\^ * .N^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 S Itt 12.0 IL25 HI 1.4 1 1.6 Photographic Sciences Corporation ^/ A ^. Tranaparanea Quality of prir Quality inAgala de I'impreaaion Includes aupplementary materii Comprend du material supplAmantaira Only adition available/ Seule Mition disponibie rTTl Showthrough/ r~1 Quality of print variea/ nn Includes aupplementary material/ r~n Only adition available/ 1 a T ¥1 h d a b ri n n Pagas wholly or partially obscured by errata slips, tissues, ate, have been refilmed to enaura the beat possible image/ Lea pagaa totalement ou partiellement obscurcies par un feuiliet d'errata, una pelure, etc., ont M filmtes A nouveau de fapon d obtanir la meilleure imaga possible. This itam is filmad at tha redi^ction ratio checked balow/ Ce document aat film* au taux de rMuction indiqu* ci-daaaoua. 10X 14X 18X 22X 26X 30X / 12X 16X aox MX 28X 32X Tha eo^ fUmcd hun hat bMn to ttw 9«fMnMltvof: Library. DMMrtaMnt nf NatiiMMl Dafmas rapfOdtMod thmki L'«x«mptair« fHmA fut rtproduit grict A la 04n«rMitid«: IHiiiitiia ila In flifai^ Wrtinn^ quality laglblllty tha Tha imagaa appaarlng hara ara tha poaaiMa conaidaring ttta oondMon of tha oriflinal copy and In kaaplng filming contraot apacifiaationa. Original eopiaa in printad papar eovara ara fllmad baglnning with tha front covar and anding on tha laat paga with a printad or IIHiatratad impraa> •ion, or tha i»ack eovar whan approprlata. AN othar original eopiaa ara fHmad baglnning on tho firat paga with a printad or IHuatratad Impraa- •ion, and anding on tho laat paga with a printad or illuatratad impraaaton. Tha laat racordad frama on aaeh microficha •hall contain tha aymbol «^ (moaning "CON- TINUED"). or tha aymbol ▼ (moaning "END"), whichavar appiiaa. Laa imagaa Mihrantaa ont At* raproduitaa avac la plua grand coin, compta tanu da la condition at da la nattatA da I'aKamplaIra fllmA, at an conformltA avac laa condMona du contrat da fllmaga. Laa axamplalraa originaux dont la couvartura wx paplar aat imprimAa aont fUmAa an commandant par la pramlar plat at an tarminant aoit par la damlAra paga qui comporta una amprainta d'impraaaion ou d'iNuatration, aoit par la aacond plat, aaton la caa. Toua laa autraa axamplalraa originaux aont filmAa i* common^ «tvt par la pramlAra paga qui comporto una amprainta d'impraaaion ou d'iNuatration at tx tarminant par la darnlAra paga qui comporta una taila amprainta. Un daa aymbolaa auivanta apparattra aur ia darnlAra imaga da chaqua microficha. aalon ia caa: la aymbola -^ signifia "A SUiVRE". la •ymbola ▼ aignifia "FIN ". IMapa, plataa, charta, ate, may ba fllmad at diffarant raduction ratioa. Thoaa too iarga to ba antiraly included in ono axpoaura ara fllmad baglnning in tha uppar iaft hand cornor. loft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrama iiluatrata tha mathod: Laa cartaa. pianchaa, tabiaaux. ate. pauvant Atra filmAa A daa taux da rAduction diff Aranta. Loraqua la document aat trop grand pour Atra raproduit an un aaul clichA, ii aat fiimA A partir da I'angia aupAriaur gaucha. da gaucha A droita. at da haut an baa, an pranant ia nombra d'imagaa nAcaaaaira. Laa diagrammaa auivanta iiluatrant la mAthoda. 1 2 3 32X 1 2 3 4 5 6 B B AN ACT FOR LBiRnNa THE TIME OF SERVICE IN THE ARBfY ; [Fused 31ct Jane 1847] i AN ACT ,10 AMEND THE ACT FOR UMITING THE TIME OP SERVICE IN THE ARMY ; [Faaied 27th Febnurj 18553 AN ACT 10 REVIVE AND CONTINUE AN ACT AMENDING THE ACT FOR-LIMITING THE TIBIE OF • SERVICE IN THE ARMYj [Pawed S3rd July 1858] AND AN ACT FOR PUNISHING MUTINY AND DESERTION, AND FOR THE BETTER PAYMENT OF THE ARMY AND THEIR QUARTERS ; [FaBied 18th March 1864] fa I: TOGETHER WITH BtJLES AND ARTICLES OF WAR. \' i • I ■ i . y -i-A. 7.K \ RiA. ) 'miA mf m^)ii'rmn*M)'mnr mn n^mM [tj^i .*t'{a«*U'U««i't!. t -•.Kr mm mtv y.\ :i:^r/^i:tH ' TO A >1A '••^0 31/iT ai5T H^rruei ^ j^'^r tua :jHi. "%■ *■■■ ' ' " ■ ■ ' " •■■■ Sim ■«- - ■ ., v-i uKA. .)ff»iTfia^:^K,r f;iA/ Y.''AfAr?^ r.i/inamTi ;/ ;m.i \^:>"^\t Am i>«»>pT;i AN ACT '%■ 70ft LIMITING THE TIME OF SERYIGE IN TBI > I' ARMY. t^r' ■y^ %-M Passed 2lst June 1847. !^:/iii>^i w rw'^j^;. ^ QUEBEC: PRINTED BY J. N. DUQUET, 21, Mountain Hill, Lower Town. 1865. nX-.'^A- TB^\»-- vH ^ ■ I ;.) • . "vi A .aiii'l 1/1 iicix HUT '^virni/ij / u' VI fm rr 9 '• - « . '•g-i f. i 'Hf' '^■(^ rf-h1^ i; ANNO DECIMO & UNDECIMO , »A );f, VICTORIiE REGINiE. .,:> i>;.r:,.. . ->:>/^' k.:^'U •:; .i: ^':>aL.- ', ;f;-^ "f*.?-* :'lri 'ffViV f>A,< •^J^il/' "?/' .'^.v-V,. 'i^<,, ATu ''-\ -^V-^*, ,,},\ '.:;,V, k>/i\T:. ;: • ,'.' '' ■. •■ *: 1 , .' CAP. XXXVII. . - t- ilw Act for limiting the Time of Service in the Army* [21«f Jm/i^ 1847.] WHEREAS it is expedient to amend the system of Enlistment now in use in Her Majesty's Land Ff rces : Be it enacted by the Queen's most Excellent Majestyj by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Authority of the same. That After pass- after the passing of this Act no Person shall i"g ^f this , be enlisted *o serve Her Majesty, or in the pgrjo^^for Forces of the East India Company, as a Enlistment Soldier for a longer Term than Ten Years for a Soldior inHhe Infantry, or Twelve Years in the ^'"^»<^«'^' Cavalry, or Artillery, or other Ordnance Corps, to be reckoned from the day on which Repealing cor tain QiiQHtions in Schedule to lO&llVict. c. 12., and substituting those con- tained in Schedule (A.) to this Act annex- ed. Soldiers, at any Tiine durinjj the last Six Months, or on Comple- tion of Term of limited Service, may be re-en- gaged. 10 & 11 VICT. Cap. 87. which the Becruit shall have heen attested, if he shall have stated himself to be then of the Age of Eigteen Years, or if not, then from the Day on which he will complete the Age of Eighteen Years, to be reckoned according to the Age stated in his Attes- tation. 2. And be it enacted. That such of the Questions relative to Enlistment as are con- tained in the Schedule of an Act passed in the present Year of Her Majesty's Ueign, intituled An Act for punishim^ Mutiny and Desertion, and for the better Payment of the Army and their Quarters, as relates to the enlisting and attesting of Soldiers, shall be repealed ; and that in all Cases of Enlist- ment to serve Her Majesty or the East India Company the Question directed to be put on the Attestation of Eecruits, as to their Willingness to serve, shall be in the Form contained in Schedule (A.) hereto annexed. 3. And be it enacted. That any Soldier, at any Time during the last Six Months of the Term of limited Service for which he shall have first engaged, or after the Completion of such Term, may, if approved by his Commanding Officer or other com- petent Military Authority as a lit Person to continue in Her Majesty's Service, or in the Service of the East India Company, as a Soldier, be re-engaged to serve for the en^ Serl a t( Ini valj litested, then of ot, then omplete eckoned s Attes- h of the are con- passed in s Keign, tiny and ent of the es to the , shall be )f Enlist- the EaU irected to emits, as I be in the t.) hereto J Soldier, K Months for which after the I approved ►ther com- fit Person rvice, or in Company, serve for the 10 k 11 VICT. Cap. 87. the further Term of Eleven Years in the Infantry, and Twelve Years in the Cavalry or Artillery or other Ordnance Corps, upon making a Declaration in the Form given in the Schedule marked (B.) and annexed to this Act before any One of Her Majesty's Justices of the Peace in Chreat Btitain or Ireland, or, if not in Chreat Britain or Ire- land, before any Person duly appointed by Her Majesty, by any Warrant signed by the Secretary-at-War in that Behalf, to enlist and attest out of Great Britain and Ireland any Soldiers or Persons desirous of enlisting or re-enlisting into Her Majesty's Service. 4. Provided also, and be it enacted. That any Soldier who shall be ordered on Fo- reign Service, and who is within Three Years of the Expiration of his First Enga- gement, shall be at liberty, with the Appro- bation of his Commanding Officer, to re- engage, before he embarks for such Foreign Service, for such Period as shall complete a total Service of Twenty-one Years in the Infantry or Twenty- four Years in the Ca- valry or Artillery, according to the Form given in Schedule (B.) and annexed to this Act. SoUHorH ordered on Foreifijn Ser- vice, within Three Y^ears of Expira- tion of Firtit Engage- ment, may bo re-en- gaged for a further Term. 5. Provided always, and be it enacted, I^l'erms of That if either the First or Second Term of J^'.'J'^^*^^^^^;^ limited Service for which any Soldier shall ^haVsoU ^ have so engaged shall expire while he is diers are on serving any Foreign 8 10 it 11 VICT. Cap. 87. 8ution,they senring on any Foreign Station, the aaid To7 ^dT"^ ^'"* ^' Second Term of limited Service further ^' * ^^J ^ prolonged for such further Time, Time. not exceeding Two Years, as shall be di- rected by the Commanding Officer on such Foreign Station ; and that any Soldier who shall give Notice to his Commanding Offi- cer, afler completing his Second Term of limited Service, that he is desirous of conti- nuing in Her Majesty's Service, or in the Service of the IJast India Company, and being approved by his Commanding Officer or other competent Military Authority, may be continued in such Service as a Soldier so long as he shall desire to be so conti- nued, and until the Expiration of Three Calendar Months after he shall have given Notice to his Commanding Officer of his Wish to be discharged, and for that Pur- pose shall be considered in all respects, dur- ing such lime, as if his Term of Service were still unexpired. Tf at Iho Ex- pinition of Rnch Terms of Service Soldiors are unwillinjr lo re-en^ago themsolvG!', they shall be conveyed ])OIU0. 6. Provided further, and be it enacted. That if at the Expiration of such Firist or Second Term of limited Service, or of such Term of prolonged Service, any Soldier entitled to his Discharge, being on any Fo- reign Station, shall not be willing to re-en- gage or to continue in Her Majesty's Ser- vice, or in the Service of the jb!ast India Company, the Commanding Officer of the Regiment in which he may be serving shall, as in the Case of Soldiers invalided, take the any s Servi vice, jesty' and Coloi ofth( hisD be I think Imand jrema Ishall jentitl at th le aaid Service Time, be di- 31) Biich ier ^ho ng Offi- ^erm of )fconti- in the ,ny, and 5 Officer ity, may Soldier JO conti- )f Three ive given jr of his hat Pur- ects, dur- : Service enacted, I Firit or )r of such y Soldier 1 any Fo- r to re-en- sty's Ser- ast India car of the ving shall, ided, take the ' a-; ^? rei. niri in 10 & 11 VICT. Onp. 87. the nsnal Meaaures, with all convenient De- flpatch, for the Conveyance of such Soldier to England, and on I he Arrival of such Soldier in England he shall le finally dis- charged : Provided always, that during such Time as may elapse between the Expiration of such Terms of Service as aforesaid and his final Discharge in England such Soldier shall remain subject to all the Provisions of any Act which may be then in force for punishing Mutiny and Desertion, as fully as he may have been subject thereto before the Expiration of such Terms of Service : Provided also, that if at the Expiration d^ any such First or Second Term of limitea Service, or of such Term of prolonged Ser- [f/e colony, vice, any Soldier being in any of Her Ma- Governor, * jesty's Colonies shall claim his Discharge, «fec., may and shall signify to the Governor of suchP®""'^'^®"^ Colony, through the Commanding Officer *° '° °' of the Regiment in which he may be serving, his Desire to remain in such Colony, it shall be lawful for such Governor, if he shall think fit, with the Consent of such Com- manding Ofiicer, to permit such Soldier to [remain therein, and thereupon such Soldier jshall be finally discharged, and shall not be [entitled to claim to be conveyed to England [at the public Charge at any future Period. 7. And be it enacted. That if the Term If Term of for which any Non-commissioned Officer or ^"g^jj!^®"^ Soldier shall have been enlisted or re-en- l^nhe after jaged, or for which his Term of Service any Offence may committed, 10 10 & 11 VICT. Cap. 37. dec, he shall may have been prolonged as aforesaid, shall to b^^™*th ^'^P^^ ^^^ *^y Offense committed by him, Serv1c«°till^ *"^ before he has been tried or punished for after Trial, the same, such Non-commissioned Officer H'.ii i - '-O ; ' : ■ - ;(; ,:•. . l:, ' '• '« ' ' ' SCHEDULES to which the foregoing Act refers. SCHEDULE (A.) Questions to be put by the Justice to a Recruit on enlisting. 1. What is yotir Name 1 2. In what Parish, and in or near what . , Town, and in what County, were ? you born? ,< 3. What is your Age ? ' 4. What is your Trade or Calling ? 5. Are you an Apprentice 7 6. Are you married 1 7. Are you ruptured or lame ; have you ever been subject to Fits ; or have you any Disability or Disorder which impedes the fiee Use of your Limbs, or unfits you for ordinary Labour ? 8. Are you willing to be attested to serve in the Regiment of for the Term of [this Blank to be filled up by the Justices with Ten Years for Infantry , and Twelve, for Cavalry or Artillery or oth>er 0/ fi- nance Corps, if the Person enlisted is oftlie Age of Eighteen Years or upwards; but if under that Age, then 9. A 10. F( IL Hi 12. D( 13. Di 14. Hi 15. Hi JTofe.— 1 10 & 11 VICT. Cap. at IS ^ ; then the difference be$9i9een and Eighteen %$ lobe added to nteh Ten or Twelve Years {as the Case ^^ ^may be)], provided Her Majesty should 80 long require jour Ser- ... vices, and also for such further , Term, not exceeding Two Years, as shall be directed by the Commanding Officer on any Foreign Station ? 9. At what Place, on what Day, at what Hour of the Day, and by whom were you enlisted 1 10. For what Bounty did you enlist ? 11. Have you any Objection to make to the iVIanner of your i*nlistment 1 12. Do you now belong to the Militia? 13. Do you belong to any other Regiment, or to the Marines, Ordnance, or Navy, or to the Forces of the East India Company 1 14. Have you ever served in the Army, Marines, Ordnance, or Navy, or in the Forces ot the East India Com- pany? 15. Have you ever been rejected as unfit fbr Her Majesty's Service, or for the Service of the Kast India Company, upon any prior Enlistment ? 27o(if,^-T!he Justice is directed, in putting the Twelfth Question tb the Recmit, and before hu recei- ves his Anitwer, distinctly to nppriko the Recruit that if he belongs to the Militia, and denies the Fact, he is liable to Six Months Imprisonment. Enlisting 14 111 10 k 11 VICT. Cap. 87. Enlisting for Sendee in Her Majesty's ^ ■;-. ■*\ Colonies. *'='^'V \um> Question 8, is to be put l>y the Justice as follows : S. Are you willing to be attested to serve in Her Majesty's Colony of for the Term of [this Blank to be filled up by the Justices with Ten Years for Infantry f and Twelve for Cavalry or Artillery or other Ordnance Corpi, if the Person enlisted is of the Age of Eighteen Years or upwards; Init \f under that Age, then the Difference between his Age and Eighteen ts to be added to such Ten or Twelve Years ias the Case may be)], provided Her lajesty should so long require your Services, and also for such further Term, not exceeding Two Years, as shall be directed by the Commanding Officer on any Foreign Station ? Enlisting for either Her Majesty's or the East India Company's Servic!* Question 6. is to be pat by the Justice as follows : 8. Are you willing to be attested to serve in Her Majesty's Army, or in the Forces of the East India Company, ac- cording as Her Majesty shall think fit to order, for the Term of [this Blank to be filled up by the Justices with Ten Years for infantry, and Twelve for Cavalry or Artillery or other Ordnance \ Corps, if the Person enlisted is of the] -^ A Agel ¥^^ 10 k 11 VICT. Cap. 87. Age of Eighteen Years or upwards ; but if under that Age, then the Dif- ference between his Age and Eighteen is to be added to such Ten or Twelve Years (as the Case may be)], provided jour Services, should so long be re- quired and also for such further Term, not exceeding Two Years as shall be directed by the Commanding Officer on any Foreign Station '! , Enlisting for the East India Company's Service, Question 8. to be put bj the Justice as follows : 8. Are you willing to be attested to serve in the East India Company's * for the T«rm of [this Blank to be filled up by the Justices with Ten Years for Infantry i and Twelve for Cavalry or Artillery or other Ordnance Corps, if the Person enlisted is of the Age of Eighteen Years or upwards; but if under that Age, then the Difference between his Age and Eighteen is to be added to such Ten or Twelve Years {as the Case may be)], provided the said Company should so long require your Services, and also for such fiirther Term, not exceeding Two Years, as shall be directed by the Commanding Officer on any Foreign Station. ** The Blank to be filled up with the Words Infantry lor Artillery, as the Case may be. SCHE- 15 16 10 & 11 VICT. Cap. 37. '4"; h H'^h '■^^''!^ SCHEDULE (B.) ^ v.:^ „ I, Number ^^ ^^ do declare, That I am at present {or was, as the Com may bf,) in Captain "' 'Company in the ^^ Regiment; that I enlisted on the ♦" ' ^ t Day of for a Term of Tears ; that I am of the Age of Years ; and that I will serve Her Majesty, Her Heirs and Successors, [or in the Forces of the East Ind a Company, as the Case may be^] for a fhrther Term of t Years [to be filled up with Eleven Years in the Ltfantryt and Twelve in the Cavalry or Artillery or other Ofdncmce Corps^ andf in the Case of a Soldier about to embark fo^ Foreign Service, with such Number of Years as shall bit required to complete a toted Service of Twenty-one Years in the Infantry^ or Twentu-four tn the Cavalry or Artillery or oth^r Ordnance Corps], providf^d my Services should so long be required, and also for such iUrther Term, not exceeding Two Years, as shall be directed by tne Commanding Officer on any Foreign ^Station. , ■., Declare before me. >.n v^^^ /Hi-. \Tl JJ_ ^r? ' >> i.if iaj.j '■■ ?''■ '. ^ '.M\: '!< Signature Of Soldier, Signature of Witness, '■} >'..;■? ' ' ■ 'J/A AN ACT 90 AMEND THE ACT roB LIMITINa THE TIME OF SERYIGE IN THK ARMY. Passed 27th F^miary 1855. I I } jhfj; ^^ I 'M\ lie u \'\iu ^ t ^ r F Elevei Thir^ Servic" no Pe Majest Compi than! Years lOrdnai jDay 01 attestec be thei !,;i .1 .*;* VMj; ♦'v^*f h .' >r»H . . ANNO DECDIO OCTAVO ' ,!r,';r 'victoria regin^. n-'^ J ■*• ■ . .'"(<;• :■* -:;.i ^i>r ■■.? '^ T^' '• i^ r^ ■■':'., 'r-vfl-i-^A CAP. IV. //*» ;r,,^ .! ■ i ' > '■? X ■ ; '^^ ( ' . An Act to amend the Act far limiting the Time of Service in the Army. [27th February 1855.] *•" > ! W WHEREAS by an Act passed in the Session halden in the Tenth and Eleventh Years of Her Majesty, Chapter Thirty-seven, "for limiting the Time of lo An Vict. Service in the Army," it was enacted that *• ^'* no Person should be enlisted to serve Her Majesty, or in the Forces of the East India Company, as a Soldier, for a longer Term than Ten Years in the In&ntry or Twelve Years in the Cavalry or Artillerv, or other I Ordnance Corps, to be reckoned from the I Day on which the Recroit should have been attested, if he should have stated himself to |be then of the Age of Eighteen Years, or if not. 20 18 riCT. Cap. 4. It r not, then from the Pay on which he would complete the Age of Eighteen Yearsi to be reckoned according to the Age stated in his Attestation : And it was thereby also enacted, that any Soldier at any Time during the last Six Months of the Term of limited Service for which he should have been first engaged, or after the Completion of such Term, might, if approved by his Commanding Officer or other competent Military Authority as a fit Person to conti^ nue in Her Majesty's Service or in the Ser- vice of the East India Company as a Soldier, be Te-en gaged to serve for the further Term of Eleven Years in the Infantry and Twelve Years in the Cavalry or Artillery or other Ordnance Corps : and that any Soldier who should be ordered on Foreign Service, and who was within Three Years of the Expiration of his First Engagement, should be at liberty, with the Approbation of his Commanding Officer, to re-«ngage before he embarked for such Foreign Service for such Period as should complete a total Service of Twenty-one Years in the In- fantry or Twenty-four Years in the Cavalry or Artillery ; And whereas by an Act passed in the Session holden in the Twelfth and Thirteenth Years of Her Majesty, Chapter 12& iSVict. Seventy-three, " to limit the Enlistment in the Artillery and other Ordnance Corps,'* it was enacted, that during the last Six Months of the Term of limited Service for which a Soldier should have first engaged to c. 73. enaci Majef Coni poralj ment the 8i I. this serve I East such theli pirould to be ed in ' also Time jrm of have )letioii by his ig petent conti- le Ser- oldier, • Term and rtillery ^t anj foreign fears X)f rement, obation -engage Service a total : the In- Cavalry t passed fth and Chapter ment in Corps,'* last Six vice for engaged to 18 VICT. Cap. 4. SU to serve in the Artillery or other Ordnance Corps, or after the Completion of such Term, he might, if approved by his Com- manding Officer or other c ompetent Military Authority as a fit Person to continue in Her Majesty's Service as a Soldier, be re- engaged to serve for the further Term of Nine Years : And whereas by reason of Directions contained in Schedules to the said first-recited Act, for filling up .Blanks in the Forms of Questions to be put to Eecruits on enlisting, it is apprehended that it may not be lawful to enlist Persons to serve as Soldiers for lesser Terms than the said Terms of Ten Years and Twelve Years respectively : And whereas it is expedient that Her Majesty should be enabled to permit Enlistment for such lesser Terms, and to authorize Soldiers to re- engage for any Terms within the Limits of Service prescribed by the said Acts : Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem- poral, and Commons, in this present Parlia- ment assembled, and by the Authority of the same, as follows : L For Three Years after the passing of Power to this Act, any Person may be enlisted to^erMajes- fierve Her Majesty, or in the Forces of the [J'cJuDcil East India Company, as a Soldier, for any for Three * such Term, not exceeding Ten Years in Years after the Infantry or Twelve Years in the Cavalry passing of ^ ^^ Act, to lei- \i Ml , ■ 18 VICT. Cup. 4. MO T«rmt or Artillery or other OrHnance Corps (to raen^'llnd ^ i^^l^oned as provided in the said first- RHnfffiffe- nientioned Act), as may be autorized by mentof any Order or Orders of Her Majesty in Soldsen. Council in this Behalf ; and any Soldier may, subject to such Approbation j? in the said Acts mentioned, re-engn;^« v ach Term as may by such Ordur ?r Orders in Council be authorized; prr vided the Term for which he is so engage a, with the Tenn of his Service under his First Enlistment, do not exceed the Period of Twenty-one Years in the Infkntry or Artillery or other Ordnance Corps, or Twenty-four Years in the Cavalry ; and the Forms of Questions on Enlistment in Schedule A. to the said first-mentioned Act, and the Form of Decla- ration in Schedule B. to such Act, may, when the Occasion requires, be filled up with such Term or Number of Years as may be authorized by such Order or Orders, instead of the Term or Number of Years mentioned in the Directions contained in such Schet^ules. i>i: .^ -i , , r- Recited Acta 9. t? 6 r^.ixi Acts Ji the Tenth and to be read Eleventh Years and Twelfth and Thirteenth aa One. Years of Her Majesty and this Act shall be read and construed together as One Act. X. 7 t ■ ' «., J ,,'■ -X- . . . ■< I ■.-;■; * • i i '>*' ■ { ! . ,n ,.-.;; > 1 < t AN ACT REVIYE AND CONTINlJE AN ACT AMINDINO TBS ACT FOR LIMITING THE TIME OF SERVICE IN THE ARMY. Pasted iSrd July 1858. /v ^ i: I . 2. ANNO An \ • III ami 4 w Ninet Four, Time enactc passin son n jesty Comp not e: orTv . 1 ... . :'M 7 1:1* .A :i: H -*<."■) •'",.*: ■ :■'>■) Tit '; .il: . • n"'!. U ■ » • \iS,iVm 'V.i'J Hi 1 ANNO YICESIMO PRIMO :.; . : .• !•;•■-. ' , ■ ; :;i;S=' •' VICTORIiE REGINiE. ''.'i* « CAP. LV. t iln iLcf ^0 r^vst;^ and continue an Act amending the Act for limiting the Time of Service in the Army. [2Zrd July 1858.] w HEREAS by an Act of the Ses- sion holden in the Eighteenth and Nineteenth Years of Her Majesty, Chapter Four, "to amend the Act for limiting the i8&i9Vict. Time of Service in the Army, " it was c. 4. enacted that for Three Y«ars after the passing of the Act now in recital any Per- son might be enlisted to serve Her Ma- jesty or in the Forces of the East India Company as a Soldier for any such Tenn not exceeding Ten Years in the Infantry or Twelve Years in the Cavalry or Artil- lery 26 Im \i i li i B! :: !l!^ i!ii! Act revived and con- tinued. Hi 'i |i 21 k 22 VICT. Cap. 65. lery or other Ordnance Corps as might be authorized by any Order or Orders of Her Majesty in Council in that Behalf: -And whereas it is expedient to reviire and con- tinue the said Act : Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this Present Parliament assembled, and by the Authority of the same, as follows : 1. The said Act of the Eighteenth and Nineteenth Years of Her Majesty shall con- tinue in force as if Six Years after the passing of the said Act had been mentioned therein instead of Three Years, and shall be deemed and taken to have had Effect accordingly, to all Intents aud Purposes, as if this Act had actually passed before the Expiration of the said Term of Three Years, 1 fill AN ACT FOR •UNISHING MUTINY AND DESERTION ; AND FOR THE BETTER PA YMENT OF THE ARMY AND THEIR QUARTERS. ALSO, RULES AND ARTICLES FOR THE BETTER GOVERNMENT OF HER MAJESTY'S ARMY. WITH TABLES OF CONTENTS. /. General of Amuige ■ I Genec Clans JONSTn Claua f-viaanimi ^■^> CONTENTS «, ■-.i) ■'.■ ' General Principles of the Act: Preamble. Numbers. .... Clause 1. * 2. 8. 4. 5. Articles of War made by Her Majesty to be judicially taken notice oil* .... .- Persons subject to this Act Provisions of this Act to the extend to Jer- sey, Guernsey, &c Colonial and Foreign Troops in Her Majesty's Pay to be subject to Provi- sions of this Act* « • • Provison as to the Militia and Yeomanry Corps 4 Constitution ot Courts-martial: Clause 6. 1. 8. 9. 10. Power to constitute Courts-martial. < . • • • Place where Offenders may be tried Constitution and Powers of General Courts- martial 4 Constitution and Powers of District or Garrison Courts^martial < Constitution and Powers of Regimental or Detachment Courts-martial .<<.... 41 42 44 46 47 47 47 49 49 49 50 j 30 coHTXirrs. \ i; General Headi of Arrangement. i ! SUBJECT. Constitution of Coubts*martial — Continued. Clause 11. 12. 13. 14. Coarts-martial on Lioe of March or in Troop Ships, &c Constitution and Powers of Detachment General Courts-martial As to swearing and summoning of Wit- ■ nesses No Second Trial for the same Offence, b«t Revision may be allowed Cbimes and Punishments: Clause 15. 16. . 17. 18. 19 20. 21. Crimes punishable with Death Judgment of Death maj be commuted for Penal Servitude or other Punishments. Embezzlement, &c of Stores punishable by Penal Servitude.. « As to Execution of Sentences of Penal Servitude in the United Kingdom As to Execution of Sentences of Penal Servitude in the Colonies, India, the Ionian Islands, or elsewhere out of Her Majesty's Dominions ••••••• Power to commute Penal Servitude for Imprisonment, Ac Of Forfeitures, dec. when combined with Penal Servitude 50 51 51 53 53 55 56 51 60 62 63 ■Hiii i ii :■! : COHTSHTfl. 31 General Headi of Amngement. SUBJECT. Crimis and Punishmjcnts. — Coniinued. Clause 22. 23. 24. 25. 26. 27. 28. Power to inflict Corporal runiihment. . Power to inflict Corporal Punishment and Imprisonment Power to commute Corporal Punishment for Imprisonment, &c Power to commute a Sentence of Cashier- ing » Marking Deserters, or Soldiers discharged with Ignominy Power of Imprisonment by difierent Kinds of Courts-martial As to Imprisonment of Ofienders already under Sentence Military Prisons and Civil Gaols: Clause 29. 30. 31. 32. 33. Regulations as to Military Prisons {See alio Clause 83. extending revi- sions of Gaol Acts to Military Prisons.) As to the Custody of Military Offenders under Sentence of Court-martial, and in other Cases As to the Removal of Prisoners, Provision for Subsistence of Soldiers when imprisoned in Conmion Gaols Notice of Expiration of Imprisonment of Soldiers in Common Gaols to be given to the Secretary of State for the War Department, &c , t Page. 63 63 64 64 65 65 65 66 68 69 12 73 cosTEirrs* Oeneral Heads of Arrangement. SUBJECT. Desertion : Clause 34. 35. 36. 37. Apprehension and Transfer of Deserters in the United Kingdom and in Her Majest/s Foreign Dominions As to the temporary Custody of Deserters in Gaols Desertion of Recruits prior to joining their Regiments or Corps Fraudulent Confession of Desertion . Extension op Furlough : Clause 38. | Extension of Furlough in case of Sick- ness Privileges of Soldiers: Clause 39. 40. 41. No Person acquitted or convicted by the Civil Magistrate or by a Jury to be tried by a Court-martial for the same Offence Soldiers liable to be taken out of Her Majesty's Service only for Felony, Misdemeanor, or for Debts amounting to 30/. and upwards ; but Soldiers not liable to be taken out of the Service for Debts under 30/., or for not main- taining their Families, or for Breach of Contract .... •••• Officers not to be Sheriffs or Mayors # • • • Page. 74 18 79 80 81 82 83 86 'COHTKim. » General HeaJa of Arrangement Enlistment : Clause 43. 43. 44. 45. 46. 47. 48. 49. 60. 51. 52. 59. 54. 