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emption of such child from the obligation to attend school if one of Her Majesty's Inspectors certifies that such child has reached a standard of education specified in such byelaw. Any of the following reasons shall be a reasonable excuse; namely,

1. That the child is under efficient instruction in some other manner:

2. That the child has been prevented from attending school by sickness or any unavoidable cause:

3. That there is no public elementary school open which the child can attend within such distance, not exceeding three miles, measured according to the nearest road from the residence of such child, as the byelaws may prescribe.

'The school board, not less than one month before submitting any byelaw under this section for the approval of the Education Department, shall deposit a printed copy of the proposed byelaws at their office for inspection by any ratepayer, and supply a printed copy thereof gratis to any ratepayer, and shall publish a notice of such deposit.

'The Education Department before approving of any byelaws shall be satisfied that such deposit has been made and notice published, and shall cause such inquiry to be made in the school district as they think requisite.

'Any proceeding to enforce any byelaw may be taken, and any penalty for the breach of any byelaw may be recovered, in a summary manner; but no penalty imposed for the breach of any byelaw shall exceed such amount as with the costs will amount to five shillings for each offence, and such byelaws shall not come into operation until they have been sanctioned by Her Majesty in Council.

'It shall be lawful for Her Majesty, by Order in Council, to sanction the said byelaws, and thereupon the same shall have effect as if they were enacted in this Act.

'All byelaws sanctioned by Her Majesty in Council under this section shall be set out in an appendix to the annual report of the Education Department.'

Martial Law.-Martial Law, or that which might with much greater propriety be termed 'Martial Rule,' may be defined to be that independent exercise of discretion, uncontrolled by the ordinary rules of the Civil Laws relating to life and property, which the Sovereign, when in extremity, is justified in using. It corresponds with the natural right of self-preservation, which is recognised and conceded by every civilized nation to each individual-quod necessitas cogit defendit. Whether the Sovereign, or the persons to whom sovereign power is delegated, are or are not justified by the circumstances of the particular case, in resorting to this extreme measure, must, it would appear, be a mere matter of opinion, the opinion of the sovereign person so acting being prima facie entitled to the chief consideration; or, in other words, clear proof of mala fides would appear to be required in order to justify his being held guilty or punishable for so acting. An obvious want of ordinary discretion would, however, indicate the necessity of the immediate removal of any person so defective from a trust of such magnitude. The Duke of Wellington said, 'Martial Law1 is neither more nor less than the will of the general who commands the army. In fact, Martial Law means no law at all. There

1 The reader is referred to M'Arthur on Courts-Martial, and Simmons on Courts-Martial.

fore the general who declared Martial Law, and commanded that it should be carried into execution, was bound to lay down distinctly the rules, regulations, and limits according to which his will was to be carried out.'1 The effect of a proclamation of Martial Law is notice to the inhabitants that the executive Government has taken upon itself the responsibility of suspending the jurisdiction of all ordinary tribunals for the protection of all life, person, and property, and has authorized the military authorities to do whatever they may think expedient for the public safety.

Proceedings by Courts Martial must not be confounded with Martial Law. 'Martial Law is quite a different thing from ordinary military law, and is founded on paramount necessity, and proclaimed by a military chief." Courts martial are parts of the recognized judicatures of the realm, whose jurisdiction is confined to the military and naval forces of the Crown. In Walton v. Gavin, 16 Q. B. 61, Lord Campbell, C. J., said, 'None are bound by the Mutiny Acts or the Articles of War, except Her Majesty's forces; and I am most anxious, as a constitutional Judge, that this should be fully understood to be my opinion." Under Martial Law

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the trial may be by court-martial, but it is not necessarily so.4

1 Hansard's Parliamentary Debates, vol. cxv. p. 880.

2 Kent's Com. i. p. *341, note (a).

3 See Wolfe Tone's Case, 27 State Tr., p. 615.

4 Forsyth's Cases and Opinions on Constitutional Law, p. 208.

445

APPENDIX.

INDICTABLE OFFENCES CLASSIFIED WITH THE VARIOUS ACTS RESPECTING THEM.

