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1^ 
 
 National Library Bibliotheque nationale 
 of Canada du Canada 
 
A. CA-TEICHISM 
 
 ON 
 
 MILITARY LAW 
 
 AS AI'PUCAnLE TO THK 
 
 MILITIA OF CANADA, 
 
 CONSISTIXO OP 
 
 QUESTIONS AND ANSWERS 
 
 ON , ^ ■ 
 
 THE MILITIA ACT, 1883; RULES AND REGULATIONS FOR THE 
 MILITIA, 1883 ; THK ARMY ACT, 1881 ; RULES OE PRO- 
 CEDURE, 1881 ; QUEEn's KKGULATIONS, 1883 : 
 
 TO(;KTnER WITH a COMIMLATION OF TIIK 
 
 PRINCIPAL POINTS OF THE LAW OF EVIDENCE. 
 
 BY 
 
 MAJOR PENNINGTON MACPIIERSON, 
 
 GOVERNOR G/uVRRAL'S FOOT GUARDS. 
 
 EXAMINKD AM) AI'PUOVKD I«Y 
 
 Major General SIR FREDERICK MIDDLETON, K.C.M.G 
 
 PUBLISHED BY JOHN J.OVELL k SON. 
 
 1886. 
 
 mtm 
 
h3 
 
 Entered according to Act of Parliament of Canada, in the year 
 One Tiiousand Eiglit Hundred and Eighty-Six, by Major James 
 Pexnington MacPuerson, in the Office of the Minister of Agri- 
 culture. 
 
I 
 
 ■ » ■< ■!■— I lll^ l i^ 
 
 I 
 
 4TH Military District 
 REFERENCE LIBRARY 
 
 TO THE 
 
 K.C<M.G>) 
 MlSlSTEll OF MILITIA AND DEFENCE^ 
 
 This Volume is (by special permission) re.«pectfl'llv 
 dedicated, as a small token of appreciation for the 
 energy, zeal and ability displayed in the performance 
 of the responsible duties of his uigii position during 
 
 THE Must CRITICAL AND EVENTFUL PERIOD THAT HAS EVER 
 OCCURRED IN THE HISTORY OF THE DOMINION OF CaNADA, 
 
 BY HIS VERY OBEDIENT SERVANT, 
 
 TII13 AUTHOIl, 
 
ABBREVIATIONS USED. 
 
 CO. . . Coimnanding Officer. * 
 
 CM. . . Court Martial. 
 
 N. C. 0. . Noil- Commissioned Officer. 
 
 M. A. 10. . Section 10, Militia Act. 
 
 R. A; 0. 14. Paragraph 14, Regulations and Orders, 1883. 
 
 A. A. 5. . Section 5, Army Act, 1881. 
 
 R. O. P. 4. Rule 4, Rules of Procedure, 1881. 
 
 Q. R. VI. 24. Paragraph 24, Section G, Queen's Regulations, 1883. 
 
 M. M. L. . Official Manual of Military Law. 
 
PREFACE. 
 
 My own experience of the difficulties attending the 
 study of Military Law, as appliciible to the Militia 
 of Canada, has led nie to believe that a work on the 
 subject would be welcomed by my brother officers and 
 the members of the force generally. 
 
 It is a heavy task for the student to master such 
 large volumes as the Queen's Kegulations, the Army 
 Act and Rules of Procedure, or to extract from them 
 the information of which he is in search. These books 
 cover every conceivable point that could possibly arise 
 in every branch of the British Army and in every 
 part of the globe in which it may be quartered, and 
 consequently much of their contents do not apjily in 
 Canada. 
 
 There are in England many works on the subject ; of 
 great merit and of a scope far beyond that at which I 
 aim, but these, of necessity, present much the same 
 features as the books on which they are founded, and 
 do not, of course, contain any reference to our own 
 Militia Act, or Regulations and Orders, which is the 
 first authority we are required to obey. 
 
 I My object has been to present, in the form ol a 
 simple and concise Catechism, those portions of the 
 
6 
 
 PllEFACE. 
 
 law which every ofiicer ought to know, and which he 
 might find himself called upon to administer. 
 
 Beside each question I have given the authority for 
 the answer, so that the reader may turn up the original, 
 should he require confirmation or further information. 
 
 I have confined myself as much as possible to the 
 above mentioned authorities, but where they did not 
 cover the points I desired to bring forward, I have 
 availed myself of the admirable works of Major Gorham 
 and Major Sisson Pratt. The chapter on Evidence has 
 been compiled from " Taylor on Evidence." 
 
 In conclusion, I desire to express my grateful thanks 
 
 to Major-General SirJFrederick Middleton for the time 
 
 spent and trouble taken in minutely examining the 
 
 manuscript of the workjprevious to publication, and 
 
 for the valuable suggestions in connection therewith 
 
 which his great practical experience enabled him to 
 give. 
 
MILITARY LAW. 
 
 CHAPTEll I. 
 
 I N TRO DUCT O RY. 
 
 Q. 1. What is Military law? " Military law 
 
 A. Military law, as distinj^uishcd from Civil law, tit'fined. 
 is the law relating to and aduiinistcrcd by Military 
 Courts, and concerns itself with the trial and pun- 
 ishment of offences committed by officers, soldierf", 
 and other persons (e. ^., sutlers and camp followers), 
 who are, from circumstances, subjected, for the time 
 being, to the same law as soldiers. 
 
 Q. 2. What necessity is there for Military law, Necessity for, 
 apart from Civil law ? 
 
 A. To enable the Military authorities to deal with 
 offences which it would be inexpedient to leave to the 
 Civil authorities. Many acts and omissions, which 
 are mere breaches of contract in Civil life — e. g., 
 desertion or dij-obedience to orders — must, if com. 
 mitted by soldiers, even in time of peace, be made 
 crimes, with penalties .ittached to them j while, on 
 active service, any act or omission which impairs 
 the efficiency of a man in his character of a soldier 
 must be punished with severity. 
 
 apart from 
 Civil law. 
 
8 
 
 OATfccillSM OF MILITAUY LAW* 
 
 Martial law 
 defined. 
 
 When it would 
 bo in force. 
 
 Effect of pro- 
 clamation of 
 martial law. 
 
 Q. 3. What is Martial law ? 
 
 A. Martial law, as distinguished from Military 
 law, and the customs of war, is unknown to English 
 jurisprudence. It is so arbitrary and uncertain in 
 its nature that the term " law " cannot properly 
 bo applied to it. According to the Duke of Welling- 
 ton, " it is neither more nor less than the will of 
 ** the generjd that commands the army. In fact 
 ** Martial law is no law at all ; therefore the gener:il 
 ** who declares Martial laW, and commands that it 
 '* should be carried into execution, is bound to lay 
 "down the rules, regulations and limits, according 
 '* to which his will is to be carried out." It may 
 therefore be defined to be — swai/ exercised hy a 
 mUltary commander over all persons^ v'liether civil 
 or military, within the 2^i'(^ci^i<^f8 f]f his command, 
 in jylaces where there is no civil judicature or tchere 
 such judicature has ceased to exist. 
 
 Q. 4. In what three cases would Martial law be 
 in force ? j 
 
 A. 1st. In the case of a conquered country. 
 
 2nd. Of a country or district formally put 
 under Martial law by Act of Parliament. 
 3rd. When, under circumstances of im- 
 minent danger, the Executive pro- 
 claims Martial law in a district. 
 
 Q. 5. What is the effect of a proclamation of Mar- 
 tial law in a district? 
 
 A. It is a notice to the inhabitants that the Ex- 
 ecutive Government has taken upon itself the respon- 
 sibility of superseding the jurisdiction of all the 
 
CATKCUISM OV MILITAUY LAW. 
 
 9 
 
 ordinary tribunals for tho protection of life, person 
 and property, and has authorised the Military 
 authorities to do whatever they think expedient 
 fur the public safety. 
 
 Q. G. Of how many part« docs Military law con- Military Code 
 
 sist ? 
 
 A. It consists of two parts— ' 
 (a.) Written. 
 (b.) Unwritten, or customs of war. 
 
 Q. 7. Of what does tho written part consist, as Written, 
 applieuble to tho Militia of Canada? 
 A. 1. Tho Militia Act. 
 
 2. T:. J Regulations and Orders for the ^I il \ lia. 
 
 3. The Imperial Army Act. 
 
 4. All other laws applicable to Her Maj(;sty's 
 
 troops in Canada and not incon:iistent with 
 the Militia Act, except that no man shall 
 be liable to any corporal punishment, 
 except death or imprisonment, for any con- 
 tra vciition of such laws. 
 
 5. The Queen's Regulations. 
 
 Q. 8. Upon what is the unwritten part of Mill- Unvrittcn. 
 tary law founded ? 
 
 A. It is founded u|K>n the established customs 
 of the army as ascertained by decisions given by 
 competent authority. 
 
 :' i 
 
10 
 
 CATKCIUSM OF MILITAKY LAW, 
 
 CHAPTKIl II. 
 
 THE MILITIA ACT, AND REGULATIONS AND ORDERS 
 
 FOR THE MILITIA. 
 
 Service and Enrolment. 
 
 |i 
 
 M. A. 7. 
 Period of sor- 
 vico. 
 
 M. A. 9. 
 
 NoHeo of re- 
 tirement. 
 
 M. A. 18. 
 Service roll, 
 oath of allegi- 
 ance. 
 
 M. A. 18. 
 Administra- 
 tion of oath. 
 
 Q. 9. What is the period of service in the Ac- 
 tive Militia of Canada ? 
 A. Three years. 
 
 Q. 10. What notice is required from officers 
 and men of the force before they are permitted to 
 retire ? 
 
 A. In time of peace six months notice is neces- 
 sary. 
 
 Q. 11. What is every militiaman required to do 
 on joining the force ? 
 
 A. To sign a service roll, in which the condi- 
 tions of his service are stated, and every officer on 
 appointment, and every man on enlistment is also 
 required to take the oath of allegiance. 
 
 Q. 12. By whom is this oath administered ? 
 A. By the commanding officer of the troop, 
 battery, company or battalion, as the case may be. 
 
 Care of Arms. 
 
 M. A. 39. Q' 13. Who is responsible for [articles of public 
 
 Responsibility property which have become deficient or damaged 
 \QX arms. . . . . 
 
 while in possession of a corps, otherwise than 
 
CATECItlSM OP MILtTARV LAW. 
 
 11 
 
 through fair wear and tear or unavoidable acci- 
 dent? 
 
 A. The officer in command, who, in turn, can 
 recover tlic value from the officer or man who 
 mny be responsible for the same. 
 
 Q. 14. How arc the arms, accoutrements and 
 equipments of a corps to be kejit ? 
 
 A. In public armories where there are such, 
 and where there are no such armories, the officer 
 commanding each corps shall himself actually keep 
 them in a good nnd sufficient building provided 
 with suitable arm-racks and provision for the 
 care thereof, for which he may be^ allowed such 
 sum as may appear proper for the same. 
 
 Q. 15. What is the allowance for the care of 
 arms and stores of a corps where there is no pub- 
 lic armory ? 
 
 A. Forty dollars per conipany per annum nuU 
 sixty dolbirs per troop of cavidry per annum. 
 
 Q. 16. What certificate is necessary before this 
 allowance will be paid ? 
 
 A. A certificate from the district stiff officer 
 to the effect that there are no deficiencies of arms or 
 accoutrements in the stores of the company for 
 which the captain or other officer commanding is 
 responsible, or, if any exist, that they have been 
 satisfactorily accounted for. 
 
 Q. 17. What may be done when deficiencies ex- 
 ist and which are uotsatiafactorily accounted for ? 
 
 M. A. 41. 
 
 How |)uhlic 
 property in 
 to bo kept. 
 
 R. & 0. .S35. 
 Allowiiiicu t'ui* 
 
 R. & 0. .^.^O. 
 Certificate lie 
 cesHary before 
 payment. 
 
 R. & 0. 33fi. 
 When (icfieiei,- 
 cic8 exist. 
 
12 
 
 CATECHISM OF MILITARY LAW. 
 
 M. A. 42. 
 Penalty for 
 cinhuzKlcincnt 
 of arms. 
 
 M. A. 42. 
 
 Evidence of 
 possoHsion. 
 
 M. A. CA. 
 Limitation of 
 time fur trial. 
 
 M. A. 67. 
 
 Desertion. 
 
 M. A. 80. 
 Not attending 
 parade. 
 
 A. A reUsue may be made, on requisition, and 
 the value thereof charged against the allowance for 
 care of arms. 
 
 Penalties &.id Prosecutions. 
 
 Q. 18. What is the penalty for a man leaving 
 Canada and failing to return all articles of public 
 property which he may have in his possession ? 
 
 A. He is guilty of embezzlement, and may be 
 tried for the same at any subsequent time. 
 
 Q. 10. What is evidence of his possession of such 
 articles ? 
 
 A. A record in the books of his corps of his hav- 
 ing so received and not having returned them. 
 
 Q. 20. Within what time after his discharge from 
 the active militia is a man liable to be tried for an 
 offence committed during his period of service ? 
 
 ^4. At any time withn ^ix months, except for the 
 crime of desertion, for which he may be tried at any 
 time, without reference to the period which may 
 have elapsed since his desertion. 
 
 Q. 21. What constitutes the crime of desertion 
 when called out for active service ? 
 
 A. Absence without leave for a longer period than 
 seven days. 
 
 Q. 22. What is the penalty for neglecting or re- 
 fusing to attend any parade or drill or training, or 
 neglecting or refusing to obey any lawful order at or 
 concerning such parade, drill or training ? 
 
 A. Officers incur a penalty of ten dollars and men 
 incur a penalty of five dollars for each oflfence, and 
 absence for each day is held to be a separate offence. 
 
CATECHISM OF MILITARY LAW. 
 
 13 
 
 Q- 
 
 WIu 
 
 ilty is there for 
 
 M. A. 80. 
 Di.s<)b(!<lieiico 
 of orders. 
 
 tterrupting or M. A. 80. 
 hindering any niilitia at drill or trespassing on the mliitfalu^anll. 
 bounds set out by the proper ofiGccr for such drill ? 
 
 A. The offender incurs a penalty of five dollars 
 for each offence, and may be taken into custody and 
 detained by any person by the order of the com- 
 manding officer until such drill be over for the day. 
 
 Q. 24. What is the penalty provided for disobe- 
 dience of orders or improper conduct ? 
 
 A. Any officer or man disobeying any lawful 
 order of liis superior officer or being guilty of any 
 insolent or disorderly behavior towards such officer, 
 incurs a penalty, if an officer, of twenty dollars, if a 
 man of the militia, of ten dollars, for each offence. 
 
 Q. 25. Is a militiaman obliged to keep in order 
 the arms and accoutrements entrusted to him ? 
 
 A. Yes ; any militiaman who fails to keep in 
 proper order any arms or accoutrements delivered 
 or entrusted to him, or who appears at drill, or 
 parade, or on any other occasion, with his arms or 
 accoutrements out of proper order, or unserviceable, 
 or deficient in any respect, incurs a penalty of four 
 dollars for each such oflfencc. 
 
 Q. 2o. What punishment is provided for unlaw- M. A. 8i. 
 fully disposing of arms or accoutrements or refuslnjr y,"''iw*un.v 
 
 1 !• , o uiH|M».sinf; of 
 
 to deliver them up ? anna, Ac. 
 
 A. Any person who unlawfully disposes of or 
 removes any arms, accoutrements or other articles 
 belonging to the Crown or corps, or who refuses to 
 deliver up tlie same when lawfully required, or has 
 the same in his possession, except for lawful cause, 
 
 M. A. 81. 
 Fiiiliti}^ to kec|) 
 arms in order. 
 
msami 
 
 nam 
 
 14 
 
 M. A. 84. 
 Penalties 
 generally. 
 
 M. A. 85. 
 IIow recover- 
 able. 
 
 M. A. 86. 
 
 Prosecutions 
 againstofliccrs. 
 
 M. A. 86. 
 Prosecutions 
 against men. 
 
 CATflCfiISM Of MILITARY tAW. 
 
 incurs a penalty of twenty dollars for each offence ; 
 but this does not prevent the offender from being 
 indicted and punished for any greater offence if the 
 facts amount to such. 
 
 Q. 27. Where there is no penalty specified for 
 contravening any enactment of the Militia Act, what 
 provision is made ? 
 
 A. Where no other penalty is imposed an offender 
 incurs a penalty not exceeding twenty dollars for 
 each offence ; but this does not prevent his being 
 indicted and punished for any greater offence if tlie 
 facts amount to such. 
 
 Q. 28. How are penalties under the Act recover- 
 able? 
 
 A. All penalties are recoverable with costs, by 
 summary conviction, on the evidence of one credible 
 witness, on complaint or information before one 
 Justice of tlie Peace; and in case of non-payment 
 of the penalty, immediately after conviction, the 
 justice may commit the person so convicted to the 
 common jail or to some house of correction or lock- 
 up liouse, for a period of not more than forty days 
 when the penalty does not exceed twenty dollars, or 
 more than sixty days when it exceeds that sum. 
 
 Q. 29. By whom are prosecutions against oflficers 
 to be brought ? 
 
 A. By the officer commanding the militia or some 
 oflBcer duly authorized by him. 
 
 Q. 30. By whom are prosecutions against men of 
 the militia to bo brought ? 
 
CATECHISM OF MILITARY LAW. 
 
 15 
 
 M. A. 91. 
 Notices and 
 ordors. 
 
 A. By the commanding officer or adjutant of the 
 
 corpvS, or captain of the company to which such mau 
 
 belongs. 
 
 Notices and Orders. 
 
 Q. 31. Is it necessary that any order or notice 
 under the Militia Act be in writing ? 
 
 A. Not unless specially required by the Act to bo 
 so, provided it be communicated to the person who 
 is to obey or be bound by it, either directly by the 
 officer or person making or giving it, or by some 
 other person by his order. 
 
 Q. 32. What is considered sufficient notice of M. A. 92. 
 militia orders issued through or by the adjutant adjutant^ 
 general ? general. 
 
 A. Their insertion in the Canada Gazette. 
 
 Q. 33. What is sufficient notice of orders made m, a. 93. 
 
 by the commanding officer of any corps of militia ? Orders by 
 . . ,, . -' 1 11 1 1 1 1 1 m ' commanding 
 
 A. All such orders shall be held to be sufficiently officer. 
 
 notified to all persons whom they may concern by 
 insertion in some newspaper published in the regi- 
 mental division, or, if there be no such newspaper, 
 by posting a copy on the door of every place of 
 public worship, or of some other public place, in 
 each company division affiicted by such orders. 
 
 Aid to Civii Power. 
 
 Q. 34. When are the Active Militia liable to be m. A. 27. 
 
 called out in aid of the civil power ? ^^**®" militia 
 
 4 -tin • T 1 may bo called 
 
 A. When a not, disturbance of the public peace, out. 
 
 or other emergency occurs, or is, in the opinion of 
 
 the civil authorities, anticipated as likely to occur 
 
^ .IV JJ— V.'tm'J • 
 
 16 
 
 CATECHISM OF MILITARY LAW. 
 
 M. A. 27. 
 By whom. 
 
 M. A. 27. 
 Authority for. 
 
 R. & 0. 642. 
 Not to go out 
 without. 
 
 R. & 0. 645. 
 
 No discrotion- 
 ary power. 
 
 R. & 0. 64.'{. 
 Duty of senior 
 officer. 
 
 M. A. 27. 
 
 What the re- 
 quisition must 
 pUow. 
 
 and to be beyond the powers of the civil authori- 
 ties to suppress, prevent or deal ^ith. 
 
 Q. 35. By whom are they called out? 
 
 A. By the senior officer present in the locality. 
 
 Q. 36. What is his authority for doing so ? 
 
 A. A requisition in writing from the chairman or 
 custos of the Quarter Sessions of the Peace, or from 
 any three magistrates, of whom the mayor, warden 
 or other head of the municipality or county may be 
 one. 
 
 Q. 37. May an officer go out with militia in aid of 
 the civil power without such requisition in writing ? 
 A. No. 
 
 Q. 38. Have officers any discretionary power as 
 to the necessity of aid ? 
 
 A. No ; and any officer w<»".la incur a grave re- 
 sponsibility if he failed to affi)rd aid when required 
 
 to do so. / , , 
 
 Q. 39. In cases where aid is applied for, what is 
 the duty of the senior officer to whom the rciiuisition 
 is addressed ? 
 
 A. To notify the D. A. G. of the district % tele- 
 gram for transmission to headquarters, or, if the 
 requisition is addressed to the D. A. G. of the dis- 
 trict, he will immediately notify the adjutant gen- 
 eral at headquarters by telegram. 
 
 Q. 40. What is every such requisition to ex- 
 press ? 
 
 A. The actual occurrence of a riot, disturbance 
 pr emergency, or the anticipution thereof, 
 
CATECHISM OF MILITARY LAW. 
 
 17 
 
 Q. 41. When so called out, what arc officers and 
 men considered to be ? 
 
 A. Special constables, but tliey act only as a 
 military body, and obey only the orders of their 
 commanding: officer. 
 
 Q. 42. What is the penalty for an officer or man 
 of tho militia refusing to go out with his corps when 
 called upon to act in aid of the civil power, or re- 
 fusing to obey the lawful orders of his superior 
 officer? 
 
 A. Officers incur a penalty not exceeding one 
 hundred dollars, and men incur a penalty not ex- 
 ceeding twenty dollars for each offiince. 
 
 Q. 43. When the Active Militia arc so called 
 out what is the duty of the officer in charge? 
 
 A. To obey such instructions as arc lawfully 
 given him by any magistrate in regard to the sup- 
 pression of such riot or disturbance. He is to take 
 care that the men under his command march in rcgu- 
 lar military order, with the usual precautions, and 
 that they are not scattered, detached, or posted in a 
 situation wliere they may not be able to act in their 
 own defence. The magistrate is to accompany the 
 force, and the officer is to remain near him. 
 
 Q. 44. How is the detachment to be told off? 
 A. If under twenty files, into four sections ; if 
 more than twenty files, into more sections than four. 
 
 Q. 45. By whom arc all commands to the men to 
 be given ? 
 
 A. By the officer in charge. They «rc not on 
 fvn^ account to fire, except by word of command of 
 
 M. A. 27. 
 
 To bo Hpociul 
 oonstabloa. 
 
 M. A. 82. 
 PonuUy for 
 refusing to go 
 out. 
 
 M. A. 27. 
 R. & 0. (548. 
 Duty of ofliccr 
 in cliurgc. 
 
 R. A 0. 641). 
 ])otuchnHMit to 
 be told off. 
 
 R. A 0. 650. 
 Coinnmnds to 
 the men. 
 
18 
 
 CATECHISM OF MILITARY LAW. 
 
 ! i 
 
 R. & 0. fi/SO. 
 Responsibility 
 for firing. 
 
 R.& 0.651. 
 People to be 
 wurnod. 
 
 R. & 0. 052-3. 
 Fire, how 
 regulated. 
 
 R. & 0. 654. 
 When to cease. 
 
 :h 
 
 their officer, who is to exercise a humane discretion 
 respecting the extent of the line of fire. 
 
 Q. 46. May the officer in charge give the com- 
 mand to fire on his own responsibility ? 
 
 A. No ; he is not to give tlic command, unless 
 distinctly required to do so hy the magistrate. 
 
 Q. 47. In order to guard against all misunder- 
 standing, what are officers eniploycd in the suppres- 
 sion of riots, &c., required to do ? 
 
 A. To take the most effectual means, in conjunc- 
 tion with the magistrates, to explain beforehand to 
 the people that, in the evrnt of the men being 
 ordered to fire, their fire will be eifective. 
 
 Q. 48. How is the fire to be regulated ? 
 
 A. If the commanding officer should be of opinion 
 that a slight effort would suffice to attain the object, 
 he is to give the command to one or two specified 
 files to fire. If a greater effort should be required 
 lie is to give the command to one of the sections to 
 fire ; the fire of the other sections being kept in re- 
 serve till necessary. When there arc more officers 
 than one, the commanding officer will clearly indi- 
 cate to the men what officer is to order any number 
 of the sections to fire : — such officer to receive his 
 directions from the commanding officer, after the 
 latter shall have received the requisition of the 
 magistrate to fire. 
 
 Q. 49. When is the firing to cease ? 
 
 A. The instant it is no longer necessary, whether 
 the magistrate may order the cessation or not. Care 
 10 \o be tfil^ep not to fire upon persons separated from 
 
 Jl 
 
 II i 
 
CATECIiISM OF MILITARY LaW. 
 
 10 
 
 the crowd. It is to be observed that to fire over 
 the heads of a crowd engaged in an illegal pursuit 
 would have the effect of favoring tlic most daring 
 and guilty, and might have the eflfect of sacrificing 
 the less daring and even the innocent. 
 
 Q. 50. When is the force to be withdrawn from r, ^ o. 65rt. 
 duty ? Withdrawal 
 
 A, When notified by the magistrate or magis- 
 trates who signed the requisition, or a majority of 
 them, that the services of the force are no longer 
 rcciuircd. 
 
 Q. 51. What is the duty of the commanding offi- m. A. 27. 
 ccr on completion of the duty ? R. 4 0.657. 
 
 * ^ •' ^ Dtityofcotn- 
 
 A. To make an immediate report thereof, in writ- mantling officer 
 ing, to the deputy adjutant general of the district cliargoJ.*''^ 
 for transmission to headquarters, and also to pre- 
 pare a pay list specifying the several sums autho- 
 rized by law in respect to the service, and cause the 
 value thereof to be paid by the municipality. 
 
 Q. 52. Pending payment by the municipality, is 
 there any provision for advancing the money ? 
 
 A. Yes, the amount may bo advanced by the 
 Government on an Order in Council. 
 
 Q. 53. In case of a riot obstructing the convey- M. A. 27. 
 ance of the mails by railway, how is the expense 100^1 "r"*^ "' *^ 
 borne ? cial. 
 
 A. Where the disturbance is not local or provin- 
 cial in its origin, and it appears unjust that the 
 municipality should bear the whole expense, the 
 Governor in Council is empowered to pay such 
 part as may f^ecm ju.st and expedient. 
 
 M. A. 27. 
 Advance of. 
 
 )rprovin- 
 
20 
 
 M. A. 60. 
 Who may call 
 out militia for 
 actual Horvioe 
 
 M. A. 61. 
 Wlion militia 
 may bo called 
 out. 
 
 M. A. 61. 
 For what 
 period. 
 
 M. A. 61. 
 Command of. 
 
 M. A. 67. 
 R. & O. G(L'. 
 Penalty for 
 rofu.sinj; to 
 turn out. 
 
 M. A. 61. 
 
 Other 
 occasion?. 
 
 CATECHISM OF MlLTTATlY LAW. 
 
 Actual Service. 
 
 Q. 54. In case of any sudden emergency of inva- 
 sion or insurrection, or imminent danger of either, 
 who is empowered to call out the militia ? 
 
 A, The officer commanding any military district 
 or division, or the officer commanding any corps of 
 Active Militia. 
 
 Q. 55. When may the militia be called out for 
 active service ? 
 
 A. Her Majesty may call out the militia or any 
 part thereof for active service either within or with- 
 out the Dominion, at any time when it appears 
 advisable so to do, by reason of war, invasion or insur- 
 rection, or danger of any of them. 
 
 Q. 50. For what period arc militiamen, when so 
 called out, required to serve ? 
 A. At least one year. 
 
 Q. 57. Under whose orders may they be placed ? 
 
 A. The commander of Her iMajer-ty's regular 
 forces in Canada. 
 
 Q. 58. What is the penally for refusal to turn out 
 when warned for actual service ? 
 
 A. All regularly enrolled militiamen who refuse 
 or neglect to turn out with their corps, when so 
 warned, are liable to bo tried by court martial for 
 such refusal or neglect, which amounts to desertion. 
 
 Q. 59. Under what other circumstances are the 
 Active Militia liable to be called out for active ser- 
 vice ? 
 
 A. To act as guards of honor, escorts, or as 
 guards and sentries, or to fire salutes. 
 
CATECHISM OF MILITARY LAW. 
 
 21 
 
 Q. CO. In time of war how lonu; arc men required M. A. fi2. 
 to serve continuoasly in the field ? g^j^j 
 
 A. For a period not longer than one yar, except 
 in cases of unavoidable necessity, when they may be 
 r('(|uircd to serve for a further period of six months' 
 
 Q. CI. What are the duties of a commandin*^ n. A o. r.ori-cr.. 
 officer of a corps when placed on actual service ? l>»ti«rt of rom- 
 
 A. (a) To notify, or cause to be notified, the men whoni.iace.h.n 
 , . 1 1 /• 1 /» 1 actual service, 
 
 under his comuiand, and, after the first parade, to 
 
 forward to the deputy adjutant general of the dis- 
 trict an exact return of his strength in officers and 
 men. 
 
 (/>) To rcijuire the paymaster to draw up a nomi- 
 nal roll of the men under his command, with a 
 column of remarks, which shall show when any man 
 became non-effiictivc. 
 
 (<•) To personally ascertain, at the first muster 
 parade, that each man is in possession of the neces- 
 sary articles of equipment, namely : 
 
 1 rifle with small stores conjplete. 
 
 1 set of accoutrements capable of carrying at 
 least GO rounds. 
 
 1 knapsack and straps complete, or great coat 
 straps if knapsacks have not been issued, with can- 
 teen. 
 
 1 havrcsack. 
 
 CO rounds of ball ammunition. 
 1 water bottle. 
 1 great coat. 
 
r 
 
 i: 
 
 ! I 
 
 I ■ 
 
 22 
 
 R. A 0. C67. 
 Baggage. 
 
 R. & 0. 674. 
 Marching-in 
 state. 
 
 R. k 0. 672. 
 Relief of 
 corps. 
 
 CATECHISM Ot" MtLIT4RY LAW. 
 
 And also the following articles to be provided 
 by the men themselves and carried in their knap- 
 sacks. 
 
 1 change shirt, flannel or cotton. 
 
 1 do pair socks. 
 
 1 do boots or shoes. 
 
 Needles and thread. 
 
 Knife. 
 
 Piece of soap. 
 
 Towel. 
 
 Q. 62. When a corps placed on actual service 
 is ordered away from its pennanciit headquarters 
 are the men allowed to take with them any articles 
 of baggage? 
 
 A. No ; nothing beyond their knapsacks, if the 
 corps be furnished with them. The prime necessi- 
 ties of a soldier on service, supposing him to be 
 otherwise properly equipped, are food, boots and 
 ammunition. 
 
 Q. 63. What is the duty of a commanding officer 
 when his corps arrives at the end of its journey ? 
 
 A. To send to the district staff officer a " march- 
 iny^in stated 
 
 Q. 64. When a corps is relieved from actual ser- 
 vice what is the commanding officer directed to do ? 
 
 A. To take all articles of public property into 
 store, and to forward a return to the district staff 
 officer which shall show in one column the articles 
 received, in a second, articles in possession, and in a 
 third the cause of deficiencies if such exist. 
 
 m 
 
if the 
 
 n 
 
 CATECHISM OF MILITARY LAW. 
 
 23 
 
 Q. G5. Is the loss of private property Incurred by R. & 0. (57.*?. 
 uiilitia on service made good by the public ? proportyr^* ° 
 
 A. Yes; if it can be clearly shewn that the loss 
 was not in any manner attributable to carelessncssj 
 that it was unavoidable, and that the articles lost 
 were part of their necessary equipment as militia- 
 nien. 
 
 i 
 
 h 
 
rlttrlE- 
 
 "--!'■'-'"'■ 
 
 24 
 
 CATECHISM OF MILITARY LAW. 
 
 « 
 
 
 
 M. A. fi4. 
 Militia subject 
 to Queen's 
 llogulations. 
 
 M. A. 64. 
 When subject 
 to Army Act. 
 
 Army Act. 
 
 Continuance of 
 
 Advantages of 
 ro'onaotmcnt. 
 
 
 CIIAPTEllIII. 
 
 THE ARMY ACT AND QUEEN's REGULATIONS. 
 
 Q. 66. Arc the Active Militia subject to the 
 Queen's Regulations and Orders for the Army ? 
 
 A. Yes. 
 
 Q. 67. When do officers and men of the Active 
 Militia become subject to the Army Act and all other 
 laws applicable to Her Majesty's troops in Canada ? 
 
 A. From the time of being called out for active 
 service, and also during the period of annual drill or 
 training, and also during any drill or parade of his 
 corps at which he may be present in the ranks or as 
 a spectator, and also when going to or from the place 
 of drill or parade of his corps, and also at any other 
 time while in the uniform of his corps. 
 
 Q. 68. What is the Army Act ? 
 
 A. It is a consolidation of the Military and Marine 
 Mutiny Acts, the Articles of War issued in pursu- 
 ance of those Acts, and the Army Enlistment Act. 
 
 Q. 69. IIow is it continued in force ? 
 
 A. It is re-enacted every year by the Imperial 
 Parliament. 
 
 Q. 70. What advantage docs this annual re-en- 
 actment possess ? 
 
 A. It affords an opportunity of wiping out all 
 portions which experience has shown to be useless or 
 defective, and of adding such clauses as may appear 
 necessary and desirable ; thus the Act of the year is 
 (jomplcte in itself, and the necessity of referring tg 
 
CATECmSli OF MILITAIlY LAW. 
 
 26 
 
 Various Acts passed in preceding years is entirely done 
 away with. 
 
 Q. 7\. Into how ninny parts is the Army Act Divisions of 
 
 divided? Army Act. 
 
 A. It is divided into five parts : 
 
 1st. Discipline. ' 
 
 2nd. Enlistment. 
 
 3rd. Billeting and impressment of carriages. 
 j 4th. General provisions. 
 
 5th. Application of Military law, saving pro- 
 visions and definitions. 
 
 Arrest and Trial. 
 
 Q. 72. What is the meaning of " military cus- m. M. L. 
 
 *^^*^y^" Military ciis- 
 
 A. "Military custody" means, according to the ^^^^ ^*'*^"*^^'- 
 usages of the service, as regards an officer or non- 
 commissioned officer, the putting the offender under 
 arrest, or, as regards a private soldier, the putting 
 him in confinement under charge of a guard, picquet, 
 patrol, sentry, or provost marshal. If circumstances 
 require it, however, an officer or non commissioned 
 officer may also be placed in military custody under 
 the charge of a guard, picquet, patrol, sentry, or 
 provost marshal. 
 
 Q. 73. Who may order offtiuders into military 
 custody ? 
 
 M. M. L. 
 A. A. 46. 
 
 4 k cp 1 • •!• 1 Who may «)r- 
 
 A. An omcer may order into military custody an ,icr offoiulers 
 officer of inferior rank, or any non-commissioned "'^"■ 
 officer or soldier, provided that no officer of a rank 
 
 ( 
 
 i 
 
 i 
 
I — 
 
 26 
 
 CATECttISM OF MILITAHY L.1W. 
 
 M. M. L. 
 A. A. 46. 
 Junior order- 
 
 M. M. L. 
 A. A. 45. 
 
 Both officers 
 need not be of 
 Bauie corps. 
 
 senior to himself is present, and any non-commis- 
 sioned officer may order into military custody any 
 soldier; Provost marshals can arrest and hold in 
 custody any person subject to Military law who is 
 committing an oflfence. 
 
 Q. 74. When may an officer order into military 
 
 custody any other officer, though he be of higher 
 ing senior into* i-on];^ ? 
 
 A. When engaged in any quarrel, fray, or dis- 
 order ; and in the case of any glaring impropriety, 
 such as drunkenness on parade, it may become the 
 dutij of a junior to take the same extreme measure. 
 
 Q. 75. Is it necessary that both persons should 
 belong to the same corps ? 
 
 A. No ; the order is to be obeyed, notwithstanding 
 tliatthe person giving the order and the person in res- 
 pect of whom the order is given do not belong to the 
 same corps, arm, or branch of the service ; but it is 
 necessary when an officer places another under 
 arrest that he should at once report the fact to the 
 commanding officer of the offijnder, or direct to the 
 general in command if he considers it necessary. 
 
 Q. 7G. How is an officer placed in arrest? 
 
 A. An officer is placed in arrest, either directly by 
 the officer who orders it, or more generally through 
 the medium of a staff officer, i.e., by tlie adjutant or 
 a field officer of the regiment when the arrest is 
 ordered by the commanding officer, and by an officer 
 of the general staff when the arrest is ordered by a 
 superior officer, and not through the channel of the 
 commanding officer. On being put in arrest, an 
 
 M. M. L. 
 
 Placing officer 
 ia urruijt. 
 
CATECHISM OF MILITARY LAW. 
 
 27 
 
 )mmis- 
 ly any 
 lold in 
 who is 
 
 uilitary 
 hiiirher 
 
 o 
 
 or dis- 
 opriety, 
 ome the 
 ncasurc. 
 I should 
 
 standing 
 )n in ros- 
 ing to the 
 but it is 
 jr under 
 ct to the 
 !Ct to the 
 jsary. 
 
 t? 
 
 ircctly by 
 \f through 
 Ijutant or 
 arrest is 
 an officer 
 lered by a 
 mel of the 
 arrest, an 
 
 officer is deprived of his sword, and becomes, to all 
 intents and purposes, a prisoner. 
 
 Q. 77. Wiien an officer is placed in arrest how is 
 he informed of the nature of the arrest? 
 
 A. An officer placed under arrest should always 
 bj informed in writing of the nature of the arrest, 
 which will be governed by the circumstances of the 
 case. Any change in the nature of the arrest 
 which may be made should be notified in writing to 
 the prisoner. 
 
 Q. 73. How many kinds of arrest are there ? 
 
 A. There are two kinds, close arrest and open 
 arrest. When arrest is not described as open arrest^ 
 it means close arrest. 
 
 Q. 79. Should an officer be placed under arrest 
 without any previous investigation ? 
 
 A. An officer may, when necessity arises, be 
 placed under arrest by a competent authority, on 
 the commission of an offiince, without previous 
 investigation, but a commanding officer, on receiving 
 a complaint, or coming to the knowledge of cir- 
 cumstances tending to incriminate an officer, will 
 \\o\, ordinarily place him under arrest until ho 
 |ias satisfied himself by inquiry that it will bo 
 pecessary to proceed with the case and report it 
 to superior authority. 
 
 Q. 80. If a commanding officer prefers charges 
 ivgainst an officer, what should he do ? 
 
 A. Invariably place him under arrest and report 
 the case, without unnecessary delay, to the ^eaer^J 
 commaudiag, 
 
 M. M. L. 
 Informing offi- 
 cer of naturo 
 of arrest. 
 
 Q. R. VL 19. 
 
 Kinds of ar- 
 rest. 
 
