enlistment

By enlistment the citizen becomes a soldier. His relations to the State and the public are changed. He acquires a new status, with correlative rights and duties; and although he may violate his contract obligations, his status as a soldier is unchanged.

The act of making a codtract to serve the government in a subordinate capacity, either in the army ol" navy. It may signify either the complete fact of entering into the military service, or the first step taken by the recruit towards that end. 8 Allen (Mass.) 485. The contract so made is also called an "enlistment." See, as to the power of infants to enlist, 4 Bin. (Pa.) 487; 5 Bin. (Pa.) 423; 6 Bin. (Pa.) 255; 1 Serg. & R. (Pa.) 87; 11 Serg. & R. (Pa.) 93. ENORMIA (Lat.) Wrongs. It occurs In the old Latin forms^ of pleading, where, after a specific allegation of the wrongs done by the defendant, the plaintiff alleges generally that the defendant did alia enormia (other wrongs), to the damage, etc. 2 Greenl. Ev. § 278; 1 Chit. PI. 397. See "Alia Enormia."

The act of making a contract to serve the government iu a subordinate capacity, either in the army or navy. The contract so made is also called an enlistment. A drafted man is said to be "eulisted" as well as a volunteer, but the term does not apply to one entering the army under a commission; Inhabitants of Sheffield v. Inhabitants of Otis, 107 Mass. 282; Billiard v. Stewartstown, 48 N. II. 280. Th< otract of enlistment involves a change in the status will, though he may violate his contract: In re Grimley, 137 Q. S. 147, 11 Sup. Ct. 54, 34 L. Ed 636. Fraudulent enlistment is an off< Ishable by general court-martial; A I ••tween the ages of 16 and 18 are authorized to enlist if they have the consent of their parents or guardians; R. S. 1419. But a minor who has been enlisted in either service without the consent of his par ents or guardian is both de facto and dr jure in the service, and is liable to be tried and punished for any infraction of the regulations. The lack of such consent will require his discharge from the service, but it will not absolve him from punishment for offences committed while in the service; Dillingham v. Booker, L63 Fed. 696, 90 C. C. A 280, IS L. R. A. (N. S.) 956, 16 Ann. Cas. 127; U. S. v. Reaves, 126 Fed. 127, GO C. C. A. 675; In re Scott, 144 Fed. 79, 7.", < '. c. a. 237; In re Lessard, 134 Fed. 305. But in Ex parte Lisk. 145 Fed. 8G0, it was held that where the statute required the consent of the parents, and such consent was not given, the minor was not a person "belonging to the navy," and the naval authorities could not detain him in custody with a view to having him tried by a naval court-martial for fraudulent enlistment, when the real issue was his legal right to enter the navy, and whether he was lawfully therein or not; followed in Dillingham v. Bakley, 152 Fed. 1022, 82 C. C. A 659, affirming Ex parte Bakley, 14S Fed. 50. Where the jurisdiction of the civil courts has attached in habeas corpus proceedings before charges are preferred against a minor for fraudulent enlistment and an arrest made, he is entitled to be discharged; Ex parte Houghton, 129 Fed. 239; contra. Ex parte Lewkowitz, 163 Fed. 046. In V. S. v. Wright, 5 Phila. 299, Fed. Cas. No. 16,778, it was held the enlistment of a minor without his parents' consent was illegal, and his subsequent desertion was but a disclaimer of his contract, which be had a right to make, citing and following Com. v. Fox, T Pa. 336. But the right to a discharge is denied to a minor, himself the petitioner, on the ground that the contract was valid so far as the minor himself is concerned; In re Moirissey, 137 U. S. ir,7. 11 Sup. Ct. 57,.".1 L. Ed. 644; In re Hearn, 32 Fed. 141. See 22 II. I.. K. 144. A federal court may discharge on habeas corpus; I0x parte Sehmeid. 1 In' Fed. Cas. No. 12,461: but not a state court: Tarble's Case, 13 Wall. (U. S.) 397, 20 L. Ed 597. The receipt of pay seems to be tantamount to an enlistment or perhaps evidence th( Art. of War 17 provides for the punishment of "any soldier who. having received pay or having been duly enlisted," etc., "deserts," etc. In Re Grimley, 137 I". S. 147, 11 Sup. Ct 54, 34 I.. Ed. 636, it was held that taking the oath of enlistment "was the pivotal fact ENORMIA (Lat). Wrongs. See Alia Enormia. ENQUETE or ENQUEST. In Canon Law. An examination of witnesses in the presence of a judge authorized to sit for this purpose, taken in writing, to be used as evidence in the trial of a cause. The day of hearing must be specified in a notice to the opposite party; 9 Low. C. 392. It may be opened, in some cases, before the trial; 10 Low. G. 19.

The act of one who voluntarily enters the military or naval service of the government, contracting to serve ina subordinale capacity. The words “enlist” aud “enlistment, ” in law, as in common usage, may signify either the complete fact of entering into the military service, or the first step taken by the recruit towards that end. When vsed in the former sense, as in statutes conferring aright to compel the military service of enlisted men, the enlistment is not deemed completed until the man has been mustered into the service. 8 Allen, 480. Enlistment does not include the entry of a person into the military service under a commission as an officer. 48 N. H. 250. Enlisted applies to a drafted man as well asa volunteer, whose name is duly entered on the military rolls. 107 Mass. 282.

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.