salary or remuneration, travelling or other expenses of the arbitrator, and all costs, 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 38 & 39 Vict. section six of the Artizans and Labourers Dwellings Improvement (Scotland) Act, 1875. c. 49. 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 claim before the appointment of the arbitrator. Miscellaneous. 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. CHAPTER 9. An Act to apply certain Sums out of the Consolidated WE, Most Gracious Sovereign, E, 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: 6s. 5d. out of 1. The Commissioners of Her Majesty's Treasury for the time Issue of being may issue out of the Consolidated Fund of the United King- 1,537,047. dom of Great Britain and Ireland, and apply towards making good the Consoli the supply granted to Her Majesty for the service of the years dated Fund for ending on the thirty-first day of March one thousand eight hundred the service of and seventy-seven and one thousand eight hundred and seventy- the years ending 31st March eight, the sum of one million five hundred and thirty-seven thousand 1877 and 1878. and forty-seven pounds six shillings and fivepence. out of the Con 2. The Commissioners of Her Majesty's Treasury for the time Issue of being may issue out of the Consolidated Fund of the United King- 12,000,0007. dom of Great Britain and Ireland, and apply towards making good solidated Fund the supply granted to Her Majesty for the service of the year ending for the service on the thirty-first day of March one thousand eight hundred and of the year endseventy-nine, the sum of twelve million pounds. ing 31st March 1879. Power to the Treasury to borrow. Short title. 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 thirtyseven 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. WE CHAPTER 10. An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters. [16th April 1878.] HEREAS 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 Number of men 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 for service at home and abroad, but exclusive of the numbers actually serving within Her Majesty's Indian possessions: to consist of 135,452, including those employed at depôts in United King dom, but exclusive of those actually serving in India. Articles of War made by Her Majesty to be judicially taken notice of, and copies printed by the Queen's 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 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 beforementioned forces and other persons specified in this Act in their duty, that an exact discipline be observed, and that soldiers who shall mutiny or stir up sedition, or shall desert Her Majesty's service or be guilty of crimes and offences to the prejudice of good order and military discipline, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow : 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. It shall be lawful for Her Majesty to make Articles of War for the better government of Her Majesty's army, which articles shall be judicially taken notice of by all judges and in all courts whatsoever; and copies of the same, printed by the Queen's printer, shall as soon as may be after the same shall have been made and established by Her Majesty, be transmitted by Her Majesty's Secretary of State for the War Department to the judges of Her printer to be Majesty's superior courts at Westminster, Dublin, and Edinburgh transmitted to judges, &c. respectively, and also to the governors of Her Majesty's dominions abroad: Provided that no person within the United Kingdom of Great Britain and Ireland, or within the British Isles, shall by such Articles of War be subject to suffer any punishment extending to life or limb, or to be kept in penal servitude, except for crimes which are by this Act expressly made liable to such punishments as aforesaid, or shall be subject, with reference to any crimes made punishable by this Act, to be punished in any manner which shall not accord with the provisions of this Act: Provided also, that nothing in this Act contained shall in any manner prejudice or affect any Articles of War or other matters made, enacted, or in force, or which may hereafter be made, enacted, or in force, under the authority of the Government of India, respecting officers or soldiers or followers in Her Majesty's Indian army, being natives of India; and on the trial of all offences committed by any such native officer or soldier or follower, reference shall be had to the Articles of War framed by the Government of India for such native officers, soldiers, or followers, and to the established usages of the service. 