I. OFFENCES AGAINST THE STATE.

Treasons: 25 Edw. III. st. 5, c. 2; 7 & 8 Will. III. c. 3; 7 Anne, c. 21, ss. 10, 11; 20 Geo. II. c. 30; 36 Geo. III. c. 7, ss. 1, 5, 6; 39 & 40 Geo. III. c. 93; 54 Geo. III. c. 146; 57 Geo. III. c. 6; 5 & 6 Vic. c. 51; 11 & 12 Vic. c. 12. -Felonious

Compassing to Levy War, &c.: 11 & 12 Vic. c. 12, s. 3.————Inciting to Mutiny: 37 Geo. III. c. 70.- -Unlawful Oaths: 37 Geo. III. c. 123; 52 Geo. III. c. 104.- - Illegal Training and Drilling: 60 Geo. III. & 1 Geo. IV. c. 1. Serving Foreign States: 59 Geo. III. c. 69; 33 & 34 Vic. c. 90.Coinage Offences: 24 & 25 Vic. c. 99.- -Embezzling Queen's Stores: 27 & 28 Vic. c. 91-recites the other Acts or parts of Acts not repealed.—Attempts to Injure or Alarm the Queen: 5 & 6 Vic. c. 51, s. 2. Seditious Libels: 60 Geo. III., & 1 Geo. IV. c. 9; 11 Geo. IV., & 1 Will. IV. c. 73. - Smuggling: 16 & 17 Vic. c. 107, ss. 244-250, 268, 269, 275-277, 301-308.- Refusing to execute a Public Office: see Archbold's Pleading and Evidence in Criminal Cases, p. 392. Nuisances-To Highways; 5 & 6 Will. IV., c. 50, s. 95; 4 & 5 Vic. cc. 51, 59; 8 & 9 Vic. c. 71; 11 & 12 Vic. c. 123; 25 & 26 Vic. c. 61;-To Turnpike Roads: 3 Geo. IV. c. 126; 4 Geo. IV. c. 95; 4 & 5 Vic. cc. 33, 51;-To Bridges: 55 Geo. III. c. 143,

II. OFFENCES AGAINST PUBLIC JUSTICE.

Escape, Prison Breach, and Rescue: 1 Edw. II. st. 2; 16 Geo. II. c. 31; 1 & 2 Geo. IV. c. 88; 4 Geo. IV. c. 64, ss. 43, 44.Returning from Transportation: 5 Geo. IV. c. 84, ss. 22—24; 4 & 5 Will. IV. c. 67.-Perjury and Voluntary Oaths: 5 Eliz. c. 9; 2 Geo. II. c. 25, s. 2; 23 Geo. II. c. 11; 5 & 6 Will. IV. c. 62, s. 13; 14 & 15 Vic. c. 100, ss. 19-22.- -Assaulting, &c. Officers of Justice: 24 & 25 Vic. c. 100, ss. 37, 38.- -Shooting at and Assaulting Officers of the Customs: 16 & 17 Vic. c. 107, ss. 249, 251.- -Riot: 1 Geo. IV. st. 2, c. 5; 24 & 25 Vic. c. 97,

ss. 11, 12.

Perjury and Voluntary Oaths: 5 Eliz. c. 9; 2 Geo. II. c. 25, s. 2; 23 Geo. II. c. 11; 5 & 6 Will. IV. c. 62, s. 13; 14 & 15 Vic. c. 100, ss. 19-22.

III. OFFENCES AGAINST THE LAW OF NATIONS.

Piracy: 11 Will. III. c. 7;

4 Geo. I. c. 11; 8 Geo. I. c. 24;

12 Geo. III. c. 20; 18 Geo. II. c. 30; 7 Will. IV. & 1 Vic.

c. 88; 13 & 14 Vic. c. 26.- Slave Trading: 5 Geo. IV. c. 113; 6 & 7 Vic. c. 98. -Violation of Safe-conduct or Passports: Magna Carta, s. 41 et seq; see Steph. Com., vol. iv. p. 297 et seq.

IV. OFFENCES AGAINST PUBLIC MORALITY.

1. In the matter of Religion.

1 Eliz. c. 2; but these do

Blasphemy: 1 Edw. VI. c. 1; not alter the Common Law.--Blasphemous Libels: 60 Geo. III. & 1 Geo. IV. c. 8; 11 Geo. IV. & 1 Will. IV. c. 73.Obstructing Clergymen in the Discharge of their Duty: 24 & 25 Vic. c. 100, s. 36.——Disturbing Public Worship: 52 Geo. III. c. 155, ss. 2, 12; 23 & 24 Vic. c. 32.

2. The Relation of the Sexes.

24 & 25 Vic. c. 100:-Bigamy: s. 57. Abduction of a Woman on account of her Fortune: s. 53. Abduction of a Girl under Sixteen Years of Age: s. 55. Rape: s. 48–52. Carnal Knowledge defined: s. 53. Procuring the Defilement of a Female : 8. 49. Carnally Abusing Children: ss. 50, 51. Attempting to procure Abortion: ss. 58, 59. Indecent Assault: s. 52.

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