HC Deb 12 August 1859 vol 155 c1385
COLONEL DUNNE

said, he rose to call the attention of the House to the practice of orders being sent from the War Department to Officers commanding Militia Regiments to release deserters from their corps who have enlisted into the Line; and to ask the Secretary of State for War if such a practice is not contrary to the Articles of War?

MR. SIDNEY HERBERT

said, there could be no doubt that, whether politic or impolitic, the practice was strictly legal; because it was laid down in the Mutiny Act that a deserter from the Militia who enlisted in the Line was to be received, but that his time in the army was not to count till the time for which he had enlisted in the Militia was expired.

COLONEL DUNNE

But how does the right hon. Gentleman get over the perjury of these men?

MR. SIDNEY HERBERT

I don't get over it at all. The question is how the law gets over it.