cHAP. Xx] MILITARY AND NAVAL DEFENCE 1269
which when serving in other parts with Imperial troops the
Imperial Act is to apply, and the Army Act is generally
applicable under s. 71 of Revised Statutes, 1906, c. 41, to the
Canadian forces, while in time of active service in Canada
or the Commonwealth with Imperial troops the Governor-
General on behalf of His Majesty may place the troops under
the command of a senior officer of the regular army if
deemed desirable. But in no case are the Dominion forces
bound to serve beyond the limits of the Dominion without
their consent, and all the troops employed at Suakim in 1885
and in the South African War were voluntarily enlisted. In
every case if the citizen forces are called out, Parliament, if
not sitting, must be summoned.
For the government of such forces on the voyage to and
from South Africa and while in the Colonies there was some
doubt as to the legal authority. Hence in 1909-10 court-
martial 2 warrants were issued to all the Governor-Generals
and the Governor of New Zealand, giving power to convene
and confirm general courts martial held within the Dominion
for offences against the Army Act. This, it was explained,
applied to offences committed by persons enlisted in the
Dominion under the Army Act, or to offences committed by
persons raised under a local Act but serving under the
Army Act. Moreover, a Governor could issue a warrant to
the senior officer in charge of troops embarked in the
Dominion if subject to the Army Act, allowing him to
convene and confirm district courts martial, which warrant
would cease to have effect when the troops landed at their
destination. For the return voyage the general commanding
at the port of embarkation would give a warrant to the
officer for the purpose of the journey.
§ 2. Navan DEFENCE
The defence of the Dominions from external attack has
never yet been laid upon them by the Imperial Government.
The result is that in naval matters comparatively little
' Cf. New South Wales Act No. 12 of 1809; Napier v. Scholl, 1904
S. A. L. R. 73, at p. 88 ; Commonwealth Act No. 15 of 1909, s. 9.
* See New Zealand Parl. Pap., 1910, A. 2, p. 47.