 Q R. VI. 22. 
 
 ArroL't of offi- 
 cers without 
 previous in- 
 vestigation. 
 
 Q. R. VL 22. 
 When cora- 
 m-indingofficor 
 prefers charge. 
 
iilI'M ! > 
 
 t 
 
 !i ■ 
 
 P : I 
 
 us II 
 
 i 
 
 1 
 
 28 
 
 Q. R. VI. 20. 
 
 Rogulations 
 for officers un- 
 der arrest. 
 
 Q R. VI. 20. 
 Articles that 
 are not to be 
 worn in arrest. 
 
 Q. R. VI. 2.*?. 
 Officer cannot 
 demand court 
 martial. 
 
 M. M. L. 
 Q. R. VI. 21. 
 Riiease from 
 arrest. 
 
 CATECHISM OF MILITARY LAW. 
 
 Q. 81. What are the regulations laid dowu for 
 an officer under arrest ? 
 
 A. An officer in close arrest is not allowed to 
 leave his quarters or tent. When in open arrest he 
 may take exercise at stated periods, within defined 
 limits, which will usually be the precincts of the 
 regimental barracks, or camp, but is, on no account, 
 to appear in his own or any other mess premises or 
 in any place of amusement or public resort, and he 
 is not, on any pretext whatsoever, ever to appear 
 dressed otherwise than iu uniform. 
 
 Q. 82. What articles is an officer under arrest 
 forbidden to wear ? 
 
 A. His sash, sword, or belts. 
 
 Q. 83, May an officer who has leui placed in 
 arrest demand a court martial ? 
 
 A. No ; he has no right to demand a court mar- 
 tial, or, after he has been released by proper autho- 
 rity, to persist in considering himself under the 
 restraints of such arrest, or to refuse to return to the 
 performance of his duty. 
 
 Q. 84. How is an officer released from arrest ? 
 
 A, The authority competent to direct the release 
 
 of an officer under arrest is the officer who imposed 
 
 the arrest, or the superior to whom it may liave 
 
 been reported ; but, except where it appears that the 
 
 arrest has been made through error, an officer should 
 
 not be released from arrest without the sanction 
 
 of the highest authority to whom the case may have 
 
 been referred. 
 
 Q. 85. How are non-corami^p'.oned officers placed 
 in arrest ? 
 
 4 
 
CATECHISM OF MILITARY LAW. 
 
 29 
 
 ) appear 
 
 arrest 
 
 ilace<l in 
 
 )urt UKir- 
 cr tiutlio- 
 inder the 
 urn to the 
 
 irrcst ? 
 ,hc release 
 10 imposed 
 may have 
 irs that the 
 icer should 
 c sanction 
 ; may have 
 
 cers 
 
 placed 
 
 A. The rules which govern the close and open Q. r. vi. 2 J. 
 arrest of officers apply also to non-counnissioncd Arrest of non 
 officers. A non-comuiissioued officer charged with oiliccrs. 
 the commission of a serious offiinco will he placed 
 under arrest forthwith ; hut if the offiincc is not of a 
 serious nature, it may be investigated and disposed of 
 without previous arrest ; where there is a doubt as to 
 whether an offiince has been committed, the arrest may 
 be delayed until it is decided to proceed against him. 
 
 Q. 8G. When is a private soldier to be confined ? q. r. vi. 2.^>. 
 A. A private soldier charged with a serious ConhncimMit 
 
 ^ * " , of |tnv}ito 
 
 offijiice is to be confined at the time of the com- soldiers. 
 mission or discovery of the offijnce ; hut in the case 
 of minor offences, such as absence from tattoo and 
 other roll calls, overstaying a pass, or slight irregu- 
 larities in quarters, he will not be lodged under 
 charge of tlie guard, and the investigation of the 
 charge may be held without previous confinement in 
 military custody. 
 
 Q. 87. When a private soldier refuses to obey an q. r. vl 20. 
 
 order distinctly given, or resists the authority of a l^««<»'>«<licnc(i 
 
 "^ ot orucra. 
 
 non-commissioned officer, what course should be 
 
 taken ? 
 
 A. lie should be confined without altercation, and 
 
 [immediate report made to the officer commanding 
 
 his troop, battery or company, or to the adjutant. 
 
 Q. 88. When a non-commissioned officer lias o. r. vi. 20. 
 )ecasion to confine a soldier for any offence, how ,^^*!J" fif>nfine(| 
 hould he do it ? 
 
 A. He should Jnvariably obtain the assistance of 
 >e or more privates to conduct the offender to the 
 
30 
 
 CATECHISM OF MFLITATIY LAW. 
 
 ■■I 
 
 li! i 
 
 I '' 1' 
 
 Q. R. VI. 27. 
 For drunken- 
 ness. 
 
 Q. R. Vr. 27. 
 24 hours to 
 elapse before 
 investigation. 
 
 Q. R. VI. 16. 
 Delivery of 
 1 10 ••crime." 
 
 guard room, and should himself avoid in any way 
 coming in contact with him, except under unavoid' 
 able circumstances. 
 
 Q. 89. How is a private soldier in a state of 
 drunkenness to he confined ? 
 
 A. He is to be confined alone, and in the prisoners' 
 room, or in a guard room cell until sober, and not in 
 tlie guard room itself, where he may often be pro- 
 voked to an act of violence and insurbordination. 
 He is to be deprived of his boots, except when the 
 weather is too cold, and is to be visited at least every 
 two hours by a non-commissioned officer of the guard 
 and an escort in order that his condition may be 
 ascertained. 
 
 Q. 90. What time should elapse before he is 
 brought before an officer for investigation ? 
 
 A. Twenty-four hours should usually elapse before 
 the investigation, so as to ensure his being perfectly 
 sober. 
 
 Q. 91. When any person is committed into mili- 
 tary custody, within what time should a statement 
 of the offence be delivered to the officer or non-com- 
 missioned officer into whose custody the person is 
 committed ? . - 
 
 A. A statement of the pffence with which the 
 person so committed is charged — termed the "crime" 
 — should be delivered at t-be time of committal, or, 
 as soon as practicable, but, under any circumstances, 
 not later than 24 hours thereafter. If the crime is 
 not delivered at the time a verbal report to the samo 
 pffect^is to be made. ' 
 
 
 [Ul 
 
OiTECHiSM OF MiLlTAllY LAW. 
 
 81 
 
 ,y way 
 lavold- 
 
 tatc of 
 
 d not in 
 be pro- 
 lination. 
 vhen the 
 ast every 
 ,he guard 
 I may be 
 
 )re V\c is 
 
 ? 
 
 ,pse before 
 ; perfectly 
 
 into mili- 
 statcnient 
 non-com - 
 Q person IS 
 
 which the 
 be "crime" 
 nmittah or, 
 eumstances, 
 
 the crime hi 
 to the sjiino 
 
 Q. 92. If the crime is not received within twenty- 
 four hours what is the duty of the commander of the 
 guard ? 
 
 A. lie will either take proper steps for procuring 
 it, or report the circumstance to the officer to whom 
 liis guard report is furnished* 
 
 Q. 93. What is the duty of that officer ? 
 
 A. If the crime, or other evidence sufficient to 
 justify the detention, is not forthcoming within 
 forty-eight hours, at the expiration of that time he 
 will order the release of the prisoner. 
 
 Q. 91. When are pri.-'Oncrs in confinement allowed 
 the use of bedding ? 
 
 A. Prisoners in confinement for trial by court 
 martial will be allowed the use of bedding up to the 
 time of the promulgation of their sentence or of 
 acquittal. Prisoners in confinement pending inquiry 
 will be allowed the use of bcddin<jr if their deten- 
 tion exceeds two days. In severe weather prisoners 
 may be allowed such bedding as may be necessary. 
 
 Q. 95. Are prisoners required to take exercise ? 
 
 A, Yes, care is to be taken that prisoners detained 
 under charge of a guard are re(iuired to take sucli 
 exercise, under supervision of the guard, as may be 
 deemed requisite for the preservation of their health. 
 
 Q. 9G. Is an offi^nder while in arrest or confine- 
 uent to be required to perform any military duty ? 
 
 A. No, except such duties as may be necessary to 
 relieve him from the charge of any cash, stores, 
 iccounts, or office of which he may have charge. 
 
 Q. R. VI. 10. 
 If not doUver- 
 ed within 24 
 hours. 
 
 Q. n. VI. Itl. 
 Duty of oom- 
 niiviiding 
 officer. 
 
 Q. R. VI. 20. 
 Use of bedding 
 by prisoners. 
 
 Q. R. VI. 29. 
 Exercise. 
 
 Q. R. VI. ;?i. 
 'Not to perform 
 duty. 
 
 11 
 
 ; 
 
S2 
 
 CATECHISM OF MILITARY LAW. 
 
 Mi: 
 
 II f; 
 
 
 ill 
 
 Q. R. VI. 31. 
 Prisoner by 
 error or lercd 
 to perform 
 duty. 
 
 Q. R. VI. ni. 
 
 Not to bear 
 arms. 
 
 M. M. L. 
 
 Release of 
 soldier. 
 
 Q. R. VL 25. 
 Not to bo 
 imprisoned for 
 minor offences. 
 
 M. M. L. 
 
 Prisoners not 
 to be put in 
 irons. 
 
 M. M. L. 
 A. A. 22. 
 Breaking 
 arrest. 
 
 Q. 97. If, by error, or in case of emergency, he 
 has been ordered to perform any duty, is he thereby 
 absolved from liability to be proceeded against for 
 his offences ? 
 
 A. No. 
 
 Q. 98. Is an offender, when in arrest or confine- 
 ment, to be permitted to bear anus ? 
 
 A. No, except by order of his commanding officer 
 in case of emergency or on the line of march. 
 
 Q, 99. When a soldier has once been confined, 
 what authority is necessary for his release ? 
 
 A. If confined in a regimental guard room he can 
 only be released by the authority of the command- 
 ing officer of the regiment, and if in a garrison 
 guard room by the officer commanding the garrison. 
 
 Q. 100. Is a soldier against whom a charge for 
 a minor offence is pending to be regarded as a 
 prisoner ? 
 
 A. No, he is not to be regarded as a prisoner, 
 and attends all parades, but will not be detail- 
 ed for duty. . 
 
 Q. 101. Are men confined either in the prisoners' 
 room or in the guard room cells to be kept in irons ? 
 
 A. No, never, except when it is necessary for 
 safe custody, or to prevent violence. 
 
 Q, 102. Is breaking or attempting to break ar 
 rest or confinement regarded as a serious offence ? 
 
 A. Yes, it is a very serious offence, and renders 
 an officer liable to be cashiered, and a soldier liable 
 to imprisonment. 
 
 I 
 
CATECHISM OF MlLITAllY LAW. 
 
 33 
 
 cy, ^^e 
 
 hereby 
 ist for 
 
 joiifinc" 
 
 officer 
 
 jonfincd, 
 ? 
 
 m he can 
 jmrnand- 
 q-avrison 
 > o-arrison. 
 
 jhar^e for 
 rdod as a 
 
 I prisoner, 
 \)C detall- 
 
 e prisoners 
 t in irons ? 
 cessary for 
 
 to break ar- 
 
 oifence ? 
 
 anil renders 
 
 oldier liable 
 
 Q. 103. What report respecting prisoners is tlic M. M. L. 
 commander of a guard required to make ? iieiK)rU)f 
 
 A. It is the duty of the commander of the guard c«"n"yvniierof 
 (immediately on the relief of the gu'ird) to repurt 
 in writing to his commanding officer the prisoner's 
 name and oflfjnce, and tlie name and rank of the 
 committing: officer ; and he should include in his 
 report the " crime " above mentioned, or if it has not 
 been delivered should state the fact. If he fails to 
 d© so lie himself commits an oifunce. 
 
 Power of Commanding Officer. 
 
 Q. 104. What is the object of the above report ? , ?h ^^- h. 
 
 *- '' ^ Object of 
 
 A. To enable the commanding officer without >'«i'<>rt. 
 delay to institute an investigation of the case. 
 
 Q. 105. Where are the charges against soldiers Q-R-VI. 33. 
 i« • «. . . c ^^ \ n ^ .. Kntry of minor 
 
 lor mmor oiiences, in respect oi which they have not oflonccs. 
 
 [been taken into custody, to be entered ? 
 A. In the minor offence report. 
 
 Q. 106. By whom are entries against a non-com- Q* ^- VI. 33. 
 nissioned officer to be made? against N.C. 0. 
 
 A. If he has been placed in charge of a guard, tlic 
 jntry in the guard report will be made by the com- 
 nander of the guard. AVith this exception, all en- 
 tries against non-commissioned officers in the guard 
 jport and minor offiiuce report will be made in the 
 [rderly room. 
 
 Q. 107. AVhen are prisoners disposed of ? Q. R. VI. 1^3. 
 
 Pris^oners 
 
 A, Prisoners should be di^^posed of daily (Sun- when disponed 
 lys, Good Friday, and Christmas Day excepted), 
 
 B 
 
 i 
 
 of. 
 
I 
 
 I 
 
 ill') 
 
 I 
 
 ■I' 
 
 
 
 84 
 
 Q. R. VI. 33. 
 
 Medical 
 cx.iminution. 
 
 Q. R. Vr. 33. 
 
 Minor offences. 
 
 il; 0. P. 2. 
 
 OATECIIISM OF MitlTAUY LAW. 
 
 and, when practicable, in tlic morning before the 
 hour of commanding ofl&cers' parade. 
 
 Q. 108. T>y whom are they previously examined ? 
 
 A. By a medical officer, with a view to their being 
 admitted to hospital, if not in a fit state to undergo 
 punishment* 
 
 Q. 109. By whom should minor oifenecs against 
 private soldiers usually be investigated and disposed 
 of? 
 
 A, By officers commanding troops and companies. 
 All charges not so disposed of will be in vestigated by 
 the commanding officer. The officer commanding 
 the troop or company will attend with the company 
 defaulter book. 
 
 Q. 110. What is the duty of a commanding 
 
 of charge. 
 
 Investigation officer as to thc investigation of a charge against a 
 person under his command ? 
 
 A, lie is to take care that such person is not 
 detained in eustody for more than forty-eight hours 
 after thc committal has been reported to him, with- 
 out thc charge being investigated, unless such inves* 
 tigation seems to him impracticable with due regard 
 to the public service. 
 
 Q, 111. What should he do in the case of deten- 
 tion beyond forty-eight hours ? 
 
 A. He should report it, and the reason thereof 
 to the general commanding. 
 
 Q. 112. Ilow is a charge against a soldier to be 
 heard ? 
 
 A, In the presence of the accused, who will have 
 full liberty to cross-examine any witness against 
 
 11. 0. P. 2. 
 
 "\V hen deten- 
 tion exceeds 
 48 hours. 
 
 R. 0. P. 3. 
 Hearing 
 
 charge. 
 
ore 
 
 the 
 
 mined ? 
 iir being 
 undergo 
 
 s against 
 disposed 
 
 Dmpanies. 
 
 jgated by 
 
 nuianding 
 
 company 
 
 mmanding 
 e against a 
 
 son is not | 
 iolit hours 
 him, with- 
 such invcs- 
 due regard 
 
 ise of detcn^ 
 ason thercol' 
 soldier to be 
 
 vho will have 
 tncss against 
 
 CATECHISM OF MILITAUY LAW. 
 
 him, and to call any witnesses and make any state- 
 ment in his defence. 
 
 Q. 113. On a eliarge of absence witliout leave 
 exceeding seven days, may the. accused demand tliat 
 the evidence against him be taken on oath ? 
 
 A. Yes. 
 
 Q. 114. Of what articles are soldiers to be de- 
 prived whilst under examination or trial ? 
 
 A. Any articles they can make use of as missiles, 
 including, if tliey remain uncovered, their caps. 
 
 Q. 115. AVhafc courses are open to a commanding 
 officer upon an investigation of a charge against a 
 person under his command ? 
 
 A. He may, — 
 
 1st. Dismiss the charge if he thinks it ought not 
 to be proceeded with. 
 
 2nd. If he thinks it ought to be proceeded with, 
 he may take steps for bringing the offender to a 
 court martial. 
 
 3rd. In the ca'^e of a soldier he may deal with the 
 case summarily. 
 
 Q. IIG. What should he do in cases of first 
 offences, not of an a<j:<'ravated character ? 
 
 A. He should try the effect of mild reproof and 
 I admonition, and not resort to punishment until a 
 [repetition of the offence shall have shown that the 
 jujilder treatment has not been productive of the 
 [desired effect. 
 
 Q. 117. What charges may a commanding officer, 
 without reference to superior authority, dispose of 
 swmmarily or try by regim< nfeal court martial ? 
 
 
 II. o. \\ .'.. 
 
 Alisniico witli- 
 UUt loilYO. 
 
 Q. R. vr. r.n. 
 
 l^risonors t<» bo 
 (hiprivetl <»t' 
 o»!rtain arti- 
 olcs. 
 
 A. A. 4r». 
 CourHi'.sopou 
 to C. 0. 
 
 Q. R. VL 1. 
 
 Firet offences. 
 
 Q. R.n. 35. 
 Charges that 
 C. 0. may 
 dispose of. 
 
 ! J 
 
if I' 
 
 36 
 
 J 
 
 P 
 
 ;p : ! 
 
 CATKCIIISM OF MILITARY LAW. 
 
 A. 1. Striking or offering violence to any person 
 in whose custody the offender is placed. 
 
 2. lle.sisting an escort whose duty it is to appre- 
 hend him or have him in charge. 
 
 3. Breaking out of barracks, camp, or quarters. 
 
 4. Neglecting to obey any general, garrison, or 
 other orders. 
 
 5. Absenting himself without leave (excepting 
 absence without leave exceeding twenty-one days). 
 
 G. Failing to appear at the place of parade or 
 rcndez-vous appointed by his commanding officer, or 
 going from thence without leave before he is relieved, 
 or without urgent necessity, quitting the ranks. 
 
 7. Being found beyond any limits fixed or in any 
 place prohibited by order, without a pass or written 
 leave from his commanding officer ; or — 
 
 8. Absenting himself without leave from any 
 school when duly ordered to attend there. 
 
 9. Drunkenness. / 
 
 10. Making away with his arms, ammunition, 
 equipments, instruments, clothing, regimental neces- 
 saries, or any horse of which he has charge. 
 
 11. Losing by neglect any oi Jie above-mentioned 
 things. 
 
 12. Making away with any military decoration 
 granted to him. 
 
 13. Wilfully injuring anything above mentioned, 
 or any property of a comrade, or of an officer, or 
 regimental mess or band, or any regimental institu- 
 tion, or any public property. 
 
 14. lU-treating any horse i;sed in the public scfr 
 vice. 
 
1 
 
 CATECIILSM OF MILITAUY LAW. 
 
 37 
 
 tcr?. 
 son, or 
 
 luuiuuon, 
 tal ncccs- 
 
 15. Jkang guiU-y of any act, conduct, disorder, or 
 neglect, to the prejudice of good order and military 
 dificipline. 
 
 Q. 118. When a commanding officer deals with a Q. R. vr, 12, 
 case summarily, what punishment may he award ? iw^hniont 
 A. lie may award : — by c. o, 
 
 1. Imprisonment, with or without hard labor, 
 for any period not exceeding seven days : and — 
 
 2. In the case of drunkenness may, either in 
 addition to or without imprisonment, impose a fine 
 not exceeding ten shillings ($2,44), according to the 
 following scale : 
 
 I. For the first and second instances, no fine. 
 
 II. For the third and every subsequent instance : 
 («) If within three months of the previous in- 
 stance, 7s. 6d ($1.83) ; 
 
 (h) If over three months and within six months, 
 5s. ($1.22); 
 
 (c) If over six months, and within nine months, 
 2s. 6d. (Glcts) ; . 
 
 (d) If over nine months, no fine. 
 
 III. Where four preceding instances of drunk- 
 enness have been recorded against the offender 
 within the previous twelve months, 2s. Od. (Glcts) 
 will be added to the fine laid down in Rule II. 
 
 3. In addition to or without any other punish- 
 ment may order the ofll^nder to suffer any deduction 
 from his ordinary pay authorised by the Act. 
 
 4. In the case of absence without leave, he 
 may award imprisonment, with or without hard 
 labor, for a period not ejfceeding twenty-one days ; 
 
i'C 
 
 iki 
 
 38 
 
 CATECHISM OF MlUTMiV L.W. 
 
 Q.ll.Vl.42. 
 
 Minor pnnish- 
 
 Q.R.VI.42. 
 
 Vanishments 
 
 atteiulinK 
 confinement 
 
 tobavriicUs'- 
 
 V„i\ishments 
 
 tiuUjeet to 
 certain vvo- 
 
 visions. 
 
 «f 'imprisonment 
 
 i.wl if <^roatcr tnan 
 
 ,env. of absonc. .^^^^^ ^^^^.^ , 
 
 5. 1" ^'- -f "^;J; " «ara acr.ivat-.on ot 
 
 oxceedn.^ five days, l.c ... y ^,^^ ,^^,,„ec 
 
 out award. fc mav a com- 
 
 Q. 119. What ...U.OV pu...«l....cnt. ...ay 
 
 ma..aing officcv award ? ^ _^..^j ^^^^ 
 
 .4 („)Co..finc...ontt«l.arracksloranyi 
 
 ■ ~ excccduig 28 days. 
 
 CO K^-«7-^^"\tTe";o,.av.-acVs carry 
 Q, 120. What docs confiocmcMX 
 
 '*'"''''■ ,-.. ,o the cxtct of fourteen 
 
 A, ra..ishn.cnt dr. to ^^^^^ ^^^^^^, 
 
 a,j.., the taV.n^ <;^U»;- ;" -^1, ,, be employed 
 
 ^"^r"ntti^:e"'rtt^-.-^-'»-^*^'=^"'- 
 
 on duties ot tatii^uc, 
 
 uiancVuv^ officer. ^ ,^ punisli- 
 
 ^ 121. To vvWU provision, arc tilt 
 
 monts su\)ject ? _ .vccciVm"; seven days 
 
 -M'O.W;--''XrS.rieav^.-'T 
 i« awarded for absence ._^ ^^^. .^„ ^„ ^,, 
 
 l,u>,\sh.uent ...ust not be g 
 
 i,„p,.isonmcnt. „„t „p to .even days 
 
 days. ,';' . . . ; ; ^. ..^ .,. " 
 
 i tHi 
 
iicnt 
 the 
 
 not 
 on of 
 iscncc 
 vvith- 
 
 L com- 
 .ocl not 
 
 ks carry 
 
 fourteen 
 iittcnd- 
 uiploycd 
 the com- 
 
 v'c pvinisli- 
 
 seven days 
 
 a minor 
 
 tlon to the 
 
 ccvcn (lays 
 en days, in 
 
 CATECHISM OF MILITARY LAW. 39 
 
 (3). When an award includes iuiprisonmcntanda 
 minor punishment, the latter will take eifect at the 
 termination of the imprisonment. 
 
 (4). A single award of punishment, including im- 
 prisonment and confinement to barracks, will not 
 exceed 28 days. 
 
 (5). A soldier undergoing im|)ri.sonment or confine- 
 ment to barracks uiay, for a fi esli oflVnce, be awarded 
 further punishment of imprisonment or a minor pun- 
 isliment, or both, provided that no soldier shall be 
 imprisoned by summary award for more than seven 
 consecutive days (except for absence without leave) 
 and that the whole extuit of consecutive punishment 
 including imprisonment and confinement to barracks 
 shall not exceed 5G days in the aggregate. 
 
 (6). Defaulters are not to be recjuired to undergo 
 any portion of their punishment drill or confinement 
 to barracks which may have elapsed by reason of 
 their being in hospital or emjiloyed on duty. 
 
 Q. 122. How is punishment drill to be carried Q. U. VL 4:5. 
 
 A. Punishment drill is not to exceed one hour at 
 a time, and is to consist of marching in (juick time 
 only and not of instruction drill. In very cold weather 
 the double may be used for short periods at a time. 
 Under no circumstances is it to exceed four hours 
 altogether in the same day. 
 
 Q. 123. To what extent may a commanding (^. h. yi, tn. 
 officer delegate the power of punishment to officers I>*'i«'s-Mtii);,' 
 
 j ■ 
 
 I' 
 
 commandinir ti 
 
 oops- 
 
 batter 
 
 les, or comjtanies 
 
 |> iwer. 
 
40 
 
 CAT£cnt8Ili OV MtLltARV LAW. 
 
 Q. R. VI. 44. 
 
 Vunishmcnt 
 ofN. 0. 0. 
 by C. 0. 
 
 Q. R. Vr. 34. 
 
 Entry of 
 uwards by CO, 
 
 Q. R. vr. 34. 
 Entry of 
 awards by 
 officers com- 
 manding com- 
 panies. 
 
 i i 
 
 r 
 
 i| 
 
 jl 
 
 1 
 1 
 
 ! !^ 
 
 i 
 
 : 
 
 U 
 
 1 i 
 
 Q. R. VI. 34. 
 
 Minor offence 
 report. 
 
 Q. R. VI. 34. 
 Case of 
 prisoner 
 remanded. 
 
 A. A. 42. 
 Remedy of 
 officer. 
 
 A. For minor offences, the power of awarding 
 ininor punishments, not exceeding seven days' confine- 
 ment to barracks. 
 
 Q, 124. Are non-commissioned officers to be sub- 
 jected to summary or minor punishments? 
 
 A. No, but they may be reprimanded, or severely 
 reprimanded, by the commanding officer; and acting 
 and lance non-commissioned officers may be ordered 
 to revert to their permanent grade. 
 
 Q. 125. Where is the award or decision of the 
 commanding officer to be entered ? 
 
 A. lu the guard report or minor oifonce report, as 
 the case may be, and signed by him. 
 
 Q, 1 26. How are awards of punishment by officers 
 commanding troops or companies entered ? 
 
 A. They are reported to the commanding officer, 
 before the hour for the disposal of prisoners, and, 
 together with any remissions or remarks which ho 
 may find it necessary to make, entered in the minor 
 offijnce report for the day, below the cashes disposed 
 of by the commanding officer. • 
 
 Q. 127. What is done with this report after being 
 signed by the commanding officer ? 
 
 A. It is attached to the guard report for the day, 
 
 Q, 128. What is done in the case of a prisoner in 
 the guard room remanded for further inquiry? 
 
 A. His case is brought under review daily until 
 disposed of, and the order for remand will be entered 
 daily ifi the guard report by the commanding officer. 
 
 Q. 129. What remedy has an officer who consi- 
 ders himself wronged by his commanding officer ? 
 
CATF.rTTTftM or JVilLITARY LAW. 
 
 41 
 
 until 
 itercd 
 Officer. 
 
 consi- 
 ii? 
 
 A. A. 43. 
 Ri incdy of 
 soldier. 
 
 A. If on due npplication he docs not receive from 
 his commanding officer the redress to which he con- 
 siders himself entitled, he may complain to the com- 
 mander in chief, who is required to examine into such 
 complaint. 
 
 Q. 130. What remedy has a soldier who considers 
 himself wronged? 
 
 A, (a) If he considers himself wronged by any 
 officer other than his captain, or by any 
 soldier, he may complain thereof to his 
 captain, 
 (?>) If he thinks himself wronged by his 
 captain, either in respect of his complaint 
 not being redressed or in respect of any 
 other matter, he may complain tlicrcof to 
 his commanding officer, 
 (c) If he thinks himself wronged by lu's com- 
 manding officer, either in respect of liis 
 complaint not being redressed or in respect 
 of any other matter, he may complnin 
 thereof to the general or other officer c^m- ' 
 
 manding the district. 
 
 Q. 131. What is required of every officer to whom a. a. 43. 
 such complaint is made ? ?"^^ "*' ''^''''' 
 
 A. He is to cause suo'i complaint to be enquired plaint is nuulc. 
 into, and, if on enquiry he is satisfied of the justice 
 of the complaint so made, to take such steps as may 
 be necessary for giving full redress to the complainant. 
 
 Q. 132. When a commanding officer remands a R. 0. P. 5. 
 soldier for trial by general or district court m^irtial, c.'q ^^ml"*^ '*^ 
 
 what is his course of procedure ? 
 
 HClld- 
 
 ing prisoner for 
 trial by C. M. 
 
 It 
 
'II 
 
 •,11 i ; 
 
 'li i ' 
 
 42 
 
 R. 0. P. 5. 
 "Summary of 
 ovidoncc." 
 
 R. 0. P. 5 (A) 
 Cross examin- 
 ation by 
 prisoner. 
 
 R. 0. P. 5 (C) 
 Rehearing 
 case. 
 
 R. 0. P. 5. (E) 
 Copy of sum- 
 mary for 
 prisoner. 
 
 CATECHISM OF MlLiiAnY LAW. 
 
 A. He takes, or directs to be takcu^ a summary of 
 tlie evidence and encloses it to the general command- 
 ing, together with the charge sheet, the accused's 
 
 defaulter sliect, statement as to character, and a list 
 of witnesses for the prosecution, and asks that a 
 court niarti il be orJered to assemble for the trial of 
 the prisoner. 
 
 Q. 133. Wliat is the ''summary of evidence?" 
 A. It is the evidence of the witnesses wl»o were 
 before tlie commandinsr oflSccr taken down in writinjij 
 in presence of the prisoner Jind subscribed to by the 
 witnesses, to which is added any statement of the 
 prisoner material to his defence, 
 
 Q. 134. Has the prisoner the right of cross-exam- 
 ining the witnesses? 
 
 A. Yes, if there is any variance or discrepancy 
 between the evidence as given on the former and 
 latter occasions. i 
 
 Q. 135. After the summary of evidence has been 
 taken may the commanding officer reliear tlie case? 
 
 A. Yes ; he may rehear the case and reconsider 
 his decision. 
 
 Q. 136. How may the prisoner obtain a copy of 
 the summary of evidence ? 
 
 A. The convening officer may order a copy to be 
 given to him, or, if the convening officer should not 
 so direct, he may request a copy which shall be fur- 
 nished him upon payment of one penny for every 
 seventy-two words, or the court before which lie is 
 tri^d may order ^ copy to be furnished t-o him gratis, 
 
CATECHISM OF MILITARY LAW. 
 
 43 
 
 y of 
 ind- 
 
 jcd's 
 
 I list 
 lat a 
 ialoF 
 
 ?" 
 were 
 
 riting 
 bv the 
 of tho 
 
 cpancy 
 icr and 
 
 as been 
 c case? 
 .•onsidcr 
 
 copy of 
 
 y to be 
 lould not 
 be fur- 
 •r every 
 1 be is 
 gratis, 
 
 R. 0. P. 11. 
 
 * Particulars." 
 
 1 
 
 or may permit him to inspect the summary laid 
 before tlie court. 
 
 Q. 137. What is the "charge sheet? " R. 0. P. U. 
 
 A. The cliargc sheet contain^ the whole issue or i^J,^JJ^!^^'*' 
 issues to be tried by a court martial jit one time, 
 jind may contain one charge or several charges. 
 
 Q. 138. What should each charge state? R. 0. P. 11. 
 
 A. Each ehar<:!re should be a statement of one ^'jntontsof 
 ° ^ Cliarge 
 
 offence only, expressed in the words of the Army sheet. 
 
 Act, 1881. It is divided into two parts : 
 
 1. The statement of the offence; and 
 
 2. The statement of the j)(/r/i*c«/«/' of the act, 
 neglect, or omission constituting the offence, 
 
 Q. 139. What should " the particulars " state ? 
 
 A. ''The particulars" should state such circum- 
 stances respecting the alleged offence as will enable 
 the accused to know what act, neglect, or omission is ^ 
 
 intended to be proved against him. . 
 
 Q. 140. What should be done in a cise where it Q. R. VI. 36. 
 
 1 1 ii^ 1 •!• ii • 1 •!! Doubtful case, 
 
 appears doubtinl it the evidence will .'rccure a con- cms,. i„ 
 viction ? 
 
 J. It should not be sent before a court martial 
 unless it is important that the guilt or innocence of 
 the accused should be definitely settled. 
 
 Q. 141. Is a soldier to be tried by court martial Q- R. VL .'■)2. 
 
 , p . , , , „ Simple diunk- 
 
 for an act of simple drunkenness r enness. 
 
 A, No, unless it is *' an aijrijrravatod offence of 
 drunkenness," or unless four instances of drunkenness 
 have been recorded against him in the defaulter 
 book within the previous twelve months. 
 
44 
 
 CATECHISM OF MILITARY LAW. 
 
 I i!!i 
 
 I m 
 
 1 
 
 ( 
 
 1 
 
 I' 1 
 
 r> : 
 
 i 
 
 ; 
 
 i 
 
 A. A. 44. 
 
 Aj;gravated 
 drunkcnnci-s. 
 
 Q. R. VL 52. 
 Four previous 
 convictions. 
 
 Q. R. VI. 57. 
 Punishment 
 for simple 
 drunkenness. 
 
 Q. R. VI. 57. 
 Imprisonment 
 for drunken- 
 ness. 
 
 Q. R. VI. 59. 
 
 Q. 142. What is an] ''aggravated oflfence of 
 drunkenness"? 
 
 A. It means drunkenness committed on the march 
 or otherwise on duty, or after the offender w;.s 
 warned for duty, or when by reason of the drunk- 
 enness, the offender was found unfit for duty. 
 
 Q, 143. Is it optional for commanding officers to 
 try by court martial or dispose summarily of cases of 
 drunkenness where theie are four previous convic- 
 tions ? 
 
 A. Yos, but if the previous instances of drunken- 
 ness recorded amovv * t S^^^ within the previous 
 twelve months the offender should, as a rule, be tried 
 by court martial. 
 
 Q. 144. Ill dealing with cases of simple drunker- 
 nesss, unconnected with another offence, should con- 
 finement to barracks be added to a fine ? 
 
 A. Not unless the aL'gruvated nature of the 
 offence seems to demand it. 
 
 Q. 145. Should iniprisonnjcnt bo awarded for an 
 instance of drunkenness not triable b^^ court martial ? 
 
 A. No, except where the amount of unpaid fines 
 for drunkenness recorded against a soldier is 20s. 
 ($4.87) and upwards, in which case a commanding 
 officer should abstain from awarding an additional 
 fine, and should substitute imprisonment or some 
 other punishment which it is in his power to award. 
 
 Q. 14G. Docs the award of a fine entail an entry 
 in the regimental defaulter book ? 
 
 ^. No. 
 
CATfiCIIISM OP MILITARY LAAV. 
 
 45 
 
 of 
 
 ivcli 
 
 w;.9 
 ank- 
 
 ',rs to 
 ses of 
 )nvic- 
 
 inken- 
 
 evious 
 c tried 
 
 uuken- 
 Id cou- 
 
 of the 
 
 for an 
 •artial V 
 d fines 
 
 is 20s. 
 anding 
 ditional 
 or some 
 
 award. 
 
 an entry 
 
 n 
 
 Prisoners' Preparation for Defence. 
 
 Q. 147. Wlicn a prisoner is to be tried hy court- r. o.P. 14. 
 
 martial, what fiicilitles are afforded him for defend- p>'"*ont'r ♦" *>e 
 
 ing himself? charge. 
 
 yl. Before being arraigned he is to be informed 
 ])y an officer of every charge on which he is to be 
 tried, and at the ^-ame time to be given a copy of 
 the charge sheet, wliieh, if necessary, is to be ex. 
 plained to him, and, if he is illiterate, read to liim, 
 A li.'-t of the officers who are to form the court is 
 al-o to be furnished to him if he desires it. 
 
 Q. 148. What interval should elapse between his R 0. P. 14. 
 
 , . . p 1 /« .1 1 1 • 1 1 • , 1 Inteiviil before 
 
 being inlormeel ot tlie charge on which he is to be ^^i.^j 
 tried and his arraignment? 
 
 A. ihe interval between his beinc: so informed 
 and his arraignment should not be less, in the case 
 of a regimental court martial, than eighteen, and in 
 the case of any other court martial, than twenty-four 
 hours. 
 
 Q. 140. ITow does a prisoner secure the attend- 
 aneo of his witnesses? 
 
 A. On liis giving the names of any wltues:^es whom 
 he desires to call in his tlefence, reasonable .^teps 
 must be taken to procure their attendance. 
 
 R.O.P. 14. 
 
 PrisoiKM'.s 
 witi.es.'-L'i'. 
 
 to 
 
 Q. 150. IMay two or more prisoners In; tried R. o.P. IT). 
 
 ... " Trying two 
 
 gcther i „r more 
 
 A. Yes, for an offence charged to liave been com- p'i-^oncrs. 
 milted by them collectively. 
 
 Q. 151. Is it necessary to give notice of such in- U. O.P. 15. 
 
 . . o Notice of 
 
 t*^nt'«»» ^ intention. 
 
 t 
 
 :}" 
 
I'm 
 
 m 
 
 M 
 
 46 
 
 R. 0. P. 15. 
 
 May claim 
 soparato trial. 
 
 A. A. 162. 
 Not to bo trictl 
 twice. 
 
 A. A. 162. 
 Kxcci)t by civil 
 law. 
 
 I)cscripti(}ns 
 of courts mar- 
 tial* 
 
 M. A.73. 
 Procedure, «fec. 
 Same in 
 militia. 
 
 CATECHISM OF MILITARY LAW. 
 
 A. Yes ; notice of the intention to try tlie pris- 
 oners together should be given to each prisoner at the 
 time of his being informed of the charge. 
 
 Q. 152. May any prisoner chiim a separate 
 trial ? 
 
 A. Yes, if the evidence of the other prisoners is 
 material to his defence* 
 
 Q. 153. Is a person subject to military law who 
 has been acquitted or convicted of an offence by 
 a competent civil court, liable to be tried again by 
 court martial ? 
 
 A, No. 
 
 Q. 154. May a person sentenced by a court 
 martial to punishment for an offence be afterwards 
 tried by a civil court for the same offence ? 
 
 A. YeSf but that court in awarding punishment 
 is required to have regard to the military punish- 
 ment already undergone. 
 
 Courts Martial, 
 
 Q. 155. How many descriptions of courts martial 
 are there ? 
 
 A. There are three ordinary courts martial, namely, 
 general, district, and regimental ; and two extra- 
 ordinary courts martial; namely, field general, and 
 summary. 
 