2. All the provisions of this Act and any Articles of War made Persons subject in pursuance of this Act, shall apply to all persons who are or shall to this Act. be commissioned or in pay as an officer, whether of the regular forces or the militia, or who are or shall be listed or in pay as a non-commissioned officer or soldier, and to all warrant officers, and to all persons employed on the recruiting service receiving pay, and all pensioners receiving allowances in respect of such service, and to persons who are or shall be hired to be employed in the royal artillery, royal engineers, and to master gunners, and to conductors of stores, and to the corps of royal military surveyors and draftsmen, and to all officers and persons who are or shall be serving in the commissariat and ordnance store departments, and to officers and soldiers serving in the army hospital corps, or the army service corps, and to persons in the War Department, who are or shall be serving with any part of Her Majesty's army at home or abroad, under the command of any commissioned officer, and (subject to and in accordance with the provisions of an Act passed in the thirtieth and thirty-first years of the reign of Her present Majesty, chapter one hundred and ten,) to any out-pensioners of the Royal Hospital, Chelsea, who may be called out on duty in aid of the civil power, or for muster or inspection, or who having volunteered their services for that purpose shall be kept on duty in any fort, town, or garrison, and to all civil officers who are or shall be employed by or act under the Secretary of State for War at any of Her Majesty's establishments in the islands of Jersey, Guernsey, Alderney, Sark, and Man, and the islands thereto belonging, or at foreign stations; and all the provisions of this Act shall apply to all persons belonging to Her Majesty's Indian forces who are or shall be commissioned or in pay as officers, or who shall be listed or in pay as non-commissioned officers or soldiers, or who are or shall be serving or hired to be employed in the artillery or any of the trains of artillery, or as master gunners or gunners, or as conductors of stores, or who Provisions of this Act to sey, Guernsey, &c. are or shall be serving in the department of engineers, or in the corps of sappers and miners, or pioneers, or as military surveyors or draftsmen, or in the ordnance or public works or commissariat departments, and to all storekeepers and other civil officers employed under the ordnance, and to all veterinary surgeons, medical storekeepers, apothecaries, hospital stewards, and others serving in the medical department of the said forces, and to all licensed sutlers, and all followers in or of any of the said forces; provided that nothing in this Act contained shall extend to affect any security which has been or shall be given by any officers, or their sureties, for the due performance of their respective offices, but that all such securities shall be and remain in full force and effect: And this Act, and any Articles of War made in pursuance of this Act, shall apply to all persons receiving pay as members of the permanent staff of any militia, yeomanry, or volunteer regiment or corps, and to all persons being enrolled in the militia who are attached for purposes of instruction, or otherwise, to a regiment or body of troops of the regular forces, and to all militia recruits and other persons in the militia receiving pay during the period of preliminary training, when the militia battalions to which they belong are not for the time being out for training and exercise, and to any officer of the yeomanry or volunteer forces, whether in receipt of pay or otherwise, during and in respect of the time when with his own consent he may be attached to or doing duty with any body of troops then subject to this Act, whether of the regular, reserve, or auxiliary forces, or to any such officer when ordered on duty by the military authorities, and to all men enrolled in the reserve force when called out for training or exercise, or when kept on duty having volunteered their services, or when called out in aid of the civil power, or when called out on permanent service under Her Majesty's proclamation, and to all men enrolled in the army reserve during and in respect of other periods to the extent and in the manner provided in the one hundred and seventh section of this Act: And all such persons shall, during such periods, and in respect of offences committed during such periods, be deemed to be part of the regular forces for the purposes of this Act in respect of billeting, discipline, trial, and punishment. 3. This Act shall extend to the islands of Jersey, Guernsey, Alderney, Sark, and Man, and the islands thereto belonging, as to extend to Jer- the provisions herein contained for enlisting of recruits, whether minors or of full age, and swearing and attesting such recruits, and for mustering and paying, and as to the provisions for the trial and punishment of officers and soldiers who shall be charged with mutiny and desertion, or any other of the offences which are by this Act declared to be punishable by the sentence of a courtmartial, and also as to the provisions which relate to the punishment of persons who shall conceal deserters, or shall knowingly buy, exchange, or otherwise receive any arms, medals for good conduct or for distinguished or other service, clothes, military furniture, or regimental necessaries from any soldier or deserter, or who shall cause the colour of any such clothes to be changed, or who shall aid in the escape of a prisoner from a military prison, or who shall introduce forbidden articles into such prison, or shall carry out any |