55. QuMtiona to be put to Rocruiti Recruits when deemed to be enliited. . . . When to be taken before a Justice Dissent and Relief from Enlistment* • • • . Attesting of Recruits Recruits until they have been attested or received Pay not triable by Court martial, but in certain Cases punishable as Rogues and Vagabonds Attested Recruits triable in some Casea either before Two Justices or before a Court-martial .'...•••• Recruits absconding As to Militiamen enlisting into the Army Punishment of Persons offending against the Laws relating to Enlistment Enlistment and Re-enlistment and Trans- fer to another Corps abroad As to Soldiers transferred to different Services Re-engagement of Soldiers for a further Term Enlistment of Negroes . . • « 8 86 87 87 87 88 89 90 91 91 92 93 94 95 96 34 cowTEirrs. ' General Heads of Arrangemont. SUBJECT. Enlistmknt — Continued. Clause 50. 67. 58. Apprentices enlisting to be liable to serve after the Expiration of their Apprenti- ceship. Claims of Masters to Apprentices. Punishment of Apprentices enlisting. . . . Removal of Doubts as to Attestation of Soldiers Pay op the Army: Clause 59. I Authorized Deductions only to be made I from the Pay of the Army. !•••••••£• Billets and Carrla.ges: Clause 60. 61. 62. 63. 64. 65. 66. 6V. Sus] e.iding Operation of certain Acts herein recited Certain Requirements of 6 Anne, c. 14. (I.), as to billeting in Ireland, not now necessary How and where Troops may be billeted. Billeting the Guards in and near West- minster Military Officers not to act as Justices in bilkting Allowance to Innkeepers Definition of Terms, and Powers and Re- gulations as to Billets. Exemptions from Billets Supply of Carriages Page. 91 100 101 101 102 104 105 110 111 111 114 110 •I'ii COKTEKTS. 35 ftonornl Hcada of Arrangement. SUBJECT. Pig.. Billets and Carriaoeh — Continued. Clause 68. RateH to be paid for Carriages, and Regu- lations relating thereto lis 60. Supply of Carriages in Cases of Emergency 121 10. Justices empowered to reimburse Consta- bles for Sums expended by tbem 123 71. 72. Routes in Ireland 124 124 Tolls , 73. Ferries.. ••••.••••..«.....«....• 125 (See aUo Fsnalties, Clauses 86 & 87.) Discharge of Soldiers : Clausa 74. Mardiinsr Monev on Discharc^e • > 125 76. Penalties Notification to Parishes of good or bad Condact of Soldiers 126 AT Law under this Act : Clause 76. Ordinary Course of Criminal Justice not to be interfered with. Punishment of OflScers obstructing Civil Justice 126 77. Penalty for Disobedience by Agents 127 78. Penalty on trafficking in Commissions. . . 128 79. Penalty for procuring false Musters 129 80. Penalty on unlawful recruiting 130 81. Penalty for inducing Soldiers to desert. . 130 82. Penalty for forcible Entry in pursuit of Deserters ., 131 J 36 CONTKlTTfl* General ilnndi of Arrangoucnt. SUBJECT. Penalties at Law under this Act — Continued, Clauso 83. Penalties on aiding Escape or Attempt to escape of Prisoners, and on I^reach of Prison Regulations. Certain Provi- sions of Acts fur regulating Gaols to appi J to Military Prisons. . . .0 , 84. 85. 86. 61. 88. 89. 90. 91. Penalty on Keepers of Prisons for refus- ing to confine, dec. Military Offenders. Penalty on purchasing Soldiers Neces- saries, Stores, 4&c Penalties upon Civil Subjects offending against the Laws relating to Billets; Penalty on Toll Collecters demanding Toll frora Officers, Soldiers, or for Carriages; and on Persons personat- ing Soldiers, as been or shall be given by any Military Jtore Officer, Barrack Master, or other Officer, or their Sureties, for the due Perfor- mance of their respective Offices, but that [11 such Securities shall be and remain in ill Force and Effect. 3. THIS 45 46 Application of the Act Guernsey, f this Act or of tlia Articles of War, may be tried and punished for the same in any Part of Her Majesty's Dominions or in any other Place whereto he may have come or where he may be after the Commission of the Offence, as if the Offence had been com- mitted where such Trial shall take place. 8. EVERY Generrl Court • martial Powers ot convened within the United Kingdom or the (General [Ihilish Isles shall consist of not less than ^^^^^^^'^j" 'hirteen Commissioned Officers, and shall |iave Power to sentence any Officer or joldier to suffer Death, Penal Servitude, [piprisonment, Forfeiture of Fay or Pension, )r any other Punishment which shall accord ^vith the Usage of the Service .; but no Tudgment of Death by a Court-martial shall pass unless Two Thirds at least of the Officers present shall concur therein ; md no Court-martial within the United angdom or elsewhere held under the Pro- isions of this Act shall have Power to iward a Sentence of Tranbportation. 9. EVERY District or Garrison Court- Powers of lartial convened within the United King- J^^^tnct or lom or the British Isles shall consist of not Courts^^ less than Seven Commissioned Officers, martial, 4 and 50 Courts-marital and shall have the same Power as a Gene- ral Court-martial to sentenco anj Soldier to such Punishments as shall accord with the Provisions of this Act :— PROVIDED always, that no such District or Garrison Court-martial shall have Power to try a Commissioned Officer, orto pass any Sen- tence of Death or Penal Servitude. rowers of 10. A REGIMENTAL or Detach- icogimental ment Court-martial shall consist of not less than Five Commissioned Officers, unless it is found to be impracticable to assemble that Number, in which Case Three shall be sufficient, and shall have Power to sentence any Soldier to Corporal Punishment, or to Imprisonment, and to Forfeiture of Pay, in such Manner as shall accord with the Pro- visions of this Act. (»r Detach ineiit Courts- murtial. 1 ' Courts- 11. IN Cases of Mutiny and gross In- martial on subordination or other Offisnces committed 'Sllrch or in ^^ *^® ^^^® ^^ March, or on board any Troop Ships/fransport Ship, Convict Ship, Merchant yvii>n the same Offence; and no Finding, may bo Opinion, or Sentence given by any Court- J^ll^^vod. martial, and signed by the President therof, shall be revised more than onqe, nor shall any additional Evidence in re5ipect of any Charge on which the Prisoner then stands arraigned be received by the Court on any Ke vision. 15. IF any Person subject to this Act Crimea shall at any Time during the Continuance P"ni^^|«'^'e fxi • A i. 1- • '^ ... With Death. 01 this Act begin, excite, cause, or join m any 54 I. :■■;]•, ;: ■;!;).i- Crimes and Punishments. any Mutiny or Sedition in any Forres be- longing to Her Majesty's Army, or Her Majesty's Royal Marines, or shall not use his utnKist £ndeayours to suppress the same, or coming to the Knowledge of any Mutiny or intended Mutiny shall not, with- out Delay, give Information thereof to his Commanding Officer ; or shall hold Correspondence with or give Advice or Intelligence to any Rebel or Enemy of Her Majesty, either by Letters, Messages, Signs, or Tokens, in any iVIanner or Way whatsoever ; or shall treat or entfi/ '^^.o any Terms with such Rebel or Enemy i- out Her Majesty's Licence, or Licence of the General or Chief Commander ; or shall misbehave himself before the Enemy ;- or shall shamefully abandon or deliver up any Garrison, Fortress, Post, or Guard committed to his Charge, or which he shall have been commanded to defend ; or shall compel the Governor or Com- manding Officer of any Garrison, Fortress, or Post to deliver up to the Enemy or to abandon the same ; or shall speak Words or. use any other Means to induce such Governor or Commanding Officer, or others, to misbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post, or Guard com- mitted to their respective Charge, or which he or thry shall be commanded to defend ; or shall desert Her Majesty's Service ; or shall leave his Post before being regularly Crimes and Punishments. 55 regularly relieved ; or shall sleep on his Post ; — —or shall strike or shall use or offer any Violence against his Superior Officer, being in the Execution of his Office, or shall disobey any lawful Command of his Superior Officer ; or who being confined in a Military Prison shall offer any Violence against a Visitor or other his superior Military Officer, being in the Execution of his Office ; all and every Person and Persons so offending in any of the Matters before mentioned, whether such Ofience be committed within this Realm, or in any other of Her Majesty's Dominions, or in Foreign Parts, upon Land or upon the Sea, shall suffer Death, or such other Pun- ishment as by a Court-martial shall be awarded: PROVIDED always, that any Non-commissioned Officer or Soldier attested for or in Pay in any Regiment or Corps, who shall, without having first ob- tained a regular Discharge therefrom, enlist himself in any other Regiment or Corps, may be deemed to have deserted Her Ma- jesty's Service, and shall be liable to be punished accordingly. 16. IN all Cases where the Punishment Judgment of Death shall have been awarded by a ^^^^^^^^ General Court-martial or Detachment Ge- ™ mmute 1 neral Court-martial it shall be lawful for for Penal Her Majesty, or, if in any Place out of Servitude the United Kingdom or British Isles, for Jf^^l^^^ the Commanding Officer having Authority ^^^ ' to 56 Crimes and Punishments. t ■ ,.-t I'!' to confirm the Sentence, instead of causing such Sentence to be carried into execu- tion, to order the Offender to be kept I in Penal Servitude for any Term not less than Four Years, or to suffer such Term of Imprisonment, with or without Hard Labour, and with or without Solitary Confinement, as shall seem meet to Her Majesty, or to the Officer commanding as| aforesaid. Emiozzlo- 17. ANY Officer or Soldier of Her! J!^^"^' *^'^' ®^ Majesty's Army, or any Person employed is^iiibL^by ^^ *^® ^^^ Department, or in any way Ponal Servi- concerned in the Care or Distribution of tude. any Money, Provisions, Forage, Arms, Clothing. Ammunition, or other Stores be- longing to Her Majesty's Army or for Her| Majesty's Use, who shall embezzle, fraudu- lently misapply, wilfully damage, steal, orl receive the same, knowing them to have been stolen, or shall be concerned therein or connive thereat, may be tried for thej same by a General Court-martial, and sen- tenced to be kept in Penal Servitude fori any Term not less than Four Years, or to| suffer such Punishment of Fine, Impri- sonment, Dismissal from Her Majesty's! Service, Reduction to the Ranks if a War- rant or Non-commissioned Officer, as such Court shall think fit, according to the| Nature and Degree of the Offence ; — and every such Offender shall, in addition I to any other Punishment, make good at his CriiYies and Punishments. 57 ik own Expense the Loss and Damage istained, and in every such Case the /Ourt is required to ascertain by Evidence the Amount of such Loss or Damage, and [to declare by their Sentence that such imount shall be made g'^od by such Offen- ler ; and the Loss and Damage so ascer- tained as aforesaid shall be a Debt to Her iajesty, and may be recovered in any of [er Majesty's Courts at Westminster or in >ublin, or the C( urt of Exchequer in Scotland, or in any Couii; in Her Majesty's Colonies, or in Indiay where the Person sentenced by such Court-martial shall be resident, after the said Judgment shall be jonfirmed and made known, or the Offender, if he shall remain in the Service, may be )ut under Stoppages not exceeding One Talf of his Pay and Allowances until the imount so ascertained shall be recovered. 18. WHENEVER Her Majesty shall As to Exe- intend that any e-ntence of Penal Servitude g"J,\°JJ^^fg 'leretofore or hereafter passed upon any^fp^^JJ^ 'Offender by any Court-martial shall be car- Servitude i ried into execution for the Term specified tlie United in such Sentence or for any shorter Term, Kingdom. )r shall be graciously pleased to commute IS aforesaid to Penal Servitude any Sen- tence of Death passed by any such Court, the Sentence, together with Her Majesty's "Pleasure thereupon, shall be notified in Siting by the Officer commanding in chief [er Majesty's Army in Chreat Britain and Ir eland y \ • ss Crimes and PuniahmmtB. Ireland^ or in the temporary Absence of such Officer by the Adjutant General, or| when there shall not be any Commander- in-Chief of Her Majesty's Army in Grr€at\ Britain and Ireland^ then by the Secretary of State for the War Department, to any Judge of the Queen's Bench, Common Pleas, or Exchequer in England or Ir eland ^ and thereupon such Judge shall make an Order for the Penal Servitude or such Offender in conformity with such Notitication, and shall do all stich other Acts consequent upon such Notification as such Judge is auUiorized to do by any Act in force touching the Penal Servitude of other Offenders ; and it shall be lawful for any Judge of the Queen's Bench, Common Pleas, or Exchequer in Ireland to make an Order that any such Offender convicted in Ireland shall be kept in Penal Servitude in England ; and such Order shall be in all respects as effectual in England as though such Offender had been corvicted in England t and the Order had been made by any Judge of the Queen's Bench, Common Pleas, or Exchequer in England ;\ and the Person i?i whose Custody such Offender shall at that Time be, and all other Persons whatsoever whom the said Order may concern, shall be bound to obey and shall be assistant in the Execution thereof, and shall be liable to the same| Punishment for Disobedience to or for in* terrupting the Execution of such Order as I Crimes and Punishments. 69 H the Order had been made under tbe lUthority of any such Act as aforesaid ; ■and every Person so ordered to be :ept in Penal Ser^tude shall be subject to jvery Provision made by Law and in force concerning Persons under Sentence of Penal jervitude ; and from the Time when inch Order of Penal Servitude shall be lade every Act in force touching the tiscape of Felons, or their afterwards re- turning or being at large without I^ave, shall apply to such Offender, and to all Persons aiding and abetting, contriving or jssisting in a. ^ Escape or intended Escape )r returning without Leave of any such )0eiider; and the Judge who shall lake any Order of Penal ^ervitude as iforesaid shall direct the Nv^dfication of [er Majesty's Pleasure, and his own Order lade thereupon, to be filed and kept of lecord in the Office of the Clerk of the !rown of the Court of Queen's Bench ; md the said Clerk shall have a Fee of Two Hiillings and Sixpence only for filing the bme, and shall, on application, deliver a certificate in Writing (not taking more Ihan Two Shillings and Sixpence for the fame) to such Offender or to any Person ipplying in his or Her Majesty's Behalf, [hewing the Christian and Surname of such )fFender, his Offence, the Place where the 'curt was held before which he was con- noted, and the Conditions on which the >rder of Penal Servitude was made ; which 60 Crimes and Puhishments. which Certificate shall be pufficient Prd of the Conviction and Sentence of sJ Offender, and also of the Terms on wlii| such Order for his Penal Servitnde made, in any Court and in any Proceedi wherein it may be necessary to inquire in the same. [i :\ As to Exe- cution of Sentences of Penal Sorvi- iude in the Colonies, India, the Ionian Islands, or elsewhere out of Iler Majesty's Dominions. 19. WHENEVER any Sentence Penal Servitude hf'retofore or hereaf passed upon any Offender by any Coiil martial holden in Indh, or in any otlj Part of Her Majesty's Foreign Dominions,! elsewhere beyond the Seas, is to be carrj into execution for the Term specified [ such Sentence or for any shorter Tcr or when Sentence of Death passed by a| such Court-martial has been or shall aforesaid be commuted to Penal Servitd the same shall be notified by the Offij commanding Her Majesty's Forces at Presidency or Station where the Offeni| may come or be, or in his Absence by Adjutant General for the Time being, some Judge of One of the Supreme Coiil of Judicature in Indian or the Chief Justi| or some other Judge, as the Case may in any Part of Her Majesty's Forei] Dominions, who shall make Order for Penal Servitude or intermediaie Custc of such Offender ; and upon any sii| Order being made it shall be duly notif to the Governor of the Presidency ifl India, or to the Governor of the Coloj Climes and Punishments, 61 |in any of Her Majesty's Colonies, or the Person who shall for the Time Ing be exercising the Office of Governor such Presidency or Colony, who, on [ceipt of such Notification, shall cause :h Offender to be removed or sent some other Colony or Place, or to der2;ohis Sentence within the Presidency Color 7 where the Offender was so sen- iced, or where he may come or be as >resaid, in obedience to the Directions for Removal and Treatment of Convicts lich shall from Time to Time be trans- |tted from Her Majesty through One of jr Principal Secretaries of State to such [esidenf^y or Colony ; and such Of- ider shall according to such Directions |dergo to Sentence of Penal Servitude lich shall have been passed upon him [her in the Presidency or Colony in which has been so sentenced, or in the Colony Place to which he has been so removed sent, and whilst such Sentence shall lain in force shall be liable to be im- [isoned, and kept to Hard Labour, and lerwise dealt with under such Sentence the same Manner as if he had been itenced to be imprisoned, with Hard ibour, during the Term of his Penal frvitude, by the Judgment of a Court of |mpetent Jurisdiction in such Presidency Colony, or in the Colony or Place . > lich he has been so removed or sent jspectively : IN the Ionian Islands and 1 ( 0§; Crimes and PunUhinenU, and elsewhere out of Her Majesty's Doinj nions the Officer commanding shall ha^ Power to make an Order in Writing for tl Penal Servitude or intermediate CustodI of such Offender ; and such Offende shall be liable by virtue of such Order be imprisoned and kept to Hard Labou and otherwise dealt with under the Seil tence of the Court in the same Manner as{ he had been sentenced to be imprisoned wii Hard Labour during the Term of his Penj Servitude by the Judgment of a Court competent Jurisdiction, in the Place wheii he may be ordered to be kept in such intej mediate Custody, or in the Place to whic he may be removed for the Purpose undergoing his Sentence of Penal ServitudJ A Sentence 20. IN any Case where a Sentence of Penal Penal Servitude shall have been awarde by a General or Detachment Genei Court-martial it shall be lawful for Hj Majesty, or, if in any Place out of the UnitJ Kingdom or British Isles, for the Officj commanding in chief Her Majesty's Forci there serving, instead of causing such Sej tence to be carried into execution, to ordj that the Offender be imprisoned, with without Hard l.abour, and with or withoj Solitary Confinement, for the same or suij lesser Term as shall seem meet to Hi Majesty, or to the Officers commanding aforesaid. Servitude may be com muted for Imprison- ment, &c. 21. WHEl CrifMi a. ' Puniahmmts. 63 21. WHERE an Award of any For- Of Forfei- jiture, or of Deprivation of Pay, or of^"^^*'.^^®" ;toppage8 of Pay, shall have been added ^"i;", Penal any Sentence of Penal Servitude, it shall Servitude. \e lawful for Her Majesty, or, if in any 4ace out of the United Kingdom or British \sleSf for the Officer commanding in chief [er Majesty's Forces there serving, in the rent of the Sentence being commuted for inprisonment, to order such Award of For- jiture, Deprivation of Pay, or Stoppages |f Pay to be enforced, mitigated, or re- litted, as may be deemed expedient. 22. ANY Court-martial may sentence Jo^^r to in- ly Soldier to Corporal Punishment not J^VuS" [tending to Life or Limb for Desertion, ment. Ir for disgraceful Conduct, Misbehaviour, |r Neglect of Duty, but no Sentence of /orporal Punishment awarded by a Kegi- lental Court-martial shall, except in the pase of Mutiny or gross Insubordination (ereinbefore mentioned, be put in execution Time of Peace without the Leave in ^riting of the General or other Officer )mmanding the District or Station in ^hich the Court may be held ; and no jentence of Corporal Punishment shall ex- jed Fifty Lashes. 23. IT shall be lawful for any General, Po^er to in- (istrict, or Garrison Court-martial, in ad- rafp^nTBh^ [ition to any Sentence of Corporal Punish- ^ent and lent, to award Imprisonment, with or Imprison- without ment. Crimes and Puniahmcnis. without Hard Labour, and with or without Solitary Confinement, such Confinement not exceeding the Periods prescribed by the| Articles of VVar. Ill Tower to 24. IN all Cases in which Corporal vheii im- Gaols. Court-martia' in aijy l^liiitary Prison in any Part of Her Majesty's 1 ominions or in the Ionian iMUiuh^ W\^ Ifec etary of State for ihe War F -apartment, or any Person duly nuthorized by him in that Behalf, shall have the like Powers in rc^ai ■. to the Discharge! 2:Di\ Delivery over of such Prisoners to Mili- tary Cr^tody as ay be lawfully exercised I by aiiy of th*: Military Authorities above | mentioned in respect of any Prisoners under- going Confinement as aforesaid in any public I Prison other than a Military Prison,or in any Gaol or House of Correction in any Part of Her Majesty's Dominions; and such Piisoner, in any of the Cases herein-before| mentioned, shall accordingly on the Pro- duction of any such Order as is herein- before mentioned, be discharged or delivered] over, as the Case may be : — VIDED always, that the Time during wliichj any Prisoner under Sentence of Imprison- ment by a Court-martial shall be detained in I such Military Custody under such Order] as aforesaid shall be reckoned as ImpriR>ii- ment under the Sentence for whatever! Purpose such Detention shall take pkce ; and such Prisoner may during such Time, either when on board Sliip or other j wise, be subjected to such Restraint as i> necessary for his Detention and Bemavixl. 32. THE Gaoler or Keeper of any public Prison, Gaol, House of Correction,! Lock-up House, or other Place of Confine-| ment in any Part of Her Majesty's Domi- Gaols, nions, shall diet and supply every Soldier prisoneJ in imprisoned therein under the Sentence of a J^^'"J^^'* Court-martial or as a Deserter with Fuel and other Necessaries according to the Regulations of such Place of Confinement, and shall receive on account of every Sol- dier, during the Period of his Imprisonment, in Great Britain and Ireland One Shilling per Dieni, and in other Parts of Her Ma- Ijesty's Dominions Sixpence per D^Vm, which the Secretary of State lor the War Depart- ment shall cause to be issued out of the Sub- sistence of such Soldier, upon Application in Writing signed by any Justice within whose Jurisdiction such Place of Contiue- ment shall be locally situated, together with a Copy of the Order of Commitn\ont, and which Sum of One Shilling or of Six- pence f)^r Diem, as the ('use nuw bo, sl^all be carried to the C\\\\\{ of the Vuuxl trom which tlw ExpeuvV^^ of such Placx^ of Con- fiuen>{MU \s defrayed ; in Inilii the Ex- |>e^NVS incurred under the Proviv^ions of thiii Section shall be paid in the same jNUwner as the othov Kxpensv^s of such Pri- s«.>n, or as may W provided by the Laws or Kegulations to bo made in \\\i.\\ Behalf. 33. FVEUl Gaoler or Keeper of any Expiration public Prison, Gaol, Hou^i> ol Correction, "^ bnpHson- or other Place of Coniinement, to whom ^oijjers in any Notice shall have been given, or who Commou shall have Keason to know or believe, thatGuola. any Person in his Custody for any Ollence, Civil or Military, is a Soldier liable to serve u Desertion. Her Majesty on the Expiration of his Im- prisonment, shall forthwith, or as soon asl may be, give, if in Great Britain to the Secretary of State for the War Department,! and if in Ireland to the General command- ing Her Majesty's Forces in Ireland, or ifl in India to the Adjutant General of thel Army, or to the nearest Military Authority] with whom it may be convenient to com- municate. Notice of the Day and Hour onl which the Imprisonment of such Person will expire; and every such Gaoler or Keeper is hereby required to use his best Endeavours to ascertain and report in all| Cases where practicable the particular Re- giment or Corpp, Battalion of a Regiment! or Battery of Artillery, to which such Soldier belongs, and also whether he belongs to the Depdt or the Head Quarters of his Regiment ; and in the event of his being a Recruit who has not joined, that it may be so stated in liis Report, together with the Name of the Place where the Man enlisted :| IN all Cases where the Soldier in Cus- tody is under Sentence to be discharged! from the Service on the Completion of his Term of Imprisonment, and the Discharge Document is in the Hands of the Gaoler, such Gaoler shall not be required to make any Report thereof to the Secretary of I State for War, or to the Military Autho- rities herein-before referred to. Apprelien- 34. UPON reasonable Suspicion that! BiQUQiDQ' ^ Person is a Deserter it shall be lawful for Desertion. T5 luuu hy Consta!)le, or if no Constable can be scrtem in imediately met with, then for any Officer !^*' y'"t<^ \t Soldier in Her Majesty's Service, or other '"^' ^^ 'arson, to apprehend or cause to be appre- hended such suspected Person, and forth /ith bring him or cause him to be brought 'fore any Justice living in or near the Mace where he was so apprehended and [cting for the County or Borough wherein ich Place is situate or for the County [djoining such first-mentioned County or ich Borough ; and such Justice is [ereby authorized and required to inquire whether such suspected Person is a Deserter, Ind from Time to Time to defer the said Inquiry and to remand the said suspected 'arson in the Manner prescribed by an Act iassed in the Eleventh and Twelfth Years if the Reign of Her present Majesty, /hapter Forty-two, Section Twenty-one, [nd subject to every Provision therein con- lined, and if it shall appear to the Satisfac- ion of such Justice by the Testimony of )ne or more Witnesses, taken upon Oath, ir by the Confession of such suspected 'arson, confirmed by some corroborative evidence upon Oath or by the Knowledge ^f such Justice, that such suspected Person a Deserter, such Justice shall forthwith fause him to be conveyed in civil Custody the Head Quarters or Depdt of the Regi- lent or Corps to which he belongs, if [tationed within a convenient and easily- accessible Distance from the Place of Com- dtmeuc, or it not so stationed then to the V : I 76 Dcteriion, nearest or most convenient public Prisonl (other th^n a Military Prison set apartl under tlie Authority of his Act) or Policel Station legally provided as a Lock-up Housel for temporary Confinement of Persons taken! into Custody, whether such Prison or Police! Station be in the County or Borough inl wliich such suspected Person was appre-l hended or in which he was committed, orl not ; or if the Deserter has been! apprehended by a Party of Soldiers of hisl own Regiment or Corps in charge of al Commissioned Officer, such Justice mayl deliver him up to such Party, unless the! Officer shall deem it necessary to have the! Deserter committed to Prison for safe CusJ tody; and such Justice shall transmiti an Account of the Proceedings, in the Foni prescribed in the Schedule annexed to thisi Act, to the Secretary of State for the Warj Department, specifying therein whethersucl Deserter was delivered to his Regiment orl Corps, or to the Party of his Regiment orj Corps, in order to his being taken to thel Head Quarters or Depdt of his Regimentf or Corps, or whether such Deserter was! committed to Prison, to the end that thel Person so committed may be removed bjl and Order from tlie Office of the said Secre-f tary of State and proceeded against accord- ing o Law ; and such Justice &hall| also sent to the said Secretary of State a Report stating the Names of the Persons by whom or by or through whose Means! the Deserter was apprehended and secured J Desertion. 77 - and the said Secretary of State shall hransniit to such Justice an Order for the [Payment to such Persons of such Sum not [exceeding Forty Sliiilings as the said Se- cretar}' of State shall be satisfied that are [entitled to according to the true Intent and [Meaning of this Act ; and for such [Information, Commitment, and Report as [aforesaid the Clerk of the said Justice j^hall [be entitled to a Fee of Two Shillings and 10 more ; and every Gaoler and other Person into whose Custody any Person charged with Desertion is committed shall immeJiately upon the Receipt of the Person so charged into his Custody pay such Fee of Two Shillings, and also upon the Pro- duction of a Receipt from the Medical |Practitioner who, in the Absence of a Military Medical Officer, may have been required to examine such suspected Person, a Fee of Two Shillings and Sixpence, and shall notify the Fact to the Secretary of State for the War Department, and transmit also to the said Secretary of State a Copy of the Commitment, to the end that such Secretary of State may order Repayment of such Fees ; and when any such In Her _ erson shall be apprehended and committed Majesty's as a Deserter in any Part of Her Majesty's xjommbns. Foreign Dominions the Justice shall forth- with cause him to be conveyed to some public Prison, if the Regiment or Corps to which he is suspected to belong shall not be in such Part, or, if the Regiment or Corps be in such Part, the Justice 7$ IJeatrtum, may deliver him into Custody at the nearest Military Post if within reasonable Distance, although the Regiment to which such Person is suspected to belong may not be stationed at such Military Post ; and such Jus- tice shall in every Case transmit to the General or other Officer commanding a Descriptive Return in the Form prescribed in the Schedule to this Act annexed, to the end that such Person may be removed by Order of such Officer, and proceeded against according to Law ; and such Descriptive Return, purporting to be duly made and subscribed in accordance with the Act, shall, in the Absence of Proof to the contrary, be deemed sufficient Evidence | of the Facts and Matters therein stated : — Transfer of PROVIDED always, that any such Person I Deserters, go committed as a Deserter in any Part of Her Majesty's Dominions shall, subject to the Provisions herein-after contained, be liable to be transferred by Ordel of the General or other Officer commanding to serve in any Regiment or Corps or Dep6t nearest to the Place where he shall have! been apprehended, or to any other Regi- ment or Corps to which Her Majesty may I deem it desirable that he should be trans- ferred, and shall also be liable after such Transfer of Service to be tried and punished | as a Deserter. As to the 35, EVERY Gaoler or Keeper of any I temporary public Prison, Gaol, House of Correction,! Custody of Lock-up House, or other Place of Coniine- Desertion. 