 Q, 156. Are the composition, modes of procedure 
 and powers of militia courts martial in Canada the 
 same as those of courts martial of Her Majesty's 
 regular forces ? 
 
CATK(;ilISM OK MIMTAUY LAW, 
 
 A. Yes, so far as tlicy arc not inconsistant with 
 the Militia Aot. 
 
 Q. 157. By whouj may a general court martial be 
 convened ? 
 
 A. By Her Majesty, or some officer authorized by 
 her, 
 
 Q, 158. Of how many officers does a general 
 court martial consist ? 
 
 A. In the United Kingdom, India, Maltn, and 
 Gibraltar of not less than nine, and elsewhere of 
 not less than five officers, each of whom niust liavo 
 held a commission during not less than three whole 
 years, and of whom not less than five must be of a 
 rank not below that of captain. 
 
 Q. 159. On the trial of an officer, of what rank 
 should the members of the court martial be ? 
 
 A. They should be of an equal, if not superior, 
 rank to that officer, unless officers of that rank are 
 not available, but in no case may an officer under 
 the rank of captain be a member of a court martial 
 for the trial of a field officer, 
 
 Q. 1()0. AVhat are the powers of a general court 
 martial ? 
 
 A. A general court martial has the power to try 
 every offi^ncc committed by persons subject to mili- 
 tary law. 
 
 Q. IGl. Of what rank is the president of a 
 general court martial ? 
 
 A. Whenever a general officer or a colonel is 
 available, an officer of inferiqr rank is not to be 
 appointed. 
 
 47 
 
 A. A. 48. 
 Ooiioral C. M., 
 by wliom con- 
 vened. 
 
 A. A. 4«. (.'?) 
 Number iind 
 I'link of officers, 
 
 T^. 0. p. 21, 
 
 On trial ot" 
 otiieer. 
 
 A. A. 48. (<•)) 
 Power.-*. 
 
 Q. R. VT. 95. 
 
 Pieudont, 
 
 
 
 ' i 
 
 
 t 
 
 1 
 ; 
 
 
 1 
 
 
 i 
 
 
 1 
 
'I 
 
 i|! 
 
 I liii- 
 
 48 
 
 CATECHISM OF MILITAUY LAW. 
 
 A. A. 44. 
 
 Sentences in 
 the case of 
 officer. 
 
 A. A. 44. 
 
 Q. 102. What sentences maybe given by a gen- 
 eral court martial in the case of an officer ? 
 
 A. A general court martial can sentence an officer 
 
 to— 
 
 (a) Death. 
 
 (i) Penal servitude for a term not less than 
 
 five years, 
 (c) Imprisonment, with or without hard labor, 
 
 for a term not exceeding two years. 
 (J) Cashiering. 
 (e) Dismissal. 
 (/) Forfeiture of seniority of rank, cither in 
 
 the army, or in his corps, or in both. 
 (g) lieprimand or severe reprimand. 
 
 Q. 163. What must first be done to an officer 
 
 CashiorinK be- -in i • i • ^ i -.j 
 
 fore sentence, bctorc scntcncmg him to penal servitude or impris- 
 onment ? 
 
 A. He must first be cashiered. 
 
 A. A. 44. Q- 164. What sentences may be given by a court 
 
 A. A general court martial may sentence a sol- 
 dier to — 
 
 (a) Death. 
 
 (Z>) Penal servitude for a term not less than 
 five years. 
 
 (c) Imprisonment, with or without hard labor, 
 
 for a term not exceeding two years. 
 
 (d) Discharge with ignominy. 
 
 (e) Reduction of a noncommissioned officer 
 
 to a lower grade, or to the ranks, 
 (j/*) Forfeitures, fines, stoppages, 
 
CATECHISM OF MILITARY LAW. 
 
 49 
 
 Q. 165. By whom may a district court martial a. A. 48. (2) 
 
 be convened? District CM.. 
 
 by whom con- 
 A. A district court martial may be convened by vcned. 
 
 an officer authorized to convene general courts mar- 
 tial, or by an officer who is duly authorized so to do 
 by an officer having power to convene general courts 
 martial. 
 
 Q. 166. Of how many officers does a district A. A. 48. (4) 
 
 court martial consist ? ^"'"J'" «^ 
 
 members. 
 
 A. In the United Kingdom, India, Malta, and 
 Gibraltar, of not less than five, and elsewhere of not 
 less than three officers, each of whom must have held 
 a commis'sion during not less than two whole years. 
 
 Q. 167. What are the powers of a district court A. A. 48. (6) 
 martial ? ^'^^^^^ °^- 
 
 A. A district court martial has the same powers 
 as a general court martial except that it cannot try 
 an officer nor award the punishment of death or 
 penal servitude. 
 
 Q. 168. Of what rank is the president of a A.A.48. (n) 
 district court martial ? ^^^^^*^«"^ ^^^ 
 
 A. lie should not be under the rank of field officer, 
 unless the officer convening the court is under that 
 rank, or unless a field officer is not available. 
 
 Q. 169. When an officer of the rank of captain is Q. R. VI. 74. 
 not available as president of a district court martial 
 what course should be pursued ? 
 
 A. The power of convening the court should not 
 bj exercised except in case of necessity, and when the 
 case capnot be conveniently referred to ftu officer 
 lioldipg a superior command, 
 
 II 
 
50 
 
 CATECHISM OF MILITARY LAW. 
 
 I 
 
 
 Q. R. VI. 75. 
 Regimental 
 CM., by whom 
 .convened. 
 
 A. A. 47. (2) 
 Number of 
 iinombern. 
 
 A. A. 47. (5) 
 
 J*owcrs of. 
 
 A. A. 47. (4) 
 PnNsidcnt of. 
 
 R. 0. P. ID. 
 Disqualifica- 
 tion of mcuii 
 bcrs. 
 
 Q. 170. Who is tlic proper authority to convene 
 a regimental court martial ? 
 
 A. The commanding officer of the pernon charged. 
 
 Q. 171. Of how many officers does a regimental 
 court martial consist ? 
 
 A. Of not less than three officers, each of whom 
 must have hehl a commission during not less than 
 one whole year. 
 
 Q. 172. What are the powers of a regimental 
 court martial ? 
 
 A. A regimental court martial cannot try an 
 officer nor award the punishment of death or penal 
 servitude, or of imprisonment in excess of forty-two 
 days, but, otherwise, any offence committed by a 
 person subject to military law, and triable by court 
 martial, may be tried and punished by a regimental 
 court martial. 
 
 Q. 173. Of what rank is the president of a 
 regimental court martial ? 
 
 A. He is not to be under the rank of captain, 
 except on the line of march or on board ship, or 
 when a captain is not available, when an officer of 
 any rank may be president, 
 
 Q. 174, What officers are disqualified from sitting 
 on general, district, or regimental courts martial ? 
 
 A. An officer is disqualified if he-^ — 
 
 I. Is the officer who convened the court ; or 
 
 II. Is the prosecutor or a witness for the pro- 
 secution ) or 
 
I'AthCIllsSi OF Mll.iTAKY i.\\V. 
 
 51 
 
 vcnc 
 
 
 ciital 
 
 tlmn 
 
 tal 
 
 ncn 
 
 ,ry an 
 penal 
 ity-two 
 i by a 
 y court 
 mental 
 
 of ft 
 
 'aptain, 
 ;hip, 01 
 fieer oi 
 
 1 sitting 
 rtial ? 
 
 •t ; or 
 the pro- 
 
 III. Tiivestigated the charges before trial, or 
 was a inenibcr of a court of inquiry res- 
 pecting tlu' matters on which the charg< s 
 against the prisoner are founded ; or 
 IV. Is the commanding officer of the prisoner, 
 or of the corps or battalion to which the 
 prisoner belongs ; or 
 V. Has a personal interest in the case. 
 
 Q. 175. May the members of a general or district 
 court martial be officers of the same corps ? 
 
 A. As far as practicable, general and district 
 courts martial should be conjposed of officers of 
 diffijrent corps. 
 
 Q. 176. When miy a field general court martial 
 b" sembled ? 
 
 For the trial of an offi.'nce committed by any 
 person subject to military law against the property 
 or person of any inhabitant of or resident in any 
 country beyond the seas, when it is not practicable to 
 try such offence by an ordinary general court martial. 
 
 Q. 177. By whom may it be assembled ? 
 A. By any officer in command of any detachment 
 or portion of troops in such country. 
 
 Q. 178. Of how m;iny officers docs a field general 
 court martial consist ? 
 A. Of not less than three. 
 
 Q. 179. Who is to preside? 
 
 A. The convening officer may preside, but when 
 practicable he is to appoint another officer as pre- 
 sident, who, if possible, is not to be under the rank 
 of captain. 
 
 R. 0. P. 20. 
 
 To lu'ot (lii- 
 fcrent corps. 
 
 A. A. 49. 
 Field };oneriil 
 0. M.. wh(!ii 
 assembled. 
 
 A. A. 49. (1) 
 
 By wboiii. 
 
 A. A. 49. (1) 
 Number of 
 members. 
 
 A. A. 49. (1) 
 President of. 
 
 ! :• 
 
 V t'l 'I 
 
 i 
 
fr= 
 
 I 
 
 
 
 ■ 
 
 
 1 
 
 i ¥ 
 
 1 
 
 t' 
 
 B 
 
 . - 1 
 
 1 
 
 
 
 
 i 
 
 
 
 
 
 
 
 
 1 
 
 
 1 
 
 
 J 
 
 
 
 
 •t. 
 
 m 
 ' ill 
 
 
 
 
 
 
 ■ III 
 
 
 m 
 
 ■ 
 
 ■f. 
 
 
 
 
 
 : t 
 
 , i 
 
 1 
 
 ■ ] 
 
 • 
 
 \\ 
 
 i 
 
 ! 
 
 [ I. 
 
 1 
 
 
 1 • ^ 
 
 MBTT 
 
 1 
 
 62 
 
 R.O. p. 103(D) 
 Disqualifica- 
 tions. 
 
 A. A. 49. (2) 
 Death sen- 
 tonce. 
 
 A. A. 49. (3) 
 
 Other sen- 
 tences. 
 
 A. A. 55. 
 Suniiniry,C.M' 
 when asHcni- 
 bletl. 
 
 R. 0. P. 101. 
 By whom. 
 
 R. O. P. 105. 
 Num'>er of 
 momhers. 
 
 CATECHISM Ot MILITARY LAW. 
 
 Q. 180. What officers are disqualified from 
 serving on a field general court martial ? 
 
 A. The prosecutor, witnesses for the prosecution, 
 or any officer who has a personal interest in the case. 
 
 Q. 181. May sentence of death be passed by a 
 field general court martial ? 
 
 A. Yes, if all the members concur. 
 
 Q. 182. AVhat other powers has a field genend 
 court martial ? 
 
 A. It may award any sentence which a general 
 court martial is competent to award ; provided 
 always, that no sentence of any such court martial 
 shall be executed until properly confirmed. 
 
 Q. 183. When may a summary court njartial be 
 convened ? 
 
 A. When any person subject to military law and 
 being on active service with any body of forces is 
 charged with an offence, a summary court martial 
 m-iy be convened, if an ordinary court martial can- 
 not, having due regard to the public service, be 
 convened to try the offence. 
 
 Q. 18'i. liy whoui may a summary court martial 
 be convened ? 
 
 A. By the commanding officer of any corps or 
 porti^)n of a corps on active service, or by any officei 
 iu immediate command of a portion of a body of 
 forces on active service. 
 
 Q. 185. Of how many officers does the court con- 
 sist? 
 
 A. Of not less thau three, but if three officers arc 
 not available it may consist of two. 
 
M 
 
 CATECHISM OF MILITARY LAW. 
 
 53 
 
 t»...., 
 
 R.O.P.10 (B) 
 President of. 
 
 Q. 186. Who is to preside? 
 
 A. If the convening oflBcer is of opinion that three 
 other officers are not avaihible, he may appoint him- 
 self president; but if three other officers are avail- 
 able he should appoint another as president who 
 may be of any rank, but, if possible, should not be 
 below the rank of captain. 
 
 Q. 187. AVhat are the powers of a summary R. 0. P. 117. 
 
 , i.' 1 o Powers of. 
 
 court martial ? 
 
 A. The court, if consisting of three or more offi- 
 cers, may award any sentence which a general 
 court martial can award ; but if the court pass sen- 
 tence of death the whole court must concur. The 
 court, if consisting of two officers, may award any 
 sentence authorized for the oifence, not exceeding 
 summary punishment or two years' imprisonment 
 with hard labor. 
 
 Q. 188. What officers are disqualified from sitting R.o.P.lor).(D) 
 on a summary court martial ? ^ ulnT"*'^'''' 
 
 A. The provo.it marshal, an assistant provost 
 marshal, the prosecutor and witnesses for the prosecu- 
 tion. 
 
 Procedure at Trial. 
 
 Q. 189. On a court martial assembling what is R- 0. P. 22. 
 
 „ , , , n Procedure on 
 
 first to be done ? assembling. 
 
 A. The order convening the court is to be readj 
 and also the names, rank, and corps of the officers 
 appointed to serve on the court, and it shall be the 
 first duty of the officers appointed to serve on the 
 court to satisfy themselves that the court is legally 
 constituted ; [that is to say,] 
 
 
 %'■ 
 
 i> 
 
 
64 
 
 CATECHISM OF MILITARY LAW. 
 
 1 1 
 
 ! 1 
 
 il. 0. P. 22. (P) 
 If not satisfied 
 that court is 
 legally con- 
 stituted. 
 
 K. 0. P. 2.'?. 
 Next duty. 
 
 1^0. P. 23. (Ti) 
 If not satisfied 
 as to charge. 
 
 1. That the court has been properly convened. 
 
 2. That the court consists of a number of offi- 
 
 cers not less than the legal minimum. 
 
 3. That each of the officers so assembled is 
 
 eligible and not disqualified for serving 
 on that court martial. 
 
 4. That the president is of the required rank 
 
 and duly appointed ; and 
 
 5. In the case of a general court martial, that 
 
 the officers are of the required rank. 
 
 Q. 190. If not satisfied on these points what Is 
 the duty of the court ? 
 
 A. They should report their opinion to the con- 
 vening authority, and may adjourn for that purpose. 
 
 Q. 191. If satisfied, what is the next duty of the 
 court ? 
 
 A. They should make certain in respect to each 
 charge about to be brought before them, — 
 
 1 . That it appears to be laid against a person 
 
 amenable to military law and to the 
 jurisdiction of the court. 
 
 2. That each charge discloses an offiince under 
 
 the Army Act, and is framed in accord- 
 ance with the Rules of Procedure, and 
 is so explicit as to enable the prisoner 
 readily to understand what he lias to 
 answer. 
 
 Q. 192. If not satisfied on these points what is 
 the duty of the court ? 
 
 A They should report their opinion to the con- 
 vening authority, and may adjourn for that purpose. 
 
CATECHISM OF MILITAKY LAW. 
 
 55 
 
 Bit? 
 
 Q. 193, Between what hours may a court martial Q. R. VI. 96. 
 
 R. 0. P. 63. 
 
 each 
 
 Hours of sit- 
 
 A. A court martial will usually sit between 10 t»ng» 
 A, M. and 4 P. M., or 11 A. M. and 5 p. M. The time 
 should not exceed six, or, at the most, eight hours in 
 one day, but a court martial may sit at such times 
 and for such period between the hours of 6 A. M. 
 and 6 P. 3i. as may be directed by the proper mili- 
 tary authority, and the trial may be continued after 
 6 P. M, if necessary, the reason for so doing to be 
 recorded in the proceedings, In cases requiring 
 an immediate example, or when the convening offi- 
 cer, or officer commanding any body of troops, certifies 
 under his hand that it is expedient for the public 
 service, trials may be held at any hour and on any 
 day, even Sundays, Christmas Day, or Good Friday. 
 
 Q. 194. How are the members of a court martial How members 
 
 ■ TO arc seated, 
 
 seated r 
 
 A. The president takes his scat at the head of the 
 
 table, the senior member on his right, the next 
 
 senior on his loft, and so on. 
 
 Q. 195. Wliat arc the duties of the president? r. o. P. 58. 
 
 A. He is responsible for tlie trial being conducted l?"^'*'/' of pic- 
 ^ ^ ^ " sident. 
 
 in proper order and in accordance witli the Army 
 Act and Rules of Procedure, and will take care that 
 everything is conducted in a manner befitting a 
 court of justice. It is his duty to see that justice 
 is administered, and that the prisoner has a fair 
 trial, and that he does not suffer any disadvantage 
 in consequence of his position as a prisoner, or of 
 his ignorance or of his incapacity to examine or 
 cross-examine witnesses, or otherwise, 
 
! 
 
 56 
 
 Q. R. XII. 13. 
 Uniform to bo 
 worn. 
 
 An open court. 
 
 R. 0. P. 24. 
 When prisoner court? 
 brought in. 
 
 CATECHISM OF MILITARY LAW. 
 
 Q. 196. What uniform do officers wear when at' 
 tcndina; courts martial ? 
 
 A. On court martial duty, officers will, as a rule, 
 attend general courts martial in review order; 
 district, in marchhuj order; and regimental, in drill 
 order. 
 
 Q. 197. fs a court martial an open court? 
 A. Yes, except when closed for deliberation. 
 
 Q. 198. When is the prisoner brought before the 
 
 Q. R. VI. 97. 
 
 Not to be 
 handcuffed. 
 
 R. 0. P. 24. 
 
 Q. R. VI. 91. 
 
 Prosecutor. 
 
 A. After the court have satisfied themselves on 
 all the preliminary points the prisoner is brought 
 in under escort. 
 
 Q. 199. Arc prisoners to be handcuffijd ? 
 
 A. Not unless it is absolutely necessary for the 
 purpose of preventing their escape or rescue, or of 
 restraining their violent conduct. 
 
 Q, 200. When do the prosecutor and witnesses 
 appear ? 
 
 A. At the same tlm^ as the prisoner is brought 
 in. 
 
 Q. 201. Who is the prosecutor ? 
 
 A. Any officer who is himself subject to military 
 law and is fully competent to conduct the proceed' 
 
 ings. 
 
 Q. R. VI. 92. 
 Duties of. 
 
 Q. 202. What arc the duties of the prosecutor ? 
 
 A. It is the duty of a prosecutor to bring all the 
 facts of a case full''^ before a court in evidence, and 
 to take care, especially where the prisoner is not 
 assisted in his defence, that no material fact, in con- 
 nection with the offence charged is omitted which 
 
mglit 
 
 itary 
 Ice ed- 
 itor ? 
 II the 
 and 
 not 
 con- 
 Ihich 
 
 CATECHISM OF MILITARY LAW. 
 
 57 
 
 WDtild, ^if given in evidence, tell in favor of tlie 
 prisoner. 
 
 Q. 203. After the prisoner is brought into court r. o. P. 25. 
 what next is done ? " Challenging. 
 
 A. The order for the assembly of the court and 
 the wamnts or order appointing the president arc 
 produced ;ind read. The names of the president and 
 members are then read over, each officer answering 
 " here, sir," and tlie prisoner is asked if he objects 
 to any of them. This is called challenging them. 
 
 Q. 204. Should a prisoner avail himself of his a. A. 51. 
 
 ri<:;lit to challenge the president or any member of P'""J'«J"''« '^" 
 ^ . chiillenge« 
 
 tlie court, what proceedings take place ? 
 
 A. If the objection is to the president, such objcc 
 tion, if allowed by one-third or more of tlie other 
 officers appointed to form the court, shall be allowed, 
 and the court shall adjourn for the purpose of the 
 appointtncnt of another president. If the objection 
 is to a member other than the president, and is 
 allowed by one-half or more of the votes of the officers 
 entitled to vote, the objection shall be allowed, and 
 the member objected to shall retire, and liis vacancy 
 be filled by another officer. 
 
 Q. 205. What is the first step after the court is j^ q p 0(5 27. 
 properly constituted ? 31- 
 
 A. The members of the court are sworn and also 
 the judge advocate (if any), all officers attending 
 lor the purpose of instruction, shorthand writers, 
 and interpreters. (See forms, pages 131, 132) » The 
 prisoner is arraigned on the charges against him 
 and required to plead separately to cacli charge. 
 
 1 I 
 
 ! 
 
 
 . -i ■ 
 
 t>^ 
 
JT- 
 
 I,! 
 
 M 
 
 ! 
 
 58 
 
 Judge advo- 
 cate general. 
 
 Duties of. 
 
 R. 0. P. 99. 
 Judge 
 advocate. 
 
 R. 0. P. 99. 
 Wljcro ap- 
 pointed. 
 
 R.O. P. 99.(R) 
 Officers dis- 
 qualified as. 
 
 R. 0. P. 101. 
 Powers and 
 duties of. 
 
 CATEOlilSM OF MlLltAUY LAW. 
 
 Q. 206. Who is the judge advocat j general ? 
 
 A. A civilian lawyer and a member of the Privy 
 Council, to whom all proceedings of general courts 
 martial which mu.st be confirmed by the Sovereign 
 are sent. 
 
 Q. 207. What are his dutk]? 
 
 A. To examine into the legality of the proceed- 
 ings. 
 
 Q. 208. Who is the judge advocate ? 
 
 A, A military man appointed by the convening 
 officer where he is authorized to do so. lie repr..'- 
 sents the judge advocate general. 
 
 Q. 209. On what courts is he appointed ? 
 
 A. A judge advocate must be appointed in the 
 case of a general, and may be appointed in the 
 CMse of a district court martial. 
 
 Q. 210. What officers are disqualified for acting 
 as judge advocates ? 
 
 A. Any officer who is disqualified for sitting 
 on a court martial. 
 
 Q. 211. What are the powers and duties of a 
 judge advocate? 
 
 A. (^a). A judge advocate advises both prisoner 
 and prosecutor on all questions of law. 
 (h). lie is responsible for informing the court 
 of any informality or irregularity in the 
 proceedings, and will give his advicj on 
 any matter before the court, 
 (c). At the conclusion of the case he will, 
 unless both he and the court consider it 
 unnecessary, sum up the cvidence,and give 
 
Ltint:; 
 
 will, 
 cr it 
 
 iiivc 
 
 CATECHISM OF MILITARY LAW. 
 
 his opinion upon the legal bearing of tho 
 case before the court proceed to deliberate 
 upon their finding. 
 
 (f/). It is his duty, (qually with the presi 
 dent, to f^iee that the prisoner docs not 
 E'uffcr any dif-advantagc from any cause, 
 and, with tlie permission of the court, 
 may call witnesses and put any questions 
 to witnesses which may appear to him 
 necessary to elicit the truth. 
 
 (e). lie is to maintain an entirely impartial 
 position. 
 Q. 212. Is a judge advocate required in the case 
 of a field general court martial ? 
 A. No. 
 
 Q. 213. May an officer be added to a court martial 
 after the prisoner has been arraigned? 
 
 A. No. 
 
 Q. 214. What is tlic eflfect of an officer being 
 absent while any part of the evidence on the trial of 
 a prisoner is being taken ? 
 
 A, He can take no further part in the trial. 
 
 Q. 215. Are witnesses permitted to be in court 
 when not under examination ? 
 
 A. No. . ' ^ _ ^'■ 
 
 Q. 216. At what stage of the proceedings do they 
 withdraw? 
 
 A. After the members of tlft court are sworn and 
 before the prisoner is arraigned. 
 
 Q. 217. When a prisoner is called upon to plead, 
 what courses arc open to him ? 
 
 69 
 
 R.0.IM()3.(E) 
 Not requireil 
 on field general 
 C. M. 
 
 R. 0. r. 67. 
 Member not 
 to bo added to 
 C. M. after ar- 
 raignment. 
 
 R. 0. P. 67. 
 Members tcm- 
 poralily absent 
 
 R. 0. P. 79. 
 
 Witnesses to 
 bo out of court 
 
 When to with- 
 draw. 
 
 R.O.P.32,31,35 
 
 Prisoner 
 
 pleading. 
 
 1 
 
 I 
 
 M- 
 
 h 
 
!i 
 
 I 
 
 m 
 
 ill 
 
 mi 
 
 
 i ! 
 
 60 
 
 R. 0. P. 34. 
 Objection by 
 prisoner. 
 
 II. 0. P. 33. 
 If prisoner's 
 objection al- 
 lowed. 
 
 Special picas. 
 
 CATECHISM OF MILITARY LAW. 
 
 A. He may plead : — 
 
 (1). Not guilty. 
 
 (2). Guilty. 
 
 (3). Refuse to plead. 
 
 {4). Object to the charge on the ground tiiat it 
 does not disclose an offence under the Arujy Act, cr 
 is not in accordance with the Rules of Procedure. 
 
 (5). OflFer a special plea to tlie general jurisdlc- 
 •tion of the court. 
 
 Q. 218. What course is pursued should the pris- 
 oner object to the charge or plead to the general 
 jurisdiction of the court? 
 
 A. The court may disallow the objection, or allow 
 it and report to the convening officer, and, after hear- 
 ing any evidence produced in support of the special 
 plea or by the prosecutor in reply, may allow,or over- 
 rule the plea, or refer the poipt to the convening 
 authority. 
 
 Q, 219. Should the court allow the prisoner's 
 objection to the charge, has the convening authority 
 power to amend it ? 
 
 A. Yes, he may either direct a new trial to be 
 commenced, or amend the charge, and order the 
 trial to proceed with such amended charge after due 
 notice to the prisoner. 
 
 Q. 220. Uive examples of the special pleas usually 
 offered to the general jurisdiction of the court ? 
 A, Some of the commonest are : 
 
 (a). That the court has no jurisdiction over 
 
 the prisoner. 
 (h). That the prisoner is not amenable to 
 military law, 
 
CATECHISM OF MILITARY LAW. 
 
 61 
 
 mally 
 
 over 
 
 )le to 
 
 (c). That the court is not legally constituted. 
 
 (<1). That the prisoner is only triable by a 
 higher court. 
 
 (c). Lapse of time of limitation. 
 
 (f). That the prisoner has already been tri( d 
 for the ofienco, or punished by his com- 
 manding officer. 
 
 (g). Condonation. 
 
 Q. 221. What is meant by " condonation " ? Meaning of 
 A. Such acts as intentionally putting arms in ''c<>»'l«n»- 
 a prisoner's hands for duty, or releasing a prisoner 
 from confinement with a full knowledge of tlic 
 circumstances. 
 
 Q. 222. Must any objection or special plea be Disposal of 
 
 disposed of before the trial proceeds ? objections be- 
 
 * * fore trial. 
 
 A. Yes. 
 
 Q. 223. Should the prisoner plead "guilty" what u. o. P. 35. 
 
 should the court ascertain before record in e; the plea? ^"^^ "^ ^^"^*^ 
 
 ° * on plea of 
 
 A. That the prisoner understands the nature of "guilty." 
 the charge to which he has pleaded *' guilty," and 
 should inform him of the general cfiectof that plea, 
 and in particular of the difForencc in the procedure 
 which will be made by that plea. 
 
 Q. 224. Is any evidence taken when a prisoner i^,o.p.:?f(C.E.) 
 pleads *' guilty " ? 'J'aking 
 
 A. If there is a summary of evidence it should be 
 annexed to the proceedings, and, if there is not, the 
 court should take suflicient evidence to enable them 
 to determine the sentence, and the confirming officer 
 to know all the circuipstanccs connected with the 
 offence. 
 
 cviilQnQC, 
 
 li 
 tl 
 
 
 i : 
 
 .1 . 
 
62 
 
 CATECHISM OF MILITARY LAW. 
 
 R.O.P. 36.(D.) 
 Witnesses as 
 jto character. 
 
 R. 0. P. 30. 
 Points in miti- 
 gation of pun- 
 ishment. 
 
 R. 0. P. 35. 
 Refusing to 
 plead. 
 
 R. 0. P. 38-9. 
 Plea of «'not 
 guilty." 
 
 Q. 225. Is a prisoner who pleads " guilty " 
 allowed to call witnesses ? 
 
 A. He may call witnesses as to his character, and 
 may make a statement in mitigation of punishment, 
 but no other address will be allowed. 
 
 Q. 22G. Respecting .what point should great care 
 be exercised ? 
 
 A. That everything brought forward in miti- 
 gation of punif-hment is properly recorded. 
 
 Q. 227. If a prisoner should refuse to plead what 
 is done ? 
 
 A. A plea of " not guilty " is to be recorded. 
 
 Q. 22S. Should a prisoner plead " not guilty " 
 how does the trial proceed ? 
 
 A, (1) The prosecutor may, if he desires, make 
 an opening address. 
 
 (2) The evidence for the prosecution is then 
 taken. 
 
 (3) At the close of the evidence for the pro- 
 secution, the prisoner will be asked if he 
 intends to call any witnesses other than 
 witnesses as to character. 
 
 If he states that he does not,— 
 
 (4) The prosecutor may address the court a 
 second time, for the purpose of summing 
 up the evidence. 
 
 (5) The prisoner will be asked if he has any- 
 thing to say in his defence, and may 
 address the court. 
 
 (G) The prisoner may call wltnesse 3 as to his 
 character. 
 
CATECHISM OF MILITARY LAW. ■ C3I 
 
 (7) The prosecutor may produce, in reply to 
 the witnesses as to cliaractcr, proof of 
 former convictions and entries in the 
 defaulter's book, but he may not again 
 address the court. 
 
 If the prisoner states that lie intends to call R- 0. P, 40, 
 
 . If ijrisoncr 
 
 Witnesses otlier than witnesses as to character culls witiussc^ 
 the procedure will be: 
 
 (5) The prisoner will be asked if he has any- 
 tliing to say in his defence, and may 
 address the court. 
 (()) The prisoner may call his witnesses, in- 
 cluding witncs.«-es as to character. 
 
 (7) After the evidence of all the witnesses for 
 the defence has been taken the prisoner 
 may again address the court. 
 
 (8) The prosecutor will be entitled to ad- 
 dress the court in repl^'. 
 
 Friend of Prisoner and Counsel. - 
 
 Q. 229. May a prisoner have a person to assist ii. o. \\ h.'), 
 
 him during the trial ? Prisoner's 
 
 A. Yes, whether a legal adviser or any other 
 person. 
 
 Q, 230. What may such person do ? Privileges of 
 
 A. lie may advise the prisoner on all points, and, f'''^'"ti- 
 if an officer subject to military law^, has the same 
 rights and duties as are conceded to counsel under 
 the rules. 
 
 Q, 231. Are counsel allowed to appear at general r. o. P. 80. 
 courts martial ? ^«""^^''- 
 
 A. Yes, either on behalf of tlie prosecutor or of 
 the prisoner. 
 
 i-i 
 
 m 
 
Ill 
 
 ii 
 
 
 
 
 '' 
 
 
 , 
 
 
 ji 
 
 
 
 ! 
 
 ■ 
 
 
 
 ;i 
 
 1 '" 
 
 
 
 
 i 
 
 
 G4 
 
 CAfECIlti^M Of MILITARY LAW. 
 
 R. 0. P.87.(C.) Q. 232. What rights lias a counsel so appearing ? 
 Rights of. ^ HM • 
 
 A. 1 he f-auie right as the prosecutor or prisoner 
 
 for whom he appeal's, to call, and orally examine, 
 
 cross-examine, andre-eXamine witnesses, to make any 
 
 objection or statement, to address the ccturt, to put 
 
 in any j)!ca, to inspect the proceedings, and the same 
 
 rights otherwise as the person lor whom he appears. 
 
 R. 0. P. 77. 
 VVitnosHcs, 
 uttcndanoe of. 
 
 Evidence. 
 
 Q. 233. How is the attendance of witnesses pro- 
 cured at a court martial ? 
 
 A. Witnesses not subject to military law may be 
 summoned to attend by order under the hand of 
 the convening officer, the president of the court, the 
 judge advocate, or the commanding officer of the 
 prisoner. (See form, page 108.) Witnesses sub- 
 ject to military law are ordered to attend by the 
 proper military authority. 
 
 Q. 234. How are witnesses sworn ? 
 
 A. Whilst being sworn a witness removes his cap 
 and glove, and when sworn he, if a military man, 
 puts them on again. He remains standing, unless 
 sick, 4&c., when he may be given a seat. 
 
 Q. 235. How is a witness examined ? 
 
 A. Every question is put to a witness orally by 
 the prosecutor, prisoner, or judge advocate, without 
 the intervention of the court. His reply is addressed 
 to the court. 
 
 R. 0. P. 93. Q- 236. How is the evidence of a witness to be 
 Evidence, h. w taken down ? 
 
 A. It should be taken down in a narrative form in 
 
 JI>»w wit- 
 nesses are 
 f'Worn. 
 
 R. 0. P. 81. 
 Exaininiition 
 of. 
 
OatKciiism of mitjtaky uw. 65 
 
 as nearly as possible the words used, but, whcu 
 considered material, the question and answer arc to 
 be taken down verbatim, 
 
 Q. 237. What opportunity is afforded a witness K. 0. P. Hi. 
 
 c ^ • ' i." 1 • • 1 o Correct ini; 
 
 of explaniing or corrcctnii^ his evidence r cvidcnco. 
 
 A. It should lie read over to him after he lias 
 uiven all his evidence and before he leaves the court. 
 
 Q. 238. Wiiat is necessary for the reception of R- o. P. 72. 
 
 . 1 o Ilccoi)ti()n of 
 
 evidence ? cviclencc 
 
 A. That it is relevant to the facts stated in the 
 charge and admissible according to the rules of courts 
 of ordinary criminal jurisdiction. 
 
 Q. 239. What course is pursued where a civilian a. A. icfi. 
 refuses to attend before a court martial or, after 'V'."'^'^' ?' 
 
 ' civilian to 
 
 attending, refuses to take an oath, or tD produce a atton<l. 
 document in his possession, or to answer a question, 
 or where a civilian is guilty of contempt towards a 
 court martial, or interrupts or digtur])s the proceed- 
 ings, or prints observations or uses words calculated 
 to influence the members or witnesses, or to bring 
 such court into disrepute ? 
 
 vl. The president may certify the offence to any 
 court of competent jurisdiction, and the court, upon 
 proof of the offence, may punish such witness or 
 person like manner as if he had committed such 
 offence iii a proceeding in that court. 
 
 I ! 
 I t 
 
 ■1: i- 
 
 Findings and Sentence. 
 
 Q. 240. How is the finding of the court to bo r. o. P. 42. 
 
 considered ? 
 
 Finding how 
 considered. 
 
 i 
 
 h 
 
cc 
 
 :> 
 
 'fi 
 
 
 1 
 
 |:;i 
 
 ■ 
 
 lii 
 
 h 
 
 U. o. v. in. 
 
 ll(i\v rccdrdcd. 
 
 A. A. r).'5. 
 If voles 04UJ1I. 
 
 A. A. .VI. 
 
 " A('<|nil(;il," 
 niidiii;; of. 
 
 n. (>. i\ I 
 
 •' (Jiiilly." 
 rmtliii;;'*!'. 
 
 A. A. M. 
 Convict i<»i( (»r 
 lessor olVoiu'o. 
 
 (JATKCIIISM OK Mlt.ITAUV tAW. 
 
 A. Tlic court will dtlibcratc on their finding with 
 closed doors* The opinion of eacli member is to be 
 taken separately on each charge, couiuicncing with 
 the junior member. 
 
 Q. 2-11. IIow are the findincrs to be recorded ? 
 A. Sini])ly as a finding of ''guilty," "not guilty," or 
 of 'MHtt guilty and honorably ac(|uit liim of the s.ime." 
 
 Q. 242. In the case of an equanty of votes on the 
 finding has tlic president a casting vote ? 
 
 A . JSo, the prisoner is deemed to be accjuitted, 
 
 Q. 241). Is the finding of acquittal subject 10 
 revision, or does it "e(|uire to be confirmed ? 
 
 A. No ; and if it relates to tlic wliole of the 
 oll'ences is to be pronounced at once in open court, 
 and the pri^oner discharged. 
 
 Q. 2 14. When the finding on any charge is '' guib 
 ty," what is the course of procedure ? 
 
 A. For tlio guidance of the court in determininii; 
 tlieir si'utcnce, and of the confirming authority in 
 considering the sentence, tlic court mny take evidence 
 of and record the prisoner's character, age, servicc,and 
 rank, and the length of time he has been in arrest or 
 in confinement on any previous sentence, and any 
 deferred pay, military decoration, or military reward 
 of which he may be in possession or to which he is cn- 
 titknl, and which tiie court can sentence him to forfeit. 
 
 Q. 245. Is conviction of a lesser offence permis- 
 sible on a charge of a greater ? 
 
 A. Yes, for instance a prisoner charged with deser- 
 tion may be found guilty of attcuipting to desert 
 or of beini!; absent without leave. 
 

 CATKC'JISM OF MILITAItV LAW. 
 
 Q. 210, III the cji^o of an equality of votes on tlu> 
 sentence, lias tliu president a second or castini;' vote ? 
 
 A. Yes, lie lias a castini!; vote on tlie sentence or 
 any question arising' from the connnencemcnt of tlic 
 trial except the finding. 
 
 Q. 247. In passing sentence what is a court mar- 
 tial require*! to regard ? 
 
 A. A court martial in passing sentence will have 
 regard primarily to the nature and degree ol' the 
 offence and the previous character of the prisoner 
 as proved in evidence. The court will further consi- 
 der if any circumstances have been disclosed hy 
 the evidence in extenuation or aggravation of the 
 offence. 
 
 Q. 248. Is there any precise rule laid down for 
 Rontenccs to be awarded ? 
 
 A. No, sentences must vary according to the re- 
 quirements of discipline. In ordinary circumstances 
 and for a first offence a sentence should be light, nnd 
 it should be remembered that, except with hardened 
 offenders, short sentences are likely to be as effective 
 as long ones, For the lesser class of eflf'ences usually 
 tried by district courts martial it ma\ be taken as a 
 guide that, in case of a first conviction a sentence of 
 imprisonment should rarely exceed t'lree months. 
 
 Q. 249. In awarding imprisonment what rules are 
 t(t be observed in framing the sentence ? 
 
 A. (1.) Terms of imprisonment less than six 
 
 months will be awarded in days, 
 (2). Terms of imprisonment of one and two 
 yearp wilj be awarded in years, 
 
 07 
 
 A. A. :>:'.. 
 
 K<| 1111,1 ity of 
 v<»t(?M on suii- 
 toiicu. 
 
 Q. n. vr. o'.i. 
 
 I'oiiits to l)<) 
 coiisidcrcil on 
 jiassiiig scn- 
 loiicc. 
 
