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Enlistment

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Either the complete act of entering into mi Utai-y service, or the first step taken toward that end. 3 A technical term, derived from Great Britain. In the English Cyclopsedia, defined to be "a voluntary engagement to serve as a private soldier for a certain number of years." Chambers defines it as "the means by which the English army is supplied with troops as distinguished from the conscription prevailing in many other comitries." * Has never included entry into service under commission as an officer.' Public policy requires that a minor be at liberty to enter into a contract to serve the state, wherever such contract is not positively forbidden by the state itself. This at least is the common law of England.' Eev. St., §§ 1116-17, authorizes enlistment in the army of men above the age of sixteen, no person under twenty-one to be mustered into service without the written consent of his parents or guardian. A contract made by a minor over sixteen, without consent, can be avoided only by his parents, they claiming his custody before majority.' Habeas corpus is the judicial proceeding to secm'e release of a minor whose parents did not consent to his enlisting.

3 See Desertion, 3.