7# ment in any Part of Her Majesty's Domi- Posorten in nions, is hereby required to receive and^'***'*' confine therein every Deserter who shall be delivered into his Custody by any Soldier or other Person conveying such Deserter under lawful i\uthority, on I'roduction of the Warrant of the Justice of the Peace on which such Deserter shall have been taken, or some Order from the OfUce of the Secretary of State for the War Depart- ment, which Order shall continue in force until the Deserter shall have arrived at his Destination ; and such Gaoler or Keeper shall be entitled to One Shilling for the safe Custody of the said Deserter while halted on the March, and to such Subsistence for his Maintenance as shall be directed by Her Majesty's Regulations. 36. ANY Recruit for Her Majesty's r^esertion Army who, having been attested or received of Recruits Pay other than Enlisting Money, shall jJJJnYng^eir desert before joining the Regiment or Corps Regiments for which he has enlisted, shall, on being or Corps. appreliended, and committed for such Deser- tion by any Justice of the Peace upon the Testimony of One or more Witnesses upon Oath, or upon his own Confession, forfeit his personal Bounty, and be liable to be transferred to any Regiment or Corps to Depot nearest to the Place where he shall have been apprehended, or to any other Regiment or Corps to which Her Majesty may deem it more desirable that he should be transferred:. PROVIDED always, «d Desertion. that such Deserters thus transferred shall not be liable to other Punishment for the Offence, or to any other Penalty except the Forfeiture of their Personal Bounty. Fraudulent 37. ANY Person who shall confess I SSlsertion ^^^^^^^ *^ ^® ^ Deserter from Her iMajesty'5 Forces, or from the Embodied Militia, shall j be liable to be taken before any Two Jus- tices of the Peace acting for the County, District, City, Burgh, or Place where any such Person shall at any Time happen to be when he shall be brought before them, and on Proof that any such Confession as aforesaid was false, shall by the said Justices be adjudged to be punished,* if irJ Englctnd as a Rogue and Vagabond, and if elsewhere by Commitment to some Prison or House of Correction, there to be kept| to Hard Labour for any Time not exceed- ing Three Calendar Months ; and if, I when such Person shall be brought before the said Justi'^es, it shall be proved to their Satisfaction that such Confession has been made, but Evidence of the Truth or False- hood of such Confession shall not at that Time be forthcoming, such Justices within the United Kingdom are hereby required to remand such Person in the Manner herein- before mentioned, and to transmit a State- ment of the Case to the Secretary of State for the War Department, with a Request to be informed whether such Person appears | to belong or to have belonged to the Regi- ment or Corps from which he shall have sol Extensicm of Furlough, confessed himself to have deserted ; — and a Letter from the War Office in reply thereto, referring to such Statement, and purporting to be signed by or on behalf of the Secretary ot State for the War Depart- ment, shall be admissible in Evidence against such Person, and shall be deemed to be legal Evidence of the Facts stated therein, and on the Receipt thereof the said Justices shall forthwith proceed to adjudi- ciate upon the Case. 81 oil 38, WHEN there shall not be any Furl Military Officer of Rank not inferior to^''^'^^* Captain, or any Adjutant of Regular Mi-"^^** litia," within convenient Distance of the Place where any Non-commissioned Officer or Soldier on Furlough shall be detained by Sickness or other Casualty rendering necessary any Extension of such Furlough, it shall be lawful for any Justice who shall be satisfied of such Necessity to Grant an Extension of Furlough for a period not exceeding One Month ; — —and the said Justice shall by Letter immediately certify such Extension and the Cause thereof to the Commanding Officer of the Corps or Detachment to which such Non-commis- sioned Officer or Soldier belongs, if known, and if not then to the Agent of the Re- giment or Corps, in order that the proper Sum may be remitted to such Non-com- missioned Officer or Soldier, who shall not during the Period of such Extension of 6 Furlough Sick- K" '" 4 82 1 ih Ko Person acquitted or convicted by the Civil ^laj^istrate or by a Jury to be tried by a Court- martial for the same Otieace. Extension of Furlough, Furlough be liable to be treated as a De- serter: PROVIDED always, that no- thing herein contained shall be construed to exempt any Soldier from Trial and Pu- nishment, according to the Provisions of this Act, for any false Representation made by him in that Behalf to the said Justice, or for any Breach of Discipline committed by him in applying for and obtaining the said Extension of Furlough. 39. NO Person subject to this Act, having been acquitted or convicted of any Crime or Offence by the Civil Mao^istrate, or by the Verdict of a Jury, shall be liable to be again convicted for the same Crime or Offence by a Court-martial, or to be punished for the same otherwise than by cashiering in the Case of a Commissioned Officer, or in the Case of a Warrant Officer by Reduction to an inferior Class or to the Rank of a Private Soldier by Order of the Commander-in-Chief, or in the Case of a Non-commissioned Officer by Reduction to the Ranks by Order of the Commander-in- Chief or of the Colonel, or in the Militia by Order of the appointed Commandant of | the Regiment or Corps ; and whenever any Officer or Soldier shall have been tried | by any Court of ordinary Criminal Juris- j diction, the Clerk of such Court or other Officer having the Custody of the Records of such Court, or the Deputy of such Clerk, shall if required by the Officer command- ing Privileges of Soldiers. 83 ing the Regiment or Corps to which such OlHcer or Soldier shall belong, tranj^mit to him a Certificate, setting forth the Offence of which the Prisoner was convicted, to- gether with the Judgment of the Court thereon if such Officer or »Soldier shall have been convicted, or of the Acquittal of such Officer or Soldier, and sliali be allowed for such Certificate a Fee of Three Shillings. 40. ANY Person attested for Iler Ma- SoMlors jesty's Army, or serving on the permanent ''/[l^'*^ ^^ ^®„ Staff of the Disembodied Militia or Vo- nJr Ma- hmteers other than as a Commissioned jesty'a Ser- Ollicer, shall be liable to betaken out of vice only for Her Majesty's Service only by Process ^^j^^^'j^^^''- or Execution on account of any Charge ^^"f^r^Debts of Felony or of Misdemeanor, or of any ainountinrj Crime or Oifence other than the Misde- to 30/. and meanor of absentin;^ himself from his ^•P^^'^^s- Service, or neglecting to fulfil his Contract, or otherwise misconducting himself respect- ing the same, or ine Misdemeanor of lefus- ingto comply with an Order of Justices for the Payment of Money, or on account of an original Debt proved by Affidavit of the PlaintifFor of some one on his Behalf to amount to the Value of Thirty Pounds at the least, over and above all Costs of Suit, such Affidavit to be sworn, without Pay- ment of any Fee, before some Judge of the Court out of which Process or Execution shall issue, or before some Person autho- rized 81 Soldiers not liable lo bo taken out of JJer Ma- jesty's Ser- vice for Debts under 80/., 01 for not main- taitiinnr their Families, or for lireaeh of Contract. Privileges cf Soldiers. rized to take Affidavits in siich Court, of which Affidavit, when duly filed in such Court, a Memorandum shall, without Fee, be endorsed upon the Back of such Process, stating the Facts sworn to, and the Day of filing such Affidavit; but no Soldier or other Person as aforesaid shall be liable by any Process whatever to appear before any Justice of the Peace or other Authority whatever, or to be taken out of Her Majesty's Service by any Wrif, Summons, Warrant, Order, Judgement, Execution, or any Process whatsoever issued by or by the Authority of any Court of Law, or any Magistrate, Justice or Justices of the Peace, or any other Authority whatsoever, for any original Debt not amonnting to 1 hirty Pounds, or for not supporting or maintaining, or for not having supported or maintained, or for leaving or having left chargeable to any Parish, Township, or Place, or to the Common Fund of any Union, any Relation or Child which such Soldier or Person might, if not in Her Majesty's Service, be compellable by Law to relieve or maintain, or for neglecting to pay to the Mother of any Bastard Child, or to any Person who may have been ap- pointed to have the Custody of such Child, any sum to be paid in pursuance of an Order on that Behalf or for the Breach of any Contract, Covenant, Agreement, or other Engagement whatever, by Parol or in Writing, or for f'aving left or deserted his Employer Privileges of Soldiers. Employer or Master, or his Contract, Work, or Labour, or misconducting him- self* respecting the same, except in the Case of an Apprentice, or of an inilenturcd Labourer, as herein-atter described ; and all Summonses Warrants, CoiTimitments, Indictments, Convictions, Judgments, and Sentences, on account of any of the Matters for which it is herein declared that a Soldier or other Person as aiinesaid is not liable to be jaUen out of Her Majesty's Service, shall be utterly illegal, and null and void, to all Intents and Pur- poses ; and any Judge of any such Court may examine into any Complaint made by a Soldier or hy his Superior Ollker, and by Warrant under his Hand discharge sucli Soldier, without Fee, ho being slicwn to have been arrested contrarv to tl' Intent of his Act, and snail award reasonable Costs to such Complainant, who shdl have for the Kecovery thereof the like Remedy as would have been appli- cable to the Recovery of any Costs which, might have been awarded against the Com- plainant in any Judgment or Execution as aforesaid, or a Writ of Habeas corpus ad subjiciendum shall be awarded or issued, and the Discharge of any such Soldier out of Custodv shall be ordered thereupon ; PKOVJDEI) that any Plaintif, upon No- tice of the Cause of Action first given in Writing to any Soldier, or left at his last Quarters, may proceed in any Action or Suit 85 . 'V 86 Priuikges of StjhUers. Suit to Judgment, and have Fxeculion other tlian against the Body or Military Necessaries or |^!quipments of such Soldier; PROVIDKI) also, that nothing here- in contained relating to the leaving or deserting a Master or Employer, or to the Breach nf any Contract, Agreement, or Engagement, shall apply to Persons who shall he really usd bond fide Apprentices, duly bound, '^mder the Age of Twenty-one Years, or to indentured Labourers, as herein-after prescribed. Officers not 41. NO Person who shall be commis- or Mfo^"' ^"^^^"^^^ and in full Pay as an Omcer shall a)ois. 1^^ capable of being nominated or elected to be Sheriff of any County, Borough, or other Place, or to be Mayor, Portreeve, Alderman, or to hold any Office in any Municipal Corporation in any City, Bo- rough, or Place in Great Britain or lic- lancL Questions to be put to Retjriiits on enlistinir. ..^4 42. EVERY Person authorized to enlist Recruits shall first ask the Person offering to enlist, whether he belongs to the Militia, and also such other Questions as the Mili- tary Authorities may direct to be put to Recruit*, and shall immediately after giving him Enlisting Money serve him with a Notice in the Form set forth in the Sche- dule to his Act annexed. 43. EVERY Enlistment 87 43. EVERY Person who shall receive Reomits, Enlisting Money in manner aforesaid, ^J"!'^" knowing it to be such, shall, subject to ^o^enLte?!. the Provisions herein-after contained, upon 3uch Receipt be deemed to be enlisted 18 a Soldier in Her Majesty's Service, and while he shall remain with the Recruiting Party shall be entitled to be billeted. 44. EVERY Person so enlisted as When Re- iforesaid shall within Ninety-Six Hours ^"""'^ f*^^® (any intervening AS^w/i(/ay, Christmas -^«y» a^Justice ^^* Dr Good Friday not included), but not sooner than Twenty-four Hours after such Enlistment, appear, together with some Per- son employed in the Recruiting Service, before a Justice of the Peace, not being an Officer of the Army, in order that he may be attested by making the Declaration and taking the Oath herein-afler mentioned, or may have an Opportunity of objecting to his Enlistment ; and upon such Ap- pearance, the Justice or some Person deputed by him shall fill up the Decla- ration set forth in the Schedule to this Act annexed, first asking the Recruit the Questions that are requisite for that Pur- pose, and cautioning him that if he should make any wilfully false Answer thereto, he will be liable to be punished as a Rogue and Vagabond. 45. WHEN a Recruit upon appearing Dissent ar;ischarge to the Inspecting Field f>tFjcer of the District, or in the Ca«e of a Recruit enlisted at the Head Quarters oi Depdt of a Regiment to the Officer corn* manding tM same ; but ii'the Kecruit so dissentin-r sh-all not allege or shall not satisfy the Sw^^'if, *jaat the Enlistment wai effe4^ect ol Pay, and o^ a fuf^ier 8um of Twenty Shillings as Smart Mo*-^^-*^ he wn be entitled to l^e disrha ^ nd the Sum paid by such Kecruit Uj Discharge shall be kept by the Ju'-icr, <;id, after deducting thereirom 0:je ishilliug as the Fee for reporting the Payment to the Secretary of State for the War Department and to the Inspecting Field Ollicer of the District, shall be paid over to any Person belonging to the Recruiting Party who may demand the same ; and the Justice who shall discharge any Recruit shall in every Case give a Certificate thereof, signed with his Hand, to the Recruit, specifying the Cause thereof. Attesting of 46. IF the Recruit on appearing before Kecruii:?. ^ Justice shall not dissent from his Enlist- ment, Enlistmenl. H9 bient, or dissenting shall within Twenty- lour Hours return and decLire that he is inabie to pay the Sums mentioned in the last Section, the Justice shall require him |o make the Declaration herein-before men- ioned in the usual Manner, and shall then [dminister to him the Oath of Allegiance the Form set forth in the Schedule to his Act annexed ; and when the Re- jriiit shall have signed the said Decla- jation, and taken the said Oath, the Justice |lia]l attest the same by his Signature, and hall deliver to the Recruiting Officer the )eclaration so signed and attested ; jnd the Fee for such Attestation, including |lie Declaration and Oath, shall be One Shilling and no more ; and any Recruit khall, if he so wish, be furnished with a jiertified Copy of the above-mentioned De- jlaration by the Officer who finally ap- >roved of him for the Service. 47. NO recruit, unless he vshall have )een attested or shall have received Pay )ther than Enlisting Money, shall be liable [o be tried by Court-martial ; but if my Recruit, previously to his being attested, [hall by means of any false Answer obtain enlistment Money, or shall make any false Statement in his Declaration, or shall refuse [o answer any Question duly authorized to )e put to Recruits for the Purpose of filling ip such Declaration, or shall refuse or leglect to go before a Justice for the Purposes Recruits, until they have been attested or received I'ay, not tiiable by Court- martial ; l)ut in certain Cases pun- ishablo as Kofjues and Vagabonds. n 90 Mliiaiment, ii Purposes af\)resaid, orj having dissent<> from ])is Enlistment, shall wiliully omit return and pay such Money as a^'oresai^,] ill any of such Cases it shall be lawful fo any fwo Justices within the United Kinj doni, or for any One Justice out of tt United Kingdom, acting lor the Countjl District, City, Burgh, or Place where ad such Recruit shall at any Time happen ii be, to adjudge such Hecruit, when he shall be brought before them or him, if in Em] laniU to be a Rogue and Vagabond, and sentence him to be punished accordingl?! and if in Scotland or Ireland^ or elsewhen in Her Majesty's Dominions, to be impi soned with Hard Labour in any Prison House of Correction for any Period no exceeding Three (calendar Months ;- and the Declaration made by the Recruij on his Attestation purporting to be mada ani subscribed in accordance with m Schedule to this Act annexed shall, in tlij Absence of Proof to the contrary, deemed sufficient Evidence of such liecruij having represented the several ParticularJ as stated in such Declaration. ,i4j. Attested Re- cruits triable in some Cases either before Two Justices or before a Court- martial. 48. ANY Recruit who shall have beefl attested, and who shall afterwards be disj covered to have given any wilfully falsf Answer to any Question directed to be puj to Recruits, or shall have made any wilfulli false Statement in the Declaration hereinj before mentioned, shall be liable, at thi DiscretioJ ! \ Enlistment, Ji«cretion of the proper Military Autho- tii's, to be proceeded against before Two Justices in the Manner heroin-l)efore men- loiicd, and by them senten( cd accordingly, V to be tried bv a District or Garrison [ourt-martial for ♦' », same, and punished such Manner : h Court shall direct 91 40. IF any » .i shall abscond, so Rocmits lat it is not possible' immediately to ap- a^^^-'^'^^liog- rehend and bring liim before a Justice for Ittestation, the Recruiting Party shall pro- lice to the Justice before whom the Kecruit light regularly to have been brought for lat Purpose, a Certificate of the Name and Kice of Residence, and Description of such [ecniit, and of his having absconded, and lall declare the same to be true : and ^e Justice to whom i^uch Certificate shall prochiced shall transmit a Duplicate lereof to tho Secretary of State lor the ar Department, in order that the same |ay appear in the Police Gazette, 50. IF any Man while belonging to a Militiamen lilitia Regiment, or to the permanent ?"'^{I"^' , aff of the V^oluntcer Force, shall enlist Forces.'' and be attested for Her Majesty's Army, shall be liable to be tried before a Court- |artial on a Charge for Desertion ; it it shall be lawful for the Secretary of [ate for the VVar Department, on the Con- ssion thereof bv such Man, to order that lieu of his being so tried he shall be subjected IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I "IB |M £ la 12.0 11-25 II 1.4 U m Hiotographic Sciences Corporation 33 WIST MAIN STREIT WiBSTER.N.Y. 145tO (716) t72-4S03 .^ ds Enlistment n'*h H subjected to a Stoppage of One Penny Day of his Pay for Eighteen Calenc Months, to be applied as the said Secrets of State shall direct, and further to det mine whether such Man shall be returi to his Militia Regiment, or to the permane Staff of the Volunteer Force, as the Ca may be, after such Sum shall have made good, or shall be deemed to be Soldier, in the same Manner as he won have been if he had not been a Militiama or on the permanent Staff of the Volunt Force, at the Time of his Attestation, which latter Case his Service as a Soh shall not be reckoned for Pension the Day on which his Engagement for Militia, or Attestation en the permane Staff of the Volunteer Force, would ha^ Expired: PROVIDED that in Case of the Militia should the Regiment! within the United Kingdom the Secret of State far the War Department shall make such Order without the Consent the Commanding Officer of the Milill Regiment from which the Man shall hai deserted. rmmhment 51. EVERY Person subject to tli of Persona ^^^ ^j^^ gj^j^jj ^i[fuiiy act contrary to ai aj^aillst Uw3 ^^ ^*^ Provisions in any Matter relatingj relating to the enlisting or attesting of Recruits Enlistment. Her Majesty's Army shall be liable to tried for such Offence before a Gepei District, or Garrison Court-martial, and I EnUstmenU 98 sentenced to such Punishments other ban Death or Penal Servitude as such Durts may award. 52. IT shall be lawful for any Justice EnHstment [.the Peace or Person exercising the Office *"^ J"'®" a Magistrate within any of Her Majesty's and Transfer dominions abroad, or in any Colony, for to another ly other Person duly authorized in that Corps jhalf by the Governor or Officer admi- ^^^^^*^- ^staring the Government of such Colony ; or in the Ionian Islands, for any [erson duly authorized in that Behalf by \e Lord High Commissioner ; or in fer Majesty's Dominions in India for any [erson duly authorized in that Behalf by \e Governor General or Lieutenant Gover 'li. 3 V I '- ■mm I* . ... m ' 1 vs iM M « :l il J^ '■ Soldiers transferred from one Service to another. EnlistmenL Attestation ;— — but no such Magistrate other Person authorized to enlist attest as above mentioned shall be a Genei Officer or hold any Regimental Commission a nd all such Appointments, past an future, and everything done or to be don under them, shall be valid and of full Effe notwithstanding the Expiration of this At or of any other Act of Parliament ; — and any Person so attested shall be deeme to be an attested Soldier ; and as ofte as any Corps shall be relieved or disbande at any Station beyond the Seas it shall lawful for any Officers thereunto authoris by the Officer commanding in chief at sue Station to receive as Transfers as many the Soldiers belonging to the Corps leavii the Station as shall be willing and fit fd Service for any Corps appointed to remainj and every Soldier so transferred hereby deemed to be dir ' jged from former Corps, and an atk > i Certificate Transfer shall be delivered to the Soldic 53. IT shall be lawful for the Coi mauder-in-Chief, or for any Officer autho rized by him in that Behalf, to direct tl any Soldier attested for any one Branch the Service shall, on the Application of ' Commanding Officer, and with his oi Consent, be transferred to some othe Branch of the Service, or to some othe Regiment or Corps in the same Branch the Service, either within the United Kins doi UnUUment, iom or elsewhere ;— -and every Soldier transferred shall be deemed to be die- sharged from his former Corps, and shall lave a Certificate of Transfer delivered to ,— r— but any Soldier attested for the itry, and at his own Request trans- Brred to the Cavalry, Artillery, or £n- leers, shall be bound to serve for the fhll ["erm of such Service as if originally en** isted therein, and anv Soldier at his own lequest transferred nrom either of such sfore-mentioned Services to the Infantry ill be liable to serve for the Term of original Enlistment : PROVIDED Iways, that any Soldier who may have [olanteered for the Army Hospital Corps dl be liable, by Order of the Military Luthorities above mentioned, to be re- isferred to his formdr Corps for Mis- )nduct. Unfitness, or any other reasonable Eause* 95 Ik 'M ■in .Mm ■ u ■it 54. ANT Soldier at any Time during He-engage- le last Six Months of the Term of limited "^^^^ ^^ . . rice for which he shall have first enga- ^ fo^", i, or after the Completion of such Term, xerm. kay, with the Consent of his Commanding [fficer, if approved by competent Military futhority as a fit Person for Her Majesty's 3nrice, be re-engaged to serve for the irther Term of Eleven Years in the In- itry, and Twelve Years in the Cavalry, ' Nine Years in the Artillery or Engi* iers, upon making a Declaration, in the ' Form 96 Enlutment, Fonn given in the Scbedale annexed to 11 Act, before any One of Her Majesty's Ji tices of the Peace in Great Britain or In land, or if not in Great Britain or Irelm before any Person duly appointed to enlii and attest out o£ Cheat Britain and Irelan^ any Soldiers or Persons desirous of enlis ing or re-engaging in Her Majesty's ServiceJ and on the Expiration of the Secoi Term of limited Service for which ani ^ Soldier shall have engaged, the said Secoi Term of limited Service may be prolongc for such further Time, not exceeding Ti Years, as shall be directed by the Command ing Officer of the Station where such Soldie may be at the Time of the Expiration such Service ; and any Soldier who shi give Notice to hisCommandingOfficer, ai completing his Second Term of limited Ser vice, that he is desirous of continuing in He Majesty's Service, and being approved competent Military Authority, may be con tinned in such Service as a Soldier so long i he shall desire to be so continued, and unt the Expiration of Three Calendar Mont after he shall have given Notice to his Coi manding Officer of his Wish to be discha ged, and fcr that Purpose shall be cons dered in all respects during such Time asi his Term of Service were still unexpii Enlistment 55. ALL Negroes or Persons of Co of Negroes, jquj ^ho, although not bom in any of Hfl Majesty's Colonies, Territories, or Foi sioi '^ JfnUitmenL sions, shall bare yoluntaiily enlisted into Her MajMty's Service, shall, while seiring, I be deemed to be Soldiers legally enlistra into Her Majesty's Seryice, and be entitled jto all the Privileges of natural-bom Sub- its; and all Negroes ptirchased by for on account of Her Majesty previous to |the total Abolition of Slavery throughout Ihe British Colonies, and serving in any of |Her Majesty's Forces, and all Negroes who iftve been seized and condemned as Prize inder the Slate Trade Acts, and appointed- serve in Her Majesty's Army, shall be leemed to be and shall be entitled to all the^ advantages of Negroes or Persons of Colour voluntarily enlisted to serve as Soldiers in my of Her Majesty's Colonial Forces; 56. ANT Person duly bound as an Apprentice in Gfteat Britain or Ireland^ or an indentured Labourer in any of Her fajesty's Colonies or Possessions abroad, rho shall enlist as a Soldier in Her Majesty's Lrmy, and shall falsely state to the Magis- ite before whom he shall be carried and ttested that he is not an Apprentice or identiired Labourer as aforesaid, shall be smed guilty of obtaining Money under ilse Pretences, if in England o» in Ireland^ }t in the Colonies or Possessiohs afereskid fnd of Falsehood, Fraud, and wilful Im** )sition, if in Stofiand, and shall after the Expiration of his Apprenticei^ip, or of his identure as a Laboureri whether he shall 1 have W r ^ \'^ K Apprentice '^"'M. enlisting to ^ : '■ be liable to ,i'»>. serve after the Expira- tion of his Apprentice- ship. » 98 Claims of Masters to Appren- ticeSk ■m^ i: : 11 ■•4*ii.if' ■'^K: Enli8tmeni have been so convicted and punished or not, be liable to serve as a Soldier in Her Majesty's Army, according to the Terms of the Enlistment, and if on the Expiration of his Apprenticeship, or of his indenture I as a Labourer, he shall not deliver himself up to some Officer authorized to receive Recruits, such Person may be taken as a Deserter from Her Majesty's Army ; and no Master shall be entitled to claim an Apprentice or an indentured Labourer as aforesaid who shall enlist as a Soldier in Her Majesty's Army, or shall be serving in the Embodied Militia, unless he shall, within One Calendar Month after such Apprentice or indentured Labourer shall have left his Service, go before some Justice, and take the Oath mentioned in the Schedule to this Act annexed, and shall produce the Certificate of such Justice of his having taken such Oath, which Certificate such Justice is required to give in the Form in the Schedule to this lActl annexed, and unless such Apprentice shall| have been bound, if in England, for thel full Term of Five Tears, not having beenl above the Age of Fourteen when so bound,! and if in Ireland or in the British IsleSf fo^ the full Term of Five Years at the let not having been above the Age of Sixteen when so bound, and if in Scotland, for th^ full Term at least of Four Years, by regular Contract or Indenture of Apprenj ticeship, duly extended, signed, and test ano aqd binding on both Parties bj the Law of Scotland^ prior to the Period of Enlistment, and unless such Contract or Indenture in Scotland shall, within Three Months after the Commencement of the Apprenticeship, and before the Period of Enlistment, have been produced to a Justice of the Peace of the County in Scotland wherein the Parties reside, and there shall have been endorsed thereon bj such Justice a Certificate or Declaration signed by him, specifying the Date when and the Person by whom such Contract or Indenture was so produced, which Certificate or Declaration such Jus- tice of the Peace is hereby required to en- dorse and sign, arid unless such Apprentice shall, when claimed by such Master, be under Twenty-one Years of Age : PROVI- DED always, that any Master of an Ap- prentice indentured for the Sea Service, or of any indentured Labourer in Her Majesty's Colonies or Possessions abroad, shall be entitled to claim and recover him in the Form and Manner above directed, not- withstanding such Apprentice or indentured Labourer may have been bound for a less Term than Five or Four Years as aforesaid .