 Q. \\. Vr. 90. 
 
 Mo rule (or 
 
 S^LMltuilCCS. 
 
 Q. R. VT. 101. 
 
 Kuloa in ('ra- 
 ining scntonce. 
 
 m 
 
 \ %■■ 
 
 
Kl|i 
 
 I 
 
 R. 0. P. 49. 
 
 for cunHrma- 
 tiun. 
 
 C8 CATKCIIISM OF MILITAKY LAW. 
 
 (3). Otlicr terms of iiuprisonmcnt will be 
 awarded iu nioiithf, or, if required, in 
 months and dayH. Months must be stated to 
 be calendar months. 
 Q. 250. What is the duty of the president upon 
 the court awarding the sentence ? 
 
 A. lie shtdl date and sign the senlence, and such 
 signature shall authenticate tlie whole of the pro- 
 ceedings, and the proceedings upon being signed by 
 tlic judge advocate, if any, shall be at once trans- 
 mitted for confirmation. . 
 
 Confirmation and Revision, 
 
 R. o. P. 05. Q» 251. By whom are the proceedings to be sent 
 By whom .sent. j.^^. confirmation ? 
 
 A. By the judge advocate if there is one, if not 
 by the president. 
 
 To whom. Q' 252. To whom arc they sent ? 
 
 A. To such person as may be directed by the 
 order convening the court. Where the court is a 
 regimental court martial the proceedings are to be at 
 once sent by the president to the commanding officer. 
 
 Q. 253. Should the proceedings happen to be lost 
 what course is pursued ? 
 
 A. (a.) A copy, certified by the judge advocate 
 
 or president, may be used . 
 (/>). If there is no such copy and sufficient 
 evidence of the charge, finding, sentence 
 and transactions of the court can be pro- 
 cured, that cviden 
 of the prisoner. 
 
 R. 0. P. us 
 
 Lost |iroceud 
 
 ings. 
 
 ncc may, w 
 
 ith tl 
 
 ic assent 
 
 be accepted in lieu of the 
 original proceedings or part thereof lost. 
 
 iiiiiij., 
 
be 
 ii 
 
 cdto 
 
 1, in 
 
 I sucli 
 3 pro- 
 icd by 
 
 be scut 
 , if not 
 
 by tbc 
 
 rt is a 
 
 Ito be at 
 
 officer. 
 
 be lot-t 
 
 lidvocate 
 
 luffieient 
 Iscntcnce 
 be pvo- 
 lie a? sent 
 su of tbe 
 lof lost. 
 
 CATECHISM OF MILITAKY LAW. 
 
 ((•). ShouKl the prisoner refuse such asj-cnt 
 he may be tried again. 
 
 Q, 254. What is the province of the confirming q.r.Poc.vi. 
 officer? '"i- i;'-"vi"'=" 
 
 A. It is the province of the confirming officer by ofiiccr. 
 a proper exercise of his powers of commutation or 
 mitigation where necessary, to regulate the amount 
 of punishment awarded by courts martial in liis 
 conmiand, and to take care that no sentence is 
 greater than the interests of discipline and the 
 merits of the particular case rer|uire, and that the 
 findings and sentences are legal. 
 
 Q. 255. Whi)t may the confirming authority do R- <>• l*. •><>. 
 \\\ the case ot tindings or sentences rcquirntg con- finning < ffi cr. 
 fir mat ion ? 
 
 A. 1. He may direct the reassembly of the 
 court for revision of the finding and sen- 
 tence, or either of them, stating the reasons 
 for such revision ; and 
 2. May confirm or refuse confirmation, and 
 may add any remarks on tl case which 
 he may think fit and such confirmation 
 and remarks shall be entered in and form 
 part of the proceedings. 
 
 Q. 25G. When the finding or sentence is sent h. o. p. ;)i. 
 back for revision may further evidence be taken ? JUM^^Mini.iy < f 
 
 . court <»ii fiiitl 
 
 4. No, the court re-asscnibles in closed court and ing ixMng^cut 
 may not receive further evidence. \n\^V. 
 
 Q. 257. When the finding is sent back for revision, \\. o. p. .-)i. 
 what is done when the court do not adhere to J^t 'udlVro to 
 
 \ 
 
 \ 
 
 \ i 
 
 their former finding ? 
 
 iiuding. 
 
 I!< 
 
70 
 
 CATECHISM OF MILITARY LAW. 
 
 r IIP 
 
 I i 
 
 ■M 
 
 II. 0. p. 51. 
 When sentence 
 iilone i.^ sent 
 back. 
 
 A. A. .04. 
 How often 
 may be sent 
 back. 
 
 A. A. 67. 
 Con H Fining 
 authority may 
 alter punish- 
 ment. 
 
 A. A. .OT (2). 
 Miti};ating 
 so it (Mice after 
 CO iflrmation. 
 
 A. A. 1.37. 
 In the case of 
 {111 ollicur. 
 
 A. Tluy rcvf>kc tlieir finding and fccnttncc and 
 record a new finding, and, if such new finding 
 involves a sentence, pass sentence afrc.«h. 
 
 Q, 258. Where the sentence alone is sent back 
 for revision, may the court revise the finding ? 
 A. No. 
 
 Q. 259. IIow often may the finding and sentence, 
 or either of them, be sent back for revision ? 
 A. Not more than once. 
 
 Q. 2G0. ]\ray the confirming authority, when 
 confirming the sentence of any court martial, alter 
 the punishment in any way ? 
 
 A. He may mitigate or r^-mit the punishment or 
 commute it for any less punishment or punishments 
 which might have been awarded. He may, also, 
 suspend for such time as seems expedient the execu- 
 tion of a sentence. 
 
 Q. 2G1. After a sentence has been confirmed can 
 any person mitigate, remit or commute the punish- 
 ment so awarded ? 
 
 A. Yes, Her Majesty or the commander-in chief 
 or the ofheer commanding the district or station or 
 the officer commanding the forces in any colony, 
 provided that such officer does not hold a command 
 inferior to that of the confirming officer, unless he 
 has been properly authorized to exercise such 
 power. • 
 
 Penal Deductions from Pay< 
 
 Q. 202. What penal deductions may be ma(]y 
 from the ordinary pay of an officer j* 
 
^ ':l 
 
 CATECHISM OF MILITARY LAW. 
 
 1 
 
 incc, 
 
 svlien 
 alter 
 
 nt or 
 mcnts 
 , also, 
 cxccu- 
 
 id can 
 mnisU- 
 
 In chief 
 Itlon or 
 lolony, 
 inmand 
 less lie 
 such 
 
 A. 1. All ordinary pay duo to an officer absent 
 without leave, unless a satisfiictory csplar- 
 ation has been given through his com- 
 manding officer. 
 
 2. The sum required to make good any expen- 
 ses, loss, damage, &c., occasioned by any 
 offence committed by hiin. 
 
 3. The sum required to make good the pay 
 of any officer or soldier, which he has 
 unlawfully retained or refused to pay. 
 
 Q. 203. What penal deductions may be made A. A. 1^8. 
 
 /. .1 T f' 1 !• o III tliu case of 
 
 Irom the ordmary pay or a soldier r ,^ «„i,]ier. 
 
 A, ]. All ordinary pay for every day of absence 
 cither on desertion or without have, or as 
 a prisoner of war, and for every day of 
 imprisonment or detention on a charge of 
 which he is afterwards convicted. 
 
 2. All ordinary pay while in hospital on 
 account of sickness caused by an offence 
 conmiitted by him. 
 
 3. The sum necessary to make good any 
 expenses, loss, damage, &c., occasioned by 
 any offence committed by him. 
 
 4. Any loss of or damage done by him to any 
 arms, ammunition, equipment, clothing, 
 instruments, or regimental necessaries or 
 military decorations, or to any buildings or 
 property. 
 
 5. Where a soldier at the time of his enlist- 
 ment belonged to the auxiliary forces, any 
 sum for which he was liable as a member 
 of such force. 
 
 .^' 
 
 i -1 
 
72 
 
 CATfcOltiSM OV MILITARY LaW. 
 
 G. When a soldier's liquor ration is stopped 
 on board ship, the sum equivalent to such 
 ration, not exceeding one penny a day for 
 twenty-eight days. 
 
 7. The sum required to pay a fine awarded by 
 a court martial, his commanding officer, or 
 a civil couit. 
 
 8; The duly authorized sum required to be 
 paid for the maintenance of his wife or 
 child, or of ally bastard child, or toward 
 the cost of nny relief given by way of a loan 
 to his wife or child. 
 
 A. A. ms. Q. 2Gi. May the whole of a soldier's pay be 
 
 ie«rt Hiari ^.^].j,„ ^q pj^y ^ny compensation, fine or sum ordered 
 
 one penny a f J J i ' 
 
 diiy to be left, to bc paid as above ? 
 
 A. No, such deductions must not exceed such sum 
 as will leave to the soldier, after paying for his 
 messing and washing, less than one penny per day. 
 
 Imprisonment. 
 
 A. A. C,']. Q' 2G5. How is a seutenc3 of imprisonment to 
 
 How carried jjc carried out ? 
 
 A. Either in military custody or in a public 
 prison, or partly in one way and partly in tlie other. 
 
 A. A. fi3(i). Q- 2G6. Whatissufficient warrant for the transfer 
 
 Wiirrant for ^f j^ miHtary prisoner to a public prison ? 
 
 sending to % n ^ 
 
 public prisoi. A, The order of the committing authority. (See 
 
 form, page 12G.) 
 Prisoncrf, Q. 2G7. IIow are njilitiry prisoners in a public 
 
 how dealt p^j^^jj ^^ ^^ j^.^jj^ ^j^i^ .^ 
 
 A. They are to be confined, kept to hard labor, 
 
mw 
 
 CATECHISM OF MILITARY LAW. 
 
 73 
 
 .'ind otherwise tletilt witli in the same iiiair.icr as an 
 onMnary prisoner under a like sentence of imprison- 
 ment. 
 
 Court of Inquiry other than Courts of Inquiry 
 Respecting the lllegallAbsence'oflSoldiers. 
 
 Q. 268. Is a court of inquiry a judicial body? H. o. p. 12.}. 
 
 A. No, it has no judical power, and is in strict- [^ |j y^ ,,j^ 
 ness not a court at all, but an assembly of persons ^'<^t '^ ju.liciiii 
 directed by a commanding officer to'collcct evidence 
 with respect to a transaction into whicli he cannot 
 conveniently himself make inquiry. 
 
 Q. 2G9. Of what number and rank are the officers ?. h. o. p. 12a 
 
 A. Tlie court maybe composed of any number of C'^ Niiml.er 
 
 •^ ^ •' iiiid rank. 
 
 officers of any rank, and of any branch or depart- 
 ment of the service, accordinir to the nature of the 
 invcj-tij^ation. Three'menibers,Hhe^senior acting as 
 president, will, in ordinary cases, be found sufficient. 
 
 Q. 270. I5y what is the court guided in it> pro- jj <> ,, |,,., 
 ccedinsrs? (<')• How 
 
 A. By the writt'ju instructions of tlie officer who 
 
 a'-sembled the court. These instructions sliould be 
 
 full and specific, and must state the general cliar- 
 
 :c((r ofhe information required from the court 
 
 in their report. 
 
 Q. 271. Are officer ; or soldiers to be present when R.o.p. |2;;(F) 
 the inquiry affects their character? Proscmc of 
 
 A. Yes ; full opportunity must be affi>rded to such uircctt'd. 
 officer or soldier of being present, of making any 
 statement he may wish to"make, of cross-cxaminin"- 
 witnesses, and of producing any witnesses in defence 
 of his character, 
 
 t 
 
74 
 
 CATECHISM OF MILITARY LAW. 
 
 1 I 
 
 i 
 
 
 
 R.o.iM2,''.((J)- Q- 272. Has a court of inquiry the power of com 
 
 Witncsi^o.s. 
 
 pclling tlie attendance of witnesses? 
 
 cour 
 ince 
 
 A. N 
 
 0. 
 
 m 
 
 Q. 273. May the evidence be taken on oath ? 
 ^ A. No. 
 R.o,p,i23(n) Q, 274. Is a court of inquiry to express an opin- 
 '' ' ^"' ion on the conduct of any officer or soldier ? 
 
 A. No; and tlie proceedings cannot be given in 
 evidence against an officer or soldier, but such officer 
 or soldier, if afterwards tried by court martial, is 
 entitled to a copy of tlie proceedings of the court 
 of inquiry. 
 
 Q. 275. What is done with the proceedings of a 
 court of inquiry ? 
 
 A. Tliey are forwarded by the president to the 
 commanding officer who assembled the court, who, on 
 his own responsibility, will form such opinion as he 
 thinks just, and, if such opinion is adverse to the 
 character of any officer or soldier, such adverse opin- 
 ion is to be communicated to the officer or soldier 
 against whom it has been given. 
 
 R.o.P.i2.'^(K). Q. 27G. How often may the court be rcasscm- 
 
 Re-»sf<oinbly ^^^ o 
 of court. "^^" ^ 
 
 A. As often as the convening officer mny direct. 
 
 R.O.P. 123(1) 
 Disposal of 
 proceedings. 
 
 Courts of Inquiry for the Purpose of Determin- 
 ing the Illegal Absence of Soldiers. 
 
 A. A. 72. Q' 277. May a court of inquiry respecting the 
 
 Wit ^^ ^^^ illegal absence of soldiers require the attendance of 
 witnesses ? 
 A. Yes, 
 
 i' 
 
CATECHISM OF MILITAF.Y LAW. 
 
 Q. 278. Are the members sworn ? 
 A. No. 
 
 Q. 279. Are the witnesses sworn ? 
 A. Yes; an oath is administered to the witnesses 
 as if the court were a court martial. 
 
 Q. 280. How does the court pursue tlic inquiry ? 
 
 A. The evidence given respecting tlie fact of such 
 absence and the deficiency (if any) in tlie arms, 
 ammunition, equipments, instruments, regimental 
 necessaries or clothing of the soldier is taken down in 
 writing, and, at the end of the proceedings, a declara- 
 tion is made of the conclusions at which the court 
 has arrived. 
 
 Q. 281. Before declaring the deficiency of any 
 arms, &c., of what should the court be satisfied ? 
 
 A. The court, before declaring the deficiency of 
 any arms, &c., should satisfy itself, by evidence, 
 that the ab.seutee was within a reasonable period of 
 the date of absenting himself in posses^fion of the 
 articles they declare to be deficient. 
 
 Q. 2S2. Are the proceedings preserved ? 
 
 A. No, the commanding olhcer enters in the 
 rei^imental books a recoi'd of the declaration of the 
 court, and the original proceedings are destroyed. 
 
 Q. 283. What is the effect of such record? 
 
 A. If the absent soldier does not afterwards sur- 
 render, or is not apprehended, such record will liave 
 the legal effect of a conviction by court martial for 
 desertion. 
 
 75 
 
 R.O.P.124(E). 
 Members not 
 sworn. 
 
 R.O.P.124(E). 
 Witnesses jiro 
 sworn. 
 
 A. A. 72, 
 R. 0. P. 124 
 
 Proceedings. 
 
 (J. R. VI. 121. 
 
 Proof of |K)^;- 
 session of 
 articles. 
 
 R.O.P.124(r). 
 
 Proeeeiliiij^s 
 not jtreserved. 
 
 A. A. 72 (2). 
 EtVi'ct (if eiitiy 
 in rcj;] mental 
 bodks. 
 
 
76 
 
 CATECHISM OF MILITAHY LAW. 
 
 CJIAPTEK IV. 
 
 EVIDENCE. 
 
 Moimiiif* of 
 " KvuIciicm;." 
 
 (!otn|)clcnt 
 oviilotice. 
 
 Sitisfaritory 
 evulcnco. 
 
 Duty of the 
 Court. 
 
 CIi:iT,ic!orIstics 
 of witiit'sses. 
 
 284. The word evidence, eonsiJered in relation to 
 law, includes all the legal means, exclusive of niere 
 argument, which tend to prove or disprove any 
 matter of fact, the truth of which is submitted to 
 judicial investigation. The true question in trials 
 of fact is not, whether it is possible that the testi- 
 mony may be false, but whether there is sufficient 
 probability of its truth ; that is, whether the facts 
 are proved by competent and satisfactory evidence. 
 
 285. By competent evidence is meant that which 
 the law requires, as the fit and appropriate proof in 
 the particular case, such as the production of a 
 writing, where its contents are the su])ject of enquiry. 
 
 28G. By sattsfiictori/ evidence, which is some- 
 times callod sufficinit evidence, is intended, that 
 amount of proof which ordinarily satisfies an un- 
 prejudiced mind beyond reasonable doubt. 
 
 287. It is the duty of the court to decide all 
 questions as to the admissibility of evidence. 
 
 288. It is obvious that in the hasty progress of a 
 trial it is frequently difficult, and sometimes impos- 
 sible, to ascertain, with any thing like certainty what 
 characters the witnesses respectively deserve for 
 honesty and intelligence, and how far they are 
 actuated by interested, malignant, or other improper 
 
CATECHISM OF MIMTAKY LAW. 
 
 7T 
 
 motives. On those heads eonsiderablc doubt must 
 jihuost always exist ; idtliougli a rij^id cross-examina- 
 tion, when skilfully applied, will certainly throw 
 much li.Li;ht upon tlie su)>jeet; and a careful attention 
 to the dnncanor of the witness will furnisli a no less 
 valua])le guide. Thus, while simiilicity, minuteness, 
 and ease are the natural accompaniments of truth, 
 tlie language of witnesses coming to impose is usually 
 hibftred, cautious and indistinct. 
 
 2S0. With respect to policemen, constables, and Tcstimnny 
 others em])loyed in the suppression and detection ot t.oi,tjt!iblo.s Sic. 
 crime, their testimony against a prisoner should 
 usually be watched with care ; not because they 
 intentionally pervert the truth, but because their 
 professional zeal, fed as it is by an habitual inter- 
 course with the vicious, and by the frerjuent con- 
 tcmj)lation of human nature in its most revolting forn-, 
 almost necessarily leads them to ascribe to actions 
 the worst motives, and to give a coloring of guilt 
 to facts and conversations, which arc, perhaps, in 
 themselves consistent with perfect rectitude. " That 
 all men are guilty until they are proved innocent" is 
 naturally the creed of the police ; but it is a creed 
 which finds no sanction in a court of justice. 
 
 200. Perhaps the testimony which least deserves Skillccl 
 credit is that of skilled witnesses. These gentlemen 
 are usually required to speak, not to facts, but to 
 opinions ; and, when this is the ease, it is often sur- 
 prising to see with what facility, and to what extent, 
 their views can be made to eorresj)ond with the 
 wishes or the interc ts of the i>:irties who call them. 
 
 ) ■ 
 
 ^^iii 
 

 78 
 
 (JATKCIIISM OF ^IlLlTAlJY LAAV. 
 
 
 I 
 
 A9, 
 
 Tlicy do not, IikIclmI, wilfully misrcpivsciit wlmt tlio.y 
 tlilnk; ])ut tlicir jiKl^inciitHbueoinc so warped by re- 
 ♦j^ardini; the subject froui one point of view that, even 
 when eoiiseientioiisly disposed, they are incapable of 
 expressinjj; a candid opinion. 
 
 I'M.lonco iiH h) 291. Kxperiencc teaches the danj^er of relying 
 implicitly on the evidence of even the most con- 
 scientious witnesses respectin;j; dates, times, distances, 
 i'o(>t-i)rints, handwriting, admissions, loose conver- 
 sations, and questions of identity. Yet these arc 
 the links in the chain of circumstances, by whicli 
 guilt is in general sought to be established. 
 
 292. Presumptive evidence is usually divided into 
 two branches, namely, pnmimjiJtlons af law^ and 
 in'Cfiumptlons of fact, 
 
 293. PrcRiimptuma of htw consist of those rules, 
 which, in certain cases, either forbid or dispense 
 with any ulterior inquiiy. They arc founded 
 either upon the first princijdes of justice, or the laws 
 of nature, or the expcrienc(;d course of human con- 
 duct and affairs, and the connection usually found to 
 exist between certain thin<j;s. 
 
 294. Presumptions of law are divided into two 
 
 iMosmnpiions (.jj^ggcs, tiamclv, coiu'luslcc and dlsputahle. 
 ot law. ) Ji 1 
 
 roiiciusivc 295. Conclusive, or absolute presumptions of law, 
 
 ni'iM'!!"^'^'**"" '^^^ rules determining the quantity of evidence 
 rcf[uisite for the support of any particular averment, 
 which is not permitted to be overcome by any proof 
 that the fact is otherwise. For instance, a sane man 
 of the age of discretion is conclusively presumed to 
 contemi)late the natural and probable vonscfjnmces 
 
 I'rcsuiiiplivo 
 evidence. 
 
 I'n'siimptioiis 
 
 of lilW. 
 
 Cl.'tsscs of 
 
 oi' law. 
 

 
 ions 
 
 t CATKCIIISM OF MI UTAH Y LAW. 79 
 
 of his own nets; jiiid tlicroforo tlio intent to kill is 
 conclusively infbn-ed from the delibertate, violent use 
 of a (leadly weapon. 
 
 29G. Dlsputahh presumptions arc presumptions Disimtuil 
 at law which may always be overcome by opposing l'ri-*"">l'i 
 proof. Tho rules in this class of presumptions do 
 not, as in the former class, forbid all further 
 evidence, but oidy dispense with it till some proof 
 is given on the other side to rebut the presumption 
 raised. Thus, as men do not generally violate the 
 penal code, the law presumes every man innocent ; 
 but some men do transgress it, and therefore 
 evidence is received to repel the presumption. This 
 presumption, wliich, in legal phraseology, "gives the 
 benefit of the doubt to the accused," is so cogent 
 that it cannot be rcpiUcd by any evidence short of 
 what is sufficient to establish the fact of criminality 
 with moral certainty. In mere civil disputes, when 
 no violation of the law is in question, and no legal 
 presumption operates in i'avor of either party, the 
 preponderance of probability, due regard being had 
 to the burden of proof, may constitute sufficient 
 ground for a verdict, but to affix on any person tho 
 stigma of crime requires a higher degree of assur- 
 ance ; and the evidence must be such as to exclude 
 from tlie mind all reasonable doubt. 
 
 297. Though the general presumption of law is in Prosmniiiion 
 
 1. r. . , 1 1 1 1 p 1 <^>t iiiiilieo on 
 
 lavor or mnocencc, yet, as men seldom do unlawiul (.i,.^,.,,,. of 
 acts with innocent intentions, the law presumes every nuirdcr. 
 act, in itself unlawful, to have been wrongly intended, 
 till the contrary appears. Thus, on a charge of 
 piyrder, |n}ilice is presumed from the fact of lyilllng, 
 
 ■\ 
 
 ■:\ 
 
 \] 
 
*r^ 
 
 BBl 
 
 80 
 
 CATKCIII.SM OF .MIMTAKY LAW. 
 
 h 
 
 I'ossossidii of 
 stolon juo- 
 
 uiiaccdiiipuiiit'd hy circuinstanccs of'cxtcnuation ; .'lud 
 the burthen of disprovini^ tlic maliee is thrown upon 
 tlie accu.^ed. 
 
 298. The possession of stolen property rcautli/ 
 ufter tlie connnission of a theft is prima fade 
 evidence that the possessor was eitlier the tliief or 
 the receiver, accordini;' to tlie other circumstances of 
 tlic case ; and this presuniption, vvlien unexi'hiined, 
 (iither by direct evidence or by tlic cl .tracter and 
 habits of the possessor, or otherwise, is usually re- 
 pirded as conclusive. The question as to what 
 amounts to recent possession varies according as the 
 stolen article is or is not calculated to pass readily 
 from hand to hand. 
 
 is *: 
 
 Riilos of 
 evidence. 
 
 IJoforo Court 
 niiJrtial. 
 
 Rules Covcrnirg the! Production of Evidence. 
 
 290. The production of evidence is ^^overned by 
 certain principles which may be treated under four 
 j.;eneral rules: 
 
 1st. The evidence must correspond with the 
 allegations, but the substance only of tlie issues need 
 be proved. 
 
 2nd. The evidence must be confined to the 
 points in issue. 
 
 3rd. The ]>urthen of proof lies on the party 
 lioldin<j; the substantial alliimativc. 
 
 4th. The best evidence of which the case is 
 susceptible must always be produced. 
 
 300. AVith regard to the first it is only necessary 
 to say that charges brought before a court martial 
 {irc not bound by the technical forpialitics which 
 
CATElJillSM OF MILITAUY LAW. 
 
 prevail iu otlier courts of law, but tlicy must be 
 sufficiently specific to enable tlio prisoner to know 
 wbat he has to anf^wer and the court to know what 
 they have to enquire into, (jireat care must be taken 
 iu frauiin^ them, both to see that no important point 
 is left out, and also that notliinijr is inserted iu tlie 
 charge which is not likely to be supported by the 
 evidence. One of the objects of the cliar^e sheet is 
 to apprise the prisoner of the specific nature of tlie 
 char<j:;es on which lie is to be tried, ami this object 
 would be defeated if the prosecutor were at liberty 
 to prove facts essentially different from those therein 
 stated, but '' wliere the court are of opinion that the 
 " facts which they find to be proved in evidence, 
 " differ materially from the ^acts alleged in the 
 " statement of particulars in the charge, but are 
 " nevertheless sufficient to prove the offi'uce statxjd in 
 " the charge, and that the difference is not so 
 " material as to liavc prejudiced the prisoner in his 
 " defence, they may, instead of a finding of not guilty, 
 " record a special finding. The special finding may 
 " find the prisoner guilty on a ciiarge, subject to the 
 " st.itement of exceptions or variations annexed to 
 '• the finding." (K. 0. V. 43.) 
 
 81 
 
 Confining Evidence to Points in Issue. 
 
 The second ueneral tIc which governs the 
 uction (»f testimony is that llic cuidcnca mi 
 
 ro- 
 
 C(»i/incd to tliv points in issue. 
 
 301. I'll is rule is founded on common sense and Conf 
 justice, and applies with even greater force to 
 (,'riminal than to civil proceedings; for as one of the 
 
 nun;: 
 
 ovidcMic'C to 
 jioint in \i>^\\Q, 
 
 • \ 
 
pp 
 
 82 
 
 CATECHISM OF MILITARY LAW. 
 
 ' u 
 
 
 i 
 
 chief objects of an iiulictmciit, or cliar<^c sheet, is to 
 afford distinct inforuintion to the prisoner of the 
 specific cliargc which is about to be brought against 
 him, the admission of any evidence of facts uncon- 
 nected witli that charge would be clearly open to 
 the serious objection of taking the prisoner by 
 surprise. No man should be bound, at the peril of 
 lii'e or liberty, fortune or reputation, to answer at once 
 and unprepared for every action of his life. Few 
 even of the best of men would choose to submit to 
 such an ordeal. If, therefore, on a charge of 
 burglariously entering a house on a certain day and 
 stealing goods therein, the prosecutor fails in proving 
 that any larceny was on that occasion committed, 
 he cannot abandon tin; charge of burglary, and then 
 proceed to shew that the prisoner stole sonie of the 
 articles on a previous occasion ; because, though 
 time is not usually a material allegatinn, yet the 
 prisoner, liaving beeji led to suppose that he was to 
 meet a charge of burglary, cannot be expected to 
 come prepared to prove his innocence with respect to 
 a distinct offence, committed, if at all, at a totally 
 dilferent time. 80, an admission by the prisoner, 
 that he has, at another tinie, committed an offence 
 similar to that with which he is charged, and th".the 
 lias a tendency to perpetrate such crimes, cannot be 
 received. 
 WliiMi felonies 302. But when felonies are so connected together 
 are eoiiiieeied ^^ i'ovm part of onc entire transaction, evidence of 
 
 evuleiiee oi i ' 
 
 onc julinifSfible one may be given to show the character of the other, 
 another, ^^^^' i'lstauce, wlien a man conmiitted three burgla- 
 
 ries in onc night, aiid left at oue pf the hpuse,s 
 
CATECHISM OF MILITARY LAW. 
 
 83 
 
 property taken from auotlicr, the three felonies were 
 considered ho connected :liat the court heard tlic 
 liistory of them all. On a ( narge of malicious 
 shooting, if it he doubtful whether the shot v;as fired 
 hy accident or design, proof may be given that the 
 prisoner at another time intentionally shot at the 
 same person ; and in charges of murder, while 
 evidence of former menaces or (quarrels will liave an 
 iniportant tendency towards supporting tlic legal 
 iid'erence of malice, ])roof of expressions of kindness 
 or of friendly acts towards tin; deceased wiil be 
 entitled to equal weight as rai.-inga counter-pre&ump- 
 tion. 
 
 o03. To this rule may be referred the admissibility Evidence 
 of evidence respectini>' the nrucral character of "f *" ^.^''"''^ 
 indiv' ■!!•>! Such evidence is tendered for the pur- 
 pose eitlier of raising a presumption of imiocence or 
 guilt, or of impeaching or supporting the veracity of 
 a witness. The term '' character/' as here u^ed, 
 sim}»ly means " reputation " or the general credit 
 which a man has obtained in public ojtinion. A 
 witness, therefore, who is called tos}»eak tochnrarter, 
 in strict law must conliiie himself to evidence of 
 mere general repute, ^riiis rule, in j)ractice, is 
 seldom strictly enforced. Aware that " the best 
 character is generally that which is the least talked 
 about," the judges have found it necessary to })ermit 
 witnesses to give neg:itiv(; evidence on the subject, 
 and to state that " they never heard atiy thing (Kjauist 
 the character of the person on wliose Ixhalf they 
 have been called." Nay, some of tiie judges have 
 gone so f;ir as to assert that evidence! in this negative 
 
 : 
 
 ■ 
 
 
84 
 
 (JATilClIISM Ot MIUTAKY LAW. 
 
 V 
 
 form is tlic most cogent proof of a man's good 
 reputation. 
 
 Evidence 304. Wlion tlio point in issue is wlietlier tlie 
 
 clijinicter accused lias (•(immittcd a pnrticular cnnimal act, 
 
 wlicre ju!ciis(«(l evidence of his general clinraeter is o])vi(>nsIy entitled 
 
 (^liM ri'cd with..' 
 
 liiirircular 1^* little weiiib.t, unless some reasonable doubt exists 
 *''"""^'* as to bis guilt. Tiie inquiry, too, must be confined, 
 
 — except uhere the inhntion forms a material 
 ingredient in the offence, — to the (jnieral charncter 
 of the pris(»ner, and must not condescend io pdrt'iculnr 
 facts. Altbougli tlu! defendant, from motives of 
 liumanity, is allowed this reasonabhi indulgence, 
 the j)r()S cutor cannot, in the first instance, have 
 recourse to the same loose testimoDV, f<»r the purpose 
 of establi.shing the guilt of the accused ; but if, 
 with the view ef raising a ])resumpti()ii of innocenct!, 
 witnesses to character are called for the defence, the 
 prosecutor may then rebut tliis presum})lion, l)y cross- 
 examining the witnesses, either as to particular f.icts, 
 or as to the <'roimds of tlieir belief 
 
 Hy wliicli .-^i<lo 
 jtnmf must III' 
 
 glVL'll. 
 
 Btfihcn of Proof. 
 
 litlf). A thlrv. rule which governs the production 
 of evidence, is, tluit the hiirfJirn of prninf licfi on the 
 jxtrlji irlio sHf)sf<(Htl((/Ii/ (fs^crts tlir <ijj]n)iitiii'c of 
 tl>'' i.ss'ir. This rule of convenience, — wliich, in 
 the Koman law, is thus expresseil : J'Jrl hiCHmhil 
 jyrobdtio, qui. dici'f, non qnl mgut^ — has been 
 adopted in practice, not because it is iu)[)ossible to 
 prove a negative, but l)ecause the negative does not 
 admit of the direct and simple proof of whii'h the 
 ittfirujative is cMptible ; and moreovi'r it is but 
 
CATKcitisM 01' Military law. 85 
 
 reasonable and just that he wlio relies upon the 
 existence of a fact should be called upon to prove 
 his own case. On the twofold ground that a 
 }»rosccutor must prove every fact necessary to sub- 
 stantiate liis charge auainst a ju-isoner, and that 
 tlic law will ])resunie innocence in the absence of 
 convincing evidence to the contrary, the burthen of 
 jMoof, unless shifted ])y legislative interference, will 
 I'iill, in criminal proceedings, on the prosecutor, 
 though, in order to convict, he must necessarily have 
 recourse to negative evidence. 
 
 Best Evidence. 
 
 !>0(). The fourth rule, which governs the j>roduc- j^esi evkK'nt-e. 
 tiitn of evidence, requires that llir hint (rithure of 
 ir/iich fliC case, in its iKifiirc is f<uscrj:til>lc should 
 always l>e ]»resciited to the court. 
 
 IU>7. Tliis rule does not demand the greatest Oojectof this 
 
 amount ol' evidence which can nossibly be j^iven of f'*'*^ f<' l""'-^'^"* 
 
 ^ *' ." fniud. 
 
 any fact ; but its design is to prevent the introduc- 
 ti<in (tf any, which, from the nature' of the case, 
 Mij»];oses that better evidence is in t^he possession of 
 the l»arty. It is adeipted f()r the prevention of 
 fraud ; I'or, when better evidence is withheld, it is 
 only fiiir to presunje that tlie party has some sinister 
 motive for not pretdueing it, and that, if offered, liis 
 design woukl be frustrated. Jn re(juiring the pro- 
 duction of the best evid«!ncc applicable to each 
 particular fact, it is meant that ne) evidence shall be 
 receive'd which is mere'ly substitutionary in its 
 nature, S(» long as the original evielenee is attainable'. 
 Thus, depositions are in general a<lmissibl<' only 
 
 • i 
 
■if 'JUillJIIIIIIII III! Ill I—Ill 
 
 P?:s 
 
 
 i 
 
 86 
 
 Primary and 
 
 sof^uiidiiry 
 
 evidence. 
 
 yuh.stitntioii 
 of oral for 
 writ fen 
 evideneo. 
 
 CATECHISM OF MILITARY LAW. 
 
 after proof that the parties who made them cannot 
 tliemsclves be produced. 
 
 308. This rule naturally leads to the division of 
 evidence into primary and secondary. Prhanrn 
 cvidrvce is wliat has just been mentioned as the best 
 or hiohest evidence, or, in other Avords, it is that 
 kind of proof wliieh, in the eye of the law, affords 
 the orojitest certainty of the fact in (juestion. Until 
 it is shown that the production of this evidence is 
 out of the party's power, no other proof of the fact is 
 in general admitted. All evidence falling short of 
 tliis in its degree is termed secondarij. But, though 
 all information must, if possible, be traced to its 
 fountain head, yet, if there be several distinct 
 sources of information of the same fact, it is not in 
 general necessary to show that tluy have all been 
 exhausted, before recourse can be had to secondary 
 evidence with respect to one of them. 
 
 300. The cases which most frequently call for the 
 application of this rule are those which relate to the 
 sul/sfifution of oral for wriffdi eridincr ; and tlie 
 general rule of law with respect to this subject is 
 that the contents of a irrltten insfnnnenf, irJu'rh is 
 c(tpahlc of heing prodi(e((f, niitst he proved hi/ the 
 instrument itsr/J] and not In/ jmh-oJ eridenee. 'J'hese 
 cases may be divided into three classes; the first 
 class relating to those instiumenJs which the law 
 re(|nires to be in writing; tlie second, to those 
 <«»ntracts which tlie parties have put in writing; 
 atnl the third^ to all other writings, the existence or 
 contt-nts of which are disputed, and which are 
 material to the issu*', Where the wiitiiK.'; does not 
 
the 
 
 the 
 the 
 et is 
 h is 
 
 tliV 
 
 hese 
 
 first 
 
 hvw 
 
 liose 
 
 '"a J 
 
 CATECHISM OF MILITARY LAW. 
 
 87 
 
 full within any of these three classes, no reason 
 exists why it should exclude oral evidence. If, 
 therefore, a written comuiunieation be accompanied 
 by a verbal one to the same effect, the latter may bo 
 received as independent evidence^ though not to 
 prove the contents of the writing, nor as a substitute 
 for it. 
 
 310. Precisely tho same rules operate to the Kxeluslonof 
 exclusion of loritiiicjs. vhicli the hiw congitlrrs as en- 
 titled to less iri'ujht than those which might be, and 
 consofjuently ought to be, forthcoming, Thus, an 
 
 original document must— subject to certain excep- 
 tions — be produced at the trial, and a mere copy, 
 however accurate, will not, in the first instance, be 
 admissible. 
 
 311, Tt is a general rule that sccondiwy evidence WhcnHooond- 
 
 • • J ' •! 7 J '7 '. 7 7 .7 J .7 7 j* 'Ify OvillftUIC 
 
 ts (it(t(fniissifj(e, initil it fjc shoira that the production ;,.;..,., i.,>: , .; 
 of prlmar// evidence Is out of the p<trtj/s power. '>'ti. 
 With respect to documents, proof of their contents 
 may be establishe<l by secondary evidence, first, when 
 the original writing is destroyed or lost; secondly, 
 when its production is physically impossible, or, at 
 least, highly inconvenient, as in the case of inscrip- 
 tions on walls, mural monuments, surveyors' marks, 
 &c. ; thirdly, when the document is in the possession 
 of the adverse party, who refuses to produce it; 
 fourthly, when it is in the hands of a third party, 
 who is not compellable by law to produce it; fifthly, 
 when the law raises a strong presumption in favor of 
 the existence of the document, as in the case of 
 public officers, whose written appointments the law 
 docs not in general refjuire to be produced ; sixthly, 
 
 1; 
 
n 
 
 U 
 
 iii '■ 
 
 88 
 
 iSecDinLiiy 
 evi<U'.iicc of 
 testimony 
 under oath. 
 
 CATECHISM Oi'' MILITAKV LAW. 
 
 wlu'ii tlic pn[»ers arc volnniinous, and it ir* only 
 necessary to prove tlieir <;cncral re.'^ults. 
 
