§ Sir E. LAMBasked the Under-Secretary of State for War why Mr. Arthur S. Wood and Mr. Frederick P. Wood, who are whole-time mission preachers belonging to the Church of England, have been called up for service with the Colours; whether he is aware that a writ has been issued in Chancery for a declaration of the Law as to their legal status under the 1981W Military Service Acts; and if he will undertake that these preachers will not bf arrested and no summonses will be issued against them as absentees pending a decision of the High Court of Chancery on the subject?
§ Mr. MACPHERSONI am informed that Mr. Arthur S. Wood and Mr. Frederick P. Wood claim to be excepted from the liability to military service as whole-time mission preachers belonging to the Church of England and have been called up for military service. In the event of their failing to comply with the notice calling them up for service they will be given every opportunity of having the question of their liability to military sear-vice decided by a Civil Court, in accordance with the provisions of Section 1 (2) of the Military Service Act, 1916. It is a fact that Mr. Arthur S. Wood and Mr. Frederick P. Wood have issued writs against the Attorney-General in the Chancery Division asking for various declarations that they are not liable to military service, but the Recruiting authorities have been advised that the fact that a man has issued a writ in the Chancery Division asking for a declaration that he is not liable to military service does not preclude the military authorities from having the man arrested and brought before a Court of summary jurisdiction if he has failed without reasonable cause to comply with a notice calling him up for military service. I must remind my hon. Friend that Section 1 (2) of the Military Service Act, 1916, provides that the Army Act and any Orders and Regulations made thereunder shall apply to a man who is deemed to have been enlisted and transferred to the Reserve, and if any question arises in any legal proceedings under any of those Acts, Orders, or Regulations, whether any man is a man who is deemed to have been enlisted and transferred to the Reserve or not, the question shall be decided only on proceedings before a Civil Court, and the Army Act, 1881, defines a Civil Court as being a Court of ordinary criminal jurisdiction and includes a Court of summary jurisdiction. As Messrs. Wood have failed to report for service, summonses will be applied for in order to bring the matter to a decision before a Civil Court at once in accordance with the Acts.