* PROVIDED also, that any Master who shall give up the Indentures of his apprentice or of his Labourer as aforesaid within Onie Month after the enlisting of such Apprentice or indentured Labourer shall be entitled to receive to his own Use so much of the Bounty payable to such Recruit as 09 ■, V 1 4^t ■ W ft ' If ■ IDg ■ill :*■'■ 100 SnUttfMnt. M shall not have been paid to looh Recruit before Notice given of his being an Appren« tiee or an indentured Labourer. Puniflbment 57. NO Apprentice or indentun>d La- of Appren- boufer claimed by his Master as aforesaid ticea enhflt- ^^^^^ y^ ^^^^ f,^^ ^y ^^^^ ^ Recruiting Party, except under a Warrant of a Justice residing near, and within whose Jurisdiction oUch Apprentice or indentured Labourer shall then happen to be, before whom he shall be carried ; and such Justice shall inquire into the Matter upon Oath, which Oath he is hereby empowered to administer, and shall require the Production and Proof of the Indenture, and that Notice of the said Warrant has been given to the Com* manding Officer, and a Copy thereof left with some Officer or Non-commissioned Officer of the Party, and that such Person so enlisted declarea that he was no Appren- tice or indentured Labourer ; and such Justice, if required by such Officer or Non- commissioned Officer, shall commit the Offender to the Common €raol of the County, Division, or Place for which such Justice is acting, and shall keep tiie Indenture to be produced when required, and shall bind over such Person as he may think proper to give Evidence against the Offender, who shall be tried at the next or at the Ses- sions immediately succeeding the next Ge- neral or Quarter Sessions of such County, Division, or Place, unless the Court shall for SnUikMnt, 101 for juit Cause put off the Trial ; and the Production of the Indenture! with the Certificate of the Justice that the same was prored, shall be sufficient Evidence of the ' said Indenture ; -a nd ererj such Of*- f* fender, in Scotland^ may be tried bj the Judge Ordinary in the County or Stewartry, in such and the like Manner as any Person may be tried in Scotland for any Offence not inferring a Capital Punishment: PROVIDED always, that any Justice not required as aforesaid to commit such Ap- prentice or identured Labourer may deliver him to his Master. 58. NO Person who shall for Six Removal of Months, either before or after the passing ?*'"*'**«" *• of this Act, have received Pay and been o/sold^eJJ! borne on the Strength and Pay List of any Begiment or Corps, or Dep6t or Battalion of a Regiment or Corps (of which the last Quarterly Pay List, if produced, shall be Evidence), shall be entitled to claim hid Discharge on the Ground of Error of Ille- gality in his Enlistment or Attestation, or on any other Ground whatsoever ; but, on the contrary, every such Person shall be deemed to have been duly enlisted and attested. 69. NO Secretary of State for the War Aothoriaed Department, Paymaster General of the^^^J^^^"* ^rmy. Paymaster, or any other Officer, ^"^Je from whatsoever, or any of their under Officers, the Pay of shall the Army. *. 1 hi I t ' 102 shall receire any Fees or make any De- ductions whatsoerer, out of the Pay of any Officer or Soldier in Her Maiestvii Army, or from their Agents, which shall grow due from and after the Twenty-fifth Day of April One thousand eight hundred and sixty-three, other than the usual Deductions, or such other necessary Deductions as shall from Time to Time be autorized or required by Her Majesty's Regulations or Articles of War, or by Statute Twenty-six and Twenty- seven Victoria, Chapter Sixty-fiye, Section Eight (Volunteer Act), or by Her Majesty's Order signified by the Secretary of State for the War Department; and every Paymaster or other Officer who having received any Officer's or Soldier's Fay shall unlawfiilly detain the same tbr the Space of | One Month, or refuse to pay the same when it shall become due, according to the several Rates and agreeably to the several Regula- tions establisheil by Her Majesty's Orders, shall, upon Proof thereof before a Court- martial, be discharged from his Employ- ment, and shall forfeit One hundred Pounds, and the Informer, if a Soldier, shall, if he demand it, be discharged from any fiirther | Service. Suspending Operation of certain Acts herein recited. 60. AND whereas by Petition of Right in the Third Year of King Charles the First it is enacted and declared, that the People of the Land are not by the Laws to be burdened with the sojourning of Soldiers against against their Wills ; and by a Clause in an Act of the Parliament of Englaiult made in the Thirtj-first Year of th^" Keign of King Chafles the Second, for (^nting a Supply to His Majesty of Two hundred and six thousand four hundred and sixty- two Pounds Seventeen Shillings and Three- pence, for paying and disbanding the Forces, It is declared and enacted, that no Officer, Civil or Military, nor other Person whoso- ever, should thenceforth presume to place, quarter, or billet any Soldier upon any Subject or Inhabitant of this Realm, of any Degree, Quality, or Profession whatsoever, without his Consent, and that it shall be lawful for any Subject or Inhabitant to rie- fuse to quarter any Soldier, notwithstanding any Warrant or Billeting whatsoever ; AND whereas by an Act passed in the Parliament of Ireland in the Sixth Year of the Keign of Queen Anne, Chapter Four- teen, Section Eight, intituled An Act to \ prevent the Disorders that may happen by \the marching of Soldiers, and providing Carriages for the Baggage of Soldiers on their March, it was enacted, that no Officer, Soldier, or Trooper in the Army, nor the Servant of any Officer, nor any Attendant on the Train of Artilleiy, nor any Yeoman of the Guard or Battie-axes, nor any Officer commanding the said Yeomen, nor any Servant of any such Officer, should at any Time thereafter have received or be allowed any Quarters in any Part of Ireland, save only 103 !11 6 Anne, 14, 8. R. c. (I.) I . \ v.- 'I Vufl 104 li mm Oertain Re- quiremonts of 6 Anne, c. 14. (I.), ai to billeting in Ireland, not now Decessarj. :• BiOets, only during 9uch Time or Times as he or Jhey should he on their March aa in the iSame Act is hefore mentioned, or during . u3uch Time as he or thej should be and re- I main in some Seaport Town or other Place ^^ in the Neighbourhood of a Seaport Town An order to be transported, or during such /Time as there should be any Commotion ,in any Part of Ireland, by reason of which Emergency the Army, or any considerable , Part thereof, should be commanded to march "from one Part of Ireland to another : 'BUT forasmuch as there is and may he :, Occasion for the marching and quartering 4 of Regiments, Corps, Troops, and Compa- nies in several Parts of the United King- dom of Great Biitain and Ireland, the said several Provisions of the said recited Acts shall be suspended and cease to be of any Force or Effect during the Continuance of | this Act. 61. AND whereas by the Eleventh Section of the said Act of the Sixth Year of the Reign of Queen Anne, Chapter Fourteen, it is provided and enacted, that no Civil Magistrate or Constable should be obliged to find Quarters for or give Billets to more or other Soldiers than those only whose true Christian and Surnames should be delivered to him in Writing under the Hand of the Officer desiring Quarters or | Billets for such Soldiers at the Time such Quarters or Billets should be desired, and . that BiOds, 105 that all such Names should be written to- gether and delivered ip One Piece of Paper» signed as aforesaid, and that the Christian and Surnames of every Soldier to be quar- tered or billetedt together with the Name of * the Person on whom he or they should be billeted or quartered, should be given in Writing by the Constable or Civil Officer billeting or quartering such Soldier, and be contained in the Billet given by such Civil Officer: AND whereas it has been found inconvenient and difficuH to comply with all the Requirements of tht> tiaid Enact- ment: — — *It shall not be necessary, so long as this Act shall continue in force, for any Officer, upon the Occasion of his re- quiring Quarters or Billets for any Soldiers in Ireland, to deliver to the Constable or other Person whose l>uty it shall be to find or give the same any List of the Names of the Soldiers to be so quartered or billeted ; and it shall not be necessary for the Constable or other such Person as aforesaid to set forth in any Billet the Name of any Soldier to be billeted or quartered, but only the Number of the Soldiers, or the Number of the Soldiers and Horses respectively, as the Case may require, to be billeted or quartered on the Person named in the Billet, and to whom the same shall be ad- dressed* ;f^.tji«^3?4j isrm;; :v!f;^fv^v4au 62. IT shall be lawful for all Constables ^^^^^""^ of Parishes and Places, and other Persons Trc^p, may -^-— specified be buletod. i -ia rM U\'\ 106 r ' 4 i aa specified in thb Act, in Cheat Britain and Ireland, and they are hereby required, to billet the Officers and Soldiers in Her MaJ jesty's Senrice, and Oat-pensioners when assembled as a local Force by competeut Authority, and Persons receiving Pay in Her Majesty's Army, and the Horses belonging! to Her Majesty's Cavalry, and also all Stafl and Field Officers Horses, and all B&t andl Baggage Horses belonging to any of Herl Majesty's other Forces, when on actual Sep-I vice, not exceeiling for each Officer the! Number for which Forage is or shall be allowed by Her Majesty's Regulations, in A'ictualling Houses and other Houses speri*[ fied in this Act (taking care in Ireland not! to billet less than Two Men in One House,! except only in case of billeting Cavalry, m specially provided); and they shall bel received by the Occupiers of the Houses! in which they are so billeted, and be fur{ nished by such Victuallers with proper! Accommodation in such Houses, or if any! 'Victualler shall not have sufficient AccomJ madation in the House upon which a! Soldier is billeted, then in some good and! sufficient Quarters to be provided by such! Victualler in the immediate Neighbourhood,! and in Great Britain shall also be fumishedl with Diet and Small Beer, and in Cheati Britain and Ireland with Stables, Oat Hay, and Straw for such Horses as afore said, paying and allowing for the same the several Rates herein-after provided i.^..-. and BilleiB. -and at no Tii^i; when Troops are on March shall any of them, whether In- intry or Cavalry, be billeted above One [ile from the Place mentioned in the toute, Care being always taken that Billets made out for the less distant Houses in rhich suitable Accommodation can be Ifound, before making out Billets for the lore distant ; and in all Places where /avalry shall be billeted in pursuance of Ibis Act, each Man and his Horse shall be )illeted in One and the same House, except |n case of Necessity ; and, except in me of Necessity, One Man at least shall be )illeted where there shall be One or Two [orses, and Two Men at least where lere shall be Four Worses, and so in pro- )rtion for a greater Number ; and in 10 Case shall a Man and his Horse be bil- leted at a greater Distance from each other than One hundred Yards ; and the )onstables are hereby required to billet all Soldiers and their Horses on their March the Manner required by this Act, upon [he Occupiers of all Houses within One Mile )f the Place mentioned in the Route, and whether they be in the same or in a dif- )rent County, in like Manner in every re- )ct as if such Houses were all locally situ- lite within such Place : PROVIDED, that nothing herem contained shall be con- strued to extend to authorize any Con- pble to billet Soldiers out of the County which such Constable belongs, when the 107 ^d Places adjacent, lying in the County Middlesex (except the City of London), andl in the County oi Surrey, and in the Boroughl of Southioark, in the same Manner and underf tha same Regulations as in other Parts England, in all Cases for which particula Provision is not made by this Act;- and the High Constables shall, on Receif of the Order for billeting Soldiers, dellvc Precepts to the several Constables withii their respective Divisions, in pursuance which the said Constables shall billet suck Officers and Soldiers equally and propor tionably on [the Houses suDjected theret by this Act; and the said Constable shall, at every General Sessions of tl Peace to be holden for the said City and Liberties, Counties and Borough vet tively, make and deliver to the Justices then in open Session assembled, upon Oat FT^A^m*;* wnicli li •■,{ w BOUts, 111 which Oath the said Justices are herehy required to administer, Lists, signed hy them respectively, of the Houses subject by this Act to receiye Officers and Soldiers, together with the Names and Rank of all > Officers and Soldiers billeted on each res- pectively, which Lists shall remain with the respective Clerks of the Peace for the Inspection of all Persons, without Fee or Reward; and such Clerk shall forth- with from Time to Time deliver to any I Persons who shall require the same true Copies of any such Lists, upon being paid I Twopence per Sheet for the same, each I Sheet to contain ^ least One hundred and |fifty Words. 64. NO Justice having or executing Military any Military Office or Commission in any^®<^®""®^ Part of the United Kingdom shall, directly JJ^^^t^J.^.^ or indirectly, be concerned in the billet- billeting mg or appointing Quarters for any Soldier I in the Regiment, Corps, Troop, or Company under the immediate Command of such Justice, and all Warrants, Acts, and Things made, done, and appointed by such Justice I for or concerning the same shall be void. • ^ ^ 65. THE Innholder or other Person Allowance Ion whom any Soldier is billeted in GrecU ^ ^°"' iBritain shall, if required by such Soldier, '""^P^"* furnish him for every Day of the March, and for a Period not exceeding Two Days I when halted at the intermediate Place upon the A t S Im!! i. I > At Py. «^'^ •■«. / ^1 m ' ■t*it- the March, and' for the Day of the Arrival at the Place of final Destinationj with One hot Meal in each Day, the Meal to consist of such QuantitieB of Diet and Small Beer ae maj be fixed by Her Majesty's Regu* lations, not exde^ding One Pound and a Quarter of Meat prerions to being dressed, One Pound of Bread, One Pound of Po- tatoes or other Vegetables, and Two Pints of Small Beer^ and Vinegar, Salt, and Pepper, and for such Meal the Innholder | or other Person furnishing the same shall be paid the Sam of Tenpence, and Two- j pence Halfpenny for a Bed ; — ■- and. Jail Innholders and other Persons on whom Soldiers may be billeted in Cheat Britain \ or Ireland, except when on the March in ■ r^' 6rf«af J^nVam and entitled to be furnished j with the hot Meal as aforesaid, shall furnish f 1. r such Soldiers with a Bed and with Candles, | ; Vinegar, and Salt, and shall allow them the Use of Fire, and the necessary Utensils for dressing and eating their Meat, and shall be paid in consideration thereof the Sum of Fourpence per Diem, for each Sol- dier ; ^and the Sum to be paid to the * Innholder or other Person on whom any I of the Horses belonging to Her Majesty's Forces shall be billeted in Great Britainl or Irekmd, for Ten Pounds of Oats, Twelve Pounds of Hay, and Eight Pounds! of l^raw, shall be One Schilling and Nine- pence per Diem for each Horse ; -^— *** and I every Officer or Non-commissioned Officer commanding 1 '.■n BiOdi. eommanding a Regiment, Detachment, or Party, shall every Four Days, or before Ihey shall quit their Qaarters if they shall not remain so long as Fonr Days, settle and discharge the just Demands of all Vie- toallers or other Persons upon whom such Officers, Soldiers, or Horses are billeted, ont of the Pay and Subsistence of such Officers and Soldiers, before any Part of tiie said Pay or Subsistence be distributed (o them respectiyely ; and if any such Officer or rNon-commissioned Officer shall not pay the same as aforesaid, then, upon Complaint, and Oath made thereof by any Two Witnesses before Two Justices of the Peace for the County^ Riding, Di- Tision, Liberty, City, Borough, or Place where such Quarters were situated, sitting in Quarter or Petty Sessions, the Secretary of State for the War Department is hereby required (upon Certificate of the Justices before whom such Oath was made of the Sam due upon such Accounts, and the Persons to whom the same is owing,) to give Orders to the Agent of the Regiment or Corps to pay the Sams due to such Vic- tuallers or other Persons as aforesaid, and to charge the same against such Officers ; land in case any Soldier be suddenly ordered to march, and the respectiye Commanding Officers or Non-commissioned Officers are not enabled to make Payment of the Sums dneforthe Lodging or Victualling of the jMen and Stabling or Forage for the Horses^ ;^^ a every 113 » ! m ■■r i 114 ^^- every such Officer or Non-conuniasioned Officer shall, before his Departure, make vp the Acoouut with every Person upon whom such Soldier may have been billeted, and sign a Certificate thereof; which Account Mid Certificate shall be trans- mitted by such Officer or Non-commis- sioned Officer to the Agent of the Regimeat or Corps, who is hereby required to make immediate Payment thereof, and to charge the same to the Account of such Officer or Non-commissioned Officer. Interpreta- 66. ALL Powers and Provisions re* tionofAct. lating to Soldiers shall be construed to extend to Non-commissioned Officers, unless | when otherwise provided ; and all Powers and Provisions relating to Justices! shall be construed to extend to all Magis* trates authorized to act as such in their I respective Jurisdictions, and to Chief Ma- gistrates of exclusive local Jurisdictions;! Powers and —and all the Powers given to and Ke-| Kegubtiona guiations made for the Conduct of Con- w to Billets, g^^jgg in relation to the billeting of Offi- cers and Soldiers, and all Penalties and I Forfeitures for any Neglect thereof, shall extend to all Tithingmen, Headboroughs, and such like Officers, and to all Inspectors or other Officers of JPolice, and to High Constables and other Chief Officers and Magistrates of Cities, Towns, Villages, Hamlets, Parishes, and Places in Englandi and Ireland, and to all Justices of the piT^ - i Peace,! Peace, Magiatrates of Bnrgha, Cominit- sionen of Police, and other Chief Officera and Magistratea of Citiea, Towns, Villago8» Parishea, and Places in Scoilamlf who ahall act in the Execution of this i^ct in relation to billeting j and all Powers and Pro- visions for billeting Officers and Soldiers in Yicttialling Houses shall extend and apply to all Inns, Hotels, Livery Stables, Ale- houses, and to the Houses of Sellers of v> • ^^ Wine by Retail, whether Britiah or Foreign, to be drunk in their own Houses, or Places tliereunto belonging, and to all Houses of ' Persons selling Brandy, Spirits, Strong Waters, Cider, or Metheglin, by Retail, iu Great Britain and Ireland ; and in Ireland, when there shall not be found sufl^cient Room in such Houses, then to billeting Soldiers in such Manner as has been heretofore customary : PRO- Exempiioas VIDEO that no Officer or Soldier shall ^o"* ^^'^^^ be billeted in Great Britain in any Private Houses, or in any Canteen held or occupied under the Authority of the War Depart- ment, or upon Persons who keep Taverns only, being Vintners of the City of London admitted to their Freedom of the said Conjpany in right of Patrimony or Ap- prenticeship, notwithstanding such Persons wlio keep such l^averns only have taken out Victualling, Licences, nor in the House of any pistiller kept for distilling Brandy and Strong Waters, nor in the House of anv I Shopkeeper, whose principal Dealing shall '■M be 116 If' 1*1 8app1y of Carriages. Carriages, be more in other Goodi and Merchan- dise than in Brandj and Strong Wnten, 80 as such Distillers and Shopkeepers do not permit tippling in such Houses, nor in the House of Residence in any Part of Uie United Kingdom of any Foreign Con- sul duly accredited as such. 67. FOR the regular Provision of Ca^ riages for Her Majesty's Forces, and their BAggsgOf in their Marches in Crreat Bav tain and Ireland^ all Justices of the Pefice within their several Jurisdictions, being dalj required thereunto by an i)rder from Her Majesty, or the General of Her Forces, or other Person duly authorized in that Behalf, shall, on Production to them of such Order, or a Copy thereoi' certified by the Command- ing Officer, by some Officer or Non-com* missioned Officer of the Regiment or Corps so ordered to march, issue a Warrant to any Constable having Authority to act in any Place from, through, near, or to which the Troop shall be oi^ered to march, (for each of which Warrants the Fee of One i Shilling onlv sh^^ll be paid,) vC(j«,l;-Oi.: Chrriaget, fi^pt hy or belonging tio any Person and fo? any Use whatsoever, but also of Siaddle Hor- ses, Coaches, Postchaises, Chaises, and other Four-wheeled Carriages kept fbt Hire, and of all Hoi^B kept to draw Carriages licensed to carry Passengers, and also of Boats, Barges, and other Ves^ls used fbr the Transport of any Commodities whatsoever upon any Canal or navigable River, as shall be mentioned in the said Warrants, therein specifying the Place and Distance to which such Carriajges or Vessels sl^all go ; and on the Production of such Requi- sition, or a Copy thereof certified by the Commanding Otiicer, to such Justice, by any Officer of the Corps ordered to he conveyed, or by any Officer of the War] Department, such Justice ^hall take all the | same Proeeeiings in regard to such addi- tional Supply so required on such Emer- gency as he is by this Act rerjuired to take for the ordinary Provision of Carriages;! and all Provisions whatsoever of this I Act, as regards the procuring of the ordi- nary Supply of Carriages, and the Duties I of Officers and Non-commissioned Officers, Justices, Constables, and Owners of Ca^ riages in that Behalf shall be to all Intents and Purposes applicable for the providing and Payment, according to the Rates of Posting or of Hire usually paid for such other Description of Carriages or Vessels so required on Emergeticy, according to the Length ot the Journey or Voyage ia aym each! 128 A k»f'<,v;i each Case, biit making no Allowance for Post Horse Dnty, or Turnpike, Canal, River, or Lock Tolls, which Doty or Tolls are hereby declared not to be demandable for such Carriages and Vessels while em- ployed in such Service or returning there- from ; and it shall be lawful to convey thereon, not only the Baggage, Provisions, and Military Stores of such llegiment, Corps, or Detachment, but also the Oflicers, Soldiers, Servants, Women, Children, and other Persons of and belonging to the same. 70. IT shall be lawful for the Justices Justices of the Peace assembled at their Quarter ^^P^^f ®^^ Sessions to direct the Treasurer to pay, Con^suble"* without Pee, out of the Public Stock of the for Sums County or Riding, or if such Public Stock expended by be insufficient then out ol Monies which '^®™' the said Justices shall have Power to raise for that Purpose, in like Manner as for County Gaols and Bridges, such reasonable Sums as shall have been expended by the Constables within their respective Juris- dictions for Carriages and Vessels, over and above what was or ought to have been paid by the Officer requiring the same, regard being had to the Season of the Year and the Condition of the Ways by which such Carriages and Vessels are to pass ; and in Scotland such Justices shall direct such Payments to be made out of the Rogue Money and Assessments directed and 124 Roates in Ireland. Tolk and authorized to be assessed and levied bj an Act of the Twentieth and Twentj-fint Years of the Reign of Her present Majestj, { Chapter Seventy-two. 71. IT shall be lawful for the Lord I Lieutenant or other Chief Governor for the TimQ being of Ireland to depute, by Warrant under his Hand and Seal, some proper Person to sign Routes in Cases of Emergency, for the marching of any of! Her Majesty's Forces in Ireland^ in the! Name of such Lord Lieutenant or Cl)ief| Governor. ■■j»^'' i ' . 4.\r'ijt .,1 i 72. ALL Her Majesty's Officers and Soldiers, on Duty or on their March, and their Horses and Baggage, and all Recruits marching by Route, and all Prisonen under Military Escort, and all enrolled! Pensioners in Uniform when called out fori Training or in aid of the Civil Power, andl all Carriages and Horses belonging to Herl Majesty or employed in Her Service underl the Provisions of this Act, or in any ofl Her Majesty's Colonies, when conveyinn any such Persons as aforesaid, or theirl Baggage, or returning from conveying the! same, shall be exempted from Payment ofl any Duties and Tolls on embarking orl disembarking from or upon any PierT Wharf, Quay, or Landing Place, or iB| passing along or over any Turnpike o^ other Roads or Bridges, otherwise demand able Ferriet, able bj Yirtneofanj Act already passed or hereafter to be passed, or by virtae of any Act or Ordinance, Order or Direction of any Colonial Legislature or other Autho- j rity in any of Her Majesty's Colonies ; ^PKOVIDED that nothing herein contained I shall exempt any Boats, Barges, or other Vessels employed in conveying the said Persons, Horses, Baggage, or Stores along any Canal from Payment of Tolls in like Manner as other Boats, Barges, and Vessels - are liable thereto, except when employed in Cases of Emergency as herein-before j enacted, ^i'^i^om «>0'.:A^':-. - 'i^ 186 r,-)\ 1 . I' ' I '^ISMs^ir -ii-rr;i 73. When any Soldiers on Service Fcriies. I have Occasion in their March by Route to pass regular Ferries in Scotland, the Officer commanding may at his Option pass over with his Soldiers as Passengers, and shall pay for himself and each Soldier One Half only of the ordinary Rate payable by single Persons, or may hire the Ferry Boat for Ihimself and his Party, debarring others for Ithat lime, and shall in all such Cases )ay only Half the ordinary Rate for such IBoat. -l^T 74. EVERY Soldier entitled to his Marching )ischarge shall, if then serving abroad, be ?!?"f^ ^" Isent, if he shall so require, to went Britain ^^^ ^^^^' )r Ireland free of Expense, and shall be entitled to receive Marching Money from ^he Place of his being landed (or, if dis- charged 1;26 Discharge of Soldiers, charged at home, shall receive Marching Money from the Place of his Discharge,) to the Parish or Place in which he shall have been originally enlisted, or at which he shall at the Time of his Discharge decide to take up his Residence, such Place not being at a greater Distance from the Place of his Discharge than the Place of his original Enlistment. Notification 75. THE Churchwardens of every to Parishes Parish in England and Ireland, and the baf Conduct Constables or other Officers of every Parish of Soldiers. OT Place in Scotland, on receiving a No- tification from the Secretary of State for ^* . the War Department of the Names of any Soldiers belonging to the said Parish who have, for meritorious Conduct in the Army, received Her Majesty's special Approba- tion, or who, in consequence of Misconduct, have been dismissed Her Majesty's Service j with Disgrace, shall affix such Notification on the Outside of the Door of the Church or Chapel belonging to such Parish or Place on the Sunday next after the Receipt of the said Notification. ^ Ordinary Course of GriDiinal Justice not to be inter- fered with. 76. NOTHING in this Act contained shall be construed to extend to exempt any Officer or Soldier from being proceeded against by the ordinary Course of Law, when accused of Felony, or of Misde- meanor, or of any Crime or Offence other than the Misdemeanors and Offences here-| ■- . in- PmaUiet, 187 ifl'before mentioned ; and if any Com- Punishment loanding Officer shall neglect or refiise, on oj" <^c«" application being made to him for that Pur- ciJuTu?* pose, to deliver over to the Civil Magistrate Uce. auy Officer or Soldier under his Command^ f or shall wilfully obstruct, neglect, or refuse to assist the Officers of Justice in appre- hending any Officer or Soldier under his Command, so accused as aforesaid, such Commanding Officer shall, upon Conviction thereof in any of Her Majesty's Superior Courts at Westmimterf Dyhhn^ or Edtn- hurgh^ or in any Court of Record in India, be deemed to be thereupon cashiered, and shall be thenceforth utterly disabled to have or hold any Civil or Military Office or Employment in the United Kingdom of Great Britain and Ireland or in Her Ma- j jesty's Service ; and a Certificate of such Conviction, containing the Substance and Effect of tfie Indictment only, omitting the formal Part, with the Copy of the Entry of the Judgment of the Court thereon, shall be transmitted to the Judge Advocate Ge- Ineral in Xonc/on. HL%-i ii*i.m , .v 77. FOR enforcing a prompt Observ- Penalty for lance of the RuIps and Orders for the due^''^^\ Appropriation of the Public Funds appli- Agents. cable to Army Services, and in order tliat a true and regular Account may be kept and rendered by the Agents for the several Corps, the said Agents are hereby required to observe such Orders as shall from Time *3r-,4- to 128 i^cfrf^'t^jj ;i « to Time be given by Her Majesty under Her Sign Manual, or by the Secretary of State for the War Department, or by Her Majesty's Lord Lieutenant or Chief Go- vernor of Ireland^ or by the Lord Trea- surer or the Commissioners of Her Ma- jesty's Treasury; and if any Person, being or having been an Agent, shall refuse or neglect to comply with such Orders io relation to his Duty as Agent, or shall un- lawfully withhold or detain the Pay of ebt Officer or Soldier for a longer Period than the Space of One Month after the Receipt thereof, he shall for the First Offence forfeit the Sum of One hundred Pounds, and, if | still an Agent, for the Second Offence be discharged from his Employment as ani Army Agent, and be utterly disabled to have or hold such Employment thereafter, or, if he have ceased to be ap Army Agent, shall for the Second and every succeeding Offense forfeit the Sum of Two hundred I Pounds. -r+;> V ' 810US. Penalty on 78. EVERY Person, not being an| trafficking authorized Army Agent, who shall nego- in Comrnis- ^-^^^ ^^ ^^^ ^ ^^^^^ ^^^ ^^ j^ relation to I the Purchase, Sale, or Exchange of any Commission in Her Majesty's Army, shaU forfeit for every such Offence the Sum of| One hundred Pounds ; and every Per* son, whether authorized as an Army Agent I or not, who shall receive any Money or Reward in respect of any such Purchase, Sale, PenaUiea. 