 312. Whcro a witness lias oiven liis testimony 
 under oatli in a judicial proceeding, in order to 
 render admissible secondary evidence of such testi- 
 mony, it uius*^ be proved tliat the witness was duly 
 sworn in some judicial proceeding, to the authority 
 of which the party against whom the testimony is 
 offered was legally bound to submit, and in which lie 
 miiiht have exercised the right of cross-examination. 
 It seems clearly to have been intended })y the 
 Leurislaturc that the accused should be charired in 
 the first instance with some indictable offence; that 
 the statement of each witness should then be 
 made under the sanction of an oath or affirmation, 
 administered by the uiagistrate before whom the 
 charge is preferred ; that such oath or affirmation 
 should be administered in the presence of tlie 
 accused ; that the statement should be made entirely 
 in his presence, and that he should luive full 
 opportunity for cross examination ; that the whole 
 of the statement elicited, either by examination or 
 by cross-exr jination, and not merely so much as the 
 judge might consider material, should be reduced to 
 writing, in the first person, and in the very words of 
 the witness ; tluit the deposition, when couipleted, 
 should be read over to the witness, and be signed by 
 him, as a token of his assenting to its correctness; 
 that the depositions should be signed by the justice, 
 and that they should be transmitted by him — together 
 with the written information, the statement of the 
 ficcused, and the rccoguizancc of bail, if any sucU 
 
CATECItlSM OF MILITARY LAW. 89 
 
 documents shoiilil exist, — to the proper officer of the 
 court in which the trial is to be had, before or at the 
 opening of .sucli court. 
 
 Hearsay EvidoncCi 
 
 313. As evidrnce afforded ])y our own senses is Hcvirsay 
 !-('ld(ini attainable in judicial trials, the law is satis- ^'^''•'^"^^'' 
 tit (1 witli requiring tlie next best evidence, namely, 
 
 the testimony of those who can speak from their own 
 personal knowledge. It is requisite that whatever 
 facts the witness may speak to he should be confined 
 to those lying within his own knowledge, whether 
 tliey be things {-aid or done, and should not testify 
 from information given by others, however worthy 
 of credit they may be. Tliis rule of exclusion has 
 been recognised as a fundamental principle of tbe 
 law of evidence ever since the time of Charles the 
 Second ; and so strictly is it enforced that it is even 
 held applicable to cases in which, if the declaration 
 be rejected, no other evidence can possibly be ob- 
 tained ; as, for example, where the declaration pur- 
 ports to be that of the only eye-w'.tnessof the transac- 
 tion, and he is since dead. 
 
 314. Tlie term hcarsaij is used with reference to What the torm 
 what is (.lone or written, as well as to what is spoken; ',' •'♦'•"'^"y " 
 and in its legal sense it denotes that kind of evi- 
 
 deuce which docs not derive its value solely from 
 the credit given to the witness himself, but which 
 rests also, in part, on the veracity and competency 
 of some other person. Tliat this species of evidence 
 is not given upon oath, that it cannot be testjd by ci'oss- 
 examination, and that it supposes souie better tea- 
 
00 
 
 CATECin.SM OF MltjTAKV I.AW. 
 
 Caro to bo 
 tiikcn in 
 (iistiiif^uishing 
 heiwoeii lienr- 
 siiy iind origin- 
 al evidence. 
 
 ('ases to which 
 doctrine ex- 
 tends. 
 
 timony wliicli might bo atUluccd in the particular 
 case, are not tlic f^ole grouiuhs for its exclusion. Its 
 tcndincy to protract legal investigations to an eiii- 
 harrassing ai»d dangerous length, its intrinsic weak- 
 ness, its inconijictency to fatisfy tlie mind as to tiie 
 eJcistcncc of the fact, and the frauds \vhich may le 
 practised with impunity under its cover, combine to 
 .support the rule that hearsay evidence is inadmisj^i- 
 blc. 
 
 315. In considering tliis branch of the law ol'evi- 
 dence, care must be taken to (h'ytimjtii.sh ckarly 
 between hearsay and that wliich is deemed oriyimd. 
 For it does not follow that, because the writings or 
 words in question are tliose of a third person not 
 under oath, they are tlierefore to be considered as 
 hearsay. On the contrary, it often happens that the 
 very fact in controversy is, wdiether certain things 
 were written, or spoken, and not whetlier they 
 were true; and at other times the oral or written 
 statements tendered in evidence may prove to be the 
 natural or inseparable concomitants of the principal 
 liict in controversy. In either of these cases it is 
 obvious that the writings or words are not within the 
 meaning of hear.«ay, but are original and indepen- 
 dent facts, admissible in proof of the issue. 
 
 31 G. Not only does this doctrine apply wlienever 
 the fact that a certain communication was made, and 
 not its truth or falsehood, is the point in controversy ; 
 but it extends also to those cases where the truth of 
 the ftict in dispute will be inferred from the c.vistoicc 
 of another fact which is under investigation. Upon 
 

 C!ATK('IIIh;M OF MILITARY LAW. 
 
 01 
 
 nd 
 of 
 
 ICC 
 
 on 
 
 tlit'si^ ^iouimIs it is cM-nsidcrcd tliat evidence oi' (j( nc- 
 nil rcputftfion, r<pu(id ovn'raJii/), pnlllc rumor, 
 (fi mrid C'hdt'ocdr, gninutl iiolorittj/^ and tlie like, 
 tlioii<:;h composed (d' tlie sjkccIi of third persons not 
 under oatli, is original eviduuc and not liearsay ; 
 tlie immediate su]»jeet of inquiry being the eoneur- 
 renee of many voices, wliieli raises a presumption 
 tliat the fact in wliieli they concur is true. 
 
 317. Whenever the hvdihj or menial frdings oi ^^'^*^'i'^' ^>* ^^i^y 
 an individual are material to he proved, the usual iVuiin^^s sno 
 expressions of hueh feeliniis, made at the time in (lues- ""'♦^''■'='' •'• '"' 
 tion, arc ako orij;inal evidence. Thus on a trial for 
 murder by poiseninfr, statements made by the 
 deceased in conversation, shortly before he took the 
 poison, liave been received in evidence for the pur- 
 pose of proving the state of his liealth at the time ; 
 and, en the same ground, it has frequently been held 
 in actions or indictments for assault, that >vhat a 
 man has .'■aid about himself to his surgeon was evi- 
 dence to show what he sufi'ered by rca&on of the 
 asault. In no case, however, can the 2y((rticul(frs 
 of the complaint be disclosed by witnesses for the 
 Crown, either as original, or as confirmatory evidence, 
 but the details of the statement can only be elicited 
 by the prisoner's counsel on cross-examination. 
 
 ol8. The rule rejecting hearsay has been re- where rule hay 
 laxcd : — first in cases relating to matters of public 'jccn rchixed. 
 and general interest, such as tic origin of ancient 
 rights, etc; — secondly, those relating to pedigree; 
 thirdly, those relating to ancient possession ; — fourthly, 
 declarations against interest ; — fifthly, declarations 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
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 23 WEST MAIN STREET 
 
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 (716) 872-4«03 
 
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92 
 
 CATECHISM OF MILITARY LAW. 
 
 L 
 
 Dyinj? 
 (lecluratidns 
 jidiniKKiblo 
 only in cuho.s 
 of huiuicide. 
 
 Confessions of 
 guilt to bo 
 received with 
 caution. 
 
 in the course of office or bui^iness ; — anil, lastly, <lying 
 declarations. 
 
 319. With regard to the latter class of cases it is 
 now settled law that proof of this description is 
 admissible only in the sinj-le instance of hovilc'uk 
 where the death of the deceased is the subject of 
 the charge, and the circunistauces of the death are 
 the subject of the dying declaration. It is also 
 essential to the admissibility of these declarations ; 
 first, that at the time when they were made the 
 declarant should have been in actual danger of 
 death; secondly, that he should have had a /nU 
 apprehension of his danijer ; and, las'tly, that death 
 should have ensued, 
 
 Confeseions, 
 
 320. With regard to oonfcssious of guilt in cri- 
 minal prosecutions, it may be observed that the 
 evidence of oral confessions of guilt ought to be 
 received with great caution. For not only does 
 considerable danger of mistake arise from the mis- 
 apprehension or malice of witnesses, the misuse of 
 words, the failure of the party to express his own 
 meaning, and the infirmity of memory ; but the zeal 
 which generally prevails to detect oflfenders, cb\mi- 
 cially in eases of aggravcd guilt, and the strong dis- 
 position which is often displayed by persons engaged 
 in pursuit of evidence, to magnify slight grounds 
 of suspicion into sufficient proof, together with the 
 character of witnesses, who are sometimes necessarily 
 called in cases of secret and atrocious crime,— all 
 tend to impair the value of this kind of evidence, 
 and sometimes lead to its rejection. 
 
uiuls 
 U the 
 sarily 
 I- all 
 Icncc, 
 
 CATECHISM OF MILITARY LAW. 
 
 93 
 
 321 . In addition to these sources of distrust, which Other pouiccs 
 are often sufficient to raise a serious doubt whether "^l^pITj^nK 
 the confession j^iven in evidence was actually made coiiret<si(»ii}'. 
 by the prisoner in the words, or to the effect, stated 
 
 by the witnesses, there is yet another reason why 
 caution should be employed in receiving and weij^h- 
 ing confessions. The statements, though made as 
 deposed to, may be ftdsc. The prisoner, oppressed 
 by the calamity of his situation, may have been 
 induced by motives of hope or foar to make an 
 untrue confession ; and the same result may have 
 arisen from a morbid ambition to obtain an infiimous 
 notoriety, from an insane or criminal desire to bo 
 rid of life, from a reasonable wish to commence a 
 new career in another hemispliere, from an almost 
 pardonable anxiety to screen a relative or a comrade, 
 or even from the delusion of an overwrought and 
 fantastic imagination. 
 
 322. Still the actual instances of fa he confessions Deliberate 
 
 ot eriuie are very rare. Indeed, all reflectmg men clearly proved, 
 lire now generally agreed, that ihlibc rate and volun- effectual 
 ((U'l/ ani/isswns of guilt, If clearlij proved, are among 
 the most effectual proofs in the law ; their value 
 depending on the sound presumption that a rational 
 being will not make admissions prejudicial to his 
 interest and safety, unless when urged by the 
 promptings of truth and conscience. Such confes- 
 sions, therefore, so made by a prisoner to any person, 
 ;it any timo, and in any place, are at common law 
 nceivable in evidence, while the degree of credit 
 due to them must be estimated according to the 
 particular circumstances of each case. 
 
 ■, * 
 
94 
 
 CATECHISM OF MIUTAUY LVW. 
 
 1: 
 
 ClasRcs of 
 confcesiuns. 
 
 Judicial 
 cuiil'cijsiuns. 
 
 KxIrn-judiclHl 
 conrcssiuDS. 
 
 The wlioloof 
 what prisoner 
 «aid to bo 
 cunsidurud. 
 
 Confession to 
 bo voluntarily 
 inade. 
 
 323. Confe8.sionH may be divided ioto two classeF, 
 namely, judicial and extrajudicial. 
 
 324. Judicial cov/tssions are those whieh are 
 made before the magisirate, or in court, in the due 
 course of legal proceedings ; and it is essential that 
 they be made of the free will of the party, and with 
 full knowledge of the nature and consequences of the 
 confession. 
 
 325. Extrajudicial cov/cssious are those which 
 arc made by the party elsewhere than before a 
 magistrate, or in court ; this term embracing not 
 only express confessions of crime, but all those 
 admissions and acts of the accused from whieh guilt 
 may be implied. All voluntary confessions of this 
 kind arc receivable in evidence, on being proved like 
 other facts. 
 
 326. In the proof of confessions, the whole of 
 what the prisoner said on the subject, at the time of 
 making the confessions should be takm together. 
 This rule is the dictate of reason, as well as 
 humanity ; for, unless the whole be considered, tlic 
 true meaning of the part which is evidence againtt 
 him cannot be ascertained. 
 
 327. Before any confession can be received in 
 evidence in a criminal case, it must be shown to 
 have been voluntarilij made ; for a confession, forced 
 from the mind by the flattery of hope, or by the 
 torture of fear, comes in so questionable a shape, 
 when it is to be considered as the evidence of guilt, 
 that no credit ought to be given to it ; and therefore 
 it is rejected. It is very clear, that if the proroisQ 
 
 fej 
 
OATfeCliisM OF MILITARY LAW. 
 
 95 
 
 bt threat be made by any one having authority over 
 the prisoner in connection with the prosecution, as», 
 for instance, by the prosecutor, the master or 
 mistress of the prisoner when the offence concerns 
 sucli master or mistress, the constable or other 
 officer having him in custody, a magistrate or the 
 J !ke, the confession will be rejected as not being 
 voluntary. 
 
 328. In order to exclude a confessioh, the induce- Inducement 
 
 mcnt, whc tlier it assume the sliape of a promise, a ^^^^V° "«- 
 ' 1 1 > ccssary to 
 
 threat, or mere advice, must have rehrcnce to the cxchulc con- 
 prisoners escape J rom the crtmnial c/H/yv/f against 
 him, and must be made by some person who had 
 power to relieve him. 
 
 329. If no inducement has been held out relating if no induce- 
 to the char«:rc, it matters not in vhat wau tlic con- ">e"t Jjeldout, 
 
 ^ ' ^ "^ It matters not 
 
 fcssion has been obtained ; for whetlier it were how confession 
 induced by a solemn promise of secrecy, even con- 
 firmed by an oath ; or by reason of the pri.«oncr 
 having been made drunhai ; or even by any 
 deception practised Upon him, or false representation 
 made to liim for that purpose ; it will be equally 
 admissible, however much the mode of obtaining it 
 may be open to censure, or may render the state- 
 mont itself liable to suspicion. Much less will a 
 Confession be rejected, merely because it has been 
 elicited by qnrstions put to the pri.^-oner, whether by 
 a magistrate, officer, or private person ; and the form 
 of the question is immaterial, even tliough it assumes 
 the prisoner's guilt. 
 
 ohttiincd. 
 
 imm 'fi 
 
dC 
 
 (JATHCltlSM OF* MlUt\RV LAW. 
 
 Confession 
 admissible if 
 jirisoncr at 
 full liberty to 
 aet and judgo 
 fur hiiuHclf. 
 
 Circumstances 
 necessary to 
 render pris- 
 oner's state- 
 ment valid as 
 a statutory 
 confession. 
 
 I 30. A voluntary confession, too, is admissible, to 
 whomsoever it may have been made, though it does 
 not appear that the prisoner was named that what 
 he said would be used against him ; nay, thougli it 
 appears on the contrary that he was not so w:irned. 
 In most cases, indeed, It may be advi.'-ahle and 
 proper to caution tlie prisoner in general terms, that 
 any confession he makes will be admissible against 
 him at the trial, nnd can do him no service ; because 
 if it should turn out that any threat or inducement 
 lias bjcn previously held out by some person in 
 authority, the confession, which is unaccompanied 
 by such caution, will, as before stated, be inadmis- 
 sible. Still, it is not necessary, in general, to do more 
 than to show that the party receiving the confission 
 left the prisoner at full liberty to act and judge for 
 himself. 
 
 331. According to the principles of the Actn 
 which regulate the examinations of prisoners before 
 the magistrates, it Viould seem that, in order to ren- 
 der a prisoner's statement strictly valid as a statutory 
 confession, the following circumstances must all 
 have occurred. The charge must have been read to 
 the accused; all the witnesses must have been 
 examined in his presence, and the depositions 
 read to him after the examinations were completed ; 
 he must then, and not till then, be twice cautioned 
 by the justice ; first, generally, and secondly, as to 
 the ineflScacy of any promises or threats which may 
 have been formerly held out to himj his whole 
 statement must then be taken down in his own 
 
 prot 
 
 beti 
 
 Le* 
 
 com! 
 
 niari 
 
CATECHISM OF MILITARY LAW. 
 
 97 
 
 words ; it must then be read to him, and ho mu.Ntho 
 pressed for his signature, though the act is silent as 
 to the eflfect of his refusing to sign it, or even to 
 admit its correctness; the justice must also sign the 
 statement ; and, this being done, it must be kept 
 with the depositions, and be transmitted, togetlicr 
 with them and certain other documents, to the court 
 where the trial is to be had, on or before the opening 
 of such court. 
 
 332. A prisoner is not liable to be affected by the Tiii-oncr not 
 confessions of his accomplices ; and so strictly has confossioiis of 
 this rule been enforced that, whore a person was accom]»lico.«. 
 indicted for receiving stolen goods, a confession by 
 
 the principal that he was guilty of the theft was 
 held by all the judges to be no evidence of that fact 
 as against the receiver. 
 
 Evidence excluded on grounds of public policy. 
 
 333. The law cxchuhs or dispenses with gome K.xeludoil cvi 
 kinds of evidence on grounds if p?<6/AC policy ; 
 
 because it is thought that greater mischiefs would 
 probably result from requiring or permitting their 
 admission than from wholly rejecting them. 
 
 334. The first class of subjects which the law Coinnumica- 
 
 protects from disclosure, includes all communications J'""* between 
 , 7 7 7 7 • . XT 1 1 1 .» husband and 
 
 between husband av.d tctjc. " rso husband, says the wife. 
 
 Legislature, " shall be compellable to disclose any 
 
 communication made to him by his wife during the 
 
 marriage; and no wife shall be compellable to 
 
 disclose any communication made to her by her 
 
 husband during the marriage." 
 
 i 
 
 \y 
 
 i 
 
 ]'■ 
 
08 
 
 
 li: , 
 
 rrofcfsional 
 roininiinica- 
 
 t Umi.s. 
 
 Jiitlf^cs, iiibi- 
 trators, etc. 
 
 Secrets of 
 State. 
 
 Indecent 
 evidence. 
 
 CATKCIIISM OK MILITARY LAW. 
 
 iJ.'iS. Snondlt/, as rcgardB profisslonnl iommnnl- 
 aitions, the rule is now well settled, that, wiiere a 
 harrister or solicitor is professionally euiploycd Ly 
 a elicnt, all communications which pass between 
 them in the course and for the purpose of that 
 employment, arc so far privlleujed that the lcj.';al 
 adviser, when called as a witness, cannot be permitted 
 to disclose them. 
 
 33G. Juilgesn, arhiirators and counsel form a third 
 class of persons, who, from motives of public policy, 
 arc, perhaps, not compellable to testify as to certain 
 matters, in which they have been judicially or 
 professionally engaged ; though, like ordinary persons, 
 they may be called upon to speak to any foreign or 
 collateral matters which happened in their presence 
 while the trial was pending, or after it was ended. 
 
 337. A fourth class of cases, in which evidence 
 is excluded, comprises secrets of State, or matters, 
 the disclosure of which would be prejudicial to the 
 public interest. These matters are tuch as concern 
 the administration cither of penal justice, or of 
 government; but the principle of public safety is in 
 both cases the same, and the rule of exclusion is 
 applied no further than the attainment of that object 
 requires. 
 
 338. The law excludes, on public grounds, ti fifth 
 species of evidence, namely, that which is indecent, 
 or offensive to public morals, or injurious to thcfeel- 
 ivgs of third persons ; the parties themselves having 
 no interest in the matter, except what they have 
 impertinently created. The mere indecency of dis- 
 
 
the 
 
 iccrn 
 
 )r of 
 
 IS in 
 
 m is 
 
 [bjcct 
 
 \ccnt, 
 \feel- 
 iving 
 lliavc 
 dis- 
 
 (JAtEOlIISM OF AtlUTARY L\W. 99 
 
 closures docs not suffice to exclude tlieui, where the 
 evidence is ncctssafi/ for the purpose of civil or 
 criminal justice ; but wlierc the parties have iui- 
 jxjrtineiitly interested themselves in a question 
 t nding to violate the peace of society by exhibit- 
 ing^ an innocent third person in a ridiculous light, 
 or to disturb his i^euce and comfort, or to oflfend 
 public decency ]>y the disclosures which its decision 
 may requirC; the evidence wdl not be received. 
 
 Witnesses. 
 
 339. By clause 125 Army Act 1881 it is pro- Protc ti( n of 
 vided that every person attending before a court 
 
 martial in pursuance of a summons or an order, as a 
 witness, " shall, during his necessary attendance in or 
 «n such court, and in going to and returning from the 
 same, have the same privilege from arrest as ho 
 would have if he were a witness before a superior 
 court of civil jurisdiction." 
 
 340. Witnesses are protected from arrest upon Witnesses p o- 
 iiny civil process, while going to the place of trial, *'''**'' "f^'^" "'' 
 while attending there for the purposes of the 
 cause, and while returning home. The service of a 
 subpoena or other process is not necessary in order 
 to afford the witness this protection, provided he has 
 consented to come without such service, and actually 
 docs attend in good faith ; and therefore the 
 privilege extends to a witness coming from abroad 
 without a subpoena. In dot.Tuiining what con- 
 stitutes a reasonable time for going, staying, and 
 returning, the courts arc disposjd to be liberal; and, 
 provided that it substantially appears that there 
 
 ' civil prcH'CHS. 
 
 ■I ■ I 
 
100 
 
 (jATKOltlSM Ot* MiLITAnV UW. 
 
 I 
 
 hns l)ecn no improper loitering or deviation froin 
 the way, they will not strictly inquire whether the 
 witness or other privileged party went as quickly as 
 possible and by the nearest routo. 
 
 liiit not 341. It would seem that, in general, this protec- 
 
 imi procc-s. ^'*'" extends only to persons arrested on civii jirocisK, 
 for against criminal process home itself is no protec- 
 tion. 
 
 Competency of Witnesses. 
 
 Certain i»or- ^'^■^* Although, in the ordinary affairs of life, 
 
 .saiiH rcmirnMi temptations to practice deceit may be comparatively 
 lew, and tlierelorc men may m general be disposed 
 to rely U[uin the statements of each other ; yet, in 
 judicial investigations, the motives to pervert the 
 truth arc so greatly multiplied that, if statements 
 wore believed in courts of justice with the same 
 indiscriminating credulity as in private life, much 
 wrong would unquestionably be done. ^J'hc danger 
 of inju;<ticc arising from this cause, wh!ch doubtless 
 should induce judges to watch with cautious sus- 
 picion the evidence laid before them especially when 
 it comes from an interested or polluted source, has, 
 till recontl}'^, been thought to justify the observance 
 of rules, by virtue of which large and numerous 
 classes of persons w^erc rendered incompetent wit- 
 nesses, and their testimony uniformly excluded. 
 
 34vJ. The Jlr.st class of persons whom the law in 
 general regards as partially incompetent to testify, 
 includes defendants in our criminal courts, and par 
 tics charged before magistrates with minor offences. 
 344. The second general rule of exclusion — sub- 
 ject to some few exceptions — precludes husbands and 
 
 l)orcn(l; li's ill 
 
 (M'iiniiiiil 
 
 court;:!. 
 
 Husbands and 
 wives. 
 
from 
 
 cr the 
 kly as 
 
 ^rotcc- 
 proUC 
 
 )f llfo, 
 •ativcly 
 
 yet, in 
 crt the 
 teinents 
 ic same 
 niuch 
 dani^cr 
 )ul>tlcss 
 IS sus- 
 ly when 
 3C, has, 
 jrvancc 
 lincrous 
 it wit- 
 )d. 
 
 Ilaw in 
 
 testify, 
 
 id par 
 
 Fences. 
 
 I— sub- 
 
 ds and 
 
 OATECIIISM OF MILITARY LAW. 
 
 101 
 
 wives from giving testimony for or against each 
 other in any criminal proceeding. The exceptions 
 are in cases where a crime has been committed by 
 the one against the other. Tiius a wife may testify 
 against her husband for an assault and battery upon 
 her ; cr, for maliciously .shooting, or attempting to 
 poison her ; or, it seems^ for any other ofFoiice against 
 her liberty or person. 
 
 345. The third clnss of persons incompetent to wuncssps in 
 testify includes witnesses, who, bein*; called for the '"f*' •''J'''^"" 
 
 •^ > > o II, ,t oil the I st. 
 
 Crown in cases of hijh treason or misprision of 
 treason, have not been included or properly described 
 in a list duly delivered to the defendant. 
 
 346. The last chtss of persons rejected by the law i.iiots. luna- 
 as witnesses includes all those who are incapable of ^" ;"• *'V"i'l' 
 
 * arils, cliildit'ii. 
 
 comprehending the nature of an oath or affirmation, 
 or of giving a moderately rational answer to a 
 sensible question. It makes no diiference from what 
 cause this incapacity may arise ; for, whether it be 
 occasioned by a congenital want of intellect, or by 
 gOine temporary obscuration of the reasoning faeul- 
 tics, or by mere unripeness of understanding, — 
 whether the person be an idiot, or lunatic, a drunkard, 
 or a child, — he cannot^ so l(»ng as the defect exists, be 
 examined as a witness. The incapacity, however, is 
 co-extensive with the defect. Thus a monomaniac, 
 or a person who is afflicted with partial insanity, will 
 be an admissible witness, if the judge finds upon 
 investigation that he is aware of the nature of an 
 oath or declaration, and that he is capable of under- 
 standing the subject, with respect to which he is 
 required to testify. So, in the case of total madness, 
 
 :t \ 
 
103 
 
 Will 
 
 to be ywurii. 
 
 tlU'SSOH.IlOW 
 
 V'H 
 
 Leading 
 quest ions. 
 
 OATECltiSM OF MILITARY LA\V» 
 the occurrence of a lucid interval, — iu the case of 
 
 • 
 
 intoxication, the return of Bobricty,— will render the 
 witness competent ; and the judges will occasionally 
 po-stpoue trials of importance if they have ^ovd 
 cause to believe that the witness within a reasonable 
 time will be able to testify, and if, without his testi- 
 mony, the ends of justice will probably be defeated. 
 
 347. All witnesses ought to be sworn according to 
 the [Kjculiar ceremonies of their own religion, or in 
 snch manner as they deem binding on their con- 
 Hciencee. 
 
 How Evidence is to be given. 
 
 o48. The examination of a witness by the person 
 who calls him is called his examination, or direct 
 examination, or examination-iu-chicf, and on this 
 examination the questions must be relevant to the 
 issue, that is to say, must relate to the matters in 
 issue at the trial. The court must, of course, in all 
 cases, see that a witness is not compelled to answer 
 any question iu respect of which he is entitled to 
 claim privilege ; and must also see that, as far as 
 possible, a witness is so dealt with that his honest 
 belief is obtained from him. 
 
 349. Accordingly, a witness must not be asked in 
 exaniination-in-chief leading questions on any mate- 
 rial point, that is to say, questions suggesting the 
 answers which the person putting the question wishes 
 or expects to receive, or suggesting disputed facts, 
 as to which the witness is to testify. For instance, 
 a witness must uot be asked, '' Did the prisoner 
 
1 
 
 !0f 
 
 the 
 
 ally 
 
 ^ooil 
 
 abW 
 
 .Ci-ti- 
 
 itcd. 
 
 w*^ to 
 
 or in 
 
 cou- 
 
 pcrsou 
 direct 
 tliis 
 to the 
 tcrs iu 
 in all 
 answer 
 
 led to 
 far as 
 honcfct 
 
 tkcd in 
 naatc- 
 \cr the 
 [wishes 
 facts, 
 Istancc, 
 risoncr 
 
 CATKCIUBM OF MILITAUY LAW. 103 
 
 then «;o into the barrack room ?" but *' what did 
 the prisoner do next ? " IP it were not for this rule 
 a favorable and dishonest witness uiiglit be made to 
 ^'ivc any evidence tliat was desired. On tlie other 
 hand, it would be mere waste of time to enforce tlie 
 rule where the questions asked are simply intro- 
 ductory, and form no part of the real substance of 
 tlic inquiry or where they relate to matters wliich, 
 tliough material, arc not disputed. 
 
 350. Of course, if a person calls a witness and the Kx«c.iioii in 
 witness appears directly hostile to him, or interested , , no .«. 
 
 on the other side, or unwilling to give evidence, the 
 reason of the rule fails, uod the court should allow 
 the person oallij: ,- the witness not only to ask liim 
 leading questions, but to cross-examine him, and to 
 treat him in every respect as though ho were a 
 witness called by the other side, except that as he has 
 been put forward as worthy of credit by the parson 
 calling him, that person must not be permitted, 
 cither by cross-examination or by direct evidence, to 
 impeach his credit by general evidence of bad 
 character, 
 
 351. When the examlnation-in-ohief Is finished the hhu^ a< to 
 opposite party cross examines the witness. In cross- '^V^^^ examina- 
 cxamination leading questions and irrelevant ques- 
 tions may be put, and must be answered, as the 
 cross-examining party is entitled to test the exa- 
 mination-in-chief by every means in his power ; and 
 
 irrelevant questions are often put in cross-examina- 
 tion for the sole purpose of putting a witness, who 
 is supposed to have learnt up the story, off his guard. 
 
 " ( 
 
 fi! 
 
104 
 
 oxainiiialioii. 
 
 DiHonMioii of 
 <'ourl IIS to < n- 
 loroing rules. 
 
 (;atk(jiiihm ok mimtauy law. 
 
 Qiu'."^tioii.s alHO limy ))o put cm crosp cxaiiiinaticm 
 wliicli ti'iul (Mtlicr U) tcHt ilic atTur.icy or civdihilily 
 of the witiu'HH or U> nliako IiIh ciT'lit, iiiipcncjljiiiL!; 
 liiH iiintlvcH or Injuring Ii'ih cliaractor ; though kucIi 
 <|Uc'Ktioi)H cannot be put on tlie examination in eliief 
 or re-examiiuition. 
 
 .'{52. At tlie eon(5hi.Mi(»n of Uie crosH-cxainination 
 the person who called thewitnesH may, if he pleancs, 
 re examine him ; hut the re-examination munt h<; 
 directed exeluKively to the exphination of matt<!r.s 
 referred to in cro.ss examination ; and if new matte r 
 is, hy permission of the court, introduced in re 
 examination, the other side may furtlicr cross-examine 
 upon it. 
 
 351 J. Speaking generally, the above rules should 
 oidy be enforced in their full strictness in tlic case ol 
 counsel or skilled advocates or other persons who 
 may be supposed to be (Iiorougbly accjuaintcd with 
 the rules of evidence, and therefore may be presumed 
 only to break the rules of evidence for the sake oC 
 obtaining an improper advantage. In other castjs 
 the court may allow considerable latitude, and should 
 inti'rfere only where the interests of justice plainly 
 refjuire it. 
 
liiiutinn 
 dibilily 
 
 ill yliicl 
 
 numtion 
 plcaHcs, 
 inuHt })v 
 inutU'iH 
 N iiKittcr 
 il in i(i 
 -examine 
 
 bIiouM 
 
 case ol 
 
 ns wlio 
 
 ted Willi 
 
 csuuumI 
 
 Hake ol' 
 
 icr casiiH 
 
 d should 
 
 plainly 
 
 CATECIIIBM OF MILITAHY LAW. 
 
 Form of AjypUcal'nyn, for a Qencral or District 
 
 Court Martial, 
 
 105 
 
 188 
 
 Station, Date, 
 
 Application for a Court Martini. 
 
 SiR,~T liave the honor to Huhuiit charge 
 
 ii^ainHt No. of the under my 
 
 (jommand, and rofjuest you will obtain the winotion 
 of that a (.'ourt Martial 
 
 may bo aHscmbled for his trial at 
 
 The prisoner in now at 
 His general eliaraeter is* 
 
 I beg to enelo.se the following documentH : — 
 
 1. f Charge Sheet (in duplicate). 
 
 2. jij Summary of Evidence. 
 
 W. I The [jrisoner'.s troop [battery or company] 
 defaulter nlieet. 
 
 4. X List of witneHHes for the pro.sceution and 
 (U'fence (with their present stations). 
 
 5. X Statement as to character, and particulars 
 ol' service of prisoner to be proved by 
 
 1 have the honor t<i be, Sir, 
 
 Your most obedient humble servant, 
 To 
 
 Signature of Commanding Ofjker. 
 
 *'r<» be filled in by tlio (.'oniTnaiMlIng Ofllcor. 
 
 t Olio copy to bo Hciit to tlio prrnidiMit ; oiio copy to bo fll«,'«l 
 Nvith llio appIiciUion for triul. In cmvM of dcHorllon, a Htatotncnt 
 UN l<> wliotlior tliuprlaonor was nppruhondi^d or HurrciidcrcU, Ih to 
 
 b(! iiiclU«l(3«I. 
 i To bo BCiit to tlio prcNldciit. 
 X (1) (5) To bo returned to tlic corps wUli llio nollcc of trial. 
 
 I m 
 
106 
 
 CATECniSM OF MILITARY LAW. 
 
 Surgeon's Certificate. 
 
 ii 
 
 I certify that No. 
 
 of 
 
 IS in a 
 
 state of health, and to undergo imprison- 
 
 ment, and with or without hard labor; and thnt 
 his present appearance and previous medical history 
 both justify the belief that hnrd labor employment 
 will neither be likely to originate nor to re-produco 
 disease of any description. 
 
 S if/nature of the Surgeon. 
 
 I I' 
 
CATECHISM OF MILITARY LAW. 
 
 107 
 
 
 prison- 
 id that 
 history 
 ioynicnt 
 roduco 
 
 Form of Order jor the Assemhhj oj a 
 Court Martial. 
 
 Orders by commanding. 
 
 The deti\il of officers as mentioned below will 
 assemble at on for the 
 
 purpose of trying by Court Martial the 
 
 prisoner named in the margin. 
 
 PRESIDENT. 
 
 is appointed prebidciit. 
 
 iiii 
 
 )1 EMBERS. 
 
 xgcon . 
 
 Prisoner will be warned and all witnesses duly 
 required to attend. 
 The proceedings will be forwarded to 
 
 Sisnel this 
 
 day of 
 
 188 
 
 Signature, 
 
X08 
 
 CATECIIISxM OF MILITARY LAW. 
 
 Form of Summons to a Civil Witness. 
 
 To 
 
 I 
 
 i 
 
 Whereas a Court Martial ha.s been 
 
 ordered to assemble at on the 
 
 day of 188 for the trial of 
 
 of the 
 
 I do hereby summon and require you 
 
 to attend, as a witness, 
 the sitting of the said Court at on the 
 
 day of at o'clock in 
 
 the forenoon [and to bring with you the documents 
 hereinafter mentioned, namely ] 
 
 and so to attend from day to day until you shall 
 be duly discharged ; whereof you shall fail at your 
 peril. 
 
 Given under my hand at 
 on the day of 188 
 
 Signature. 
 
 Convening OJJicci' or Judge Advocaie^ 
 or President of the Court 
 or Commanding Officer oj the Prisoner, 
 
isoncr. 
 
 CATECHISM OF ^ULITARY LAW. 
 
 Memo, for Guidance at Courts Martial, 
 
 (I»aued by Department of Militia and Defence.) 
 
 109 
 
 '1 
 
 Order for convening Court Martial should be 
 attached before Sheet (A) of the printed proceedings, 
 marked X, and signed by the President. 
 
 Charge Sheet should be attached after Sheet (B) 
 and before sheet (C) of the printed proceedings, 
 marked Y, and signed by the President. 
 
 Composition of Charge should be as follows ;— 
 
 Charge Sheet. 
 
 The Prisoner, No. Private 
 
 a soldier of is charged with : 
 
 First. — Using threatening language to his superior 1st clmrgo. 
 
 ofl&cer in that 
 
 at Barracks, on the 
 
 of 188 , he, &c., &c. 
 
 Second. — Resisting an escort whose duty it was 2nd charge. 
 
 I «f 
 
 to have him in char;jrc 
 
 in that 
 
 at the place and on the day mentioned in the first 
 
 charge, etc., etc. 
 
 In cases of desertion, a statement as to whether 
 
 tlie prisoner was apprehended or surrendered is to 
 
 be included. 
 
 Statement as to character and service should bo 
 
 attached next before Sheet (Gr), marked Z, and 
 
 signed by the President. 
 
 Other documents connected with trial should be 
 
 attached to proceedings at the end, and marked with 
 
 letters not already used, as L, M, N, 0, etc. 
 
 Extra Sheets. 
 
 When necessary to use foolscap, owing to there not 
 
 being sufficient room on the printed sheets, they 
 should be lettered to corresjiond with the sheets of 
 
r 
 
 110 
 
 CATECHISM OF MILITAItY LAW. 
 
 whicli they form part; for instance, if necessary, 
 after the printed sheets marked D, E, etc., they 
 should be marked D 3, E 3, etc., etc., in order. 
 
 Numbering of Sheets. 
 
 The sheets to be numbered consecutively, begin- 
 
 ing with " Order Convening the Court " as, 1, fur 
 
 convenience in putting the sheets together. All 
 
 the proceedings should be attached f^gcthcr by a 
 
 clip or tape. 
 
 Evidence, 
 
 All evidence, after being written down, should be 
 
 read over in the hearing of the Court before the 
 witness is allowed to withdra^v, and recorded in the 
 proceedings. 
 
 Remarks of Convening Officer. 
 
 A space of at least half a page is to be left for the 
 
 remarks of the convening officer. 
 
 Sentence. 
 
 The sentence is to be marginally noted in every 
 
 case. 
 
 Sentence how expressed. 
 
 I. Terms of imprisonment not amounting to six 
 
 (G) months, will be awarded in days. 
 
 II. Terms of imprisonment of one (1) year and 
 two (2) years, in years. 
 
 III. Other terms of imprisonment will be awarded 
 in months, or, if required, in months and days 
 Months must be stated to be calendar months; a 
 year is twelve (12) calendar months. 
 
 By Order, 
 
 WALKER POWELL, Colonel, 
 Adjutant General Militia. 
 Head Quarters, 
 Ottawa, 17th November, 1884, 
 
CATECItlSM OF MILITARY LAW. 
 
 Ill 
 
 I 
 
 A 
 
 Form of Proceedings for Court Martial. 
 
 (To bo written on both sides of tho paper). 
 
 ProcceJings of a 
 at on the 
 
 188 by order of 
 <^atcd the day of 
 
 Court Martial, held 
 day of 
 Commanding 
 
 188 
 
 President. 
 
 Members. 
 
 ^ardcd 
 days 
 
 's; a 
 
 )nel, 
 ilitia. 
 
 At 
 Trial of 
 
 Judge Advocate ^ 
 (if nny). 
 
 o' dock the Court opens. 
 
112 
 
 CATECHISM OF MtLITAUV tA\\\ 
 
 H 
 
 I 
 
 B 
 
 (1) and (2). 
 
 (1). The order convening the Court is read, and 
 is marked , signed by the President, 
 
 and attached to the Proceedings. 
 
 The Cliargc Sliect and the Summary (or abstract) 
 of Evidence is laid before the Court. 
 
 The Court satisfy themselves as provided by Rules 
 of Procedure, 22 and 23. 
 
 (2.) appears as Prosecutor, and t;ikc9 
 
 his place. 
 