120 Sale, or Exchange, or who shall negotiate or recei?e for any Purpose whatsoever any Money or Consideration where no Price is allowed by Her Majesty's Regulations, or any Money or Consideration exceeding the Amount so allowed, — shall forfeit One hundred Pounds, and treble the Value of the Consideration where the Commission is not allowed to be nold, or treble the Excess of such Consideration beyond the. regular Price. 79. EVERY Person, not having any Penalty for Military Commission, who shall give or P^,^^"w°^ procure to be given any untrue CertiUcate, ^J^^ ^^ whereby to excuse any Soldier for his Ab- Isence for any Muster or any other Service which he ought to attend orperfonn, or who shall directly or indirectly cause to be^ taken any Money or Gratuity for muster- ing any Soldiers, or for signing any Muster Rolls or Duplicates thereof^ shall forfeit for every such Offence the Sum of Fifty i. Pounds; and any Person who shall falsely be mustered, or offer himself to be mastered, or lend or furnish any Horse to be falsely mustered^ shall, upon Conviction before some Justice of the Peace residing Inear the Place where such Muster shall be Imade^ forfeit for every such Offence the ISum of Twenly Pounds ;— and the Ini- Iformer, if he belongs to Her Majesty's' Serv<^ lioe, shall, if he demand it» be forthwith dis* Icharged* - 3??Kix. 9 80. EVERY 130 Penalty on unlawful recruiting. ii Penalty for inducing Soldiers to desert. !i Penalties. 80. EVERY Person (except sacb Person or Persons as shall be authorized by Beating Order under the Hand of the Secretary of State for the War Depart' ment) who shall cause to be advertised, posted, or dispersed Bills for the Purpose of procuring Hecruits or Substitutes for the Line, Embodied Militia, or Her Ma- jesty's Indian Forces,— or shall open or keep any House, Place of Rendez-vous, or Office, — or receive any Person therein un- der such Bill or AdTertisement, as con- nected with the Recruiting Service, — or shall directly or indirectly interfere there- with, without Permission in Writing from the Adjutant General or from the Secretary of State in Council of India (as the Case may be), — shall forfeit for every such Offence a Sum not exceeding Twenty Pounds. 81. ANY Person who shall in any Part of Her Majesty's Dominions, or by any Means whatsoever, directly or indirectly, procure any [Soldier to desert, or attempt to procure or persuatle any Soldier to desert, and any Person, who, knowing that any Soldier is about to desert, shall aid or assist him in deserting, or, knowing any •Soldier to be a Deserter, shall conceal such Deserter, or aid or assist such Deserter in concealing himself, or aid or assist in his Rescue, shall be deemed guilty of a Misde- meanor, and shall, on Conviction thereof, before any Two Justices acting for the ■ - - County, 3. /TSi-^ T- w*. ./i*.V PtnaUies. 131 County, District, City, Burgh, or Place where any such Offender shall at any Time happen to be, be liable to be committed to the Common Goal or House of Correction, there to be imprisoned, with or without Hard Labour, for such Term not exceeding Six Calendar Months as the convicting Justices shall think fit 82. ANY Officier or Soldier who shall. Penalty in pursuit of any Deserter, forcibly enter l^*" forcible into or break open any Dwelling House or purlJit of Outhouse, or shall give any Order under Desertow. which any Dwelling House or Outhouse shall be forcibly entered into or broken open, without a Warrant from One or more Justices of the Peace, shall, on Conviction thereof before Two Justices of the Peace, forfeit a Sum not exceeding Twenty Pounds. 'jp I" 83. IF any Person shall convey orrenalties cause to be conveyed into any Military 2," *^^'*"ff Prison appointed to be a public Prison ^^^^J^^^j under this Act any Arms, Tools, or Instru- escape of ments, or any Mask or other Disguise, Prisoners, in order to facilitate the Escape of any J"^ ®" Prisoner, or shall by any Means whatever p^fgo^ Re- aid and assist any Prisoner to escape or in gulatious. attempting to qscape from such Prison, whether an Escape be actually made or not, such Person shall be deemed guilty of I Felony, and upon being convicted thereof I shall be kept to Penal 'Servitude for any Term not 132 II Penalties, not less than Poiir Years and not exceeding Six Years, or be imprisoned, with or without Hard Labour, for any Term not exceeding Two Years ;- and if any Person shall bring or attempt to bring into such Prison, in contravention of the existing Rules thereof, any spirituous or fermented Liquor, he shall for every such Oifence be liable to a Penalty not exceeding Twenty Pounds and not less than Ten Pounds, or to be imprisoned, with or without Hard Labour, for any Time not exceeding TJiree Calendar Months; and if any Person si lall bring into such Prison, to or for any Prisoner, without the Knowledge of the Governor, any Money, Clothing, Provisions, Tobacco, Letters, Papers, or any other Articles not allowed by the Rules of tlie Prison to be in the Possession of a Prisoner, or shall throw into the said Prison any sucli Articles, or shall by Desire of any Prisoner, without the Sanction of the Governor, carry out of the Prison any of the Articles aforesaid, he shall for every such Offence be liable to a Penalty not exceeding Five Pounds, or to be imprisoned, either with or without Hard Labour, for any Time not exceeding One Calendar Month ; and if any Person shall assault or violently resist any Officer of such Prison in the Execution of his Duty, or shall aid or excite any Person 80 to assault or resist any such Officer, he shall for every such Offence be liable to a Penalty not exceeding Five Pounds, or to i <■; Penalty. 133 to be imprisoned, with or without Hard ^-i.?*^ Labour, for any Time not exceeding One ^ Calendar Month, or, if the Offender be a • Soldier already under Sentence of Im- prisonment, he shall be liable for every such Offence, upon Conviction thereof by a Board of not less than Three of the Visitors of the Prison, to be imprisoned, either with or without Hard Labour, for any Time not exceeding Six Calendar Months, in addition to his original Sentence, or to be subjected to Corporal Punishment not exceeding Fifly Lashes, or upon Con- viction thereof by a single Visitor to be imprisoned, with or without Hard Labour, for any Time not exceeding Seventy-two Hours, in addition to his original Sentence, or to be subjected to Corporal Punishment not exceeding Twenty-five Lashes ; or if such Soldier shall, within Forty-eight Hours of the Expiration of his original or of any additional Sentence, be guilty of any Offence against the Rules of the Prisoner, he may, for every such Offence, on Conviction , thereof by a Board, or by a single Visitor, be ordered to be kept in Prison for a Period not exceeding Seventy-two Hours in either a dark or light Cell, and with or without Hard Labour or solitary Confinement, on a Bread and Water Diet or otherwise ; - and all the Provisions of any Act or Acts Certain Pro- of Parliament for the Regulation or better ^"^^^l^^ ^ ordering of Gaols, Houses of Correction, regulating or Prisons in Great Britain, shall be deemed Gaols to to 134 apply to Military Prisons. Penalty on Keepers of Prisons for refusing to confine, &c. Military Oft'enders. Penalties. to apply to all Military Prisons so far as any such Provision relates to such Offences ; —and it shall be lawful for the Governor, Provost Marshall, Officer, or Servant of any Military Prison to use and exercise all the Powers and Authorities given by any such Act to the Gaoler, Keeper, or 1 urnkey of any Prison, or to his or their Assistants, to apprehend or to cause Offenders to be ap- prehended, in order to their being taken before a Justice or Justices of the Peace ; and all the Powers and Authorities given by any such Act to any Justice or Justices of the Peace to convict Offenders in any of the above Cases, together with the Forms of Convictions contained in any such Act, shall be applicable to the like Offences when committed in respect of Military Prisons ; and all the Provi- sions contained in any such Act relating to Suits and Actions prosecuted against any Person for anything done in pursuance of such Act shall be deemed to apply to all Suits and Actions prosecuted against any Person acting in pursuance of such Act in respect of Military Prisons. 84. ANY Governor, Provost Mar- shal, Gaoler, or Keeper of any public Prison, Gaol, House of Correction, Lock- up House, or other Place of Confinement, who shall refuse to receive and to confine, or to discharge or deliver over, any Mili- tary Offenier in the Manner herein-before prescribed, PenaUies. prescribed, shall forfeit for every such Offence the Sum of One hundred Pounds. 135 85. ANY Person who shall knowingly Penalty on detain, buy, exchange, or receive from any Purchasing Soldier or Deserter or any other Person Neeessaries acting for or on his Behalf on any Pretence stores, Ac whatsoever, or who shall solicit or entice any Soldier, or shall be employed by any Soldier, knowing him to be such, to sell any Arms, Ammunition, Medals for Good Conduct or for Distinguishing or other Service, Clothes, or Military Furniture, — or any Provisions, — or any Sheets or other Articles used in Barracks provided under Barrack Regulations, — or Kegi- mental Necessaries, — or any Article of Forage provided for any Horses belonging to Her Majesty's Service, — or who shall have in his or her Possession or Keeping any such Arms, Ammunition, Medals, Clothes, Furniture, Provisions, Spirits Articles, Necessaries, or Forage, and shall not give a satisfactory Account how he or sle came by the same, — or shall change the Cclour of any Clothes as aforesaid, — shall forfeit for every such Offence any Sum not exc^ding Twenty Pounds, together with trebfe the Value of all or any of the several Articles of which such Offender shill so becon^ or be possessed ; and if any Personhaving been so convicted shall after- • wards \e guilty of any such Offence, he shall foievery such Offence forfeit any Sun? not -r 31 ise PenaUiei, ii not exceeding TwefHty Founds but not less than Five Pounds, and the Treble Value of all or any of the several Articles of which such Offender shall have so become posses- sed, and shall in addition to such Fo^ feiture be committed to the Common Gaol or House of Correction, there to be im* prisonned, vriih or without Hard Labour, for such Term not exceeding Six Calendar Months as the convicting Justice or Justiceb shall think fit ; and upon any Infor- mation against any Person for a Second or any subsequent Offence a Copy of tl^e former Conviction, certified by the proper Officer having the Care or Custody of such Conviction, or any Copy of the same proved to be a true Copy, shall be sufiicient Evi- dence to prove such former Conviction ; and if any credible Person shall prove on Oath before a Justice of the Peace, or Person exercising like Authority, ac- cording to the Laws of the Part of Her Majesty's Dominions in which the Offence shall be committed, a reasonable Cause t) suspect that any Person has in his or hit Possession, or on his or her Premises, aay Property of the Description herein-befere described, on or with respect to whichany such Offence shall have been comm*tea, such Justice may grant a Warrant to search for such Property, as in the Case of stolen Goods ; and if upon such Search any such Property shall be found, the sane shall and may be seized by the Officer charged with ff I PenaUtea, 137 ^.yl'i^. with the Execution of such Warrant, who shall bring the Offender in whose Pos- ,! '» session the same shall be fonnd before the . '^ same or any other Justice of the ?eace, to be dealt with according to Law: PROVIDED always, that it shall be law- ful for the Legislature of any of Her Ma- jesty's Foreign Dominions, on the Recom- mendation of the Officer or Officers for the Time being administering the Government thereof, but not otherwise, to make Pro- yision by Law for reducing such pecuniary Penalty, if not exceeding Twenty Pounds, to such Amount as may to such Legis- lature appear to be better adapted to the Ability and Pecuniary Means of Her Majesty's Subjects and others inhabiting the same, which reduced Penalty shall be sued for and recovered in such and the same Manner as the full Penalty hereby imposed:- PROVIDED also, that it I shall be competent to Her Majesty, or to the Person or Persons administering the Government of any such Foreign Domi- nions as aforesaid, to exercise, in respect of the Laws so to be passed as aforesaid, all such Powers and Authorities as are by Law vested in Her Majesty or in any such Of- ficer or Officers as aforesaid in respect of any other Law made or enacted hy any [such Legislature. « » . ..r . . . 86. IF any Constable or other Person Penalties who by virtue of this Act shall be em- Zu^t^ ployed Subjeota - m 4 138 Penalties. offending ployed in billeting any Officers or Soldiers L^t^r -^* ^" *"y ^*^* ®^ **^® United Kingdom shall latinffTo presume to billet any such Officer or Billets. Soldier in any House not within the Meaning of this Act, without the Consent of the Owner or Occupier thereof; . or shall neglect or refuse to billet any Officer or Soldier on Duty, when there- unto required, in such Manner as is bj this Act directed, provided sufficient No- tice be given before the Arrival of such Troops ; or shall receive, demand,! or agree for any Money or Reward whatso- ever, in order to excuse any Person from receiving such Officer or Soldier; or shall quarter any of the Wives, Children, Men or Maid Servants of any Officers or Soldiers, in any such Houses, against the Consent of the Occupiers ; or shall neglect or refuse to execute such Warrants of the Justices as shall be directed to him for providing Carriages, Horses, or Vessels, or shall demand more than the legal Rates for the same ; or if any Person ordered by any Constable in manner herein -before directed to provide Carriages, Horses, or Vessels shall refuse or neglect to provide the same according to the Orders of such Constable, or shall do any Act or Thing j by which the Execution of any Warrants for providing Carriages, Horses, or Vessels shall be hindered ; or if ^ny Constable shall neglect to deliver into the Justices at Quarter Sessions Lists of Officers and Soldiers Penalties, 139 Soldiers of the Foot Guards quartered according to the Provisions of this Act, or shall wilfully cause to be delivered de- fective Lists of the same ; or if any Person liable by this Act to have any Officer or Soldier quartered, upon him shall refuse to receive and to afford proper Accommodation or Diet in the House in which such Officer or Soldier is quartered, and to furnish the several Things directed to be furnished to Officers and Soldiers, or shall neglect or refuse to furnish good and sufficient Stables, together with good and sufficient Oats, Hay, and Straw in Great Britain and Irdand for each Horse in such Quantities and at such Rates as herein- before provided ; or if any Innkeeper or Victualler not having good and sufficient Stables shall refuse to pay over to the Person or Persons who may provide Stabling such Allowance by way of Compensation as shall be directed by any Justice of the Peace, or shall pay any Sum or Sums of Money to any Soldier on the March in lieu of furnishing in Kind the Diet and Small Beer to which such Soldier is entitled ; or if any Toll Collector shall demand and receive Toll from any of Her Majesty's Officers or Soldiers, on Duty or on their [March, for themselves or for their Horses, [or from any Recruits marching by Route, )r from any Prisoners under Military Escort, or from any enrolled Pensioners in Iniform, when called out for Training or in Penalty on Toll Collectors demanding Toll from OflBcers, Sol- diers, or for Carriages ; '.Jri' M 1 III 140 Penalties. in aid of the Civil Power, or for any Carriages or Horses belonging to Her Majesty, or employed in Her Service tinder the Protisions of this Act, or in any of Her Majesty's Colonies, when conveying Persons or Baggage Or returning therefrom, every such Constable, Victualler, Toll Keeper, or other Person respectively shall forfeit for every such Offence, Neglect, or Refusal any Sum not exceeding Five Pounds nor less than Forty Shillings ; — and if any Person shall personate or ripre- . sent himself to be a Soldier or a Kecruit, Soldiere *&^. ^^^*^ *^® ^^®^ ^^ fraudulently obtaining a * Billet, or Money in lieu thereof, he shall for every such Oftence forfeit any Sum noti exceeding Five Pounds nor less than Twenty! Shillings. and on Persons Penalties 87. IF any Military Officer shall take upon the upon himself to quarter Soldiers otherwise! offendinff than is limited and allowed by this Act, orl against the **^all use or offer any Menace or Compol-I Lawrelating sion to or Upon any Mayor, Constable, oir to Billets, other Civil Officer, tending to deter andj discourage any of them from performic any Part of their Duty under this Act, tending to induce any of them to do any] thing contrary to their said Duty, bua Officer shall for every such Offence (beinj thereof convicted before any Two or mor Justices of the County by the Oath of Twd credible Witnesses) be deemed and take^ to be thereupon cashiered, and shall utterlj Penalties, 141 for any to Her ' Service or in lany 3onveying ;herefrora, ler, Toll Lvely shall eglect, or j utterly disabled to hold any Military Em- ployment in Her Majesty's Service;- PROVIDED that a Certiiioate of such. Conviction shall be transmitted by One of the said Justices to the Judge Advocate in . London, who is . hereby required to certify. the same to the Commander-in-Chief and Secretary of State for the War Depart-, ment, and that the said Conviction be, line Five 1^'^^^ &t some Quarter Sessions of thoy ^l^gg . ■Peace of the said County held next after 8 or r^pre-fro ^^P^''^^^^^ of Three Months after such, a Hecruit,!^^^^^^^^ ^^ ^^^ Justice shall have beeur fbtaining a^^"S'"^^^^ as aforesaid; and if any military Officer shall take, or, knowingly j- luflfer to be taken, from any Person, any oney or Reward for excusing the quarter- ng of Officers or Soldiers, or shall billet y of the Wives, Children, Men or Maid,^ rvants of any Officer or Soldier, in ny, House, against the Consent of the ccupier, he shall, upon being convicted j.*"(;;Q^pul.Bhereof before a General Court-martial, be nstable, oiW^shiered ; — — a ad if any. Officer shall deter anvonstrain any Carriage to travel beyond erforminV^ Distance specified in the Justice's 'arrant, or shall not discharge the same due Time for their Return Home on the e Day, if it be practicable, except in e Case of Emergency for which the astice shall have given Licence, or shall th of TvS^Dapel the Driver or any Carriage to take and takeWany Soldier or Servant (except sucjh as shall W^ ^^^) or any Woman to ride therein, utterll ^ except f, he shall ly Sum not .an Twenty • shall tab' otherwise' is Act, or •vu.--'' • ..--y fhis Act, Ito do any I'uty, bucl |nce (bein! ro or moi Uf''> 142 Penalties, 1 1 ■*^. Penalty on killing Game with- out Leave. Form of Actions at Law. except in the Cases of Emergency as afore- said, or shall force any Constable, by threatening Words, to provide Saddle Horses for himself or Servants, or shall force Horses from their Owners, or in Ireland shall force the Owner to take any Loaditv^ until the same shall be first duly weighed, if the same can be done within reasonable Time, or shall, contrary to the Will of the Owner or his Servant, permit any Person whatsoever to put any grea;ter Load upon any Carriage than is directed by this Act, such Officer shall forfeit for every Offence any Sum not exceeding Five Pounds nor less than Forty Shillings. 88. FOR the better Preservation of Game and Fish in or near Places where any Officers shall at any Time be quarter- ed, be it enacted. That every Officer who shall, without Leave in Writing from the Person or Persons entitled to grant such Leave, take, kill, or destroy any Game or Fish in the United Kingdom of Cheat Britain and Ireland, shall for every such Oflfence forfeit the Sum of Five Pounds. 89. ANY Action which shall 1 brought against any Person for anything I to be done in pursuance of this Act shall be brought within Six Calendar Mouths after the doing thereof, and it shall he| lawful for every such Person to plead there- unto the General Issue Not Guilty, and to I 18 afore- ble, by Saddle or shall 3, or in ;ake any irst duly B within ry to the 1, permit jr gres4er directed brfeit for ding Five ngs. vation of es where quarter- cer who from the rant such Game or of Ch-eai irery such ounds. Form of Adums, give all special Matter in Evidence to the Jury ; and if the Verdict shall he for the Defeiidant in any such Action, or the Plaintiff therein hecome nonsuited, or suffer any Discontinuance thereof, or if in Scot* land such Court shall see fit to assoilzie the Defendant or dismiss the Complaint, the Court in which the said Matter shall be tried shall allow unto the Defendant Treble Costs, for which the said Defendant shall have the like Remedy as in other Cases where Costs are by Law given to Defen- idants; and every Action against any Person for anything done in pursuance of this Act, or against any Member or Minister of a Court-martial in respect of any Sen- tence of such Court, or of anything done by virtue or in pursuance of such Sentence, shall be brought in some One of the Courts of Record at Westminster^ or in Dublin^ ' or in India, or in the Court of Session lin Scotland, and in no other Court what- Isoever. ,i;i 143 90. ALL Offences for which any Recovery of enalties and Forfeitures are by this Act Pe^alti^. fmpcsed, not exceeding Twenty Pounds ver and above any Forfeiture of Value r Treble Value, shall and may be deter- ined, and such Penalties and Forfeitures nd Forfeiture of Value or Treble Value covered, in every Part of the United "d there* 1?^°?^^*"» ^^ *^^ before One or more ^ and toi'*^^^^® ^^ Justices of the Peace, under the g\^M Provisions 1 shall anything 1 Act shall r Mouths shall be f 144 Recovery ofPendUia, Provisions of an Act pasied in the Eleventh and TwelfUi Yeam of the Reign of Her 11 &i2Vict. Majesty Queen Victoria^ intituled An Act c. 43. to facilitate the Performance of the Dutie$ of Justices of the Peace out of Sessiont^ tuithin England and Wales, tnth respect to summary Convictions and Orders : . PKOViDED alwiiys, that in all Cases in which there shall not be sufficient Goods whereon any Penalty or Forfeiture can be levied, the Offender may be committed and imprisoned for any Time not exceedint Six Calendar Months ; which ^aid recited Act shall be used and applied in Scotland and in Irdand^ for the Kecovery of all such Penalties and Forfeitures, as fully to all Intents as if the said recited Act had extended io Scotland and /r^ landy anything in the said recited ; Act, or in an Act passed in , the Fourteenth and Fifteenth Years of : the Keign of Her 14^15 Vict. Majesty Queen Ftc/ort«, intituled An Ad to consolidate and amend the Acts regulat' ing the Proceedings at Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions, in Ireland, to the con- traiy notwithstanding ; and all such Offences committed in the British lsle$,\ or in any of Her Majesty's Dominions beyond de Seas, may be determined, andj the Penalties and Forfeitures and Forfei- ture of Value or Treble Value recovered,! before any Justices of the Peace, or Po^ sons exercising like Authority, according to C. 93. Bleventh of Her An Act le Dutin h respect iers: Cases in nt Goods re can be litited and exceeding iiich: said ipplied in Kecovery ntiires, as id recited and J»'^ tited ; Act, onrteeutb II of Her An Ad regulat- lionSf and ',e out of the con- all siich dominions ned, and Forfei- fceovered, i, or Per icording to Apprvprtation ofPrnaUtet. 145 to the Laws of the Part of Her Majesty's Dominions in which the OfTerice shall be committed ;— and all Penalties and For- ftitures by this Act imposed exceeding Twenty Pounds shall be recorered by Action in some of the Courts of Record at Wettmifuter, or in Dublin, or in India, or in the Court of Session in Scotland, and in no othei' Court in the United Kingdom, and may be recovered in the British Isles, or in any other Parts of Her MajestjT's Dominions, in any of the Royal or Superior Courts of such Isles or other Parts of Her Majesty's Dominions. '^ 91. ONE Moiety of erery Penalty, Appropri*- BOt including any Treble Value of any Ar-^®^J^ tides adjudged or recorered under the Pro- * visions of this Act, shall, in the United Kingdom, go to the Person who shall inform or sue for the same, and the Remainder of the Penalty, together with the Treble Value of any Articles, or, where the Offence shall I be proved by the Person who shall inform, the whole of the Penalty, shall be paid to I the Generail Agent for the Recruiting Ser- Ti(ie in London, and in India to the Military Secretaiy of the Government of the Pre- sidency to which the Court by whom the Penal^ shall be adjudicated shall be sub- Ijeet, to be at the Disposal of the Secretary I of State for the War Department, anything in an Act passed in the Fifth and ^xth JYears of the Reign of His late Majeelty 10 King m' 146 Soldier's SettlemenL \n '-■:> 6 A 6 W. 4. King William the Fourth, intituled An Act c. 76. ^Q provide for the Regulation of Municipal Corporations in England and Wales, or ia any other Act or Acts, to the contrary not- withstanding ; and every Justice in the United Kingdom who shall adjudge any Penalty under this Act shall, within Four Days at the farthest, report the same to the said Secretary of State, and in India I the Court which shall adjudge any Penaltjj under this Act shall immediately report tl same to the said Military Secretary. \ In ki:uM d- 'ii-m w Mode of 92. ANY Justice in the United King- recording a ^qjj^^ within whose Jurisdiction any Soldier | Settlement. ^» ^^^ Majesty's Army, or on the perma. ': nent Staff of the Militia, having a Wife or ' Child, shall be billeted, may summon suchl Soldier before him in the Place where he ill billeted, (which Summons he is herebj] directed to obey,) and take his Examination in Writing, upon Oath, touching the Pis of his last legal Settlement, and such Justice shall give an attested Copy of such Exai nation to the Person examined, to be k him delivered to his Commanding Officer] to be produced when required ; whic said Examination and such attested Cop| thereof shall be at any Time admitted good and legal Evidence of such last le^ Settlement before any Justices or at anj General or Quarter Sessions, although sue Soldier be dead or absent from the Kinj dom; PROVIDED that in case anj Soldie respect ommissi 'fficers all also d such aving SI ictuals a wered 'ing subj( c» ^^^^ nA?|f,>r ii??'r'.>0 .KJ-f-uii-;.'*/^ Licences of Canteens, Soldier shall be again summoned to make Oath as aforesaid, then, on such Examina- tion or such attested Copy thereof being produced by him or by any other Person ou his Behalf, such Soldier shall not be obliged to take any other Oath with regard to his legal Settlement, hut shall leave a I Copy of such Examination, or a Copy of isuch attested Copy of Examination, if re- quired ; PROVIDED also, that when no such Examination shall have been required, the Statement made by the Recruit on his lAttestation of his Place of Birth shall be Itaken to be his last Place of Settlement itil legally disproved. 93. WHEN any Person shall hold Licences my Canteen under proper Authority of ^*"'^®°* the War Department, it shall be lawful for W Two Justices within their respective [urisdictions to grant or transfer any Beer, ^ine, or Spirit Licence to such Persons, athout regard to Time of Year or to the Jotices or Certificates required by any Act respect of such Licences ; and the Commissioners of Excise, or their proper officers within their respective Districts, lall also grant such Licences as aforesaid ; id such Persons so holding Canteens, and . ,: ,.? wing such Licences, may sell therein [ictuals and Exciseable Liquors, as em- awered by such Excise Licence, without Bing subject to any Penalty or Forfeiture. 147 ■4!A, of ;.l».! 'y \f 94. ALL 1^ Aitertation of AooountE. Commis- saries, drc. to attest their Accounts. ^ % Adminis- tration of Oatlis. Attestation of Accounts, 94. ALL Master Rolls and Accoanbj and Pay and Pension Lists which are re* quired to be verified by Declaration shall be so verified and attested free of Stamp Duty and without Fee or Reward paid for| such Declaration or Attestation. 95. ALL Comi^issaries, Regimentall Paymasters, and all other Accountants k M ilitary Services, Storekeepers, and Barrack Masters, upon making up their Accoan^| and all Commissaries and Storek^ej upon returning from any Foreign Servic shall severally make the respective Decl rations described in the Schedule to his At annexed ;- — ^which Declarations, if rrn in any Part of the United Kingdom, sha be made before some Justice, or other Pe son authorized to administer Oaths and clarations, and if made on Foreign Servio shall be made before the Officer comma ing in chief, or the Second in Command, i the Quartermaster or Deputy Quarterma General or any Assistant Quarterma Greneral of the Army who shall respective have Power to administer and receive same* .:/ ;jf f-f^; 96. ALL Oaths and Declaratio which are authorized and required by Act may be administered (unless whe otherwise provided) by any Justice of ' Peace, or other Person hairing Author to administer Oaths and Declarations ;- •*. '■» Admvuatratum of Oaiht. ^ 149 and aiiy Person taking a false Oath orPeijiny. Declaration where an Oath or Declaration ii authorized or required by this Act shall be deemed guilty of wilful and corrupt Perjury, or of wilfully making a false Declaration, find being thereof duly con- kicted shall be liable to such Pains and IPenalties as by Law any Person convicted |of wilful and corrupt Perjury is subject and liable to; and every Uommissionned ^ lOfficer convicted before a General Court- tial of Perjury, or of wilfully making a Declai ''^'^n^ shall be cashiered, and , Bvery Soldier, o * other Person amenable to ^d Provisions of this Act, foimd guilty hereof by a General, District, or Garrison >ourt-martial, shall he punished at the )i8cretion of such Court ; In India, all Cases where any Oath is hereby quired to be taken, or any Person is hereby required to be sworn, a solemn ^ sclaration or Affirmation may be substi- ited, if by the Laws for the Time being force in India such Declaration or Affir- Uion would be allowed to be substituted the Place of an Oath, in case the Party rere about to depose as a Witness in a 'ivil Action in any of the Supreme Courts [t the Presidencies ; and any Person wil- lUy and knowingly giving false Testimony |n Oath or solemn Declaration or Affirma** |ioQ in any Case wherein such Oath or )l8mn Declaration or Affirmation shall kave been made for the Purpose of this Act, 150 Offences against former Mutiny Acts, i ' 1 ' ^l 4i: Afet, or any Proceedings under this Act, shall be deemed guilty ot wilful and corrupt Perjury, and, being duly convicted thereof before a Court-martial or otherwise, shall be liable to su6h Pains and Penalties &s by any Law in force in England^ or by any Law in force in India, any Persons con- victed of wilful and corrupt Perjury are subject and liable to*. Offences 97. ALL Crimes and Offences which *^**m'?'^' ^*^® h^^n committed against any forWierl Acts and °^ -^^* for punishing Mutiny and Desertion, Articles of and for the better Payment of the Army War. and their Quarters, or against any Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the Em Ind^'z Company, or against any of the Ar- ticles of War made and established by virtue] of either of the same, may, during the Con- tinuance of this Act, be tried and punishedl in like Mannerasif they had been committedl against this Act ; and every Warranil for holding any Court-martial under anyl such former Act shall remain in full ForceJ and all Proceedings of Courts-martial con-| vened and held under any such Warrant shall be continued, notwithstanding the Ex-| piration of such Act : — - PP.OVIDEf always, that no Person shall be liable to tried or punished for any Offence agains any of the said Acts or Articles of Waj which shall appear to have been committe more than Three Years before the Date fWi^Afc // (hikction of Effects. ment. shall noHar? Wn*""^'' ^^P"*" Justica within that p • j • """enable to"" >ch Persorshal, be 'm^: 'f 'rhich Case a«7 Time not exceeding ¥t '°> *"«^ «* ,«r o£ Srstf wt'3e' *?.' '''1 ^^''^^ ^«-« - ofthe Articles of Cr ° u*** ^"thorify P'»yed m- to take care otZ.rM'T'^ ^ authorized ''f Articla totthe^^oJeafthelS^^^ Part of the Effects of anv nl °' """y <•"«" of Offi. plaiers dyino- in 7«j^ ^ ^ Officers or ««rs(l»iDffin and receire^aay such P^' ° !^^' ''«'»<»''''. i'T' '« » 161 I ---V °"«u exiena, and fo *.«^ — '"osowith rosecute, and carry on a„r aT™^""'*' °'" P™''* Suits for the Recovprv +1. % Actions or « Letten in J Wi. ° Recovery thereof anH t,^ =„ii of Admi- Suits for the Recovprv *lk *"^^ Actions or « Letten h-l dispose of or ofhL •^"'f* ""*> *° «eH "^A^i" Idministration, eithfr wV"^ ^*'*«'^ -^ H or othemT* Intf '"^ ^'" ■"" \ ever, resp'ecT I's Tf^Voffi """"«' persons so authorized f» « "®':*""« <" ieea appointed KLf *j°'"«f «> had P m or had tek?n° : \"^ '■^'^ P'»ved t such EffS /""trd To ^^.^'-J^^^^on peneral nor ReriX,, ^ Administrator -Jr the Appointmennr AutW-f*'"? , * Court, ad colligendJ or ^2"^. "^ ['-mother Person.Sn-„;;i5--; interpose 159 What Debts to be deemed Regimental Debts, and to have Priori tv accordingly. Begimental Debit, interpose in relatipn to any cnoh ^eta, unlesB eiQpowered so to do by any such Officers or Persons so authorized as afore- 1 d, any Law, Statute, or Usage to the : n^rary notwithstanding ; and all such Officers and Persons are, in the E:Kerci8e of the Powers hereby given, to follow any Orders and Directions which may from Time to Time be given on the Subject by the Military Secretary of the Government of the Presidency which may have Juris- diciaon over the Eiects of such deceased Officer or Soldier. 99. ALL Sums of Money due from Officers and Soldiers dying jn India, in re- spect of Military Clothing, Appointments} and Equipn^ents, in rei^ct of Servants Wages^ in respect qi Household Expenses incurred during the current Month or since the last Issue of Pay, or in respect of Quar- ters, or of Mess, or Band, or Regimental Accounts, and all Sums of Monby due to any Agent, or Paymaster or Quarterm&steri or any other Officer upon any such Ac- count, or on account of any Advance made for any such Purpose, and also any Charges or Expenses attending or rek^ing to the Illness or Funeral of any suchi Officer or Soldier, and any Sums of Money due from deceased Officers or Soldiers which, by any Articles of War to be made under the Powers of this Act, shall be directed to stand on the same Footing as any lue from Ka.inre- intmentis, Servants Expenses 1 or since , of Quar- ^gimentai )y due to ,erin&ster) such Ac- Advance also any relating [J such f Money Soldiers be made shall be ooting as any B$gim€nkU Mis, any of t&e Matters before mentioned, shall be deemed and taken to be Regimental Debts, and shall be paid out of anjr Arrears of Pay or Allowances, or out of a^y Prize or Bounty Money, or f^e Equi- page, Goods, and Chattels of any Officer or Soldier d^ing in India, and out of any other Effects of such Officer or Soldier 80 dying which may be collected or re- ceived by any Officers or other Persons acting under the Authority of the Articles of War in manner herein-beibre mentioned, in preference to any other Debts, Claims^ or Demands whatsoever upon the Estate and Effects of such Officer or i. tidier ; and if Doubt shall arise as to whether any Claim or Demand made in relation to any Officer or Soldier is a Regimental Debt or not, or what is the proper Amount of the same, or whether any. such Regimental Debt remains due, such Question shall be decided and concluded by any Order or Certificate to be made by the Military Secretary to the Governm^t of the Pre- sidency which may have Jurisdiction over the E!ifects of such deceased Officer or Soldier, or by any other Person whom such Military Secretary shall authorize to act £br that Purpose on his Behalf and I all such Payments shall be good and valid in Law;~^ — and every Person who shall make any such Payment out of any such Arrears of Pay or other the Premises aforesaid und^ the Provisions of this Act, 163 : .\.:\m:x -rr^;:'" i ;.-'; -.;i? Hj or 154 : :' ■■«*> Reffi mental Deots to be paid without Probate or Letters of Administra- tion, and the Surplus only to be deemed the Personal Estate to be adminis- tered. Military Secretary to administer such Surplus when not exceeding 1,000 Ru- pies, without Probate or Administra- tion, and Duty-free. Regimental Dd>i8, or in parsuance of any such Order or Certificate as aforesaid, or into whose H^nds any such Money shall come, shall be and is hereby Indemnified for and in respect of such Payments, and all other Acts, Matters, and Things to be done in pursuance of the Provisions of this Act, or of any such Order or Certificate, anything in any Acts or Laws to the contrary not- withstanding. 100. ALL such Regimental Debts shaHl and may be paid without Probate of any Will being obtained or any Letters of Ad- ministration or any Confirmation of Testa- ment or Letters Testamentary or Dative being taken out by any Person, and the Surplus only of such Arrears of Pay or Allowances, Prize or Bounty Money, Equi- page, Goods, and Chatels, and other Effects to be collected and received as aforesaid, or the Proceeds thereof, shall be deemed the Personal Estate of the Deceased for the Payment of any Duty which may be claimable in respect of the same ; and it shall be lawful for the Military Secretary aforesaid to order and direct the Payment or Distribution of any such Surplus, to any Amount not exceeding One thousand Com- pany's Rupees, without any Probate or Letters of Administration, or Confirmation of Testament or Letters Testamentary or Dative, or Payment of any Duty ; and it shall also be lawful for any Paymaster or other Distribution o/Surpliu, other Person to issue any Sum, not exceed- ing the Value of One thousand Company's Rupees, which may be due to any deceased Officer or Soldier, unto the Widow or Re- lative of any Officer or Soldier deceased, or unto the Representative or Representa- tives of any such Officer's Widow or Rela- tive in India, in like Manner, without any Probate or Letters of Administration, or Confirmation of Testament or Letters Tes- tamentary or Dative, or Payment of any Duty, the same to be paid to the Person who shall be notified by the said Military Se- cretaiy aforesaid as being entitled thereto, or as being a proper Person to receive the same; and all such Payments respec- tively shall be as valid and effectual to all Intents and Purposes as if the same had been made by or to any Executor or Ad- ministrator, or under the Authority of any Probate or Letters of Administration, or Confirmation of Testament or Letters Tes- tamentary or Dative, anything in any Act or Acts or Law or Laws to the contrary notwithstanding. lOL ANY Effects or the Proceeds or Surplus of any Effects which shall be col- lected or received under the Authority of any Articles of War as aforesaid, if and when remitted to any Person under any Order oi the said Military Secretary or to such Military Secretary, shall not, by reason of coming to the Hands of such Person or Military 165 Ai Effects, &c. remitted not to be deemed Assets in the Place to which re- mitted so as to render Administra- tion neces- sary. 160 ^^-i ■ i*. . Power to Military Secretary to order Re- mittance of Effects to any other PlacO'in India. li$miUanee ofEfftdls. Military Secretary, be taken to be Assets or Effects in the Place to which soch Pro- ceeds or Surplus may be remitted, so as to render it necessary that Administration should be taken out in respect thereof; -~— >and it shall be lawful for the Military Secretary aforesaid to order that such Effects or the Proceeds or Surplus of any such Effects shall be remitted to any Place in India^ either to himself or to any other Person or Persons by whom the same can more conveniently be paid over to the> Person or Persons entitled thereto ; and the Obedience to the Orders of such Military Secretary in respect to the Pay- ment and Disposal of any such Effects, Proceeds, or Surplus of such Effects shall be a sufficient Discharge from all Actions Suits, and Demands in respect thereof to all Persons to whose Hands any such Ef- £icts, Proceeds, or Surplus shall have come, and by whom the same shall have been paid and disposed of under the Order of such Military Secretary. Mode of ad- 102. THE Effects of the Proceeds or ministering Surplus of the Effects collected or received wriLd!^"^^^^*^^' the Authority of any Articles of War as aforesaid, which sJiall remain after satisfying such Regimental Debts as afore- said, and subject to any such Payment, \ w Distribution, or Disposal thereof as is • ; herein-before authorized, shall with all con- venient Speed be transmitted to such Military Mode ofadmmittmng Surplus, 157 t.-i^J H t .\ ,1^7 1 ('» • i,> Military Secretary as aforesaid by tbe Offi- cers or Persons employed or reanired to take care of, collect, and receire the same, and such Military Secretary shall cause the same, or the Sarplus thereof remaining after satisfying such Debts, and subject to such Payment and Distribution as aforesaid, to be paid to the Executor or legal Represen- tatire (if in India) of such Officer or Soldier, or if there shall be no such Elce- cutor or legal Representative in India, or no such Executor or legal Representative shall within Twelve Months from the Death of such Officer or Officers claim such Surplus, then and in that Case such Military Secretary shall remit the said Snr- plus to the Secretary of State for the War Department, to be by him paid to the Executor or legal Representative of such Officer or Soldier so deceased, and such Remittance at the End of Twelve Months as aforesaid shall be a Discharge to such ;! ; Military Secretary from all Actions, Suits, ^ - and Demands in respect of such Surplus : PROVIDED always, that the Admi- Registrar of nistrator General or Registrar of Her Ma- |"P^«"« jesty's several Supreme Courts in ^w^^^^take'out Ad- shall not, nor shall any other Person by ministration virtue of his Office, be required or entitled to Surplus. to take out Letters of Administration with the Will annexed or otherwise in respect of such Surplus, nor in any Manner to inter- pose in relation thereto, unless expressly authorized so to do by the said Military Secretary ; i{ 159 I I Where Troops are serving be- Jond the urisdiction of the Courts of Requests, Actions of Debt not ex- ceeding 400 Rupees to be cognizable byaMilitaiy Court. AdminiatraHon to Surplut, Secretary ; and in all Cases in which the Surplus so to be remitted bj the said Military Secretary to the said Secretary of State for the War Department shall not exceed One hundred Pounds, it shall be lawfuU for the said Secretary of State to order and direct the Payment and Distribu- tion thereof to such rersons as he shall determine to be entitled thereto, without any Probate, Letters, Testamentory or Dative, or Payment of any Duty. ,A';^-;i-Vu^ Composition and CoQsti- 103. IN all Places in India where any Body of Her Majesty's Forces may be serving situate beyond the Jurisdiction of any Courts of Requests, or other Courts for enforcing small Demands, established at the Cities of Calcutta, Madras and Bombay respectively, Actions of Debt, and all personal Actions against Officers or against Persons licensed to act as Sutlers, or other Persons amenable to the Provi- sions of this Act not being Soldiers, shall be cognizable before a Court of Requests composed of Military Officers, and not elsewhere, provided the Value in question shall not exceed Four hundred Rupees, and that the Defendant was a Person of the above Description when the Cause of Action arose, which Court the Command- ing Officer of any Camp, Garrison, or Cantonment is hereby authorized and em- powered to convene ; — and the said Court shall in all practicable Cases consist QmitittUion of Omrt of Reqtieats. 159 jtion of Courts ablished ras and ebt, and icers or Sutlers, Provi- s, shall lequests and not question Rupees, erson of ause of )mmand- ison, or and em- the said js consist of of Five Commissioned Officers, and in notation of the Instance of less than Three, and the Presi- ^^^V^^*" dent thereof shall in all practicable Cases ^" be Field Officer, and in no Case be under the Rank of a Captain and every Member shall have served Five Years as a Commis- gioned Officer ; and the President and President, Members assisting at any such Court, *^'- °^ ^^"^ before any Proceedings be had before it, fou'l^^fng ^ shall take the following Oath, which Oath oath. shall be administered by the President of the Court to the otHer Members thereof, and to the President by any Member having first taken the Oath ; (that is to say,) ' I swear. That I will * duly administer Justice according to * the Evidence in the Matters that shall * be brought before me. • So help me GOD.' And all Witnesses before any such Court Powers of shall be examined in the same Manner as '"^^ 9®^"^* in the Case of a Trial by Court-martiaL and it shall be competent for silch Court, upon finding or awarding any Debt or Damage, either to award Execution thereof generally, or to direct specially thai the whole or any Part thereof shall be stopped and paid over to the Plaintiff out of any Part not exceeding One Half of any Pay or Allowance, or out of any other Public Money which may respectively be coming to the Defendant in the current or any future Month or Months, or to direct the same >finecl. «I60 •i'>i .'J/ IMk m, IhWtfS of VOUH of lU^pU/6tiB% same to be so paid bj Instftlments ;--— ^and in all Cases where the Bxecation shall be a;warded generallf the Debt, if not paid fc thwith, shall be leried bj Seizure and public Sale of such of the Defendant's (Joods and Property as may be found within the Oamp, Garrison, or Oantonment under a written Order of the Cottmj^nding Officer, grounded on the Judgment of the Court 5— and all Orders of such Com- manding Officer as to the Manner of such Sale, or the Person by Whom the slune shall be made, or otherwise respecting the same, shall be yalid and Mnding ; and any Goods and Property of the Defendant found within the Limits of the Camp, Garrison, or Cantonment to which the Defendant shall belong at any subsequent Time shall be liable to be seized and sold in like Manner in satisfaction of any Be- mainder of such Delbt or Damages ; — -^and if any Question shall arise whether any such Effects or Property are liable to be taken in Execution as aforesaid, the Decision nnd Order of the said Commanding' Officer shall be final and conclusive witihi respect to the same, lind if suffident Goods shall not be found within the Limits of the Camp, Garrison, or Cantonment,' then anj Public Money or any Part not exceeding One Half of the Pay or Allowances accra* ing to the Deifendant shall be stopped iii| liquidation of such Debt or Damages ; — ■ and if such Defendant shall not receirel Pay 10^ may be on any < Indian Court-n cersof if the A can be Powers of Court of Bequests. \^X Pay as an Officer or from any Public De- partment, but be a Sutler, Servant, or Fol- lower, he may be arrested by like Order of the Commanding Officer, and imprisoned in some convenient Place within the Mili- tary Boundaries for any Period not exceed- ing Two Months, unless the Debt be sooner paid ; and the said Commanding Officer shall not, nor shall any Person acting on his Orders in inspect of the Matters afore- said, incur any Liability to any Person or Persons whomsoever for any Act done by him in pursuance of the Provisions afore- said ; and in Cases where the said Court shall direct specially that the whole or any Part of the \ ebt or Damages shall be stop- ped and paid out of Part of any Pay or Allowances, or out of Any Public Money, the same shall be stopped and paid accord- ingly in conformity with such Direction : PROVIDED always, that nothing h^.feiu-before contained shall ena.ble any such Action as aforesaid to be brought in the said Court by any Officer or Soldier against any Officer. ,, , . ,,. v, ,4^5 104. WHENEVER any Court-martial Provisions may be held in India by virtue of this Act relating to on any Officer or Soldier of Her Majesty's gSs^of Indian Forces, there shall sit on such Her Ma- Court-martial One or more Officer or Offi- jesty's In- cers of Her Majesty's said Indian Forces, m Dwralion o/AeL 165 shall he line shall 1 it shall )r OMcer i except ifirm the rt-raartial Dfficer as ;, suspend, —or, in Servitude isonmast, for such PRO- 1 wherein a itude shall h General of a Com- eKtence of| jd by any Id for tbe this Act icer, such execution (nfirmedby imanding in Indian Gavemor lOVIDED have heeni je tried for jher • Court l06. this 106. THIS Act E^all be and continue in DnratioD of force withim Gmxt Britain from the Twen- ^» Act. ty-fifth Ikkj of April One thousand eight hundred and sixtj-four inclusive until the Twentj-fifth JHay of April One thousand eight hundred and sixty-five ; and shall be and continue in force within Ireland and in Jersey, Ctuernsey, Alderney^ Sark^ and Isle of Man, and the Islands thereto belonging, frc»ni the First Day of May One thousand eiffht hundred and sixty*four in- clusive until the First Day of May One thousand eight hundred and sixty-five ; and shall be and continue in force within the Garrison of Grihaltar, the Medi' teranean, and in Spain and Portugal, from the First Day of August One thousand eight hundred and sixty-four inclusive until the First Day of August One thousand eight hundred and sixty-five ; and shall be and continue in force in all other Parts of Europe where Her Majesty's Forces may be serving, and in the iVest Indies and America, from the First Day of September One thousand eight hundred and Iskty-four inclusive until the First Day x^I \September One thousand eight hundred and sixty-five ; and shall be and continue in force within the Cape of Good Hope, the Ude of France or Mauritius and its Depen- |dencies, Saint Helena, and the Settlements m the Western Coast of Africa, from the Irst Day of January One thousand eight lundred and sixty-five inclusive until the a*s>??.i First 166 '4', MC iS-: ">*. r^;^: mA Duration of Act Firet Day of January One thouaandi ^'ight handred an^S sixty-six ; and sImM he. and continue in force within Briti^ Ckjlum- hia and Vancouver's Island froit^ ike Ijhk of thci Promalgation ihereof in General Orders there iiRlusive until tl^e Urst Day of January Cue thousand eight b^jndreil and sixty-six ; and shall hh and con- tinue in force in all other Places f r T^i tlia First Day of February Oiie tbDusaad eight hundred and sixty-six inclusive untjl the First Day of February Ooe thoi.'fjL^d eigjht hundred and sixty-seven: _^«^PHOVIDED always, that this Act shall, from and after the Receipt and Pro- mulgation thereof in General Orders in any Part of Her Majesty's Dominions or else- where heyond the Seas, hecome and be in full Force, anything herein stated to the contrary notwithstanding. . km " SCHE- :» ^N^tFw ^^^^^HW^^W^^ 167 1 sb-in, be Greneral &lrst Day , bnndreil and con- ices fr-'^' listed at on the Day of 186 ,at o'clock M. by of , and that I have read [or had read to me] the Notice then given to me and understood its Meaning ; that I enlisted for a Bounty of and a free Kit, and have no Objection to make to the Manner of my Enlistment ;— -that I am willing to be attested to serve in the Kegiment of [instead of the Words **in the Regiment," a/iy Words may be substituted whuh are applicable to the Case in or far whatever Part of Her Majesty*s Dominions the Enlistment may be made] for the Term of [the Blank after the Words " Term of" to be filled up with Ten Years for lafantry and Twelve for Cavalry or Artillery or other Ordnance Corps, if the Person enlisted is of the Age of Eighteen Years or vpfvards ; but if under that Age, then the Difference between his Age and Eighteen is to be added to such Ten or Twelve Years {as the Case may be)], provided Her Majesty should so long require my Services, and also for such further Term, not exceeding Two Years, as shall be di- rected by the Commanding Officer on any Foreign Station. Signature of Becruit, ,t ii., i , Signativri of Witneu, Oath 169 I 170 ScfuduUt, I m •f ■ ' ^*- 1 ».- ; Oath to be ^aken b/ a Recruit on Mf- Attestation. I do make Oath, That I will be faithful and bear true Allegiance to Her Majesty, Her Heirs and Successors, and that I will, as in Duty Bound, honestly and faithfully defend Her Majesty, Her Heirs and Successors, in Person, Crown, and Dignity, against all Enemies, and will ob- serve and obey all Orders of Her Majesty, Her Heirs and Successors, and of tl^e Generals and Officers set over me. ' So help me GOD. Witness my Hand, _ Signature of Recruit. ^ Witnets present. The above Declaration and'' Oath were made before me ''at this Day of One thousand \ eight hundred and ,,:■ at o'clock. Signature ofJutilce_ *ioi V Declakation to be made by a Soldier, or Person having been a Soldier, on re- *" newing his Service. I do declare, That I am at present [or was, as the Cau may be,] in Captain Company in the Regiment [the foi esdng Portion of this Declaration may be altered to suit each particular Case] ; that I enlisted on SAtiukg, in ' on ; I will to Her rs, and itly and p Heirs rn, and vill ob- Vlajesly, of the le GOD. Recruit. [b, on re- declare, the Cau )ompany foi essoin altered ll enlisted on on the Day of .for a Term of Years ; that I am of the Age of Years ; and that I will aenra Her Majesty, Her Heirs and Successors, for a further Term of Years [to be filled up with Eleven Years in the Infantry^ or Twelve in the Cavalry, or Nine in the Artillery or Engineers, and in tlie Case of a Soldier about to embark Jor Foreign Service, with such Number of Years as shall be required to complete a total Service of Twenty- one Years in the Ariillery, En- gineers, and Infantry, or Ttoenty'four in the Cavalry}, provided my Services should 80 long lie required, and also for such further Term not exceeding Two Years, as shall he directed hy the Oommandmg Of- ficer on any Foreign Station* Declared before me the _day of. 18 (\:. Siyuature of Soldier J^' Signature of Witnetf,'^^ ff|i ^M Form of Oath to he taken hy a Master whose Apprentice has ahsconded. I of I am hy Trade a do make Oath, That m} le- , and that was hound to serve as an Apprentice to me in the said Trade, hy bdenture dated the ^ «» Day of for the Term of Years ; and that the said ju*» i did on or ahout the >**-*^ Day of 7 ahscond in Sehrnhdm, U-:\ MMcond and quit my Service without my Content ; e n d thai to the heet of my Knowledge and Belief the said ii aged about Years. Witness my Hand at the Day of One thouband eight hundred and Sworn before me at this Da? of One thousand eight handred and Form of Justice's CsRTiriGATX to be given to the Master of an Apprentice. >I One of Her to wit. . ^ Majesty's Justices of the Peace of certtfjr» That of came before me at the Day of One thousand eight hundred and , and made Oath that he was by Trade a , and that was bound to serve as an Apprentice to him in the said Trade, by Indenture dated the Day of for the Term of Years ; and that the said Apprentice did on or aboot the Day of abscond and quit the Service of the said without his Consent, and that tb the best of his Knowledge and Belief the said Apprentice IB aged about Years, lst?4:»rji% Form thout mj Mt of my itness nij Day t hundred FB to be lEimCE. ne of Her the Peaoe Mii One tj Trade pprentice tndenture for 1 that the 16 I quit the without «t of his pprentice dated the "oonrer bj Indenture the Term of 'v "**^ fn •"W did «» „ u"' ""^ *«t the Day of ^^ **" '^ «'»« the Witne«,^c.[«>rj,^rt«j ; ewae before me «t , ' Oath that "'**^ . Mdmade " an indentured r .i7** ^"'"' *® se're Wentare Sti ^^"^ ^ Wm by Feara «./ .^' *« Term of ^^^ s:«c^oJit£^ ^-^-"«^ Service of the said ''^'''^ *"^ ^"'^ the "*« Consent without 173 to wit. Of Of the '.Sdt Fouh u -v 174 Scheduks, ■4 ■ 1 Hi \ Form of Dkclaratioit of Attestation ^ of a Commissary's or Purfctor's Ao- '^ oouirrs. I do solemnly and sincerely declaroi That I have not applied any Monies or Stores or Supplies under my Care or Dis- tribution to my own Use, or to the private Use of any other Person by way of Loan to such Person or otherwise, or in any Manner applied them »• knowingly permitted them to be appli^ ij -o any other than Public Pu^ poses, according to the Duty of my O^ce. Declared before me by the within- named this Day of «. -.ir^w-^iw..".- -^--r — J., Justice of the Peace of '^ '"'^■,' or Commander-in-Chief f or Second ,A.- VW^Zi^A] in Command^ et cceteraf the Army , serving in ' ' "' et cceiera [as the Case may he"]. Form op Declaration of Attestatio» of a Storekeeper's Accounts. I , Storekeeper at do hereby solemnly and sicerely declare, That I have charged myself in this Account with the several Sums drawn for or received by me on Imprests, or for R^nts, Sale of old Stores, or for any other Article or Service ; that they are just and true, and include every Sum for which I am account- able during the Period stated. I also solemnly declare, that I have not, directly I or indirectly, received any Profit, Fee, Emolument, or Advantage whatever beyond "7 hereby g ^ have c the sevei ATIOH 8 Ao- icerely Monies orDis- private Loan to Manner edthem ►lie Pur- j Office. or Secovi the Amy be]. ISTATIOK tNTS. declare, Account received Sale of LFticle or [true, and account- I also directly' fofit, Fee, I jr beyond my Schedules, my Salary and authorized Allowances, except the trifling Advantage which may have arisen in respect to the factional Parts of a Penny in the Totals of the Pay Lists, as sanctioned by the Regulations of 19th Decen:^er 18^2 ^ (See Ai-t. 246, at Page 65, of Home Regulations) ; and I fur- ther solemnly declare, that the several Sums of Money for which I have taken Credit as Disbursements in this Account, amounting to , have been actually and bon^ fide paid by me for the respective Services, without any Deductions to the several Persons entitled to the same, and that the Receipts which accompany this Account have been actually signeu and witnessed by the Persons stated therein ; and I make this Declaration, conscientiously believing the same to be true. 176 ^i^l'):. Storekeeper at. Declared before me at Ihib Day of ut^ tt^i ) ^•> j.