 The above-named Prisoner is brought before the 
 Court. 
 
 The names of the President and jMembers of the 
 Court arc read jver in hearing of the Prisoner, and 
 they severally answer to their names. 
 
 Question by 1^0 you object to be tried by me as the President, 
 
 the President q^ y^y ^^y Qf ^\^q Officers whose names vou have 
 to the Prisoner j j j 
 
 Answer by 
 Prisoner. 
 
 heard read over ? 
 
 (Instruction. — The questions are to he numbered 
 throughout consecutively in a single series. The letters 
 Q. and A. in the margin mat/ stand for Question and 
 Ansioer respectively.) 
 
 The President, Members and Judge Advocate (if 
 any) arc duly sworn. 
 
 Tiie following Officers under instruction, viz. : 
 
 arc duly sworn. 
 
eATECltISM OP MILITARY LAW. 
 
 113 
 
 orn. 
 
 c 
 
 (3.) 
 Charge Sheet. 
 
 (3.) The Charge Sheet is signed by the President, Charge Sheet, 
 marked and annexed to the Proceedings. 
 
 The Prisoner is arraigned upon each charge in 
 the above-mentioned Charge Sheet. 
 
 Are you guilty or not guilty of the (first) ch:irge Question to 
 
 . . , . , , , , 1 o the Prisoner, 
 
 against you, which you have heard read r 
 
 Answer. 
 
 Are you guilty or not guilty of the second charge Question, 
 against you, which you have heard re:»d ? 
 
 Answer. 
 
 I .^1 
 
 Kif 
 
 Are you guilty or not guilty of the third charge Question, 
 against you, which you have heard read ? 
 
 Answor. 
 
 JiL 
 
/ 
 
 
 114 
 
 OATECIltSM OF MiLttAUV LAW. 
 
 D 
 
 (4.) 
 Proceedings on Plea of Guilty. 
 
 Question to ('^•) ^0 you Vfi>\\ to make any statement in 
 
 the Prisoner, reference to the charge to which you 
 
 have pleaded Guilty ? 
 
 The Prisoner in reference to the charge 
 
 Answer. 
 
 says : 
 
 (Instruction. — The substance oj the Prisonei'*s state- 
 ment must he taken down in the first person, and as 
 nearly asjiossible in his own tcords.) 
 
 The Court find, in pursuance of the above pica, 
 
 that the Prisoner. (Number, rank, name, 
 
 regiment) is guilty of the charge (all the charges) 
 
 or 
 
 First Witness 
 for Prosecu- 
 tion. 
 
 IS guilty of the charge, and is not 
 
 guilty of the charge. 
 
 The Summary (or abstract) of Evidence is rejvd, 
 marked , signed by the President and attached 
 
 to the Proceedings. 
 
 If there is no Summary or abstract of Evidence 
 the Prosecutor proceeds to call Witnesses. 
 
 being duly sworn, is examined by the Prosecutor, 
 
CATECHISM OF MILITARY LAW. 
 
 115 
 
 Proceedings on Plea of Guilty. 
 
 Do jou wish to call any Witnesses as to Question to 
 , „ the Priaonor. 
 
 character? 
 
 Answer 
 
 Do you wish to make any statement in mitigation Qncstion to 
 
 the Prisoner, 
 of punishment ? 
 
 The Prisoner in mitigation of punishment says 
 
 Answer. 
 
 or, if the statement is in writing, hands in a writ- 
 ten statement, which is read, marked signed 
 by the President, and attached to the proceedings. 
 
 (iNfcTUUCTiox. — // the Pniioncr''s statement is not in 
 writing i and is ilelicci'cd bi/ himself , the material por- 
 tions should be taken down in the first persony andy 
 as nearly as possibkyin his own words. Ifdelivei'ed 
 by any one else, the material portions should be re- 
 corded. Care must be taJcenj lohcther a request is 
 made or not, to record eoery point brought J or ward in 
 mitigation oj punishment.) 
 
116 
 
 CATECHISM OF MILITAUY LAW. 
 
 D 
 (5.) 
 Proceedings on Plea of Not Gujlty, 
 
 (5.) The Prosecutor makes tl»e following address 
 
 First Witness 
 for Prosecu- 
 tion. 
 
 or, if the address is written, liaiids in a written 
 address, which is read, marked , signed by 
 
 the President, and attached to the proceedings. 
 
 The Prosecutor proceeds to call Witnesses 
 being duly sworn, is examined by the Prosecutor. 
 
 Cross-examined by the Prisoner, 
 
 Rc'Lxamincd hij the Prosecutor, 
 
 Examined hij the Co%irt. 
 
 His evidence is read to the witness j|s directed by 
 Hule of Procedure, 81(B) 
 
 The witness withdraws, 
 
CATECHISM OF MILITAKY LAW. 
 
 £ 
 
 (5 and C.) 
 Proceedings on Plea of Not Guilty. 
 
 117 
 
 The Prosecution is closed. 
 
 Defence. 
 
 Do you intend to call any witness in your defence ? Queition to 
 
 the Prisoner, 
 
 Answer. 
 
 Is he a witness as to character only ? 
 
 Question. 
 Answer. 
 
 (6.) * [The Prosecutor addresses the Court upon 
 the evidence for the prosecution as follows : 
 
 or, if the address is written, hands in a written 
 address, which is read, marked , signed by the 
 
 President, and attached to the proceedings. ] 
 
 V 
 
 *If witnesses arc to be called, excepting as to cliaractcr, 
 (his clause is to be struck out. 
 
4 
 
 118 
 
 CATECHISM OF MILITARY LAW. 
 
 if 
 
 E 2 
 
 (6 and 7.) 
 
 Proceedings on Plea of Not Guilty. 
 
 Question to (6 & 7.) Have you anything to say in your 
 
 the rrisoncr. 
 
 defence? 
 
 Answer. 
 
 The Prisoner in his defence says :— 
 
 or, if his address is in writing, hands in a written 
 address, wliich is read, marked , feigned 
 
 by the President, and attached to the proceedings. 
 
 First witness 
 for defence 
 *[na to char- 
 fictcr.] 
 
 The Prisoner calls tlie following witnesses *[as 
 to character.] 
 
 being duly sworn, is examined by the Prisoner. 
 
 *If witnesses are called, excepting as to character, thi.s 
 plausp is to bo struck out, 
 
CATECHISM OF MILITARY LA\V. 
 
 119 
 
 (8) and (9.) 
 Proceedings on Plea 'of Not Cutlty. 
 
 Finding. 
 
 (8.) The Court is closed to consider tlieir Find" 
 
 ing. 
 
 (8 and 9.) The Court find that tlic Prisoner Finding. 
 
 Proceedings on Acquittal of all the Charges. 
 
 The Court find that the Prisoner (No. , Rank, Acquittal. 
 Name, Regiment) is not guilty of the charge (or all 
 the charges) ; or is not guilty of 
 
 the charge (or all the charges), and honourably 
 acquit him of the same. 
 
 The Findings are read in open Court, and the 
 Prisoner is released. 
 
 Signed at 
 188 
 
 Jialge Advocate 
 (ir any) 
 
 til is 
 
 day of 
 
 Prcsiihnt, 
 
120 
 
 CATECHISM OF MltlTAHV tAW» 
 
 a 
 
 (10.) 
 Proceedings on Conviction before Sentence. 
 
 Evidence of 
 character, &c. 
 
 (10.) The Court being rc-opencd, tlio Prisoner 
 is airain brought before it 
 
 is duly sworn. . 
 
 Question by Have you any evidence to produce as to the cliar- 
 tlie president. 
 
 actcr and particulars of service of the Prisoner ? 
 
 Answer by the I produce this statement (the witness hands in the 
 witness. 
 
 statement, which should be in the form given at the 
 
 end of these proceedings.) 
 
 The above statement (with the schedule of convic- 
 tions) is read, is marked , signed by the 
 President and annexed to the proceedings. 
 
 I:; the Prisoner the person named in the statement 
 which you have heard read ? 
 
 Question by 
 the president 
 
 Answer by 
 the witness. 
 
 Question. 
 
 Answer. 
 Question. 
 
 Answer. 
 
 Have you compared the contents of the above 
 gtatemeut with the Regimental Books ? 
 
 ■ ■■''?. 
 
 Are they true extracts from the Regimental Books, 
 and is the statement of entries in the Defaulter Book 
 a fair and true summary of those entries ? 
 
C.VTKCIILSM OV mUTXRY LVVV. 
 
 121 
 
 H 
 
 (10.) 
 
 The Court is closed to consider their sentence. 
 
 Sentence. 
 
 iif 
 
 m 
 
 The Court sentence the Prisonei 
 
 Sentence. 
 
 Signed at 
 day of 
 
 this 
 
 
 
 tti 
 
 'HI 
 
 Judge Advocate 
 (if any > 
 
 President. 
 
122 
 
 ! 
 
 i 
 
 
 CATECHISM OF MILITAUY LAW. 
 ^ J 
 
 01.) 
 
 Revision. 
 
 (U.) At on the day of 188 
 
 a^ o'clock, tlic Court roassciublcd b}' order (d' 
 
 for tlic purpose of reconsidering tliejr 
 
 X^resent tl»c same Members as on the 
 
 Tiio directing tbe rcasseud)!^? of 
 
 the Court for the revision auil giving the reasons of 
 Oio ooufirming authority for recjuiring a revision of 
 thi) is read, marked , signed 
 
 by the President, and attaclicd to the Froeoedings, 
 
 The Court having attentively considered tlio 
 observations of the Revising Officer, and 
 
 the whole of the Proceedings, do now 
 
 a. revoke their finding and sentence, and are 
 
 of opinion, &c., or 
 
 b. do now revoke their sentence, and now sen- 
 tence the Prisoner, &c., or 
 
 c. do now respectfully adhere to their sen- 
 
 tence (or finding and sentence.) 
 
 Signed at this day of 188 
 
 Judge Advocate 
 
 President, 
 
 (if any) 
 
CATECHISM OF MIUTAUY LAW. 
 
 123 
 
 Statement as to Cliaracter and Particulars 
 of Service of Prisoner. 
 
 of the 
 
 1 . The following is a iair and true summary of 
 entries of the Prisoner's name in the Defaulter's 
 Hook, exclusive of convictions )>y a Court Martial or 
 
 a Civil Court : 
 
 Within las I Since 
 
 12 months. Enlistment 
 
 For times times. 
 
 For times times. 
 
 For times times. 
 
 For times times. 
 
 Or, the Prisoner's name does not appear in the 
 Defaulter's Book. 
 
 2. The Prisoner has not been previously convicted; 
 
 or. 
 
 Tlie previous convictions of the Prisoner by a Court 
 Martial or a Civil Court are S(t out in the Schedule 
 annexed to this statement. 
 
 3. The Prisoner is not under sentence at the 
 
 present time; 
 
 or. 
 
 • the Prisoner at the present time is under sentence 
 for Icginning on the day 
 
 of 
 
 NoTB.— Ifthe 
 charj^e is for 
 druukcnncss 
 the entries for 
 drunkenness 
 must be stated 
 separately. 
 
 'i& 
 
 
 ;'rll 
 
124 
 
 IS 
 
 i 
 
 CATECHISM OF MILITARY LAW. 
 
 4. The Prisoner has been in confinement, awaiting 
 trial on the present charges for 
 
 beginning on the day of , ' 
 
 5. The Prisoner's age is stated in his attestation 
 paper to be 
 
 G. The date of his attestation specified in his 
 attestation paper is 
 
 7. The service which the Prisoner is allowed to 
 reckon towards discharge is 
 
 8. The l*risoner is entitled to deferred pay in 
 respect of » years' service. 
 
 9. The Prisoner is in possession of, or entitled to, 
 no military decoration or military reward which 
 the Court can forfeit [or is in possession of or 
 entitled to.l 
 
 11. 
 
 [Note— If any matter in any of the above paragraphs 
 cannot be stated from the Regimental Book, the para^ 
 graph must be struck through,} 
 
 7 . . ibove statement [with the Schedule of Con- 
 vict. :<; : is read, is marked , signed by the 
 Pref:^ident, and annexed to the Proceedings. 
 
CATECltisM OP MItlTARV LAW. 
 
 125 
 
 11 
 
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 SENTENCE OF 
 THE COURT 
 
 
 CHARGES UPON WHICH 
 CONVICTED. 
 
 I 
 
 DATE & PLACE 
 OF TRIAL. 
 
 
 DESCRIPTION OF 
 
 COURT BY 
 
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120 
 
 CATtOllISM OF MILITARY LAW. 
 
 Form of Coiiwiitmcnt to 
 
 Irison. 
 
 hi i 
 
 li 
 
 
 \m 
 
 To the Governor, Warden or Gaoler in cliarj^c of 
 Gaol or Prison at 
 
 I, Commanding Officer of the 
 
 do licreby require and order you to receive into 
 your custody and keep in confinement until the 
 expiration of his imprisonment 
 of the of 
 
 pursuant to the sentence of a 
 Court Marti.il, lield at 
 
 Or in caw s of 
 emeigency, of 
 the command- 
 ing officer. 
 
 The date of signing the sentence Was 
 and the date, day of the week, and hour, of the 
 expiration of the imprisonment will be 
 
 Nature of Crime {to he specified in fuU.) 
 
 li'inding and Sentence {to Ic s^preifiid hi full.) 
 
 General character 
 
 Sf<ji}atnre. 
 
CATECHISM OF MILITAUY LAW. 
 
 Authenticated Description of the Prisoner. 
 
 127 
 
 Name anil Regiment 
 
 a\ No. 
 
 
 Date of Enlistment 
 
 
 
 Trade on Eiilis^tment 
 
 
 
 Religious TcrHuasion 
 
 
 Country 
 
 A.go 
 
 Years 
 
 Months. 
 
 Married or Sin<;le 
 
 
 
 Service 
 
 years 
 
 months. 
 
 Height 
 
 feet 
 
 inches. 
 
 Complexion 
 
 Marks 
 
 
 Hair 
 
 Can read 
 
 
 Eyes 
 
 Can write 
 
 
 Subsi.sted to 
 
 ly 
 
 
 Including per- 
 iods forfeited 
 by absence or 
 otherwise. 
 
 If tlie Prisoner is to hv (liscliarj^e'l 
 from the Service at the exniratien of 
 Ills iinprisomneiit, it should be liere 
 stated. 
 
 List of necessaries required 
 to be in po*e8sion of tl»e 
 Prisoner on a(bni.'^ion. 
 
 1 shirt, 
 
 1 pair of socks, 
 
 1 pair of boots, 
 
 1 uniform cap, 
 
 1 do coat or jacket, 
 
 1 uniform pair of trousers, 
 
 1 pa!r of braces. 
 
 Numbers received 
 with the Prisoner 
 wljen admitted. 
 
 Signed 
 
 Commandiug 
 
128 
 
 ] 
 
 in 
 
 HI 
 
 If 
 
 ^M [ 
 
 ■• i? 
 
 Hi' 
 
 ffli 
 
 .' U; 
 
 Mi '<'>'' 
 
 H n V '^' 
 
 <9Pf^^ 
 
 mil 
 
 
 i 
 
 CATIiClIISM Ol<' MILITAUY LAW. 
 
 Form of Order for Comndtment to Provost 
 
 Prlaon. 
 
 To tlic Nori-Commit<sionc(l Oflicer in charge of 
 Provost Prison at 
 
 Whereas, of the 
 
 was on the day of 188 , 
 
 awarded by his Commandini;; Officer," Imprisonment 
 with hard labor " for ' 
 
 for the offence of 
 
 Now, thenfore, I, the undersigned, being tlic 
 Commanding Officer of the said Military Prisoner, 
 do hereby, in pursuance of the Army Act, 1881, 
 and of all other Acts and Powers enabling me in 
 this behalf, order you to receive him into your 
 custody to undergo his sentence according to law, 
 and for so doing this shall be your warrant. 
 
 m 
 
 Signed at 
 
 188 
 
 , this 
 
 day of 
 
CATECHISM OP MILITAUY LAW. 
 
 129 
 
 f^orm of Order Jor Discharge of Prisoner 
 
 To the Governor, or Warden or Gaoler in eliar^e 
 of Gaol or Prison at 
 
 Whereas (Name, No., Rank), of the 
 
 Begiment, is now in your custody under a sentence of 
 imprisonment by Court Martial (or pursuant to the 
 award of his Commanding Officer) 
 
 I, '^ tho undersigned, being 
 
 the Officer Commanding the Militia or *' the Officer 
 Commanding the Military District in which the 
 Prisoner is," or, if the Prisoner is imprisoned under 
 the award of his Commanding Officer, " being the 
 Commanding Officer of the said Prisoner," do hereby 
 order you to discharge the said Prisoner. 
 
 Signed at 
 
 this 
 
 day of 
 
 m 
 
 B,f, 
 
H 
 
 130 
 
 CATECIILSM OF MILITARY LAW. 
 
 t 
 
 Form oj Order for temporary detention in 
 Prison or Lock-up. 
 
 To tlic Governor, Warden or Gaoler in charge of 
 Gaol or Prison at or Officer in 
 
 charge of the Police Station (or other place) at 
 
 V/hereas (Name, No., J?ank,) of the 
 Regiment is now a Prisoner in Military custody, 
 
 Now, therefore, I, the undersigned, the Com- 
 manding Officer of the said Prisoner, do hereby re- 
 quire and order you to receive the said Prisoner 
 into your custody, and detain him unftl you receive 
 a further order from me, but not longer than 
 seven days, and for so doing thip. dhall be your 
 warrant. 
 
 Signed, this 
 
 day of 
 
 188 
 
 J. K. 
 
ni 
 
 CATfiCIIISM OF MILITARY LAW. 
 
 Form of Oath for Members of Court Martial, 
 
 131 
 
 Com- 
 
 You, (name) do SWCai", tluvt yOU will well 1111(1 
 
 truly try the Prisoner (or Prisoners) before the 
 Court, according to the evidence, and that you will 
 duly administer justice according to the Army Act 
 now in force, without partiality, favour, or affection, 
 and you do further swear that you will not divulge 
 the sentence of the Court until it is duly confirmed, 
 and you do further swear that you will not on any 
 account, at any time whatsoever, disclose or discover 
 the vote or opinion of any particular member of 
 this Court Martial, unless thereunto required in duo 
 course of law. So help you God. 
 
 Form of Oath for Judge Advocate, 
 
 !il:i 
 
 K. 
 
 You, (name) do swear that you will not, unless 
 it is necessary for the due discharge of your ofl&cia 
 duties, divulge the sentence of tins Court Martial 
 until it is duly confirmed ; and that you will not on 
 any account, at any time whatsoever, disclose or 
 discover the vote or opinion of any particular member 
 of this Court Martial, unless thereunto required in 
 due course of law. So help you God. 
 
m 
 
 CATECHISM OF MlLlTAHV LAW. 
 
 J 
 
 Form of Oath for Officers attending for tM 
 'pur'pose of instruction. 
 
 You, (name) do swear tliat you will not 
 
 divulge the sentence of this Court Martial until it 
 is duly confirmed ; and that you will not on any 
 aocotint, at any time whatsoever, disclose or discover 
 the vote or opinion of any particular member of this 
 Court Martial, unless thereunto required in due 
 course of law. So help you God. 
 
 Form of Oath for Shorthand WAter. 
 
 You, (name) do swear that you will truly 
 
 take down to the best of your power the evidence to 
 be given before this Court Martial and such other 
 matters as you may be required, and will, when 
 required, deliver to the Court a true transcript of the 
 same. So help you God. 
 
 Form of Oath for an Interpreter. 
 
 You, (name) do swcar that you will to the 
 best of your ability truly interpret and translate, as 
 you shall be required to do, touching the matter 
 before this Court Martial. So help you God. 
 
 Form of Oath for Witness. 
 
 The evidence which you shall give before this 
 Court, shall be the truth, the whole truth, and 
 toothing but the truth. So help you God. 
 
«l»: 
 
 ihia 
 and 
 
 CATEdllISM Ot MILITARY LAW. 
 
 133 
 
 If any member of, or person in attendance on, or a. A. 52. (4) 
 witness before a Court Martial, objects to take an 
 oath, or is objected to as incompetent to take an oath, 
 the Court, if Fatisfied of the sincerity of the objec- 
 tion, or, where the competence of the person to take 
 an oath is objected to, of the oatli having no bind- 
 ing effect on the conscience of such person, shall 
 permit such person, instead of being sworn, to make 
 a solemn declaration in the prescribed form, and such 
 solemn declaration shall be deemed to be an oath. 
 
 When a person is permitted to make a solemn 
 declaration, instead of being sworn, the form of 
 declaration is as followi : 
 
 the 
 
 |te, as 
 
 latter 
 
 God. 
 
 f^ (name) do solemnly promise and declare 
 that I will, &c. &c. litre follow form oj oath; 
 
 An oath may be administered in such form and R. o. P. 30 
 \vith such ceremonies as the person to bo sworn 
 declares to be, according to his religion, binding on 
 his conscience, and the words " You do swear", and 
 '* So help me Ood," may bo omitted or varied for 
 the purpose. 
 
 M 
 
.-« —i^^in^mmmmm 
 
INDEX. 
 
 SUBJECT. 
 
 A 
 
 Absence without leave. raragiapu 
 
 Evidence respecting, wlion taken on oath 113 
 
 Pisposal of charge by commanding officer 117 
 
 Punishment for, by conimanding olficer 118 
 
 Court of inq^uiry respecting 277 
 
 Acquittal. 
 
 In case of equality of votes 242 
 
 Finding of, not subject to revision 243 
 
 Finding of, how to be pronounced 243 
 
 Actual Service. 
 
 Who may call out Militia for 54 
 
 Militia may be called out at any time 55 
 
 For a period of one year 56 
 
 And sixmonths extra if required GO 
 
 Under whom may be placed 57 
 
 Penalty for refusal to turn out 58 
 
 Duties of C. 0. on corps being called out 61 
 
 Equipment necessary 61 
 
 Clothing to be provided by men 61 
 
 No baggage to be taken 62 
 
 Duty of C. 0. at end of journey 63 
 
 Duty of C. O. when corps is relieved 64 
 
 Loss^of private property may be made good 65 
 
 Militia subject to, Army Act ,.• 67 
 
136 
 
 INDEX. 
 
 Adjutant General. paragraph 
 
 Orders by, what is sufficient notice of 31 
 
 Aid to Civil Power. 
 
 When Militia liable to be called out 34 
 
 By whoni 35 
 
 His authority for doing so 36 
 
 Without which an officer may not go out 37 
 
 Officers have no discretionary power as to 38 
 
 The duty of senior officer when applied to 39 
 
 What every requisition is to express 40 
 
 What Militia is considered to be when so called out 41 
 
 Penalty for refusing to go out 42 
 
 Duty of officer in charge 43 
 
 How detachment is to be told off 44 
 
 By whom commands are to be given 45 
 
 Officer not to fire on his own responsibility 46 
 
 What he is first to do to prevent misunderstanding 47 
 
 How the fire is to be regulated 48 
 
 Whento cease 49 
 
 When force to be withdrawn 50 
 
 Report of officer to D. A. 51 
 
 Money for payment may be advanced by Government. 52 
 Expenses how borne, in case of riot obstructing the 
 
 mails 53 
 
 Annual Drill. 
 
 Militia at, subject to Army Act 67 
 
 Arms, etc. 
 
 How to be kept 14 
 
 Allowance for care of 15 
 
 Certificate required before payment jq 
 
 Militiamen obliged to keep in order , , , 25 
 
 Unlawfully disposing of or refusing to deliver up 26, \\7 
 
 Jjosing by neglect •...,.^.. ....,,...,..,,.......,... ......... H7 
 
"«■. 
 
 34 
 
 35 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40 
 
 41 
 
 42 
 
 43 
 
 44 
 
 45 
 
 46 
 
 47 
 
 48 
 
 49 
 
 50 
 
 51 
 
 52 
 
 53 
 67 
 
 14 
 15 
 
 16 
 2ft 
 
 IU7 
 
 U7 
 
 INDE^. 137 
 
 Army Act. raragraiih 
 
 When Militia subject to 67 
 
 Definition of 68 
 
 How continued in force 69 
 
 The advantage of an annual re-enactment 70 
 
 Parts of 71 
 
 Arrest. SooalsoMillt-xryCustoly. 
 
 Who may order oflicei's into 72 
 
 AVhen an oificer may order his senior into 74 
 
 Bothoflicers need not be of same corps 75 
 
 Duty of arresting officer 75 
 
 How an officer is put into 76 
 
 To be deprived of sword 76 
 
 And informed in writing of nature of arrest 77 
 
 Kinds of 78 
 
 Officer not ordinarily placed under, without investiga- 
 tion 79 
 
 When charges preferred by C. O ^0 
 
 Regulations for officers in 81 
 
 Not to wear certain articles 82 
 
 Officers in, may not demand court martial 83 
 
 How released from 84 
 
 When in, not to do military duty 96 
 
 Of non-commissioned officers 85 
 
 Breaking of, aserious ofl'ence 102 
 
 Articles of public propeity, responsibility for 13 
 
 Articles. Soldier under trial to be dej»rived of certain 114 
 
 Award. 
 
 By C. 0. where entered 125 
 
 By officers commanding comjianics, where entered.... 126 
 
 B 
 
 Baggage. Notto be taken on actual service 62 
 
 Bedding. When prisoners allowed 94 
 
 I iiyi 
 
 n 
 
 m 
 
 M), 
 
 I'H 
 
 
 I!! 
 
 ii'ili 
 
138 
 
 INDEX. 
 
 
 Paragraph 
 Breaking arrest or confinement a serious offence 102 
 
 Breaking out of barracks 117 
 
 C 
 Cashiering. 
 
 By general court martial 162 
 
 Before sentence of penal servitude or imprisonment.... 16.3 
 
 Casting Vote. 
 
 Of president on finding 242 
 
 Do onsentence 246 
 
 Character. 
 
 Evidence as to 303 
 
 Where accused charged wlVa particular crime 304 
 
 Charges. 
 
 For serious offenses, where jntered 103 
 
 For minor offenses, where entered 105 
 
 Against N. C. 0., where entered 106 
 
 Investigation of 110 
 
 How to be heard 112 
 
 That can be disposed of by C 117 
 
 Charge Sheet. 
 
 What it should state 138 
 
 Cojiy to be j. ven prisoner 147 
 
 Clothing. To be provided by men on actual service 61 
 
 Commanding Officer. 
 
 Oath of allegiance by 12 
 
 Responsible for articles of public property 13 
 
 To keep arms where no public armories 14 
 
 Orders by, what is sufficient notice of 33 
 
 Duties of, when called out for actual service 61 
 
 ' " on arriving at end of journey 63 
 
 ** when corps relieved from service 64 
 
12 
 13 
 14 
 33 
 Gl 
 63 
 164 
 
 INDEX. 139 
 
 Commanding OSLcer^ Continued. Paragraph 
 
 Duties of, if he prefers charges against an officer 80 
 
 ** when " crime " not furnished 93 
 
 Investigation of charges by 110 
 
 Duty of, in case of detention beyond 48 hours Ill 
 
 Courses open to, on investigation of charge 115 
 
 Duty of, in cases of first oifences 116 
 
 Cases which may be disposed of by 117 
 
 Punishments by 118 
 
 Minor punishments by 119 
 
 Delegation of powers by 123 
 
 Decision of, where to be entered 125 
 
 Sending prisoner to trial by court martial 132 
 
 May rehear case 135 
 
 Duty of, in doubtful case 140 
 
 Wliere four previous cases of drunkenness 143 
 
 Complaint. Duty of officers to whom made 131 
 
 Condonation. Meaning of 221 
 
 Confession of Guilt. 
 
 To be received with caution 320 
 
 Other sources of distrust respecting 321 
 
 Deliberate, clearly proved 322 
 
 Classes of 323 
 
 Judicial 324 
 
 Extra-judicial 325 
 
 The whole of, to be considered 326 
 
 To be voluntarily made 327 
 
 Inducements to make 328 
 
 If no inducement has been held out 329 
 
 Admissible, if prisoner at full liberty to act 330 
 
 Statutory, what is necessary to make valid 331 
 
 Of accomplices 332 
 
 Confinement. Sco Prlvato Soldler. 
 
 Coiifiuement tobarracks 119, 120 
 
 iM 
 
 
 ;: V 1 
 
 (■ 
 
 
 m 
 
140 INPEX. 
 
 Confirmation. Paragraph 
 
 Of proceedings 251, 252 
 
 Of ])roceccliiigs lost 253 
 
 Province of confirming olHccr.,.., 254 
 
 WliTt, he; aiay do ,., 255 
 
 Counsel. 
 
 For prisonr^r 229 
 
 What he may do 2;30 
 
 At general court martial 231 
 
 Rights of , 232 
 
 Court Martial. 
 
 Prisoner's preparation f t)r defense 147 
 
 Interval before arraignment 148 
 
 Attendance of j^risoner's witnesses at 149 
 
 Trying two or more prisoners together 1 50 
 
 Notice of intention to be given 151 
 
 Prisoners may claim separate trial 152 
 
 Trial by civil court a Tar to trial by 153 
 
 Prisoners sentenced by, may be tried by civil court 154 
 
 Descriptions of 155 
 
 In Canada 156 
 
 General, by whom convened 157 
 
 " composition of 158, 175 
 
 *' on the[^trial]of an officer 159 
 
 " powers of 160 
 
 " rank of president.., , 161 
 
 " sentences by, in the caso of an officer 162, 163 
 
 ■** " in the case of a soldier 164 
 
 District, by whom convened 165 
 
 " composition of 166, 175 
 
 ** powers of 167 
 
 " rank of president 168 
 
 " when captain not available as 169 
 
 Regimental, b^ whom convened., 170 
 
/ 
 
 INDEX. 141 
 
 Court ULSirtiQl— Continued. Paragraph 
 
 Regimental, composition of 171 
 
 " powers of • 172 
 
 ** rank of president 173 
 
 Officers disqualified as members of 1 74 
 
 Field general, when assembled 17Q 
 
 '* by whom convened 177 
 
 " composition of 178 
 
 ^' president of 179 
 
 " officers disqualified as membei-s . . , 1 80 
 
 ** sentence of death by 181 
 
 ** other powers of , 182 
 
 Summary, when convened 183 
 
 " by whom convened , 184 
 
 ** composition of 185 
 
 " president of 186 
 
 ** powers of , 187 
 
 " officers disqualified from sitting on 188 
 
 First duty of members of 189 
 
 Course to be pursued if not satiisfied 190 
 
 If satisfied, their next duty 19J 
 
 If not satisfied respecting charges 192 
 
 " Hours of sitting 193 
 
 How members are seated 194 
 
 The duties of president 195 
 
 Uniform to be worn at 196 
 
 Is an open court 197 
 
 When the prisoner is brought before 198 
 
 Prisoner not to be handcuffed 199 
 
 When prosecutor and prisoners appear ....!•#•. 200 
 
 Who the prosecutor is 201 
 
 Procedure after prisoner is brought in , 203 
 
 Challenges by prisoner 204 
 
 Swearing members 205 
 
 Arraigning prisoner........ • :••••• 20§ 
 
 1^ 
 
 t 
 
142 INDEX. 
 
 Court Martial — Continued. Paragraph 
 
 The jiulj^e advocate general 200 
 
 The duties of 207 
 
 The judge advocate 208 
 
 ** " on what courts appointed 209 
 
 ** ** officers disqualified from acting as.. 210 
 
 ** ' " powers and duties of 211 
 
 ** " not required on field general court 
 
 martial 212 
 
 Officers not to be added after the arraignment 213 
 
 Absence of a member during part of trial 214 
 
 Witnesses not to remain in court 215 
 
 When witnesses withdraw 216 
 
 Courses open to prisoner 217 
 
 Objection to charge or jurisdiction 218 
 
 If objection is allowed 219 
 
 Examples of special pleas 220 
 
 Condonation, meaning of 221 
 
 Objections, disposal of -. 222 
 
 Duty of court wxien prisoner pleads guilty 223 
 
 Evidence taken on plea of " guilty " 224 
 
 Witnesses of prisoner who pleads guilty 225 
 
 Points in mitigation of punishment 226 
 
 Prisoner refusing to plead 227 
 
 Course of trial on plea of " not guilty" 228 
 
 Friend of prisoner, and counsel 229 
 
 • What he may do 230 
 
 Counsel at general court-martial 231 
 
 Rights of counsel 232 
 
 Attendance of witnesses 233 
 
 Witnesses, how sworn 234 
 
 " how examined 235 
 
 " how evidence of, taken down 236 
 
 " opportunity to correct evidence 237 
 
 " requisites for reception of evidence 238 
 
 *' ciyili£^n refusing to attend. ..,,,,,..,,.! 2159 
 
INDEX. 
 
 143 
 
 graph 
 206 
 207 
 208 
 209 
 210 
 211 
 
 212 
 213 
 214 
 215 
 216 
 217 
 218 
 219 
 220 
 221 
 222 
 223 
 224 
 225 
 226 
 227 
 228 
 229 
 230 
 231 
 232 
 233 
 234 
 235 
 236 
 237 
 238 
 
 m 
 
 Oourt TABrtiOl— Continued. Paragraph 
 
 rinding of court, how considered 240 
 
 " " how recorded 241 
 
 " " equality of votes on 242 
 
 " of acquittal not subject to revision 243 
 
 " of guilty, procedure on 244 
 
 " of lesser offence on charge of greater 245 
 
 Casting vote on sentence 246 
 
 Passii^g sentence 247 
 
 No precise rule for sentences 24^ 
 
 Rules in awarding imprisonment 24^ 
 
 Duty of president on awarding sentence 250 
 
 Sending i>roceedings for confirmation 251 
 
 To whom sent * 252 
 
 Lost proceedings 253 
 
 Province of confirming olticer 254 
 
 What he may do 255 
 
 Finding or sentence returned for revision , 256 
 
 When court do not adheie to decision 257 
 
 When sentence alone sent hack 258 
 
 How often finding or sentence may be sent back 259 
 
 Alteration of punishment by confirming officer 260 
 
 Mitigation of sentence after confirmation 261 
 
 Rules of evidence before 3(K) 
 
 Courts of Inquiry. 
 
 Other than those respecting illegal absence 268 
 
 Number and rank of members 269 
 
 The guide of, on proceedings 270 
 
 Those afl'ected by, to be ju-esent ,. . 271 
 
 No power to compel witnesses to attend 272 
 
 Evidence not to be taken on oath 273 
 
 Not to express opinion 274 
 
 Forwarding proceedings 275 
 
 How often court may be re-assembled 276 
 
 Respecting illegal absence of soldiers -277 
 
 1^^ 
 
 I'; 
 
 1) 
 
 if 
 
 r • 
 
 ■M 
 
 if 
 
144 if^DEX; 
 
 Courts of In<iuiry— Con^/wMCt/i ^a^ngra^h 
 
 May compel attendance of witnesses..;.; 277 
 
 Members not sworn 278 
 
 Evidence taken on oath 279 
 
 Proceedings of 280 
 
 Points on wliicli to be satisfied 281 
 
 Proceedings not preserved 282 
 
 Elfect of record in regimental books 283 
 
 Crime. 
 
 To be delivered at time of committal 91 
 
 Duty of commander of guard, if not delivered 92 
 
 Custody. SCO Military Custody. 
 
 D 
 Death, Sentence of 
 
 In the case of an officer 162 
 
 In the case of a soldier 164 
 
 By field general court martial 181 
 
 Decoration. Military, making away with 117 
 
 Deficiencies in arms, &c., what may be done 17 
 
 Desertion. 
 
 Wbctt constitutes, when called out for active service.... 21 
 " " actual service.... 58 
 
 Discharge with ignominy 181 
 
 Dismidsal 182 
 
 Disobedience of orders 24 
 
 District Court Martial, see court Martial. 
 
 Doubtful Case. Proper course to pursue in.. 140 
 
 DrilL 
 
 Interrupting or hindering rtt 23 
 
 Militia at, subject to Army Act 67 
 
. 277 
 . 278 
 . 279 
 . 280 
 . 281 
 . 282 
 . 283 
 
 . 91 
 . 92 
 
 162 
 164 
 181 
 
 117 
 
 17 
 
 21 
 
 58 
 
 181 
 
 182 
 
 24 
 
 140 
 
 23 
 67 
 
 INDEX. 145 
 
 Drunkenness. rnrngraph 
 
 SoMier not to he tried for one act of........ 141 
 
 Ag<,'ravatc'(l oU'ence of 142 
 
 Where four ))reviou8 canes of 143 
 
 Pnnisliment for simple 144 
 
 Where previous fines amount to $4.87 145 
 
 How juivate soldier is to be confined 89 
 
 Investigation by C. 117 
 
 ■ Fines for, by C. 118 
 
 Dying declarations 319 
 
 E 
 
 Embezzlement of public property, what constitutes 18 
 
 Equipment. Articles necessary on actual service 61 
 
 Exercise. Prisoners required to take ...., 95 
 
 Extra Guards or pickets 119 
 
 Evidence. 
 
 Of possession of public property, what is..i ^91 
 
 On charge of absence without leave 113 
 
 To be taken on jdea of " guilty " 224 
 
 " on plea of " not guilty " 22H 
 
 Howtaken down 230 
 
 Opportunity given to correct. 237 
 
 What is necessary for reception of 238 
 
 Meaning of 284 
 
 Competent 285 
 
 Satisfactory 286 
 
 Duty of court, as to admissibility of.. 287 
 
 Characteristics of witnesses 288 
 
 Of policemen 289 
 
 Skilled witnesses , 290 
 
 I t> 
 
146 
 
 INDEX. 
 
 Evidence — Continued. Paragraph 
 
 As to dates, etc 291 
 
 Presumptive 292 
 
 Presumptions of law 293 
 
 Classes of presumptions of law 294 
 
 Conclusive presumptions of law 295 
 
 Disputable presumptions of law 296 
 
 Presumptions of malice 297 
 
 Possession of stolen property 298 
 
 Rules of 299 
 
 " before court martial 300 
 
 Confining, to points in issue 301 
 
 When felonies are connected 302 
 
 As to general character 303 
 
 '* ** on a charge of particular crime 304 
 
 Burthen of proof 305 
 
 The best to be produced, 306 
 
 The object of tiiis rule 307 
 
 Primary and secondary 308 
 
 Substitution of oral for written 309 
 
 Exclusion of copies : 310 
 
 When secondary evidence admissible 311 
 
 Secondary evidence of testimony under oath 312 
 
 llciirsay 313 
 
 What the term "hearsay'' lenotes 314 
 
 Distinguishing between hearsay and original 315 
 
 Cases to which doctrine extends 316 
 
 When bodily or mental feelings are material 317 
 
 Where rule has been relaxed 318 
 
 Dying declarations 319 
 
 Confes-^ions of guilt, how to be received 320 
 
 Other reasons for distrusting confessions 321 
 
 Deliberate confessions clearly proved 322 
 
 Classes of confessions 323 
 
 Judicial confessions 324 
 
INDEX. 
 