«n--' Magistrate for _ . ' - Form of Declaration of Attestation of a Barrack Master's Accounts. I , Barrack Master of the Barracks at , do hereby solemnly and sincerely declare. That I have charged myself in this Account with the several Sums drawn for or received by me 178 SchedvkB, me on Imprests, or for Rents, Damages, and Deficiencies, washing Sheets, or for any other Article or Service ; that they are just and true, and include every Sum for which I am accountable during the Period stated., I also solemnly declare, that I have not, directly or indirectly, received any Profit, Fee, Emolument, or Advantage whatever from or on account of the Pur- chase or Issue of any of the Articles for the Service of the said Barracks, nor have I any Property in Lands, Houses, Tene- ments, or any Article used or employed in the Service of the War Department ; and I further solemnly declare, that the several Sums of Money for which I have taken Credit as Disbursements in this Account, amounting to , have been actually aud bond fide paid by me for the respective Services, without any Deductions, to the several Persons entitled to the same, and that the Receipts which accompany this Account have been actually signed and witnessed by the Persons stated therein ; and I make this Declaration, conscientiouslj" believing the same to be| true. Barrack Master at Declared before rae at this Day of 18 .(, Maffistratt for_ >v.> •»» Form 'espectil Baarks [Muster ftlierein Schedulei, 177 ^....f-; *.-! T -.-O" Form of Dsclaration of Attestatjqk of a Patmaster's Accounts. firty J paid ty thout any , 18 entitled pts wbicM n actually lotis stated jclaration, tme to 1)6 I i' ."•'^ ♦• do solemnly and sincerely declare, That the foregoing Pay List of the Regiment of ^ ^ — for the Period ended 186 , con- tains Charges of Pay for only such Non- commissionned Officers, Drummers, Fifers, Buglers, and Privates as were effective and entitled to Pay during, and regularly mus- tered at, the Periods set against their Names ; that all those Men who were not present at the respective Musters taken by me on the , the , and the have the true Reasons of their Absence stated against their Names ; and that every Absence affecting the 'Faj or Allowances of such Men which occurred between the respective Musters is properly accounted for. Also, that the List of commisp'oned Officers prefixed to the said Pay List con- tains a true and just Statement of the Names of all the Commissioned OMcers who have been effective and entitled to Pay as belonging to the said Regiment for the Periods therein set down againit their respective Names ; also, that all the Re- I marks opposite to their Names on the Muster Roll have been correctly copied l^rein ; and that the Sum debited in the II) general iU general State of this Pay List for the Paj of Offi«iB)[^ lias be«ii actiliaiy iM^iVcId' 1^ me and paid to theln resp6 Pay iebited unting \\f and brmit^f id that or to- ►ect I^ist id o^a^^ latioB, of ,ist trails- that for 186 ) 186 , the SumB credited th Article [dated the tudWledge are boi» Icb is 8^ &Mu&«; ..i'A-iVjJi^,, IW and that they respectively reside at the Places under mentioned. .«rj T NamM of Suretiet. Declared and Bubecribed before me, at ibis Day of 186 U:> V- 'f. - t^i * It is important for the Public Service, and for the Interest of the Deserter, th&t this Part of the Return should bo accurately fill(«d up, and tbo Details should be in- serted by the Magistrate in his own Handwriting, or, under hie Diiootion, by his Clerk. I do hereby certify, that the Prisoner has been duly examined before me as to the Circumstance herein stated, and has declared in my Frrience that he t a Deserter from the above-men- tioned Corps. SignaiHre and Addraa of MagiMrate* Signature of Prwmer. ,Sisnatur9 oflnfvn manl. t Insert "is" or "bnotv" 8« the Owe I certify, that I ha^ ? inspected the Pr juer, and consider him ? for Military Service. , Signature of Military Mettieai (tJUer or of $ Prmte Medical Practitioner. * T'jwvt "fit" or "unflt," as the C««« may be ; and if unfit, state the CaoM ot Unfitness. $ No Fee will be allowed to a Prtvato Medical Practitioner whore a Military M«- dioal Ofllceris statioued, unbsf it isauoirB that his Servioee wer« uot available. nded [or Day of he InohM. RULES AND ARTICLES POR THE BETTEK GOVERNMENT i ■•••'•■ - ■ ■,:■ or HER MAJESTY'S ARMY , Deserter, that U should be in- WbyhiaCleik. From the 2bth Day of April 1$^ i (,- jrf->»v inspected the for spc PUBLISHED BY HER MAJESTT'S COMMAND. of MUUar^ of ( PrwOt -V* •• . 'k- ,»» M tbe Ct««. the Caaieot id to a Priv»t< aMiUt»ryM«- jibsf iti«3W''B kToUftblo* f J i. r f vjU(Kjs*a»?^ij(afei««(». - CONTENTS. 1 2 8 ♦4 *8 10 n 12 *13 14 15 16 n 18 19 20 *21 •!?2 ♦23 *24 SiiOTiMr JL MISCELLANEOUS DUTIBS AND LIABHilTIEa Pdy y Officers absent without Leave, Ao Co notydmo nt by Becniit on finlistment CoDcesifiaeDt on Re-enlistment Furloughs •••••• •••... ... Suttling Orjrifig down Credit MUreatment of Landlords, and Reparation to. . . C»*^iages • r Care of AroM, dpo Care of captured Stores Redress of Wrongs ; Officers —Soldiers Maintenance of good Order , . . . Power to quell Quarrels and Frays Provoking Speeches or Gestures Proceedings on Commission of Civil Ofifences... . Military Offences. Custody of Offenders* • • • ) V Discharging Soldiers Notification to Parilhes of good or bad Coodact of Spldiers on Discharge » Regimental Boards of mgoiry prjdviQi^s to Difr- charge of SQldiac*^. . ... * • ». .,• ^i • %^»,t.9. « e,.^. . • 1 1 2 3 3 4 6 5 6 6 1 1 n 8 8 9 9 10 10 11 U C0NTV5TS. it -r n AitioI«. 26 26 27 28 29 30 31 32 33 34 * 35 * 36 * 87 * 88 ♦ 89 * 40 * 41 * 42 * 43 * 44 * 46 BUDJBCT. 1U80ILLANIOU8 DUTIB8 AND UABIUTUB — Ccut, Monthly Returns, Trantimiuion of —————— Ireland and Scotland --———— Abroad • • Entry of Commissions KffecU and Credits, Staff OfBcers ■ Regimental Officers Soldiers •.... '~ Deserters and Felons Soldier's Book Accounts. Section IL ^ * : CBXMES AND PUNISHMENTS. • I DIVINE WORSHIP. •> ii/-, : ., For not attending Divine Service, dec. . • Absence from Garrison or Regimental School.. . For Absence of Chaplain For Misconduct of Chaplain "■'•''-*. PERJURY. S-' 'i:^"^' ■>'•':•-'■ ' How punishable MUTINY AND INSUBORDINATION. Mutiny and Sediiion Violence to Superior. Disobedience Traitorous Words against the Royul Family* • • • Disobeying Orders in Cases of Fray Disrespect to Commander in Chief. . . • • • Page. 12 12 12 12 12 14 IG 17 17 Id y. 18 19 19 * 66 19 * 66 » 67 • 58 19 * 69 ♦ 60 ♦ 61 * 62 20 * 63 20 * 64 20 *66 21 1 * 66 21 * 67 21 • 68 GomrxiiTf. Page. Article. • 12 12 1 • 46 ft • 12 * 47 1 • 12 ♦ 48 • • 12 • 49 • • 14 ♦ 60 • • 10 ♦ 61 • • IT • • 11 • 62 • • 18 i * 63 ,7' 1 • ♦ 64 • • 18 • • 19 • • 19 ♦ 66 • • 19 * 66 * 57 * 58 • • 19 ♦ 69 * 60 ♦ 61 • 62 20 * 63 20 • 64 20 * 66 21 i * 66 21 * 67 21 * 68 SUSJBOT. P«g». ( OEiMis Ain> PuirisHmwTfl — Continutd, DESERTION, AND ABSENCE WITHOUT LEAYE. * . — DeMrtion * . . Absence without Leare .... Persnadin^ to desert ; conoealhig ...... Ah to a Miiitiaman enlisting into tLo Arm/ Confession of Desertion by a Soldier while senring. Powers of the Oommanaer in Chief to dispense with Trial in Cases of Desertion Powers of District and Garrison Courts*inartial in snch Cases, and of the Commander in Chief as regards Restoration of Pay. As to Desertem from several Regiments Absence without Leaye punishable by General or other Court-martial, or by Commanding Offi- cer; other offences punishable by Commanding Officer OFFEITCES IN THE FIELD, CAMP, GABBISON, ' " ^* • OR QUARTERS. Holding Correspondence with or relieying the Enemy • Cowardice Search for Plunder. Betrayinff the Watchword Giying false Alarms Casting away Arms in Presence of the Enemy. . Sleeping on Post, or quitting it Violence to Bringer of Proyisions, Sco Uuauthorized Flag of Truce Giving a different Parole or Watchword Spreading false Reports in the Field Creating Alarm or Despondency in Action Improper Disclosures Qtiitti ig the Rank without Orders 22 22 23 23 24 26 26 26 26 28 28 28 28 28 29 29 29 29 20 29 30 30 30 f* ^ IMAGE EVALUATION TEST TARGET (MT-S) jM^ ^w v^ \5^ ^m« « « «>^* • • -»•*<.•••• [ot nsortii^ #.l;|ii^i(|r idwiA ;94 J^iip .. f . ... PBUNKINITESS. Drank on Duty m^lfr A>IIVI* • • • Drank on Datv or Pande I>I^GS▲OXFUL CpITDUOT. $9n4«l0)i9.]NM»fioiir of iMiCHJS^'^-- '»'<-••••< (^n(«99nt of Mpn^y or S|(NEli*, . • • • ^ • • ., • • • #.lfu(i|«tion..,i,,,....,,,in«M •%*^... . «9lip|f . #n^wir-W4J«T • • • ^ ••_•.• n t* . • • •!•,***•• $^di^g prjuwMil^ ttolw )loiiv « 9v>Un - . . $^mg or m^auf^ Qm^mwt mqw ^ F^Wf pffojiOW of • Monio^t ITnliii^n . . ,« „^, •,, 90 10 »0 31 J} 81 82 82 33 38 34 37 38 38 36 38 30 30 30 30 IhlOO 101 |N02 r 103 1 vii ♦88 •89 ♦00 ♦•1 ♦02 ♦03 ♦04 ♦05 ♦M ♦07 ♦ 08 00 Moo 101 •102 •108 Ooorti of .Hqquiff |o 1^ M4 ip 1M QHWH >W lM4i«n who btMN|i»A , '1 4'' I ♦ 104 ♦ 105 ♦ 106 ♦ 107 ♦ 108 100 110 111 112 113 114 116 116 117 118 119 ♦ 120 ♦ 121 122 123 i: • StriUng or ill-treating a Soldier 48 Hirinff for Duty, or eonniTioff thereat. 48 Pawn7ng,eeUing,loeiBg,orspdHDgAniMorHonet 48 MaKoious Deetmetion oflnroper^ 40 Crimea not epeoifted 60 Seotiok III. COURTS-MARTIAL. OOMFOSinON OF OOUBTB-XABTIAL. Of General Coorts-martia] Of Detachment Coorts-martial having thePoweni of Qeneral Courta-martial Of District or Garrison Courts* martial Of District Courts-martial on ' rant Officers. . Of Regimental Courts-martial Of Detachment Conrts-marlial having the Powers only of Regimental Court-martial Presjdentf of Courtr martial generally. POWERS OP COURTS-MABTIAL. Of General Coorts-martiat ; Concurrence of Two Thirds reonired for Judgement of Death 66 Sentence ot Death and Penal Senritude limited to General Courts-martial or Detachment Courts n^^^^vo^ « >Corporal Punishment • 67 Solitary Confinement .•.....• 68 1 I 60 61 61 62 62 63 68 64 65 OOJfTVpflt* PHt. • • • • • • • • OflM • • * • • • • • 48 48 48 40 60 owerA 60 61 61 ^2 ,-:*r (62 wn. » 63 > • • • • 63 owen » • • • • 64 > • • • • 65 If Two • • •• ,•••• 66 66 67 68 iitlelt. 184 186 186 127 |»12& 120 180 Mai 182 !*188 184 186 186 l» 137 188 130 140 141 142 143 OOUBTC-M ASn AL — CoilltfllMcC SoUttrj Coniln«iBflnt— SituAtiont wbtra it oMiiiot be pnt into «ffeot SentonoM of 'Gentrni ConrU-marti«l not to b« executed till dnlj oonfinned. Seotencei of Detachment General Coartsmartial not to be execated«itiU duly approved and confirmed Commissioned OfSoert convicted by General Courts-martial may be reduced in Rank or im- priaoned, but not otherwise suspended from Duty or Pay ». . . Powers of General, District, or Garrison Courts- martial as to Imprisonment. ..•• Sentences of District or Garrison Courta-martial not to be executed till duly confirmed.. ....... Powers of District Courts-martial on Warrant OflScers Powers of Regimental and Detachment Courts- martial ; Sentences to be duly confirmed / Powers of General District, or Garrison Courts- i martial as to Stoppages of Pay As to Stoppaffes for making away with Medals. . As to Remission of Stoppages by the Commander in Chief. Powers of Regimental or Detachment Courts- martial on the Line of March Regimental Courts-martial not to try for Desertion or for Absence without Leave excee^g 21 Days, unless Permission is ffranted Power to reduce Mon-commiBsioned Officers. • • • |> As to Terms and Places of Imprisonment Reirimental Courts-martial not to try grave Offences • Commutation of a Sentence of Death . , 68 68 60 69 60 60 61 61 62 68 68 64 64 64 1 1 65 65 66 67 68 ' - r 144 14« 146 147 148 149 150 152 153 154 155 ♦ 156 157 158 159 160 161 162 163 OottiiiHiliMl'•'« • • ■ 6^ 69 76 70 Of Oourts-mar^l; Oitiutobe talEinik#4# Oaths of Witnesses • • • • ..*••••• Previous Oonviotions ibaj t^e brought in Evidence. Mode of proyinl; a previous Connction hy a Couri-uiarUal .»•* Mode of proving a previous Ooaviction bj a Court 0^ ordinaiT CnminaUurisdiotion. ...... Proof of the dortmoatet and of the Identity of the Prisoner * ..•.«•....... * • Iteport of'Proceeditfgs of Qeneral, District and Oarrison Courts-martial to be sent to ^e Judge Advooate GeneraU. v.. • . . . w. • »-• r-« « •v. i'. ^^ • • As to Right to a Copy of the ProoeedingSt • • • • • ProMcutor or Witness for Prosecution not tOaoi as Judge 'Advocate.. I 81 HourtofSitting .••• | 81 72 78 74 74 76 75 n 78 78 79 79 80 80 81 Vl^ l«v. Otir Bitot • •• • !»• • • Uttd • • • • oilgsi 6« 69 70 72 ^tftlv* 164 165 166 • • • • 78 • • • • 74 ■ • • • 74 76 •'••• 76 ru- ■lis; •# • • • n • • • • 76 enc«. 78 by » • • •* 79 by. • • • • 79 >filie >••'»• 80 1 and adg« 80 '• ••'• 81 oaol 1 • • • • 81 • ••• 81 167 168 1*169 170 171 to 177 178 179 180 181 182 183 184 185 186 187 -,.. .. ■ -g^ggljmyjgj^^^^ PaatftyokDIitdrUiiieeofFiotMdligi Condaot in Court and Order of Voiiiig Ko Pwion to bo trfod tmea Ibr tho MtdM OfflNMt; no Sooond Botision aHow^.^ • • • • PBOYOStr UABmUA |Lppointment| DotUi, and Powen oik • ...•»•«. BOABDB AND COVtCtB 6it IHQUIUT* For Inspection of weunded Officers Previous to Discharge of Soldiers On Absence of Soldiert for Two IfonthaN. . • ...^ roBTEITUBll OF PAT. Forfeiture of Pay, Service, Medals, d^c Powen of Secretary of State for War as re- gards Pay Sectioit IV. RANK. R^mental and Brevet Lite Guards, Horse Guards, and Foot Guards.... Life Guards Foot Guards Late East India Company's Service and Indian Army Provincial Officers, North America Regulars, Militia, Fencibles, and Yolunteers. . • r Fii§e* 81 82 8S 88 84 86 87 88 to 92 92 92 92 93 93 98 94 94 94 96 4 '^I Artiola. 188 189 100 101 102 108 8UBJB0T. SCOTIOV V. AFPUOATIOK OF THE ABTIGLSa Penoni nibjeot to Ifilitary DiidpHM • * . . OoMtraotion of Artiolet No Person to be liable to Punishment extending to Life or Limb or Penal Senritade, except for Crimes expressly declared to be so punishable. Troope abroad ■ on board Ships of War or Transport. • . • Promnlgation of the Articles Notice of the Law against seducing Persons in Her Majesty^s Forces from their Duty, or indtbg them to Mutiny. Hi*. 05 07 08 08 09 09 100 j It i J^ { ss. **•• 05 • • • • 97 ^ng >tlbi able. 08 '<'•'• • . 08 It • • • , 09 a • • < . 09 '. *1 100 Note. — The Artielea marked with an Asterisk (*) are to be read ahudio the Troope once in Three Months. IN f.>il 18 VICTORIA B. RULES AND ARTICLES rt fOft THE BETrER GOVERNMENT OF OUR ARMY. i' SECTION I. DUTIES AND LIABILITIES. MUSTERS. MUSTERS shall be taken of Our Regi- art. L ments of Life Guards, Horse Guards, and Foot Guards, Twice at least in every Year, at such Times as shall be appointed, and agreeably to the Forms heretofore used ; Musters of every other Corps in Our Anny shall be taken accoi^ding I to such Regulations as We may think [fit to establish in relation thereto ; no Officer or Soldier or other Person liable to be mustered shall be absent from such Musters without the Leave of the proper Authorities. ■(>i REGIMENTAL PAY OP OFFICERS. REGIMENTAL Pay shall not be lissued to any Officer who shall absent pimself without Leave, or shall overstay the Period for which Leave of Absence may 2. DuUeB and LiahUitiea, , !f m i ) 1 * \ , 'An 3. ? iB'l, may have been granted him ; shall not on Promotion ; — or who Exchange ; or Removal to another Regiment ; or on Appointment from the Half to the Full Pay ; join within Two Month the Corps to which he may have been so appointed ; or who shall not, on his first Appointment in the Army, join as directea in Orders from Our Adjutant General ; unless a satisfactory Expla- nation shall have been given through his Colonel or Commanding OfHcer, and shall have been notified by Our Commander in Chief to Our Secretary at War. CONCEALMENT BY RECRUIT ON ENLISTMENT. ♦ . ANY Recruit who shall have en- listed into and been attested for Our Army I or Our Indian Forces, and who shall be discovered to be incapable of active Service by reason of any Infirmity concealed or not declared by such Recruit at the Time of his Attestation, may be transferred to| any Garrison, or Veteran or Invalid Bat- talion or Company, notwithstanding he| shall have enlisted for any particular Re- giment or Corps, and shall oe entitled toj receive such Proportion or Residue of Bounty only as Our Secretary of State for War may allow, instead of the Bounty which such Recruit would have been other-l wise entitled. COM may \ Day c foUoT^ theG that : Furlo other limited DuUet and LiabiliUet. 8 CONCEALMENT ON RE-ENLISTMENT. IF any Person discharged fVom Our Army for Disability, Misconduct, or for any other Cause, shall subsequently re-enter the Army, and shall, at the Time of his being attested, conceal the Fact, or misre- present the Cause of his former Discharge ; he shall neither be allowed to reckon his past Service, nor to receive any Pension, if again discharged for Disability. FURLOUGHS. COMMANDING Officers of Regi- ments in Great Britain and Ireland are authorized to grand Furloughs to Soldiers, subject to the Control of the General Officers under whose Command the Regi- ments may be serving ; but these In- dulgences are not to be granted during the Seasons for Reviews, Field Exercise, and Inspections ; viz, between the Tenth Day of March and Twenty-fifth Day of October in each Year ; except under peculiar and urgent Circumstances ; the Number of Soldiers to whom Furloughs may be granted, between the Twenty-fifth Day of October and Tenth Day of March following, is to be regulated according to the General Order which may be issued on that Head ; and when any Soldier on Furlough shall be detained by Sickness or other Casualty beyond the Time therein limited, and Military Officer, not below the Rank '4. Duties and lAalilUiea, < i' ■,.\.-i Rank of Captain, or any Adjutant of Regular Militia, or when there is not any such Officer within a convenient Distance, then any Justice may grant an Extension of such Furlough for a Period not exceeding One Month, notifying the same to the Com- manding Officer of the Corps to which the Man belongs, or to the Agent of the Regiment. SUTTLING. \ 0^ NO Sutler shall be permitted to sell any Kind of Liquors or Victuals, or to keep his House or Shop open for the Entertainment of Soldiers, after Nine o'clock at Night, or before the Beating of the Reveilles, nor shall he be permitted to . sell Liquors of any Sort during such Time or Times as he shall be forbidden so to do by the Officer commanding the Troops in the Barracks to which the Canteen be- longs ; nor upon Sundays during Divine Service or Sermon; on the Penalty of being dismissed from all future Suttling; but all Officers, Soldiers, and Suttlers shall have fidl Liberty to brinpf into any of Our Forts or Gafrisons any. Quantity or Species of Provisions, eatable or drinkable, except where any Contracts are entered into by Us, or by Our Order, for furnishing such Provisions ; (this Exception ex- tends only to the ^peci'^s of Provisions so contracted for ;) aad all Officers com- manding DtUies and LiabiUHes, manding in Cur Forts, Barracks, or Garri- sons, are required to see, as thej shall be answerable to Us for their Neglect, that the Persons permitted to suttle, supply the Soldiers with good and wholesome Provi- sions, at the Market Price* CRYING DOWN CREDIT. THE Commanding Officer of every Corps shall, upon its urst coming to any Place where it is to remain in Quarters, cause public Proclamation to be made that if the Landlords or other Inhabitants suffer the Soldiers to contract Debts, such Debts will not be discharged ; the said Com- manding Officer refusing or neglecting so to do shall be suspended for Three Months during which Time his whole Pay shall be applied to the discharging of such Debts as shall have been contracted by the Sol- diers under his Command beyond the Amount of their daily Subsistence ; if there be any Overplus remaining it may be re- turned to him : if after public Procla- mation made as above directed the Inhabi- tants shall notwithstanding suffer the Sol- diers to contract Debts with them, it will be at their own Peril, the Officers not being obliged to discharge such Debts. BILLETS. ■a; IF any Complafnt shall be made against any Officer or Soldier of Ill-treat- ment 1 I ►8, 6 9 10. .m Duties and Liabilities, ment of Landlords by Violence, Extortion or making Disturbances in Billets, the Officer Commanding shall, after Proof of the Justice of the Complaint, cause Se- paration to be made, either by causing the Offender to be tried for the Offence, or by making Compensation in Money, to the Extent of stopping Half the Offender's Pay daily until the Demand be satisfied or full Reparation be made ; and if such Com- manding Officer shall refuse or neglect to cause such Reparation to be made he shall be deemed equally culpable as the Actual Offender; and ifthe Officer or Soldier shall protest against such summary Pro- ceeding of his Commanding Officer, the Matter shall be inquired into, and, if necessary, tried before a competent Court- martial. CARRIAGES. THE Commanding) Officer of every Corps ordered to march If to apply to the proper Magistrates for the necessary Car- riages f and to pay for them as directed by the Mutiny Act. ARMS AND STORES. • EVERY Captain is charged with the Arms, Accoutrements, Ammunition, Cloth- ing, or other Warlike Stores belonging to the Troop or Company under his Command, for which he is tt) be accountable to his Colonel or Officer commanding the Regi- ment, xtoriion Bis, the Proof of wse Re- ising the 5e, or by , to the )fFender*8 tisfied or ich Com- eglect to Q he shall le Actual ►r Soldier lary Pro- ficer, the L and, if mt Court- j.-i ,* ■■ ■» r of every ply to the sary Car- is directed )d with the on, Cloth- longing to ommand, ble to his the Regi- ment, /tUiea and LiabiHtua, ment, in case of their being lost, spoiled, or damaged, not by unavoidable Accident or on actual Service. ALL public Stores taken from the Enemy, whether of Artillery, Ammunition, Engineer Stores, Clothing, Forage, or Pro- visions, shall be secured for Our Service, and the Officers commanding in chief are to be answerable to Us for any Neglect in this respect. v REDRESS OF WRONGS. r IF an Officer shall think himself wronged by his Commanding Officer, and shall, upon due Application mads to him, not receive the Redress to which he may consider himself to be entitled ; he may complain to the General commanding in chief of Our Forces, in order to obtain Jus- tice ; who is hereby required to exanine into such Complaint ; and either by, himself, or by Our Secretary at War, to make his Report to Us thereupon, in order to receive Our further Directions. im IF a Non-commissioned Officer oi I Soldier shall think himself wronged in any Matter affecting his Pay or Clothing by his Captain, or other Officer commanding the Troop or Company to which he belongs, he is to complain thereof to the Command- |iog Officer of the Regiment, who is hereby required 11. 12. J I 13. .<- i 14. i?4 15. required to summon a Rfgimentcd Court of Enquiry for the Purpose of determining whether such Complaint is just ;— -from the Decision of which Court of Enquiry either Pai*ty may, if he thinks himself still aggrieved, appeal to a G^/iera/ Court-mar- tial and such Court shall hear and de- termine the Merits of the Appeal, and after determining the same, and aftpr allowing the Appellant to show Cause to the con- contrary, by himself, and by Witnesses, if any, may, either confirm the Appeal or'dis* miss it without more, or may, if it shall think fit, pronounce such Appeal groundless and vexatious, and may thereupon sentence such Appellant to such Punishment as a General Court' martial is competent to award. MAINTENANCE OF GOOD ORDER. Hi EVERY Commanding Officer shall keep good Order, and to the utmost of his Power redress all Disorders committed by | any Officer or Soldier under his Command ; i • and all Officers and Soldiers are to I behave themselves orderly in Quarters and on their March, and are not to quit their] Camp or Quarters, or to fail at Parade. ALL Officers, of what Condition soever, have Power to quell all Quarrels, Frays and Disorders, though the I'ersons concerned should be of superior Rank, or belong to another Corps, and either to orderl Officers Court of termining - — ^from Enqtury nself still lourt-mar- ir and de- , and after • allowing I the con- itnesse^, if >eal or'dis- shall think mdless and itence such 5 a General rard. ORDER. WBcer shall lost of his I ..jmitted by Command; liers are to I 'uarters and quit their arade. Condition II Quarrels,' the Persons! )r Rank, or ther to order Officers DuHea and Liabilities. Officers into Arrest, or Soldiers into Con- finement, until their proper Superior Officers shall be acquainted therewith, NO Officer shall use any reproachful or provoking Speeches or Gestures to another. ^ % fe' PROCEEDINGS ON COMMISSION OP | OFFENCES. * WHENEVER any Officer or Sol- dier shall be accused of a Capital Crime, or of Violence, or any Offence against the Per- sons or Property of Our Subjects, punish- able by the known Laws of the Land, the Commanding Officer and Officers of his Corps are, upon Application duly made in behalf of the Party injured, to use their utmost Endeavours to deliver over such accused Person to the Civil Magistrate ; and assist the Officers of Justice in apprehending and securing him. ^ WHENEVER any Officer or Sol- Idier shall commit a Crime deserving Punishment, he shall, by his Commanding OfFcer, be put in Arrest, if an Officer, or, if a Soldier, be confined until he shall be either tried by a Court-martial, or shall [be lawfully discharged by a proper Au- thority ; and no Officer or Soldier, ho shall be put in Arrest or Confine- ent, shall continue in such Arrest or Confine- 16. 17. i.l IS. Duties and LiahiliUea, f t Confinement more than Eighi Day% or until such Time as a Court-martial can be conveniently assembled. 19« NO Officer commanding a Guard, or Provost Marshall, shall refuse to receive or keep any Prisoner committed to his Charge by any Officer or Non-commissioned Officer belonging to Our Forces ; and every such Officer or Non-commissioned Officer shall, at the same Time, or without unnecessary Delay, deliver an Account in Writing, signed by himself, of the Crime with which the said Prisoner is charged. DISCHARGES. 20. EVERY Commissioned Officer sen- tenced to be kept in Penal Servitude, on such Sentence being confirmed, shall cease to belong to Our Service. 21. SOLDIERS, having been duly en- listed and attested, shall not be dismissed | Our Service without a Discharge or Certi- ,il ficate, granted according to the General! Order on that Head, which shall be in forcej at the Time of granting the Discbarge. *22. NO Soldier shall be discharged, ^ unless by Order of Our Commander iQl Chief, certified by an Officer of the Adj jutant General's Department ; or bj Authority direct from Us ; except in the Cases of Soldiers serving on Foreign Staj ( tioi « Oays^ OT nl can be a Guard, to receive )d to his missioned ; . and ^missioned jr without Account in the Crime jharged. Dfficer sen- jrvitude, on shall cease discharged,! imander in of the Ad-^ — or bi -except iForeign Staj tioi Duties and LioMities, tions, where General Officers commanding are authorized, under such 1 Regulations and Restrictions as may from Time to Time be prescribed by Our Commander in Chief, to direct that Soldiers shall be discharged. THE Names of Soldiers of any Regiment or Corps who have received Our special Approbation for meritorious Con- duct, or who have received a Donation of Money in addition to their Pension on Discharge, shall be notified to the Parishes to which they may belong, by Our Secre- tary at War; — ^-and on the other hand, the Names of Soldiers who have been dismissed with Disgrace, or who have for- feited their Pension owing to Misconduct, shall be equally notified to the Parishes to which they belong; such Notification being afiixed on the Outside of the Door of the Church or Chapel on the Sunday next succeeding the Beceipt of the Notification. NO Soldier shall be discharged, whetheir for Unfitness or for any other Cause, unless his Services, Conduct, Cha- racter, and the Cause of his Discharge be ascertained before a Regimental Board, as herein-aftor provided ; but when a Sol- dier shall have been sentenced to Penal Servitude he may be discharged forthwith by Order of Our Commander-in-Chief, and I such Discharge shall not affect the Execu- ition of his Sentence. ^ RETURNS li ►23. Tk'C* « 1^ nV. 24. '«> m 12 DiUiea and LiabiUtiea, xs* t » f< t ! - !^ RETURNS AND ACCOUNTS. 25. THE Commanding Officer of every Corps, at home and abroad, shall, on the First of every Month, transmit to the Commander in Chief of Our Forces, and to Our Secretary at War, an exact Return of the State of such Corps, specifying the Names of the Officers absent, and the Beason for and Time of their Absence. 26. RETURNS shall be made, in ^ike Manner, of the State of Our Forced in Ireland^ to the Lord Lieutenant or Chief Governors thereof, and to the General Officer there commanding ; and of Our Forces in Scotland^ to the Officer there commanding. 27. EXACT Returns of the State of Our Garrisons and Corps stationed abroad shall be transmitted by their respective Governors or Commanders there residing, by all convenient Opportunities, to Our Commander in Chief and Secretary at War. 28. ALL Commissions granted by Us, or by any of Our Generals having Autho- ^ , rity from Us, shall be entered in the Books of Our Secretary at War, otherwise they will not be allowed of at the Musters. 