 147 
 
 rapb 
 
 291 
 
 292 
 
 293 
 
 294 
 
 295 
 
 296 
 
 297 
 
 298 
 
 299 
 
 300 
 
 301 
 
 302 
 
 303 
 
 304 
 
 305 
 
 306 
 
 307 
 
 308 
 
 309 
 
 310 
 
 311 
 
 312 
 
 313 
 
 314 
 
 315 
 
 316 
 
 317 
 
 318 
 
 319 
 
 320 
 
 321 
 
 322 
 
 323 
 
 324 
 
 Evidence— Continued. Paragraph 
 
 Extra-judicial confossions 325 
 
 The whole of what prisoner said to be considered 326 
 
 Confession to be voluntarily made 327 
 
 What is necessary to exclude confession 328 
 
 Where no inducement is held out 329 
 
 When confession admissible , 330 
 
 What is necessary to render statutory confession valid . 331 
 
 Confessions of accomplices 332 
 
 What is excluded on grounds of public policy 333 
 
 Husband and wife, communications between 334 
 
 Profeasional communications 335 
 
 Judges, arbitrators, etc 336 
 
 Secrets of state 337 
 
 Indecent 338 
 
 Protection of witnesses 339 
 
 " against civil process 340 
 
 No protection against criminal process , 341 
 
 Who are incompetent as witnesses 342 
 
 Defendants in criminal courts 343 
 
 Husbands and wives 344 
 
 Witnesses in high treason cases 345 
 
 Idiots, lunatics, etc 346 
 
 Witnesses, how to be sworn 347 
 
 How to be given 348 
 
 Leading questions. ... 349 
 
 Hostile witness 350 
 
 Cross-examination 351 
 
 Re-exan'iination 352 
 
 Discretion of court as to enforcing rules 353 
 
 F 
 
 ^ailin^ to appear at place uf parade. ,......,. ,,,..., II7 
 
 {•: : 
 
 
 ii:i' 
 
 II 
 
 I 
 
148 
 
 INDEX. 
 
 Finding of Court. Paragraph 
 
 How to be considered ,...., , 240 
 
 How to be recorded , 241 
 
 On an equality of votes 242 
 
 Of acquittal, not subject to revision 243 
 
 Of guilty, procedure on 244 
 
 Of lesser offence on charge of greater 245 
 
 Sending back for revision 256 
 
 When court does not adhere to decision. , 257 
 
 How often maybe sent back 259 
 
 Fines. 
 
 By commanding officer 118 
 
 Award of, does not entail entry in defaulters' bock 146 
 
 First Offences . Duty of commanding officer 116 
 
 Forfeiture of seniority of rank, sentence of. , 162 
 
 Friend of prisoner 229 
 
 G 
 
 General Court Martial, see Court Martial. 
 
 Ck)od Order. Conduct subversive of 117 
 
 Guards of Honor. Militia may be called o iit f or 59 
 
 Guilty. 
 
 Duty of court on prisoner pleading 223 
 
 Evidence to be taken on plea of,,,, 224 
 
 Procedure on finding of , , 244 
 
 H 
 
 Husband and Wife. 
 
 Communications between 334 
 
 Testimony of, for or agcvin^t §c^c}i ot)ier . , . . r • • • r t 344 
 
INDEX. 
 
 149 
 
 118 
 146 
 
 116 
 
 162 
 
 220 
 
 117 
 
 59 
 
 Paragraph 
 
 Ill-treating a horse , 117 
 
 Imprisonment. 
 
 By commanding officer, 118-121 
 
 Exceeding seven days ,. ..,•. 121 
 
 Up to seven days must be in hours...,.,,,. ,...,.,.,., 12} 
 
 Of officer by general court martial 162 
 
 Ofsoldier '* " 164 
 
 « by district " 167 
 
 " byregimontal " 172 
 
 Rules to be observed in awarding 249 
 
 How to be carried out 265 
 
 Transfer to public prison 266 
 
 In public prison 267 
 
 Indecent Evidence. When excluded 338 
 
 Invasion or Insurrection. Who may call out militia 54 
 
 Investigation of Charges. 
 
 When to take place 107 
 
 Courses open to commanding officer 115 
 
 Charges which may be disposed o f by C. 117 
 
 M 
 
 li': 
 
 334 
 344 
 
 Judge Advocate General. 
 
 AVho is the 2()6 
 
 Duties of 207 
 
 Judge Advocate. 
 
 Who may be 208 
 
 On what courts appointed : 209 
 
 pfficers disqualified fromactiufj as.... , ..-•••! 2^0 
 
150 INDEX. ^ 
 
 Judge Advocate— Con<i?lMC(f. Paragraph 
 
 Powers and duties of 211 
 
 Not required on field general C. M 212 
 
 Sends proceedings for confirmation = ,... 251 
 
 Judges. Not compellable to testify 33G 
 
 L 
 
 Loss of Private Property on actual service 6ft 
 
 M 
 
 Martial Law. 
 
 Definition of 3 
 
 When it would be in force 4 
 
 Effect of proclamation of ,..,...., 5 
 
 Military Law. 
 
 Definition of ] 
 
 Necessity for, apart from civil law 2 
 
 Divisions of 6 
 
 Written 7 
 
 Unwiitten 8 
 
 Military Discipline. Conduct subversive of 117 
 
 Military Decoration. Making away with 117 
 
 Military Custody, seo also Arrest. 
 
 Definition of 72 
 
 Who may order ofl'enders into 73 
 
 " Crime " to be c* '-'vered at time of committal 91 
 
 Prisoners, when allowed bedding 94 
 
 *< re(juire4 to take exercise..,.,.. 9v1 
 
am .j»t»B c tj .-M -afc " .< 
 
 INDEX. 
 
 151 
 
 agraph 
 
 .. 211 
 
 . 212 
 
 .. 251 
 
 Military CuBtody— Continued. Paragraph 
 
 Prisoners, not to perform military duty 96 
 
 " if by error allowed to do so 97 
 
 ** not to bear arms 98 
 
 Who may release from 99 
 
 Soldiei's charged with minor offences, not prisoners 100 
 
 Prisoners not to be kept in irons , 101 
 
 Breaking arrest or confinement 102 
 
 Commander of guard to report person in 103 
 
 Prisoners, when disposed of 107 
 
 By whom to be examined 108 
 
 Prisoner remanded for further inquiry 128 
 
 Militia. 
 
 Period of service 9 
 
 " when called out for actual service 56 
 
 Retirement from 10 
 
 Requirements on joining 11 
 
 May be called out for guards of honor, etc 69 
 
 Men to be notified when called out for actual service... 61 
 
 Articles of equipment necessary 61 
 
 Clothing to be provided by men 61 
 
 Baggage not to be taken 62 
 
 Duty of C. O. at end of journey 63 
 
 " " when corps is relieved from duty 64 
 
 Loss of private property may be made good 65 
 
 To be subject to the Queen's regulations 66 
 
 And to the Army Act at certain times 67 
 
 Minor Ofifenoes. 
 
 Private soldiers not to be confined for 86 
 
 Soldiers charged with, not considered priaonei-s 100 
 
 Charges of, where entered 105 
 
 By whom investigated 109 
 
 Report, how disposed of 127 
 
 ?■ > 
 
152 
 
 INDEX. 
 
 N 
 
 Paragraph 
 
 Neglecting to obey order 117 
 
 Non-commissioned officers. 
 
 Rules for arrest of 85 
 
 Duty of, when confining a soldier 87 
 
 IJow to confine soldiers 88 
 
 Not to be subject to summary punishment 124 
 
 Notices and Orders. 
 
 Need not be in wiiting 31 
 
 By Adjutant General 32 
 
 By Commanding Officer 33 
 
 
 
 Oath of Allegiance on joining militia 11 
 
 Objecti) Disposal of, at court martial 222 
 
 Offences. Limitation of time for taking proceedings 20 
 
 Officers. 
 
 Neglecting or refusing to attend parade 22 
 
 Who may order arrest of 72 
 
 When junior may order senior into arrest 74 
 
 Both need not be of same corps 75 
 
 Duty of arresting officer 75 
 
 How put into arrest 70 
 
 In arrest, to be deprived of swords 76 
 
 " to be informed of nature of arrest 77 
 
 Not ordinarily placed in arrest without investigation. . 79 
 
 In arrest, regulations laid down for 81 
 
 " not to wear certain articles 82 
 
 Have no right to demand court martial 83 
 
 How released from arrest , 84 
 
 In arrest, not to perform military d uty 96 
 
85 
 
 87 
 
 88 
 
 124 
 
 31 
 32 
 33 
 
 22 
 72 
 74 
 75 
 
 75 
 76 
 76 
 
 77 
 79 
 81 
 82 
 83 
 84 
 96 
 
 INDEX. 153 
 
 OtELoers— Continued. Paragraph 
 
 Remedy of, who considers liimself wronged 129 
 
 Duty of, to whom complaint is made 131 
 
 Pisqiialified from sitting on ordinary CM 174 
 
 " " " Field General 181 
 
 " " " Summary 188 
 
 Not to be added to C. M. after arraignment of prisoner 213 
 Conse(iuences of being absent part of trial 214 
 
 Qrders and I^otices. see Noticep. 
 
 P 
 
 Parade. 
 
 Neglecting or refusing to attend ...,..,,., 22, 117 
 
 Militia at, subject to Army Act , 67 
 
 Pa33. Beyond limits, without.., ., .....,..„.,„, , 117 
 
 Particulars of Offence, 
 
 Definition of....,,.,, , ,., ,,,.,, 138 
 
 What it should state, ,...,... , 139 
 
 Pay. 
 
 Penal deductions from officers ,,.,..., 262 
 
 <* << soldiers.,..,, 263 
 
 Deductions from, to leave soldier a penny per day 264 
 
 Paymaster. Duties of, when corj^s called out ,..., 61 
 
 Penal Servitud3. 
 
 Sentence of, in case of an officer 162 
 
 " " soldier 164 
 
 Penalties. 
 
 Leaving Canada and failing to return public property.. 18 
 
 Neglecting or refusing to attend parade 22 
 
 Interrupting or liindering at drill 23 
 
 Disobedience of orders 24 
 
 I^eglecting to keep arms in order,, ,...,,., 2Q 
 
 .:ij^ 
 
154 
 
 INDEX. 
 
 Penalties — Continued. Paragraph 
 
 Unlawfully disposing of arms 26 
 
 Where no other provided , 27 
 
 How recoverable 28 
 
 Befusing to go out in aid of civil power 42 
 
 Bef using to turn out for actual service 58 
 
 Period of Liability to be proceeded against 20 
 
 Pleading. 
 
 « Guilty " 225 
 
 Befusing to plead 227 
 
 « Not guilty" 228 
 
 Policemen as witnesses 189 
 
 Possession of stolen property 198 
 
 Prisoners, see also Military Custody. 
 
 When disposed of 107 
 
 Preparation for defence before C. M, 147 
 
 Interval before arraignment , 148 
 
 Attendance of witnesses for , ,.., 149 
 
 Trying two or more together 150 
 
 Notice of intention to be given , 151 
 
 May claim separate trial ,.., 152 
 
 Tried by civil court cannot be tried by C. M 153 
 
 Tried by C. M. may be tried by civil court , 154 
 
 When brought before court martial 198 
 
 Not to be handcuffed 199 
 
 Challenges by 204 
 
 Objections by, to charges or court 218 
 
 Examples of special pleas by 220 
 
 When pleading guilty, what court is to ascertain 223 
 
 Evidence to be taken on plea of " guilty " 22 < 
 
 Witnesses as to character 225 
 
 Points in mitigation of punishment 226 
 
 Befusing to plead 227 
 
igrapk 
 
 . 26 
 
 . 27 
 
 ,. 28 
 
 .. 42 
 
 .. 58 
 
 .. 20 
 
 189 
 198 
 
 107 
 
 147 
 
 148 
 
 149 
 
 150 
 , 151 
 , 152 
 . 153 
 . 154 
 . 198 
 . 199 
 . 204 
 . 218 
 ,. 220 
 .. 223 
 .. 22 ' 
 .. 225 
 .. 226 
 227 
 
 INDEX. 155 
 
 TTisOnetB-^ Continued. Paragraph 
 
 Course of trial on plea of *' not guilty " *.. 228 
 
 Friend and counsel of 229 
 
 What he may do 230-232 
 
 Private Soldier. Seo also Military custody. 
 
 When to be confined 86, 87 
 
 Not to be confined for minor offences 86 
 
 lluw to be confined * 88 
 
 *' when drunk 89 
 
 When drunk to be deprived of boots 89 
 
 Period to elapse before bringing before CO.. 90 
 
 Authority necessary to release from confinement 99 
 
 Charged with minor ofi'ences not a prisoner. 100 
 
 Kemedy of, if wronged 130 
 
 Not to be tried by C. M. for simple drunkenness 141 
 
 Procedure of C. 0. on sending prisoner for trial by C. M 132 
 
 Professional communications privileged 335 
 
 Prohibited Place. Soldier found in 117 
 
 Prosecutor. 
 
 When to appear before C. M 200 
 
 Who is 201 
 
 Duties of, 202 
 
 " on plea of " not guilty " 228 
 
 Prosecutions. 
 
 By whom to be brought against officers. 'i ;.. 29 
 
 " " men 30 
 
 Punishment Drill... 120 
 
 How carried out i 122 
 
 President of Court Martial. 
 
 Rank of, on General 161 
 
 " District. ; ; 168 
 
 i 
 
156 INDEX. 
 
 President of Court J^artial—ConHmicit. Paragraph 
 
 Rank of, on Regimental 170 
 
 " Field General 179 
 
 " Summary IbO 
 
 Duties of 195 
 
 Casting vote on finding 241 
 
 " sentence 24G 
 
 Duty of, in awarding sentence 2oO 
 
 Q 
 
 Queen's Regulations. Militia to be subject to 60 
 
 R 
 
 Reduction to a lower grade or to the ranks 164 
 
 Refusing. 
 
 To deliver up arms 20 
 
 To turn out for actual service 58 
 
 Regimental Court Martial. See Court Martial. 
 
 Remedy. 
 
 Of officer who considers himself wronged i.... 129 
 
 Of soldier " ** 130 
 
 Report of Commander of Guard. 
 
 What to contain respecting prisoners lOd 
 
 The object of 104 
 
 Reprimand. By General Court Martial 162 
 
 Resisting an escort ....>...> Il7 
 
INDEX. 
 
 157 
 
 . 179 
 . IfcG 
 . 195 
 . 241 
 . 24G 
 . 2oO 
 
 164 
 
 20 
 
 58 
 
 129 
 130 
 
 lOd 
 1. 104 
 
 I. 162 
 
 111 
 
 S 
 
 Paragraph 
 
 Salutes. Militia hiay be called out to fire... 59 
 
 Secrets of State 337 
 
 Sentences, see also court Martial. 
 
 What is to be regarded on passing 247 
 
 No precise rule for 248 
 
 Sending back for revision 256 
 
 How often may be sent back 259 
 
 Alteration of, by confirming authority 260 
 
 Mitigation of, after con firhiation 261 
 
 Saparate Trial. When prisoners may claim 152 
 
 Service. Seo also Actual Service. 
 
 Period of. , 9 
 
 « 
 
 ** during actual servfce 56 
 
 Special Pleas. ' ; ' 
 
 Examples of ,. 220 
 
 Disposal of ,.... 222 
 
 Striking any person in charge of prisoner ...., 117 
 
 summary of Evidence. 
 
 What is the :.: 133 
 
 How prisoner may obtain copy of '.....'. 136 
 
 Summary Punishment. 
 
 By commanding officer i .i.i.. 118 
 
 Non-commissioned officers not subject to \> 124 
 
 9Vial. 
 
 T 
 
 ■t 
 
 Prisoner *3 preparation for.... 
 interval before arraigninent. 
 
 V W l*i« 
 
 147 
 
 148 
 
158 
 
 INDEX. 
 
 TriBil-^ Continued. Paragraph 
 
 Prisoner's witnesses *....... 149 
 
 Of two or more'prisoners 150 
 
 Notice of intention must be given 151 
 
 When prisoners may claim separate 152 
 
 By civil court a bar to trial by C. M 153 
 
 ByC. M. not a bar to trial by Civil Court 154 
 
 
 u 
 
 Unlawfully disposing of arms 20 
 
 Uniform to be worn at court martial 19G 
 
 w 
 
 Wilfully injuring the property of a comrade 117 
 
 Witnesses. 
 
 In case of absence without leave, when to be sworn. . . 113 
 Cross-examination of, on taking siunmary of evidence 134 
 
 For prisoner before court martial 149 
 
 When to appear before C. M 20() 
 
 Not to remain in court 215 
 
 When to withdraw 216 
 
 As to character t 225 
 
 Attendance of, how secured 233 
 
 How sworn , * 234 
 
 How examined *. * 235 
 
 How evidence is to be taken down 236 
 
 Opportunity given to correct evidence* 237 
 
 What is necessary for reception of evidence 238 
 
 Civilian refusing to attend 239 
 
 Characteristics of ; 288 
 
INDEX, 
 
 159 
 
 WiiXXeBaes—Conlinmd. ParjiKrapU 
 
 rolicemaii, t&c, as ?8P 
 
 Skillod 290 
 
 riotoctiou of 339 
 
 " against civil process 340 
 
 No protection for, against criminal ])roces8 341 
 
 I nconipetent 342 
 
 Criminal tlefemlants 343 
 
 Husbands and wives 344 
 
 In high treason 345 
 
 Idiots, lunatics, &c 34(5 
 
 How to be sworn 347 
 
 Examination of 348 
 
 Leading questions to 349 
 
 Hostile 350 
 
 Cross examination of 351 
 
 Ke-examination of 352 
 
 rf 
 
 m 
 
J 
 J 
 
 E 
 
/^v^ 
 
 JOHN MARTIN & CO, 
 
 ».»=\W • I." 
 
 457 ST. PAUl'stREEt'*^^ 
 
 m:onteii;^\.t^. 
 
 "w''^^'"V-''V^ x^"' 
 
 TMl'OUTEUS AND MANUKACTritKUS OV 
 
 Military Uniforms, Caps and Accoutrements, 
 
 Swords, Spurs and Saddlery, Cloths, 
 
 Laces, Braids, Badges, &c. 
 
 Police Helmets, Caps, Badges, Belts, Clubs and 
 
 Billets, Handcuffs and Nippers, Whistles, 
 
 Lanterns, <&c., &c. 
 
 Fire Brigade Helmets (Metal and Leather), Caps 
 and Badges, Belts, Buttons, &c., &c. 
 
 Band Uniforms, Busbif^"^, Helmets, Chakos, Caps, 
 
 Plumes and Badges, Epaulettes, Belts, 
 
 and Trimmings. 
 
 SPECIAL AGENCIES: 
 
 THOMAS TURNER, - - Military Rifles, 
 
 JOHN FLETCHER, - Verniers and Windgauges, 
 DOLAN & CO , ''Crescent" Bulls- Eye Lantern. 
 
iei ADVERTISkMEKTS. 
 
 THE CENTURT 
 
 FOR 1885-86. 
 
 ri^HE remarkable interest in the WAR PAPERS and in tlie many timely 
 JL articles and strong serial features published recently in The Centukv 
 has given that magazine a regular circulation of 
 
 MORE THAN 200,000 COPIES MONTHLY. 
 
 Among the features for the coming volume, which begins with the November 
 number, are : 
 
 THE WAR PAPERS, 
 BY GENERAL GRANT AND OTHERS. 
 
 These will be continued (most of them illustrated) until the chief events of the 
 Civil War have been described by leading participants on both sides. General 
 grant's papers include descriptions of the battles of Chattanooga and the Wilder- 
 ness. General McClellan will write of Antietam, General D. C. Buellof Shiloh, 
 Generals Pope, Longstreet and others of the Second Bull Run, etc., etc. Naval 
 combats, including the tight between the Kearaarge and the Alabama, by officers 
 of both ships, will be described. 
 
 The "Recollections of a Private " and special war papers of an anecdotal or 
 humorous character will be features of the year. 
 
 OTHER ATTRACTIONS 
 
 render The Cektitry as strong in the other fields open to a magazine as it is in 
 the subject of the Civil Wab. 
 
 There are Serial Novels ; short Stories ; illustrated Article'- 
 SKETCHES OF TRAVEL ; CRITIQUES ; TiMELY EssAYS on prominent questionb ; 
 and discussions of topics of political and social importance, together with Poems, 
 Verses, etc., etc. 
 
 THE ILLUSTRATIONS 
 Will be kept up to the standard which has made The Ckntury engravings 
 famous the world over. 
 
 PRICES. A SPECIAL OFFER. 
 
 Regular subscription price, $4.00 a year. To enable new readers to get all tlio 
 War Papers, with contributions from Generals Grant, Beauregard, McClellan, 
 J. E. Jchnston, Lew Wallace, Admiral Porter and others, we will send the 12 
 back numbers, November, 1884, to October, 1885, with a year's subscription begin- 
 ning with November, 1886,/or $6.Q0 for t?ie whole. A subscription, with tlie 12 
 numbers bound in two handsome volumes, $7.60 for the whole, iiack numbers 
 only supplied at these prices with subscriptions. 
 
 All dealers and postmastern take subscriptions and supply numbers according 
 to our special otfer, or remittance may be made directly to 
 
 The Century Company, 
 
 NEW YORK. 
 
AD VERTISEMENTS. 
 
 163 
 
 
 BOYAIi lytlLITARY COLLEGE OF CANADA, 
 
 KINGSTON, ONTARIO. 
 
 TBE ROYAL MILITARY COLLEGE is established.for the purpose of 
 imparting a complete educatioa in all branches of military tactics, 
 fortification, engineering, and general scientific knowledge in subjects 
 connected with, and necessary to, a thorough knowledge of the military 
 profession, and for qualifying officers for command and for Staff appoint- 
 ments. 
 
 {a) In addition, the course of instruction is such as to afford a thoroughly 
 practical, scientific, and sound training in all departments, which are 
 essential to a high and general modern education. 
 
 (6) The Civil Engineering Course is complete and thorough in all 
 branches. 
 
 (c) The Obligatory Course of Surveying is such as is required for the 
 profession of Dominion Land Surveyor ; the Voluntary Course of Survey- 
 ing, that which is required for Pominioa Topographical Surveyors. 
 
 Matriculation examination takes place in June each year. Candidates 
 must be over 15 and under 18 years of age on preceding Ist January. 
 
 Length of College course, four years. 
 
 Four Commissions in the Imperial Regular Army are awarded to 
 Graduates annually. 
 
 Board and instruction $100, for each term, consisting of ten months' 
 residence. 
 
 For particulars, apply to the Adjutant-General of Militia, Ottawa, before 
 Vie I5th May. 
 
 USL 
 
164 
 
 J D } 'Eli t/si:m/:n ts. 
 
 QDEEK's omiEBiiin m collee 
 
 Incorporated by Royal Charter 
 
 in 1841. 
 
 The Arts Course of tliis University leads to the degrees 
 of B.A., M.A., and D. Sc., and embraces 
 
 CLASSICAL LITTERATURE, 
 MATHEMATICS, PHYSICS, ASTRONOMY, 
 
 CHEMISTRY, ENGLISH, HISTORY, 
 
 MENTAL and MORAL PHILOSOPHY, 
 
 MODERN and ORIENTAL LANGUAGES, 
 
 POLITICAL ECONOMY and NATURAL SCIENCE. 
 
 Gold Medals are awarded on the Honor Examinations in 
 Classics, Mathematics, Philosophy, Chemistry, English and 
 History, and Political Economy. 
 
 The LAW COURSE leads to the Degree of LL.B 
 
 TheTHEOLOGICALCOURSE leadsto theDegree 
 of B.D. 
 
 The MEDICAL COURSE leads to the Degree of 
 M.D. and CM. 
 
 The Royal College of Physicians and Surgeons and the Women's 
 Medical College, Kingston, are aiHliated to the University. 
 
 Calendat'8 and Examination Papers maij he had from the Reyintrar. 
 
 REV. GEO. BELL, LL-D., 
 
 Kingston, Canai^a- 
 
AD VER TISEMEXTS. 
 
 ROYAL 
 
 165 
 
 KINGSTON, 
 
 ONT. 
 
 
 AFFILIATED TO 
 
 QUEEN'S UNIVERSITY, 
 
 I 
 
 mt 
 
 'M 
 
 Of 
 
 len's 
 
 
 lDA:/ 
 
 A Thorough Course in Medicine 
 
 and Surgery Leads to 
 
 Degree of M.D. 
 
 Practical and Clinical instruction is given in the 
 amphitheatre of the Kingston General Hospital, L'Hotel- 
 Dieu, the Asylum for the Insane, and the Provincial 
 Penitentiary. 
 
 Exceptional advantages are afforded for the study of 
 Practical Anatomy. 
 
 Further information and Calendar may be had from the 
 Registrar, 
 
 F. FOWLER, Jil.D., 
 
 KINGSTON, Ontario, 
 
 ■ i 
 
 J 
 
 J 
 
IX 
 
 AD VER TISEMENTS. 
 
 NORTH 1ST MOUNTED POLIGE. 
 
 OTTAWA, leth April, 1885. 
 
 Memorandum for the inform^ation of Appli- 
 cants for Engagement in the ^orth'West 
 Mounted Police Force^ . 
 
 1. No expenses, travelling or otherwise, of applicants 
 are paid from public funds until their engagement papers 
 are completed. 
 
 2. Applicants must be between the ages of Twenty-two 
 and Forty, active able-bodied men of thoroughly sound 
 constitution, and must produce certificates of exemplary 
 character. 
 
 3. They must be able to read and write either the 
 English or French language; must understand the care 
 and management of horses, and be able to ride well, 
 
 4. The term of engagement is five yeaysv 
 
 
AbV£RfiS£MENTS, 16 
 
 5. The rates of pay are as follows : — 
 
 Staff Sergeants $1.00 to $1.50 per day. 
 
 Other Non-Com'd. Officers 85c. to fl.OO 
 
 Service Good Con- 
 Constables. Pay. duct Pay. Total. 
 
 1st year's service 50c. — 50c. per day. 
 
 2nd " 50 5c 55 '' 
 
 3rd " 50 10 60 
 
 4th <V 50 15 65 
 
 5th « 50 20 70 
 
 Extra pay is allowed to a limited ninnher of blacksmiths, 
 Carpenters and other artizans. 
 
 6. The duties of the Force are often associated with 
 danger and fatigue, which tax severely the physical powers 
 in a region where luxuries, or even the necessary comforts 
 of life, must be dispensed with. 
 
 7. Members of the Force are supplied with free rations, 
 a free kit on joining, and periodical issues during the terra 
 of service. 
 
 8. Married men will not be engaged. 
 
 9. The minimum height is 5 feet 6 inches, the minimum 
 chest measurement 35 inches, and the maximum weight 
 175 pounds. 
 
108 
 
 AD VERTtSEMENtS. 
 
 REGULATIONS 
 
 FOR THB 
 
 SCHOOLS OF MILITARY INSTRtTCTlON 
 
 FOR THE 
 OP THB 
 
 DOMINION OF CANADA, 
 1885. 
 
 521. Schools of Military Instruction are established in connection with 
 corfis enlisted for continuous service, for the purpose of affording officers, 
 non-commissioned officers and men of the Active Militia, opportunitio'^ of 
 joining for courses of study and training, and to enable them to obtain 
 cc-rtiticates of qualilication. The Troop of Cavalry, Hatteries of Artillery 
 and Companies of Infantry embodied for continuous service will each form 
 a School of Mdiiary Instruction, 
 
 Schools. 
 
 522. The instructional year for these Schools is divided into three 
 ^' Short Courses " of three months each, commencing on 1st January, 
 April and September. 
 
 Officers desirinp to join for a special course may be permitted to do so at 
 any time when there are vacancies. 
 
 523. The School for Cavalry is at Quebec. 
 
 The Schools for Artillery are at Kingston, Out,, and Quebec. 
 
 The Schools for Infantry are at Toronto, Ont., St. Johns, Que., Fre- 
 ilericton, N,B., aud Winnipeg, Man. 
 
 524. Unless otherwise directed, individuals desiring instruction will be 
 required to join the School for the branch of the service to which they 
 belong nearest to the Head Quarters of their corps. 
 
 525. Officers, non-commissioned officers and men of the Engineers will, 
 for the present, be attached to the School of Artillery at Kingston, and be 
 included with those receiving instruction at the Royal Military College. 
 
 (2) The attached officers will rank among themselves according to their 
 Militia rank and the dates of their oommissions ; but on all duties con- 
 nected with the Schools they will, whatever rank they may hold, be con- 
 sidered as junior to the permanent officers of the corps composing the 
 Schools. 
 
ADVEIi TISEMEXTS. 
 
 169 
 
 Courses of instruction. 
 
 531. Ten officers and twenty non-comraisaioned officers or men (pre- 
 viously recommended) are authorized to join each Cavalry, Artillery and 
 Infantry School for a ''Short Course" of instruction, to last three months ; 
 on the termination of which the Commandant of the School may select 
 from these officers and non-commissioned officers one or more of the most 
 efficient, and recommend their being retained for a "Long Course," but in 
 no case is the establishment to be exceeded. 
 
 (5) Each person attached for instruction will receive a free issue of one 
 coi)y each of the Regulations for the School, and of the Standing Orders 
 of the corps forming the School to which he is attached. All other books, 
 and the paper and stationery required for instructional purposes, must be 
 procured at the expense of the person requiring such for his use. The 
 books of authorized editions and the paper of uniform description to be as 
 directed by the Commandant of the School. 
 
 m 
 
 at 
 
 t 
 
 n- 
 
 Messing/ 
 
 532. The officers and non-commissioned officers attached for instruction, 
 those referred to in 531 (2) excepted, will be members of the established 
 regimental messes. 
 
 (2) Each officer who becomes a member of the established Regimental 
 Mess of the School to which he is attached for a course of instruction will 
 be required to contribute a sum not exceeding $4 monthly, in advance, to 
 cover entrance fee, subscriptions, band and newspapers, $'2.50 monthly in 
 the Schools of Cavalry and Artillery, and $1.00 monthly in the Schools 
 of Infantry, for servant — and in addition the current charge for messing, 
 which at present varies from 50 to 665 cents per diem, according to locality 
 and the arrangements made by mess committees. 
 
 Officers Joining. 
 
 633. Officers who desire to join for a course of instruction are required to 
 forward their applications through the ordinary channel of communication 
 to the Deputy Adjutant-General of the district in which they reside, who 
 will refer it to the Commandant of the School for report as to when there 
 will be a vacancy, and for transmission to the Adjutant-General. If their 
 admission is authorized, their names will be communicated to tlie Com- 
 mandant of the School and to the Deputy Adjutant-General of the Military 
 District. The Commandant will notify the applicants of such approval, 
 and of the date they are to join for the required course of instruction. No 
 officer is to proceed to join a School of ^Military Instruction until he has 
 received such notification. 
 
 (2) If any individual applies to join a School of an arm of the service 
 other than his own, or to join a School of his arm other than the one 
 nearest to the Head Quarters of his corps, such application, with expla- 
 nations relating thereto, are to be forwarded by the Deputy Adjutaut- 
 penerftl of the Plstrict direct to the Adjutant-General, 
 
170 
 
 , i 
 
 AD VERTISEMENTS. 
 
 N.-C. OITIoers and men Joining. 
 
 534. Officers commanding corps of active militia will make application 
 to the Commandant at least a fortnight before the commencement of each 
 short course, stating the number ofN.-G. officers and men of their corps 
 wishing to join. Upon receiving a notification from the Commandant of 
 the number of vacancies which can be allotted to their corps, the officer 
 commanding the corps will apply to the Commandant of the School for 
 transport for the required number. Those authorized will join on the 1st 
 or 2nd of the month specified, so as begin the course at its commencement. 
 
 535. Officers commanding corps are requested to exercise care and 
 judgment in the selection and recommendation of the non-commissioned 
 officers and men they are desirous of sending fur a course of instruction ; 
 they should in all cases be able to read and write fairly. Persons who 
 cannot do so, do not possess the requisite qualification for non-commis- 
 sioned officers, and should not therefore be sent for instruction. 
 
 (3) If any N. C. officer or man who is physically unfit for service, or 
 who cannot read and write fairly, is sent to a School at tbe public expense, 
 he will not be admitted for instruction, but shall be returned to his corps^ 
 and the commanding officer thereof will be required to make good the 
 expenses incurred. 
 
 536. Commanding officers are not to appoint members of their corps, 
 about to join a School, non-commissioned officers merely to give them rank. 
 They should see that all persons sent to the School are provided with pro- 
 per uniform. 
 
 Certificates of Captains and Surgeons. 
 
 537. Each non-commissioned officer or man proceeding to join a School 
 must be provided with a certificate (on printed form) from the Captain of 
 his corps, of residence and of his having taken the oath of allegiance to 
 the Sovereign. Also, on same form, a Surgeon's certificate of required 
 standard, state of health and fitness for service. These certificates are to be 
 produced on joining a School to the officer in command. 
 
 540. The printed form of certificate (No. 350) will be supplied hj Deputy 
 Adjutants-General of Military Districts and by Commandants ot Schools. 
 
 Transport expenses. 
 
 541. Officers authorized to join a School will be entitled to requisitions 
 for First Class Fares. The requisitions, when for transport by railway, 
 must be exchanged for a ticket at the Railway Station, prior to entering 
 the car. 
 
 (2) It is to be understood that officers authorized to join a School for a, 
 few days, for the purpose of passing the examination only, required for 
 " Special " Course, will not be entitled to Transport Expenses unles% 
 successful in passing the examination, 
 
A D VK n TISEAfEN TS. 
 
 171 
 
 
 !)42. Non-cotttmiMioned officers and men proceeding from their Troop, 
 Ratiery or Company Head Quarters to join or returning thereto after com- 
 pleting their course of instruction in the School, will be entitled to ''Trans- 
 port Kequisitions " for ISecond Class fares by Railroad or Steamboat. 
 
 548. When proceeding to or returning from the School, the requisitions 
 will be issued by the Commandant of the School. Ofiicera issuing a requi- 
 sition to uon-coramissioned officers and men, are to state on the face there- 
 of that the passages required are for " Second Class," and that it must be 
 exchanged for a regular ticket at the Railway Station prior to entering the 
 cars. 
 
 Pay, rations and allowances. 
 
 545. Commissioned officers attached for a 3 months 
 
 (Short Course) instruction $1.00perdiem 
 
 Non-commissioned officers and men attached for a 3 
 
 months (Short Course) instruction 0.50 perdiem. 
 
 Trumpeters or Buglers under 18 years of age, attached for a (Short) 
 Course of instruction, 30 cents perdiem. 
 
 546. Officers and non-commissioned officers attached for a " Long 
 Course " will be paid at the same rates as those attached for a " Short 
 Course." In either case, pay is only to be drawn for the days the person is 
 actually present at the School. 
 
 (2) Each special course officer who obtains a certificate of qualification 
 after 7 days' residence at a School, will receive pay at the rate of one dollar 
 per diem for the days actually present thereat. 
 
 547. Rations, barrack accommodation, and allowances of fuel and light 
 will be in the same proportions as detailed for officers, N. C. officers and 
 men belonging to the Permanent Corps. 
 
 Unifornn. 
 
 548. The officers of the Schools of iMilitary Instruction and those attached 
 for instruction, are at all times to appear in uniform in ImrpHcks or camp, or 
 in the streets of the city or town near which they are quartered. The 
 exception being when plain clothes are worn for boating, athletic exercises, 
 walks, rides or drives in the country, or evening entertainments of a pri- 
 vate or unofficial character. 
 
 549. Officers joining for a short course will be required to provide tliera- 
 selves with the following articles of uniform, viz : Tunic, patrol jacket, 
 undress trousers, undress belts, sword and knot, f'.irage cap and gloves. 
 Pantaloons and high boots, with S|>urs for mounted duties. Additional for 
 winter months : great coat, fur cap and gloves, winter boots. 
 
 (2.) Officers must, when proceeding to the School, be provided with 
 these articles of uniform clothing. 
 
 (3.) Commandants will see that this regulation is strictly carried out in 
 their several Schools. 
 
 i 
 
172 
 
 Ab VERTtSEMENTS. 
 
 \ 
 
 
 (4.) Officers Who join for seven days only, for the purpose of obtaining a 
 Special Cour8(i ccMtiKcJiie, may, if unprovided witii a tiiU dress tunic, be 
 permitted lu wear undruds uniVurm during the period of such attendance. 
 
 550. The use^ of mess jacket, and waiscoat, and full dress trousers for 
 wearing at mess, is left optional for otiicers attending for a Short Uourse. 
 
 551. Non-commissioned officers and men joining for a Short Course must 
 take with them the tunic, trousers and forage cap issued to them in the 
 corps to which they belong. Upon joining the School they will only be 
 provided free of charge with a serge jacket and a pair of serge trousers. 
 Great coats will be issued at the school for wear during course of instruc- 
 tion, also fur caps during winter course. 
 
 Certificates. 
 
 552. The standard of military education and competency for which 
 certificates are granted will be the same m all Schools of the'same arm of 
 the service. 
 
 553. The certificates to be issued will be " Long," " Short " and 
 " Si»eciHl " Course. '\ he •* Long " and " Short " Course will be each of 
 two " Grades : " *' A " for othcers, and " B " for non-commissioned otiicers 
 and men ; and each grade will be of two " Classes :" 1st and 2nd. The 
 ** Special " Course will be restricted to officers, and will be divided into 
 two " Classes : " 1st and 2nd. 
 
 (2.) To obtain a " Long Course " certificate of either grade, the 
 candidate will be required to be in possession of a Short Course certificate 
 obtained after three months' attendance at a permanent Military School, 
 and to pai^s such a further examinatiun as may be considered necessary, in 
 subjects detailed in paragraph 556. 
 
 (3.) To obtain a " Short Course " certificate of either grade, the 
 candidate will be required to pass the necessary examination atter atten- 
 dance of not less than three months ai a permanent School of Military 
 Instruction, or by passing the prescribe i examination only, after having 
 served in actual command of his corps for not less than five years. 
 
 (4.) 1st Class Grade " A " Short Course certificates must be held by all 
 Fluid oHieers and adjutants in the Cavalry, Artillery, Engineers, and by 
 Adjutants of Infantry who do not now hold 1st Class'certihcates ; and 2iid 
 Class, Short Course, Grade " A" or Special Course certihcates, by all 
 officers permanently appointed, with the exception that the possession of 
 a 1st Class "Short Course" grade "B" certificate will qualify the 
 holder for the rank of Lieutenant. 
 
 555. " Long Course " certificates, except under very exceptional cir- 
 cumstances, will be required to be held by all officers, and by non- 
 commissioned officers of Artillery and Engineers, recommended for Staff 
 employment, and must be obtained by all subaltern officers appointed to 
 permanent corps before such appointments are confirmed. 
 
 561. " Special Course " certificates will ba obtainable by officers only 
 after passing the required examination for Short Course Certificate after 
 not less than seven days' residence at one of the Permanent Schools of 
 Military Instruction. Until further orders, these certiflcatea will be 
 considered as sufficient, qualification for Field rank in the Infantry, and for 
 the rank of Captain in 'the other branches of the Service. 
 
AbVEIiTtSEMEXTS. 173 
 
 Recruits. 
 
 In/oniHi lion for those who desire to Hnhiil/or thukk yeara in Permanent 
 
 Corps- 
 
 Enlistment. 
 
 Applicants for enlistment uimt be bona fuh' British subjects of good 
 cliHracier, unmarried, between the a^es of IH and 4'), in ^ood health, not 
 less than 5 feet G inches in height for Artillery, — 5 feet inches for otlier 
 arms — and 34 inches round the chest. 
 
 They will he re(|uired to enlist for three years, and pass a medical 
 
 examination before attestation. 
 
 _, —, , . r 8iy. 
 
 Staff Sergeants $1 no per day 
 
 Sergeants O.so *' 
 
 Corporals 0.70 " 
 
 Bombardiers 0.50 " 
 
 Buglers (under 18 years of age, 30c.) 0.40 " 
 
 Gunners 0.40 " 
 
 In addition Free Rations. 
 
 1 lb. bread, 1 lb. moat, 1 lb. potatoes, 2 o/.s. cheese, 1 oz. pot barh'y, 
 J oz. coffee, j oz. tea, 2 ozs. sugar, 4 oz. salt -'- oz. pepi)er; also fuel, light, 
 barrack accommodation and medical attendance. 
 
 Good conduct pay tVn' Troopers, Boml)ardiers and Gunners, Lnnco 
 Corporals and Privates, at rate of 2 cents per day for tirst year's service, 
 3 cents per day for second, and 4 cents per day for third, to bo paid at 
 termination of engagement ; and on re-engagement for tluee years, 5, G 
 and 7 cents per days for each successive year. 
 
 Free Kit on joining. 
 
 1 Cloth Tunic. 1 Winter Vnxy,. 2 Tair Boots. 
 
 I Serge " 1 Pair Cloth Trousers. I " Mitts. 
 
 1 Forage Cap. 1 •' Serge " 1 .Mufller. 
 
 And tbereaf'ter a similar issue annually, winter cap, mitts and mufTler 
 excepted, with >)adges, etc., according to rank. 
 
 An annual allowance, after lirst year's service, of >;3 will be granted to 
 each soldier to enable him to keep up his winter kit, including boots. 
 
 Also issue of regimental necessaries free on joining. 
 
 To be kept in serviceable order at the soldier's ex[)cusc during tjis whole 
 period of service, viz : 
 2 Grey Shirts. 1 Pair Shoe Brushes. 1 Razor and Case. 2 Pair Socks. 
 
 1 Cotton Shirt. 1 Shaving Brush. 1 Comb. 2 Pair Drawers. 
 
 2 Knitted Shirts. 1 Hold-all. 2 Towels. 1 Pair Braces. 
 
 1 Cloth Brush. 1 Fork and Knife. 1 Button Stick. 1 Box Blacking.' 
 
 1 Button Brush 1 Spoon. 1 Sponge. 
 
 Application to be made to the respective Commandants of the Schools 
 ©f Instruction by persons desiring to enlist, as follows : — 
 School of Cavalrv, at Quebec. 
 Royal School of Artillery, (" B " Battery), at Quebec. 
 
 do (" A " do ), at Kingston, Ont. 
 
 School of lulantry ("A" Company), at Fredericton, N- B. 
 
 do (" h " do ), at St. Johns, Que. 
 
 do (" ^ " do >, at Toronto, Ont. 
 
 School of Mounted Infantry at Winnipeg, .Man. 
 
174 
 
 AD rEiirisEMEi^'Ps. 
 
 !W 
 
 MILITIA LAND GRANTS AND SCRIP. 
 
 
 |» 
 
 48-49 VICTORIA. 
 Chap. 73. 
 
 An Act to autliorize grants of land to members of the Militia Force lately 
 en active service in the North-West. 
 
 Assented to 20th July, 1885. 
 
 "VCTHEREAS, it is right to recognize the services of the members of the. 
 VV enrolled militia force actively engaged in suppressing the late half- 
 breed and Indian outbreak in the North- West, by giving to each, in addition 
 to the pay and allowances to which he is entitled under the Militia Act, a 
 grant of land ; and it is expedient that the grant should be made in such 
 form as will be conducive to the actual settlement of the public lands of 
 Canada : Therefore Her Majesty, by and with the advice and consent of the 
 Senate and House of Commons of Canada, enacts as follows :— 
 
 1. The Governor General in Council is hereby authorized to grant to 
 each member of the enrolled militia force actively engaged and bearing 
 arms in the suppression of the Indian and half-breed outbreak, and serving 
 west of Port Arthur, since the twenty-fifth day of March now last, including 
 officers, non-commissioned officers and men, a free homestead of two adjoin- 
 ing quarter sections (comprising an area of three hundred and twenty 
 acres in all) of any even-numbered section of unoccupied and unclaimed 
 Dominion lands in Manitoba or the North-West Territories open for home- 
 stead and pre-emption entry, subject to the condition that the grantee, or his 
 duly constituted substitate, shall have selected and entered the said two 
 quarter sections in the Dominion Land Office for the land district in which 
 they may be situated, on or before the first day of August, eighteen hundred 
 and eighty-six : 
 
 Provided that the said grantee, or his substitute, as the case may be, 
 shall perfect the entry made as aforesaid, by commencing actually to reside 
 upon and cultivate the laud within six months from and after the first 
 day of August, eighteen hundred and eighty-six, and shall thereafter con- 
 tinue to reside upon and cultivate the said land for the period and in ac- 
 cordance with the terms and conditions prescribed by the homestead pro- 
 visions of " The Dominion Lands Act, 1883 : " Provided also, that no 
 substitute to be selected by a grantee shall be a person who is not eligible 
 under the provisions of the said Act to obtain entry for a homestead : And 
 provided further, that in caae a substitute be selected' by a grantee, as here in- 
 
AD VER TISEMENTS. 
 
 176 
 
 ))ofore provided, the land shall be entered in the name of the substitute, and 
 upon compliance with the conditions in that behalf prescribed by the home- 
 stead provisions of the said Act. the patent for the two quarter sections 
 shall be issued in the name of the said substitute. 
 
 3. Any person entitled under the foregoing provisions to select and 
 enter, either by himself or by his substitute, three hundred and twenty 
 acres of land as a homestead, m the manner and subject to the terms and 
 conditions hereinbefore prescribed, may, in lieu thereof, if he so chooses, 
 receive scrip for eighty dollars, which shall be accepted in payment of any 
 Dominion lands open for sale, or in payment of pre-emptions, or of rents of 
 Dominion lands leased for grazing or hay-outting purposes ; but any person 
 choosing to take scrip, as herein provided, must notify the Minister of 
 the Interior of his choice on or before the first day of August, eighteen hu4- 
 dred and eighty-six. 
 
 3. All grants of land or scrip, as the case maybe, issued in accordance 
 with the foregoing provisions, shall be made by tiie Minister of the Interior, 
 upon a warrant in favor ot the person entitled thereto issued by the Minister 
 of Militia and Defence, which shall be recorded in the Department of the 
 Interior, under clause twenty-ono of ** The Dominion Lands Act, 1883;" 
 and all scrip issued under the second section of this Act shall be subject 
 in all respects to the provisions of the said clause twenty -one, and also of 
 clause twenty-two of the said Act. 
 
 4. The entries to be made and the patents to be issued under this Act 
 shall not be subject to the dues and charges exacted ija the case of ordinary 
 homestead entries. 
 
 The Jollomna sections and subsections of the " Dominion Lands Act, 1883," 
 as amenaed by 47 Vic, cap. 25 (1884). are those which should be read in 
 connection with the Act to authorize grants of land to members of the 
 Militia Force lately on active service in the North' West. 
 
 be, 
 !Side 
 first 
 :un- 
 ac- 
 ro- 
 no 
 ble 
 nd 
 in- 
 
 HOMESTEAD RIGHTS. 
 
 27. Any person, male or female, who is the sole head of a family, or any 
 male who has attained the age of eighteen years, shall, on making appli- 
 cation in the form A in the schedule to this Act, be entitled to obtain home- , 
 stead entry for an- quantity of land not exceeding one quarter-section, 
 and being of the class of land open, under the provisions of this Act, to 
 homestead entry ; 
 
 (2.) Such person shall also, in connection with such homestead entry, be 
 entitled to the privilege of obtaining at the same time, but not at a later 
 date, a pre-emption entry for an adjoining unoccupied quarter-section or 
 part of a quarter-section of land of the said class ; 
 
 (3.) The entry for a homestead and for its attached pre-emption, if any, 
 shall entitle the recipient to take, occupy and cultivate the land entered 
 
 r.u-, 
 
176 
 
 A I) \ 'Ell Tl SEMEN TS. 
 
 \ 
 
 for, and. hold possession of the same to the exclusion of any other person 
 or persons whomsoever, and to bring and niainlain actions for trespass 
 committed on tlie said land ; the title to the land shall remain in the 
 (^rown until the issue of tlie patent therefor, and the said land shall not be 
 liable to be taken in execution before the issue of i)ateut ; 
 
 (4.) The privilegfe of homestead and pre-emption entry shall only ajiply 
 to surveyed agricultural lauds; no j)erson shall be entitled to such entry 
 for land valuable for its timber, or for hay land, or lor land on which there 
 IS a stone or marble (juarry, or coal or other mineral iiaviug commercial 
 value, or whereon there is any water power wii'ch may serve to drive 
 macliinery, or for land which, by reason of its position, such as being the 
 shore of an important harbor, bridge site or canal site, or being either an 
 actual or prospective railway te.niinus or station, it will be in the public 
 interest to withhold from such entry. 
 
 31^ Any person who has obtained homestead entry shall be allowed a 
 period of six months from its dale within which to perfect the entry by 
 taking, in his own person, possession of the land and beginning continuous 
 lesidence thereon aiKl cultivation thereof; and if the entry be not perfected 
 within that i)eiiod, it sliall be void, and the land shall be open to entry by 
 another )>ersun, or to other disposition under this Act, by the Minister of 
 the Interior. 
 
 33. At the expiration of tin l'C years from the date of his perfecting his 
 homestead entry, the settler, or, in case ot his death, his legal represent- 
 atives, upon proving to the satisfaction of the local agent, that he, or they, 
 or some of tliem, have resided u|>on and cultivated the land during the said 
 term of three years, shall be entitled to a ])atent for the laml, provided 
 such proof is accepted l)y the (Commissioner of Dominion Lands, or the 
 Land Board : Provided also, that the patent therefor shall not issue to any 
 l»erson not then a subject of Jler Mnjesty by birth or naturalization ; 
 
 (4.) Proof of the residence, ereclion of a habitiible house and cultivation 
 required by this clause, shall be made by the claimant by affidavit, and 
 shall be corroborated by the evidence on oath of two disinterested wit- 
 nesses, resident in the vicinity of the land affected by their evidence, and 
 accej)ted as sufficient by the Commissioner of Dttminioa Lands or the Land 
 Board ; such affidavit shall be sworn and such testimony given before the 
 local agent or some other person named tor that puri)ose by the Minister 
 of the Interior; 
 
 (6.) In addition to tlie cases hereinbefore mentioned, any person claiming 
 a patent for a homestead or for a homestead and pre-emption, shall be 
 entitled thereto nrion proving that he has erected upon bis homestead a 
 habitable house and has A«//</y/V/t' resided therein for not less than three 
 months next prior to the date of his application for his patent ; that for tliw 
 period between the time within which, by clause thirty-one of this Act, it 
 IS provided that a homesteader shall perfect his entry, and the commence- 
 nuMit of his Siiid three months' residiuice ui>on his luunestead, he has been 
 Ouiii} Jidc resident within a radius of two miles from his homestead qiuu-tei> 
 
 

 be 
 1 a 
 rec 
 ,h« 
 
 it 
 .•e- 
 
 Icn 
 
 JD VEIlTlSEMENrS. 
 
 177 
 
 the 
 ster 
 
 section ; that within the first year after the date of his homestoad entry he 
 had broken and prepared for op not less than ten acres of his homestead 
 quarter-section ; that witliin the second year he had cropped the said ten 
 acres and broken and prepared for crop not less than fifteen acres addi- 
 tional — making not less than twenty-five acres ; and that within the third 
 year after the date of his homestead entry, he had cropped the said twenty- 
 five acres and broken and i)repared for crop not less than fifteen acres 
 additional, making in all not less than twenty-five acres of the said home- 
 stead cropped, and fifteen acres additional thereof broken and prepared for 
 crop, within three years of the date of per/ecting his homestead entry ; and 
 the residence described in this sub-clause shall be sufficiently fulhllei if 
 the applicant has not been absent from his residence for more than six 
 months in any one year. 
 
 34. In ca?e it is proved to the satisfaction of vhe Minister of the Interior 
 thai a settler h is not resided upon and cultivated his homestead, except 
 as herein provided for, at least six months in any one year, the right to the 
 land shall be forfeitodj and the entry therefor shall be cancelled ; and the 
 settler ^J forfeiting his entry shall not be eligible to obtain another entry 
 except in special cases in the discretion of the Minister of the Interior ; 
 
 (2.) Provided, that in cases of illness, vouclied for by sufficient evidence, 
 or I 'I the cases of immigrants requiring to return to their native land to 
 'jri'if out their families to their homesteads, or in other special cases, the 
 Miuicier of the Interior may, in his discretion, grant an extension of time, 
 during which a settler may be absent from liis homestead, without preju- 
 dice to his right therein ; but the time so granted shall not count as resi- 
 dence. 
 
 36. Any assignment or transfer of homestead or pre-emption right or 
 any part thereof, and any agreement to assign or transfer any homestead or 
 pre-emption right or a»iy part thereof after patent, which shall have been 
 obtained, made or entered into before the issue of the patent, shall be null 
 and void ; and the person so assigning or transferring or making an agree- 
 ment to assign or transfer, shall forfeit his homestead and pre-emption 
 right, and shall not be permitted to make another homestead entry : Pro- 
 vided, tliat a person whose homestead or homestead and pre-emption may 
 have been recommended for patent by the local agent, and who has received 
 from such agent a certificate to that effect in the form M, in the schedule to 
 this Act, counteisigned by the Commissioner of Dominion Lands, may 
 legally dispose of and convey, assign or transfer his right and title therein. 
 
 11 
 
♦r» 
 
 3'i 
 
 li 
 
 -n 
 
 178 
 
 AD VER Ti SEME NTS. 
 
 THE 
 
 CANADIAN PACIFIC RAILWAY 
 
 IS THE MOST DIRECT LINE 
 
 BETWEEN 
 
 Quebec, Montreal, Ottawa, Toronto 
 
 AND 
 
 POINTS in the UPPER OTTAWA Valley, 
 
 and makes close connections at St. Thomas for 
 DETROIT, CHICAGO and the ^A^EST. 
 
 Elegant Parlor, Sleeping and Dining Cars 
 
 ATTACHED TO ALL TRAINS. 
 
 TICKET OFFICES iSlvERY TOWN AND CITY. 
 
 OTTAWA, 
 
 42 Sparks Street. 
 
 \%¥ 
 
 TORONTO, 
 
 110 King Street W., 
 
 56 Yonge Street, 
 
 21 York Street. 
 MONTREAL, QUEBEC, 
 
 266 St. James Street 4 Ou Fort Street. 
 
 and Vlfiiidsor Hotel, 
 
 V/tiere infcrfnation. Time Bills, Tickets, &c., &c., can be obtained, 
 W. C. VAN HORNE, GEOB^E OLDS, 
 
 Vice-President. Genc4:al Traffic Manager. 
 J. R. PRUYN, D. McNICOLL, 
 
 Asst. Gten'l. Pass'gr. Agent. General Pass'gr. Agent. 
 
 JiEAD OFFICES, - - MONTREAL. , 
 
ADVEliTISEMENTS. 
 
 Sov Imperil and dTomfort dTombmrlt ! 
 
 179 
 
 ]l\^n §mHUin§ §a§l cr ^f|l 
 
 Purchase your TICKETS via the 
 
 Caiiiai Pacilii; Railiai 
 
 THE 
 
 GRAND NATIONAL HIGHWAY 
 
 BETWEEN 
 
 )r. 
 
 It. 
 
 ft 
 
 THE ATLANTIC AND PACIFIC, 
 
 AND THE ONLY DIRECT LINE TO 
 
 Winnipeg and Points in Manitoba 
 
 AND 
 
 THE GREAT NORTH-WEST. 
 
180 
 
 A D VEll TISEME S TS. 
 
 i 
 
 
 1 '; 
 
 If ' 
 
 I 
 
 1)1 - 
 
 I' 
 
 \} 
 
 DEPARTMENT OF INDIAN AFFAIRS. 
 
 INDIAN LANDS. 
 
 Lands in tlie Umlermentioned Localities are Offered 
 
 FOR SALE 
 
 To Actual Skttlers Through the Following Local Ixdian Agents :— 
 
 • ON THE GREAT MANITOULIN ISLAND, 
 
 LAKE HURON, ONTARIO. 
 
 Mh. J. C. PHIPPS. of Manitowaninpr, is the agent for sale of lands in the 
 following Townships on this Ishind ; — Assiginack, Bidwell, Rowland, 
 
 SHK(iUIANI)AII, BlM-lNti8, C A.MIMUCLL, CAItNAHVON, AlLAN, TkHKLMMAH, and 
 
 JSandkiei/d, and in tlie Towui)lots of SnEtiUiANDAH, MAiXnoWAMNG and 
 ynAFTK.SBURY (commonly called Littlk (Juurent). 
 
 Mr. CHAS. B. savage, of Gore Bay, is the agent for the sale of lands 
 in the Townships of Gouuon, Mills, Buiu'ee, and Baruie Island and Town- 
 plot of GoHE Bay. 
 
 Mr. B. W. ROSS, of Cockbnrn Island, is agent for lands on that island 
 Rs well as tor those in the Townships of Rohinhon and Dawson, on Mani- 
 toulin Island, townidot of ToLSMAViLLE, Cockuurn Island. 
 
 LEADING ROADS 
 
 Have been constructed tbronghout the great MANITUULIN ISLAND. 
 
AD YER TlSEMEKTS. 
 
 181 
 
 fj 
 
 3. 
 
 \ 
 
 \ 
 
 the 
 
 Nl), 
 
 irul 
 
 lud 
 tni- 
 
 
 ON THE SAUGEEN PENINSULA 
 
 (ONTARIO.) 
 
 The lands in the Township of Amabrl, Alremarlk, Keppkl, Eastnor, 
 Lindsay and St. Edmunds ; as well as in several Townplots in the Penin- 
 sula ; are offered for sale through Mr. B. B. MILLER, Indian Lands Agent, 
 at Wiarton, County of Bruce, Oat. 
 
 On the Garden River Reserve 
 
 (ONTARIO). 
 
 Mr. WILLIAM VAN ABBOTT, of Sault Ste. Marie, is agent for the sal« 
 of Lands within this tract, and which are situated in the Townships of 
 Macdonald, Laird and Mbrkdeth : also for lands within the tract commonly 
 known as the Batch^waua Bay Indian Reserve and com[irised in the Town- 
 ships of 
 
 AWERES, FENWICK, KARS, ?«= NNEFATIIER, DENNIS, IIERRICK, 
 
 FISHER, TILLEY, HAVILAND, VAN KOUGIINET, 
 
 TUPPER AND ARCHIBALD. 
 
 A Leading Road is at present in course of compietion 
 through these Lands, and wili, when oompieted, afford 
 ready communication with other parts of the Country to 
 intending sottiers. 
 
 The Conditions of Sale 
 
 III respect to the lands within the Townships above describid can be 
 ascertained on application to the respective agents. 
 
 By Order, 
 
 ' Deputy Suj[)t. (Jen. of Indian Affairs. 
 
 Dki'artmrnt op T" dian Affairs, 
 
 Ottawa. . 
 
 H 
 
182 
 
 AD VER Tl SEME NTS, 
 
 'i 
 
 \ \: 
 
 Regulations made under the 'authority of* the " Naturaliza- 
 tion Act, Canada, 1881," approved by His Excellency the 
 (jrovernor-General in Council, on the 19th day of December, 
 18^3. 
 
 > 
 
 1. The time within which an alien's three years' residence or service 
 must be had before taking the oaths or affirmations of residence and alle- 
 giance, and procuring the same to be filed of record as provided in the 
 tenth section of the said Act is limited to five years immediately preceding 
 the taking of such oaths or affirmations. 
 
 2. In the North-West Territories and the District of Keewatin, the 
 certificate mentioned in the twelfth section of the said Act shall be pre- 
 sented to one of the Stipendiary Magistrates of the North-West Terri- 
 tories, who shall take such measures to satisfy himself that the tacts stated 
 in the certificate are true, as shall in each case appear to him to be neces- 
 sary ; and when satisfied that the facts stated in the certificate are true, he 
 shall grant to the alien a certificate of naturalization authenticated under 
 his hand and seal. 
 
 Each Stipendiary Magistrate shall keep a record of the certificates pre- 
 sealed to and filed with him ; also a record of all certificates of naturaliza- 
 tion granted by him, of which he is heieby authorized at any time to give 
 a certified copy. 
 
 3. The forms of declarations of alienage made in pursuance of the saidt 
 Act shall be respectively as follows : 
 
 The Naturalization Act, Canada, 1881. 
 
 Declaration of Alienage by a Naturalized British Subject. 
 
 1, A. B., of , having been naturalized as a British subject 
 
 on the of > 18 , do hereby, under the provisions of the 
 
 Order of the Governor-General in Council of the , and of the 
 
 truaty between Great Britain and C. D., renounce ray naturalization as a 
 B?-itish subject, and declare that it is my desire to resume my nationality 
 asi a subject [or citizen} of C. 1). 
 
 (Signed) A. B. 
 
 Miide and subscribed this day of » 18 , before ra^^ 
 
 (Signed) E. F. 
 
 Justice of the Peace, 
 
 [or other oj/icial title}. 
 
4 DVFIiTI^'iJ^MJ'J^ TS, 
 
 183 
 
 give' 
 said 
 
 raf^ 
 
 The Naturalization Act, Canada, 1881. 
 
 Declaration of Alienage by a Penan born within British Dominion s^ but 
 also a Subject or Citizen of a Foreign State by the law thereof. 
 
 I, A. B. , of . , being held by the common law of Great Britain 
 
 to be a natural born subject of Her Britannic Majesty's by reason of my 
 having been born within Her Majesty's dominions, and being also held by 
 the law of C D., to have been at my birth, and to be still, a subject [or 
 citizen'^ of C. D., hereby renounce my nationality as a British subject, and 
 declare that it is my desire to be considered and treated as a subject [or 
 citizen'] of CD. 
 
 (Sigued) A,B. 
 
 Made and subscribed this day of 18 , before me, 
 
 (Signed) F. F.. 
 
 Justice of the Peace 
 [or other official title]. 
 
 The Naturalization Act, Canada, 1881. 
 
 Declaration of Alienage by a Person who is by origin a British Subject. 
 
 I, A. B., of , having been born out of Her Britannic iMajesty's 
 
 Dominions of a father being a British subject, do hereby renounce my 
 nationality as a British subject. 
 
 (Signed) A. B. 
 
 Made and subscribed this day of 18 , before me, 
 
 (Signed) G. II., 
 
 Justice of the Peace 
 [or other official title]. 
 
 The Naturalization Act, Canada, 1881. 
 
 Declaration of British Nationality. 
 
 I, A. B , of , being a natural-born subject of Her Britannic 
 
 Majesty, and having voluntarily become naturalized as a subject [or 
 
 citizen] of C. D., on the of 18 > do hereby renounce such 
 
 naturalization, and declare that it is my desire to be considered and 
 *reat€d as a British subject. 
 
 (Signed) A. B. 
 
 ^/ade and subscribed thid day of 18 , before me, 
 
 (Sigued) F. F., 
 
 Justice of tlic Peace 
 
 [fjr other official'Jitle], - 
 
 'I; 
 if'. 
 
 ■I 
 
 r.' 
 .1 
 
184 
 
 A IJ VER TISEM EXTS. 
 
 Note.— The Act under wbich this declaration is made provides that 
 the declarant " shall not within the limits of the Foreign State in which he 
 was naturalized be deemed within Canada to be a British subject, unless 
 he has ceased to be a subject of the State in pursuance of the laws thereof 
 or in pursuance of a treaty to that effect." 
 
 4. Every declaration, whether of alienage or British nationality, made 
 in pursuance of the said Act, shall be deposited and registered in the office 
 of the Secretary of State of Canada : 
 
 The Secretary of State of Canada, the Under Secretary of State, or the 
 Deputy Registrar-General of Canada may give certified copies of any such 
 declaration for the purposes mentioned in the said Act. 
 
 6. With the consent of the Treasury Board, the following provision is 
 made in regard to the imposition and application of fees : — 
 
 Matter in which fee mav be taken. 
 
 For taking a declaration, whether 
 of alienage or British national- 
 ity 
 
 For administering the oath of 
 allegiance 
 
 For registration of declaration, 
 with or without the oath of 
 allegiance 
 
 For certified copy of declaration, 
 with or without an oath 
 
 Am'nt 
 of fee 
 
 % cts. 
 40 
 40 
 
 1 00 
 
 1 00 
 
 How to be applied. 
 
 To the Justice or other official 
 
 taking declaration. 
 To the Justice, Commissioner, 
 
 Notary, Stipendiary or other 
 
 Magistiate administering the 
 
 oath. 
 
 Consolidated Revenue of Canada. 
 
 consolidated Revenue of Canada. 
 
 J. A. CHAPLEAU, 
 
 Secretary of State. 
 
THE CANADIAN 
 
 MILITIA GAZETTE 
 
 Dr.voTF.n TO THE iyTi:in:sTs of the A(T[ve eoh'e 
 
 OF THE hoMLMOy, 
 PUBLISHED EVERY TUESDAY. 
 
 Subscription Price, - $1.50 per annum, 
 
 (In Advanck,) 
 
 I.' a well edited and well priutod oiiilit-]»age newspaper, treatiiiu (d" 
 military subjects, and carefully avoiding politics. 
 
 A FILE of lli« Gazmttk foi ins a ci'iniilete ncoitldf ( aiiadian military tin i;;;lit 
 niilitaiy news, and rilie uliooting. Every inililianiun iu tlie Doniinicn, 
 every ritie s^hot, nuU eveiy man iiiti'r(Ste(l in the military progress cf tlie 
 country, wants it and should subscribe. 
 
 SEND FOR STECIMEN COPIES. 
 
 State. 
 
 T/ic MILITIA GAZETTE offers 
 
 SPECIAL ADVANTAGES FOR ADVERTISING 
 
 l)articularly to n anufacturers of, ai.d dealers in military supplies and equip- 
 ments, fire arms, camp equipage and si>orting g( ods. it has a large circulation, 
 with subscribers iu every province, battalion and ritle club in the Dominion ; 
 and being on tile in a large number of the club rooms, mess rooms aiul rogimenial 
 libraiiies, reaches all the most active young men in tho country. 
 
 Kates and all information on application. 
 
 ADDRESS, 
 
 THE CANADIAN MILITIA GAZETTE, 
 
 BOX 316, 
 
 OTTAWA, Canada. 
 
^> 
 
 
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 TEST TARGET (MT-3) 
 
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<J^ #? ^ M 
 
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STRICKLAND & SONS, 
 llfTAB¥ TAIIOR 
 
 14 CLIFFORD STREET, 
 
 TGngland. 
 
 A MEMBER OP THE FIRM VtStTS CANADA 
 
 Estimates and instructions for self-measurements 
 
 sent on application. 
 
 XTniforma of all deacriptlona. 
 
A b VER Tt SEME NTS. 
 
 l85 
 
 INTERNATIONAL TENT AND AWNING CO., 
 
 184 SPARKS ST., OTTAWA, 
 
 Manufacturers of Superior 
 
 Tents, Flags, Camp 
 Furniture, Rubber Sheets, 
 
 Q Every Requisite; for 
 Camping. 
 
 Winter &, Summer Sport- 
 ing goods. 
 
 Garden Tents and Mar- 
 quees. 
 A beautiful assortment of 
 
 Awnings & Window Shades 
 for Stores &, Dwellings- 
 
 Our "Common-sense" Cot 
 is recommended as being the 
 best &* cheapest in the Mar- 
 ket. 
 
 Waterproof Horse Wear, Tarpaulins. 
 
 LUMBERMEN, CONTRACTORS, 
 
 SURVEYING PARTIES, Ac, SUPPLIED ON 
 SHORTEST NOTICE, 
 
 AT LO^A^EST RATES 
 CAMP MEETINGS PROVIDED WITH OUTFITS 
 
 ESTIMATES SENT ON APPLICATION TO 
 
 A. 0. FORGIE, Manager 
 
 International Tent & Avvnin^i: Co., 
 
 184 SPARKS STREET, OTTAWA. 
 
lae 
 
 AD VER Tt SEME NTS. 
 
 N. McEACHREN, 
 
 3i:ilitary Tailoi*, 
 
 ALBERT HALL BUILDINGS, 
 
 iM Y&N QE BTMEETf ¥ &M&NT@, 
 
 Uniforms of every description made to order, and everything necessary 
 
 to an 
 
 Officer's Outfit Supplied. 
 
 Send for List op Prices. ^ 
 ByTerms Strictly Cash. 
 
 WEBST£R S UNABRIDGED 
 
 With or without Patent Index. 
 
 IT IS THE STANDARD 
 
 or authority In 
 
 The GovenmiiJt Printing Office, 
 
 and with the 
 
 United States Supreme Gonrt. 
 
 Recommended by the 
 
 State Snpts. Schoolfl in 36 States, 
 
 and by 
 
 Over Fifty College Presidents. 
 
 For supplying Schools, 
 
 Every State Purchase 
 
 has been of Webster. 
 
 The London Times, of England, 
 
 Says : It is the best Dictionary of the 
 Language. 
 
 Hon. Geo. Bancroft, the Historian, 
 
 Says : It is 8uperior to all others. 
 
 Toronto Globe, Canada, says.- 
 
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 Similar testimonials have been given 
 by hundreds of the best American and 
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 Containing over 25,000 Titles, describing the 
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 The LATEST EDITION has 118,000 Words, and 3000 Engravings, (3000 more 
 Words and nearly three times the number of Engravings found in any other American 
 Dict'y.) Its brief Biographical Dictionary, (nearly 10,000 names) is a valuable feature. 
 ^Published by O. & C. MERRIAM & CO., Springfield, Mass. 
 
AD VEIi TlSEMESrs, 
 
 1«T 
 
 essary 
 
 BD 
 
 lARD 
 
 ig Office, 
 Oonrt. 
 
 9 
 
 |6 SUteB, 
 idents. 
 
 Ms. 
 
 Id, 
 
 ixy of the 
 
 torian, 
 
 I others. 
 
 says: 
 
 lest rank. 
 
 sen given 
 Irican and 
 IE BEST. 
 
 more 
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 le feature. 
 
 HAMILTON POWDER CO. 
 
 (INOOEPORATED 1861) 
 
 MILITARY POWDER 
 
 of any re:iuired velocity, density or grain. 
 SPORTING POWDER, 
 
 " Ducking," <' Caribou," and other choice grades. 
 IN EVERY VARIETY. 
 
 DYNA.MITE 
 
 And all other modern <'High Explosives." 
 
 SOLE LICENSEES FOR 
 
 H. Julius Smith's Magneto-Battery, 
 
 the best for accurate electric firing of Shots, Blasts, 
 Mines, Torpedoes, etc. 
 
 ]!IA]^UFACTIJRERS? AGEl^TS 
 
 For Insulated Wire, Electric Fuses, Safety 
 Fuse, Detonators, etc 
 
 OFFICE: 
 103 8T, FRANCOIS XA VIER STREET, 
 
 MONTREAL. 
 
 Branch Offices and Magazines at principal shipi»ing points in CanaiL-i. 
 
 Descriptive Lists mailed on application. 
 
188 
 
 A D VEIi TIS/CMKN TS. 
 
 mr, LAWMEHCIE MALI., 
 
 MONTREAL. 
 
 TrflllS HOTEL was opened on the First of May, 1879, by the former 
 '*- Proprietor, so long and favorably known throughout Canada, the 
 United States and Britiikh Empire, who has spared no ex|>ense in entirely 
 Refurnishing the whole House, also adding ALL MODERN IMPROVE- 
 MENTS, which will considerably enhance the already enviable popularity 
 of this First Class Hotel. 
 
 S. MONTGOMERY, 
 
 Manager. 
 
 H. HOGAN, Proprietor. 
 
 SADDLER AND HARNESS MAKER, 
 00 YEARS IN McCILL STREET. 
 
 Military Equipments made to order of patterns rec^uired. 
 Bitts, spurs, spur boxes, bridles, belts, pouches, and other goods. 
 
 Harness & Saddlery on hand or made to order ; best Mate- 
 rial and Workmanship. 
 
 168 McGILL STREET, 
 MONTREAL. 
 
 JOHN LOVELL & SON, 
 
 Piinteis ami letliii PR Boot liQieRi, 
 
 rj»«TS«0 
 
 A Catalogue of over 720 Standard Works and Books 
 
 of Fiction, in the Lovell Library, 
 
 Sent on Application, 
 
A/) VF.n TISE.MKXTS. 
 
 180 
 
 IIS, 
 
 i 
 
 ooks 
 
 INTERCOLONIAL RAILWAY. 
 
 §l\^ Ir^al 'Canadian %€uli(, 
 TO AHB S'XOM Til OCSAH 
 
 FOH 
 
 /S'P^^i^Z); COMFORT ;iJ^D JSAFETY 
 
 l8 Unsurpassed. 
 
 PALACE DAY ANB SLEEPING CARS. 
 
 On all tlirough Express Trains. Good Dining Rooms at coDvenicnt dis- 
 tances. No Custom house examinations. 
 
 Persons travelling between points in Canada and the Western States 
 and Great Britain and the Continent should take this route, and hundreds 
 of miles of navigation are thereby avoided. 
 
 Importers and exporters will find it advantageous to tise this route as it 
 is the quickest in jmint of time, and the niies are as low an by any other. 
 
 Through freight is forwarded by fast special trains, and experience has 
 proved the Intercolonial route to be the quickest for European freight to 
 and from all points in Canada and the United States. 
 
 This is the favourite route for i>loa3ure- seekers. For picturesque 
 scenery and beautiful landscapes it is unequalled. The country along 
 the line abounds with game, and the rivers with salmon and trout. 
 
 There is excellent sea and surf bathing. 
 
 Tickets may be obtained and also information about the route and about 
 freight and passenger rates from Roijkut H. Moodik, 9:J Rossin House 
 lilock, Toronto, and G. VV. Robinson. \'M> {?t. James Street. Montreal. 
 
 Full information can also be obtaine*! irom Mr. John Dykk. l.") Water 
 Street, Liverpool, England, also at the 0(!ice of the High Commissioner 
 for Canada, 9 Victoria Chambers. Victoria Street. London, S. W. 
 
 COLLINGWOOD SCHREIBER, 
 
 Chief Engineer and General Manager, 
 
 Goverjnnent Railways, Ottawa. 
 
 D. POTliN€ER, 
 
 CWef Supt- fwtercolonial Railway, 
 
 Moncloa, N.B. 
 
190 
 
 A D VEli TISKMES TS. 
 
 MAYNARD, HARRIS & CO., 
 
 (S»en^ral (Outfitters mA ^pnt^^ 
 
 126 and 127 LEADENHAIiL 8TBBET, LOITBOIT. 
 
 OBSTABLISHBD OVSa FIFTT TEARS). 
 
 Uniforms for the various Branches: 
 
 ABMY. 
 
 MILITIA. 
 
 VOLUNTEERS. 
 ROYAL NAVY. 
 
 MERCHANT NAVY. 
 
 DIPLOMATIC SERVICE. 
 CIVIL SERVICE. 
 
 TRICE LISTS AND ESTIMATES ON APPLICATION, 
 
 \ 
 
 Wearing Apparel for Private Use, 
 
 SHIRTS, UNDERCLOTHING, HOSIERY, &c. 
 
 Patterns of Cloths, Beavers, Meltons, Angolas, Tweeds, Flannels, v2r*c., 
 
 gent for selection. If near London an Assistant will 
 
 attend to measure, vSr^c. 
 
 ri 
 
 CAMP, BARRACK ROOM, AND CABIN FURNITURE. 
 
 OVERLAND TRUNKS & DRESS BOXES. 
 
 BAGS, PORTMANTEAUS, ETC. 
 
 PASSAGES ENGAGED, 
 
 Baggage Cleared, Warehoused, Shipped, &c» 
 Stores : 1 BEVIS MARKS, E.C, 
 
ADVEHTtSEMEKTS. 
 
 191 
 
 THOMAS CREAN, 
 
 MERQMAMf TAILQB, 
 
 AND 
 
 MILITARY OUTFITTER, 
 
 MASTER TAILOR TO THE 
 
 " QUEEN'S OWN RIFLES " 
 
 OF CANADA. 
 
 PRICE LIST SENT ON APPLICATION. 
 
 89 Yonge Street 
 
 TORONTO.