29. WHEN any Officer employed on the Staff of Our Anny shall die on Service, J . . the Duiui and Liahiliim, the Officer cpmmanidiDg on the Station shall appoint Two Officers, One of whom shall, if practicable, be a Field Officer, who shall secure, if in the United Kingdoip, all the Effects of the Deceased in Camp or Quarters, and if out of the United Kiiigdomy all the Effects of the Deceased .within the Station, Colony or Command, and, provided the Heir or legal Representative, being on the Station, pay all the Military Debts, and signify a Wish in Writing to receive such Effects, the Two Officers shall give posses- sion thereof to such Heir or legal Hepre* sentative, and shall report having so done to Our Secretary at War, or, if no such writ- ten Wish be expressed, shall, within One Month after the Death of the Officer, make an Inventory thereof, and, after Payment of the Military Debts, shall pay over the Balance to the Heir or legal Represent«itive of such deceased Officer, if present on the Station, upon the Production however, if the Amount be I'ifty Pounds or upwards, a to Our I of Probate of the Will, or of Letters of ry at War. lAdministration, and shall send a Report ■thereof, with a Copy of the Inventory, and ted by Us, lw Account of the Debts and Credits, to ne Autho- |Our Secretary at War ; and if there be the Books lno I}eir or legal Representative present, rwise they V^l) if at home, remit the Balance to the isters. of every ^ on the to the rces, and ;t Returu lying the and the 3nce. e, in Jike Forced in or Chief General md of Our icer there State of ed abroad respective residing, is iployed on I I on Service, the I neral Agent for the Recruiting Service London^ or if in India, deposit the alance in the Hands of the Paymaster of or Indian Forces, for the Purpose of being paid '^r 14 ^30. ^. ?>i* Dtittef an(2 ZtaMZtMsf. paid over to Oar Secretary at War by Oor Secretary of State in Council of Jncfta, and shall thereupon transmit the Receipt of such Paymaster to Our Secretary at War direct ; and if at any Station abroad, excepting India, shall lodge the Balance in the Com- missariat Chest, taking a Receipt for the same from the Officer in charge of the Com- missariat Chest, which Receipt, together with the Inventory and the Account of Debts and Credits, they shall transmit to Our Secretary at War, making at the same Time a full Report of their Proceedings to the Officer commanding on the Station; —in order, in every such Case, to the Balance being paid over to the legal Re- presentative, under the Directions of Our Secretary at War. WHEN any Commissioned Officer shall die in Our Service, the Major of the Regiment, or the Officer doing the Major's! at W| Duty in his Absence, shall immediateljl then secure, if in the United Kingdom, all the! shall Effiscts of the Deceased then in Camp orl War Quarters, and if out of the United KingdoniJ the all the Effects of the Deceased within the! List; Station, Colony, or Command ; andl shall provided the Heir or legal Represenfthe tative, being present at Head Quarteiathe or on the Station, pay all Regimental Secre Debts and Quarters, and signify a Wisllin C in Writing to receive such Effects, thl trans Major shall give possession to such Hei|Our or his Wi exi De of: Cai can mat Inv< Reg fial£ to I Rep if pi ducti Pom Will, and Invej and Dutiei and IMUitits, or legal Representative, and shall report his having so done to Our Secretarv at War ; or if no such written Wish he expressed shall, within One Month after the Death of the OiBcer, with the Assistance of Two other Otficers not under the Rank of Captain, unless when Officers of that Rank cannot be had, to be appointed by the Com- manding Officer of the Regiment, make an Inventory thereof, and after Payment of Regimental Debts and Quarters place the Balance in the Hands of the Paymaster, to be by him paid to the Heir or legal Kepresentative of such deceased Officer, if present at Head Quarter, upon the Pro- duction however, if the Amount be Fifty Pounds or upwards, of l*robat^ of the Will, or of Letters of Administration ; and a Report thereof, with a Copy of the Inventory and an Account of the Debts and Credits, shall be sent to Our Secretary at War ; but if there be no Heir present, then the Inventory and the said Account shall be transmitted to Our Secretary at War; and the Paymaster shall credit the Balance in the next Regimental Pay List; or if the Regiment be in India shall deposit the Balance in the Hands of the Paymaster of Our Indian Forces, for the Purpose of being paid over to Our Secretary at War by Our Secretary of State in Council of India, and shall thereupon transmit the Receipt of such Paymaster to I Our Secretary at War direct ; in order. 15 13 m Vk y f • yt .,: % ! 'H \U la. fjit Ki *' 16 Duiim and LtahdiHm, in every such Case, to the Balance being paid oyer to the legal RepresenUttire, under the Directions of Our Secretary at War. *3L WHEN any Non-comniissioned Offi- cer or Soldier shall die in Our Serrice, the Officer commanding the Troop or Com- pany to which the Man belonged sha: immediately secure, if in the United Kinj, dom, all the FfTects of the Deceuser* ^ < en in Camp or Quarters, and if out of the United Kingdom, all the Effects of the De- ceased within the Station, Colony, or Com- mand; and shall, with the Assistance of Ttm other Commissioned Officers, forth- with make an Inventory thereof, and shall within Ojie Month of the Death of the Soldiei, after Payment of Kegimental Debts and Quarters, place the Balance in the Hands of the Paymaster, to be by him paidj to the Heir or legal Representative, if pre- sent at Head Quarters, upon the Productionl however, if the Amount be Fifty Pounds! or upwards, of Probate of the Will, orofi Letters of Adminis* 't»r.n ; — — and a| Report thereof, with v ^y of ♦be Ini ventory, and an A- ^aUw of the Debt and Credits, shall be sent to Our Secretarji at War ;« but if there be no Heir pi sent then such Paymaster shall transmij ttie Inventory and the Account to On l^ecretary at War ; and' credit tl Balance in the next Regimental Pay List] —or if the Regiment be in India, sha' f '-* ,, ♦ "^^ depofi [ce being re* under ;War. oned Offi" • Service, p or Com- iged ehv ; ited Kinb juse^* ' en )ut of the oftheDe- y, or Com- Assistance Lcers, forth- f, and shall »ath of the ,ental Debts nce in ^"® by him paid itive, if pw- 1 Production ifty Pounds! Will, or of and a1 of ♦be h tho Deb [X Secretar io Heir p tall transmil ►unt to credit tl i\ Pay List India, sha' depoi DuUm and lAaliliUes, deporit the Balance in ihf Hand« of the Pajmafter of Our Indian Forcef, for the Purpose of being paid over to Our Si^cretary at War by Our Secretarv of 8t«te in Council of India, and shall thereupon Vn.3mit the Receipt of such Paymaster . < Mr Secretary at War direct ; in orde:% in every such Case, to the Balance ueing paid over to the legal Representative, nnder the Directions of Our Secretary at War. WHEN any Soldier shall desert irom> Our Service, or be delivered up as an Apprentice, or be convicted of Felony by the Civil Power, the Officer commanding the Troop or Company shall immediately secure alt his Effects ; and shall, with the Assistance of Two other Commissioned Officers, forthwith make an Inventory thereof, and within Three Months of the Date when the Soldier became non-effec- tive shall, after Payment of Regimental Debts and Quarters, place the Balance in the Hands of the Paymaster, to be by him credited in his public Accounts, the Pay- master transmitting the Inventory, together iwith an Account of the Debts and Credits, |to Our Secretary at War. EVERY Non-commissioned Officer id Soldier of Our Forces shall be pro- rided with a Book, calculated to snow Servioesy Age» I>Lte of Enlietment, ^ and » 32. I ♦33. 18 f, -f •t '.'■ r 4 i ' 1 34. ,=^ 35. *,'« Duties and Liabilities, and the actual State af his Accounts, in conformity with Our Regulations on this Head ; and every Commanding Officer shall state, upon the Monthly Return of the Regiment under his Command, whether all the Non-commissioned Offi- cers and Soldiers of the Regiment are in possession of the said Books, and whether the Orders on this Head are properly attended to. THE Accounts of Our Forces ehall be made up and transmitted according to ■ shall such Regulations as We may think fit to I ing in establish in relation thereto. | shall marti SECTION 11. "'^^*^ CRIMES AND PUNISHMENTS. DIVINE WORSHIP. ANY Officer or Soldier who, not havingl just Impediment, shall not attend] Divine Service in the Place appointed for] the assembling of the Corps to which h( belongs; or who, being present, shall behave indecently or irreverently; oi who shall offer Violence to a Chaplain of th( Army, or to any other Minister of God's Word, shall be liable, if an Officer, to suci Punishment as by a General Court-martial shall be awarded, and if a Soldier, to suci Punishment as by a General, District oj Garrison Court-martial shall be awarded, k AN^ victed Perjur Soldie Articli Distrii beliab may a Crimes and PunuHimtnU* 1% >i^'\ ANY Non-commissioned Officer or Soldier who, without due Cause or without Leave from his Commanding Officer, shall absent himself from the Garrison or Kegi*^ mental School, when duly ordered to attend there, shall be liable to be tried before a Court-martial for Disobedience of Orders, or be subject to such Punishment as it may be competent for his Commanding Officer to award. ANY Commiasionei Chaplain who, shall absent himself from his Duty (except-^ ing in case of Sickness or Leave of Absence) shall be brought before a General Court- martial, and punished as the Circumstances of his Offence may require. ANY Commissioned Chaplain who shall be guilty of Misconduct or viciousr Behaviour derogating from the sacred Cha- racter with which he is invested, shall, on Conviction before a General Court-martial, I be discharged from his Office. 36. PERJURY. M' EVERY Commissioned Officer con- Ivicted before a. General Court-martial of Perjury shall be cashiered ; and every Soldier or other Person subject to these Articles convicted thereof before a General, Wistrictt or Garrison Court-martial, shall be liable to such Punishments as such Court may award. ^ . MUTINY 37. 38. 39. alff i I f 'f.. •m 40. i *i. 41. 42. (Vtf?M9 and Pumshmenis, MUnKY AND INSUBORDINATION. ANY Officer or Soldier who ahall begin, excite, cause, or join in any Mutiny or Sedition in any of Our Land or Marine Forres, or in any Party, Post, Detachment or Guard, on any Pretence whatever ; or who, being present at any Mutiny or Sedition, shall not use his utmost Endeavour to suppress the same ; or who, coming to the Knowledge of any Mutiny or in- tended Mutiny, shall not without Delay give Information thereof to his Commanaing Officer ; or WHO shall strike a Superior Officer, or use or offi3r any Violence against him, being in the Execution of his Office ; or who, being confined in a Military Prison, shall strike,use, or offer any Violence against a Visitor or other his Superior Military Offi* cer, being in the Execution of his Office ; ■or I liii' ^ WHO shall disobey the lawful Com- mand of his Superior Officer; SHALL, if ^ W^ Officer, suffer DEATH, or such other Punishment as by a General Court-martial shall be awarded ; ^Mv.J* * . ^y-. -^-ft-if^- M AND, if a Soldier, shall suffer DEATH, PENAL SERVITUDE for a Term of not less than Four Years, or such other HON. ver ; iutiny or ndeayour I, coming ly or in- mt Delay umanaing or Officer, iinst him, ffice ; Lry Prison, ace against itary Offi* ds Office; wful Corn- er, shment as shall be lall DE |rd> or such Crimes and Puniahmenti, other Punishment as by a General Court- martial shall be awarded. ANY Officer or Soldier who shall use traitorous or disrespectful Words against Our Royal Person, or any of Our Royal Family ; or WHO, being concerned in any Fray, shall refuse to obey any other Officer (though of inferior Rank) who shall order him into Arrest ; or shall draw his Sword upon or offer Violence to such Officer ;— — Vk '-?v„ SHALL, if an Officer^ on Con- viction of any one . of the aforesaid Of- fences, before a G^/i^ra/ Court-martial, be CASHIERED ; and if a Soldier, shall, on Conviction thereof before a General^ District^ or Garruon Court-mar- tial, be liable to such Punishments as such Court may award. - ANY Officer or Soldier who shall behave with Contempt or Disrespect towards theGeneral or other Commander in Chief of Our Forces, or shall speak Words tending to his Hurt or Dishonour ; or shall strikeor offer Violence or use threaten- ing language to his Superior Officer ; SHALL, if an Officer, on Conviction thereof, be LIABLE to be CASHIERED ; — or to suffer such other Punishment, according to the Nature and Degree of the Offence, 43. 44. i ^l. 45. Crimea and Punuhmenia, 1. ' i . t / 46. " 47. / Offence, as by the Judgment of a General Court-martial may be awarded ; and if a Non-commissioned Officer or Soldier, shall, on Conviction thereof, be punished according to the Nature and Degree of the Offence by a General, District, Garrison, Regimental, or other Court-martial. DESERTION, AND ABSENCE WITHOUT LEAVE. ANY OflRcer who shall desert Qur Service shall suffer DEATH, or such other Punishment, as by a General Court-martial shall be awarded ; ANY Non-commissionned Officer or Soldier who shall desert Our Service shall suffer DEATH, or such other Punishment as by a General Court-martial shall be awarded ; and if tried by a District or Garrison Court-martial, shall suffer such Punishment as such Court may award; and any Non-commissioned Officer or Soldier enlisted or in Pay in any Regiment or Corps who shall, without having first obtained a regular Discharge therefrom, enlist himself in any other Regiment or Corps, may be punished as a Deserter from Our Service. ■V * i -B \ ANY Soldier absenting himself with- out Leave for a Period exceeding Twenty- one Days shall be tried for Desertion by a Generali Orimea and Puntshinents, General, District, or Crarrison Court-mar- tial, unless Permission is given to try such Soldier for Absence without Leave by a Hegimental Court-martial ; but any Soldier may be tried for Desertion without reference to the Time during which he may have been absent, and may thereupon be found guilty either of Desertion or of Ab- sence without Leave. . 1 ANY Officer or Soldier who shall 48. advise or persuade any other Officer or Soldier to desert Our Service ; or who shall knowingly receive and entertain any Deserter, and shall not immediately on Discovery give Notice to his Commanding Officer, or to Our Secretary at War, or shall not cause such Deserter to be appre-* hended by the Civil Power ; i SHALL, if an Officer, on Convic- tion thereof before a General Court-martial, be CASHIERED; and if a Soldier, shall, on Conviction thereof before a Ge* j neral. District, or Garrison Court-martial, I be liable to such Punishments as such Courts may award. i IF any Man while belonging to a 49. I Militia Regiment shall enlist in and be attested for Our Army, or Our Indian Forces, he may be dealt with in the Manner provided for in the 50th Section of the Mutiny Act. , ' . IF v$ HhP^' •^mi Wm' y m i0i. li '' ■ \>lti ii ' ^ ^^'■^>4 ' .■_ ^•^frf' J ■ 1 R 'j-{* . Iw: U;-!« ■ m- 2:4. 50. Bf) ■ ■ : :f^'^.:^ - ^'-I 4^: M, • ♦ ■.,^, IF any Soldier while serving in any Begiment or Corps shall confess to his Commanding Officer that he is a Deserter from some other Regiment or Corps, or from the Militia, and Evidence of the Truth or Falsehood of such Confession cannot then be conveniently obtained, a Record of such Confession, signed by such Commanding Officer, shall be en- tered in the Regimental Books, and such Soldier shall continue to do Duty in the Regiment or Corps in which he shall then be serving, or in any other Regiment or Corps to which he may be transferred, until he shall be discharged, or until legal Proof can be obtained of the Truth or Falsehood of such Confession, of the making of which Confession the said Record, or a Copy thereof purporting to bear the Signature of the Officer having the Custody of the Regimental Books, shall be sufficient Evi- dence; and in any Case where such Con- fession shall then appear to be true, such Soldier may be arraigned before a General^ District^ or Garrison Court-martial on a Charge for Desertion, and, if convicted, may be punished accordingly; and where such Confession shall appear to be false, such Soldier may be arreigned before a I District or Garrison Court-martial on a Charge for making a false Statement to his Commanding Officer; and he may, if convicted, be sentenced to such Forfeitures, in respect of Pay, Pension, Annuities, and Medals, iginany s to his Deserter Jorps, or B of the onfession itained, a igned by L be en- and such ty in the shall then giment or irred, until egal Proof Falsehood 5 of which r a Copy Signature )dy of the icient Evi- such Con- true, such a General^ rtial on a irieted, may and where to be false, d before a irtial on a ment to his he may, if Forfeitures, nuities, and Medals, Medals, as may be awarded in the Case of ** a ConTiction for Desertion, in addition to> any other Punishment such Court may^^ award in respect of the Charge on whick'/ he is arraigned;— — a Letter purpoting to^ be written in reply to an Inquirf respecting the Truth or Falsehood of such Confession, - and to be signed by or on behalf of the Comihanding Officer of the Regiment or Corps from which such Soldier confesses himself to have deserted, shall be admissible in Evidence against such Soldier, and shall be deemed to be legal Eyidence of the Facts stated therein. 25 jj^r tTf^^ OUR Commander in Chief may dis- pense with the Trial of any Soldier for^ Desertion in any Case in which it shall appear that there are special Circumstances to justify such Dispensation ; Our Com- ^ mander in Chief may also order any Soldier who, while serving in any Regiment or Corps, confesses himself to be a Deserter" from another Regiment or Corps, to con- tinue to serve in the Regiment or Corps in I which he shall be then serving. ms. IT shall be lawful for a District or* \Qarrison Court-martial, in addition to any other Punishment which such Court may' award, to sentence any Soldier convicted |of Desertion to Forfeiture of all Advantage to aditional Pay, Good-conduct Pay, id Pension on Discharge, which might icruefrom future Service; ^and sucht Court 51. 52. 26 Crimes and Punishments, ; «' Court may further recommend any Soldier convicted of Desertion to be discharged with Ignominy from Our Service ; but when such Recommendation is made in the Case of a Soldier entitled to a Pension on Discharge, Forfeiture of all Claim to Peu- sion on Discharge shall form Part of the Sentence of the Court. IN any Case, however, of such For- feiture of all Advantage as to additional Pay, Good-conduct Pay, and to Pension on Discharge, on Conviction of Desertibn, if the Soldier shall have subsequently served and performed good, faithful, or i^"*. gallant Services in Our Army, he may, on the same being duly certified by Our Com- mander in Chief, be eligible to be restored to the Benefit of the whole or of any Part of his Service ; and should the Restora- tion be approved by Us, Our Order for the same will be signified through Our Secretary at War, 53. -'m: EVERY Soldier shall be liable to be tried and punished for Desertion from any Regiment or Corps into which he may have unlawfully enlisted, although he may of right belong to another Regiment or Corps, and be a Deserter therefrom ; and any Number of Charges for Desertion may form the Subject of a single Arraign- ment* ■ nh^ffys^hi^.x^ _*p;Al; L:*Ytolf';te ^\f»!' 54. ANY Soldier who, without Leave from his Commanding Officer, shall absent / d-moO himself Soldier charged but le in the nsion on L to Peu- •t of the nch For- tdditional Pension )esertibn, sequently ithful, or 5 may, on Dur Coin- restored any Part Restora- er for the Secretary liable to rtion from ;h he may 'h he may giment or rom ;-7— Desertion Arraign- out Leave lall absent himself ' Orimet and Punishments. ^ himself from his Quarters, Garrison, or Camp» or from his Troop, Company, or De- tachment, or who, without a Pass or Leave in Writing from his Commanding Officer, shall be found One Mile or upwards from the Camp, shall, on Conviction thereof, be punished, according to the Degree of the Of- fence, by a General or other Court-martial. ,r 6 IF any Soldier shall absent himself without Leave for any Periode not ex- ceeding Five Days, and shall nut account . for the same to the Satisfaction of his Commanding Oflicer, and if any Soldier shall be guilty of any other Offence which . .^ the Commanding Officer may not think necessary to bring before a Court-mar- tial, the Commanding Officer may, in addi- tion to any minor Punishment he his autho- rized to award, order that such Soldier shall be imprisoned for any Period not exceeding One hundred and sixty-eight Hours, with or without Hard Labour, or with or without Solitary Confinement, as the said Command- ing Officer may think fit ; and any Soldier who shall have absented himself as aforesaid may, in addition to or instead of such Im- prisonment, or other Punishment which the Commanding Officer has Authority to in- *^ ^ flict, be further deprived, by Order of his Commanding Officer, of his Pay for the Day or Days of such Absence. . , ^» , ANY Soldier ordered by his Com- M manding Officer to suffer Imprisonment or '.m Depri- 27 'itk. 28 66. 56. 57. 58. 59. Orimei and PwMihmerUs, iDepriTfttion of Pay fhall, if he so requeat, have a Right to be tried by a Court-martiBl for his Offence iostead of submitting to .such Imprisonment or Deprivation. OFFENCES IN THE FIELD, CAMP, GAERISON, OR QUARTERS. ANY Officer or Soldier who shall > hold Correspondence with or give Intel- ligence to the Enemy, direitly or indi- , rectly, or relieve with Money, Victuals, . or Ammunition, oi* knowingly harboui^ or . protect^ and Enemy ; or MISBEHAVE before the Enemy, or shamefully abandon or deliver up any 'Garrison, Fortress, Post, or Guard com- mitted to his Charge, or which it was ' his Duty to defend ; or shall compel, * or speak Words, or use other Means to r, induce the Grovemor or Commanding Offi- • cer, or any other Person, to deliver up to the Enemy, or to abandon^ any Garrison, " Fortress, Post, or Guard ; or LEAVE his Commanding Officer or{ ' his Post to go in search of Plunder ;• •.'•?i < TREACHEROUSLY make known the Watchword to any Person not entitled to receive it according to the Rules and! Discipline of War ; or , :, ?••? ^*i%' ^■BY discharging Fire-arms, drawing Swords, beating Drums, making Signals, hqtjil using CrxTMa and PumshmeMt, request, t-martiBl itting to u lAMP, as. vvho shall ive Intel- ' or indi- , Victuals, larboui or e Enemy, er up any ruard com- ch it was 11 compel, Means to nding Offi- liver up to Garrison, using Words, or by any Means -whaterer, intentionally occasion False Alarms in Ac« tion, Camp, Garrison, or Quarters ; or OAST away his Arms or Ammuni- tion in Presence of an Enemy ; or WHO, being a Sentinel, shall be found sleeping oa his Post, or shall leave it before being regularly relieved ; or WHO, being employed in Foreign Parts, shall do Violence to any Person bringing Provisions or other Necessaries to the Quarters of Our Forces ; or fprce a Safeguard ; or break into any House or Store or Cellar for Plunder ; SHALL on Conviction of any one of the aforsaid Offences suffer DE.ATH, PENAL SERVITUDE for a Term of not less than Four Years, or such other Punish- ment as by a General Court-martial shall be awarded. ^^^ AN I Officer or Soldier who shall send any Flag of Truce to the Enemy g Officer or I without due Authority ; or er ;— -or I ^^^ ^^^^^ ^.^^ ^ p^^^^^ ^^ Watch- '6 known I word different from what he received, Ir^t entitled! without good and sufficient Cause ; or Rules andl WHO shall, in Operations in the [Field, spread Reports by Words or by , jjj-|Letters calculated to create - unnecessary ^^ Sienakl^^^"* ^J spreading such Reports, either in using 60. 61. 1 62. 63. 64. 65. the 30 i. ■ I » , hi 66. .0<> A 67. .liO 68. 69. ,(.Vi 70. ,lo .m 71. :'V M*" the Vicinity or in Rear of the Arm/ ; or WHO shall, in Action or previously to going into Action, use Words tending to create Alarm or Despondency ; or WHO shall, either verbally or in Writing, disclose the Numbers, Position, Magazines, or Preparations of the Army for Sieges or Movements, and by such Disclosures shall produce EfTets injurious to Our Army and Our Service ; ori WHO shall leave the Ranks in order to secure Prisoners or Horses, or oni Pretence of taking wounded Officers or Men tQ the Rear, without Orders from his| Superior Officer ; or lay any vantage, Sale of J int(. Pla< V Marshal cising A Iiim wher tion of hi W Prison, s Confinemi proper Am SH miction of fences, bef WHO shall leave his Guard, Pecquet,* Q^jguj pi or Post ; or shall be taken Prisoner! qj, q . by any Want of due Precaution, or ^MDistr/t^^ Disobedience of Orders ; or fall intoln^jjj f ' the Enemy's Hands by pafsing throughi^j^jj ^t £] Outposts; or Iwith the -i'ti^',i. WHO shall irregularly detain, seizeJ AN / t« or appropriate to his own Corps or Detach"l|. ., . ment, Bread, Spirits, Forage, or any Sup-ijj }^ ^PJ plies proceeding to the Army, contrary mo£ ®^^^"j the Orders issued in that respect ; or Ij ^o^^'j^ ^7 WHO, being in command of any oiwho shall,! Our Garrisons, Forts, or Barracks, shallhis Platooi connive at the Exaction of exorbitant Price! for Houses or Stalls let to Suttlers ; oId .. . . * v , n, seizeJ DetacW ly Supj trary to f any o] is, shall QtPricej ; — la CWrne* and Pumshments. 31 lay any Duty upon, or take any Fee or Ad- vantage, or (>e in any v/ay interested in the Sale of Provisions or Merchandise brought int(» Places under his Command ; or ^ WHO shall impede the Provost 72. Marshal or any other OlHcer legally exer- cising Authority ; or refuse to assist him when requiring his Aid in the Execu- tion of his Duty ; or ' l,u WHO, being under Arrest, or in 73. Prison, shall leave or escape from his Confinement before he is set at liberty by proper Authority ; SHALL, if and Officer, on Con- «^' viction of any one of the aforesaid Of- fences, before a General C^urt-martial, be [CASHIERED ; and if a Soldur, shall. on Conviction thereof before a General, wistrict, or Garrison Court-martial, be liable to such Punishments as shall accord ' with the Provisions of the Mutiny Act and I with the Usage of the Service. '*'^*' ANY Officer or Soldier who shall 74. to appear at the Place of Parade or Rendezvous appointed by his Commanding Officer, or shall go from thence without ILeave before he shall be relieved ; or ^ho shall, without urgent Necessity, quit lis Platoon or Division ; or WHO, in the United Kingdom or hitish Isles, shall by discharging Fire- 14 arms^ 1^ 75. m V, 32 ' I r :m. 76. 77. 78. 79- Crimes and Puniahments. arms, drawing Swords, beating Drums or by any other Means whatever, occasion false Alarms in Camp, Garrison, or Quarters ; or ^^ WHO shall not, within Twenty- four Hours after the Commitment of any Prisoner, or as soon as he shall be relieved from his Guard or Duty, give in Writing the Prisoner's Name and Crime, and the Name and Kank of the Officer or other Person who committed him, to the O^cer commanding the Garrison or Regiment to whom he may be ordered to report ; or i m") WHO, when in Command of a Guard, Picquet, or Patrole, shall, without proper Authority, release any Prisoner committed to his Charge, or shall sufier him to escape ; or :^Mi WHO shall unnecessarily detain any Prisoner in Confinement, without bringing him to Trial ; or .: . , ' ' WHO shall neglect to obey any Garrison or other Onlers ; SHALL, if an Officer, on Convic-I tion of any one of the aforesaid Offences, be LIABLE to be CASHIERED, or suffer such otlier Punishment, according to the Nature and Degree of the Offence,! M be ttte Judgment of a General Court- martial may Be awarded ; and, if a| \txxmti or sion false iuarters ; Twenty- it of any le relieved 11 Writing , and the . or other the O^cer :egimeiit to 3rt ; or nand of a ill, without y Prisoner 1 suffer him rily detain i, without obey any Crimea and PumahmtrUs. Non-commimoned Officer or Soldier, shall, on Conviction of any of the aforesaid Of- feiices, be punished according to the Nature and Degree of the Offence by a General, District, Garrison, Regimental, or other Court-martial. 33 DRUNKENNESS. ANY Officer or Soldier who shall be found drunk on any Duty under Arms; SHALL, if an Officer, on Conviction thereof before a General Court-martial, be CASHIERED ; and if a Soldier, shall, on Conviction thereof before any Court-martial, be liable to be deprived of a Penny a Ddj of his Pay for any Period not exceeding Sixty Days, in addition to such Punishments as shall accord with the Provisions of the Mutiny Act and with the Usage of Our Service. ^^ ANY Soldier who shall be drunk when on any Duty not under Arms, or for Duty or on Parade, or on the Line of March, may, on Conviction thereof by any Court-martial, be sentenced to be deprived of a Penny a Day of his Pay for any Period not exceeding Thirty Days, in addition to any other Punishment which such Court shall award. 80. 81 r^-' ,t 34 Crimes and Punishments. 82. ANY Soldieir who shall have heeti drunk Four Times within Three hundred and sixty-five Days, or Twice drunk when on or for Duty or on Parade, or on the Line of March, may in all Cases be charged with habitual Drunkenness, and shall de deprived of One Penny a Day of his Pay, for any Period not exceeding One hundred and sixty-eight Days, if convicted thereon be- / fore a Regimental or Detachment Court- martial, and for any Period not less than One hundred and sixty-eight Days, and not exceeding Six hundred and seventy-two Days, if convicted before a General, District ^ or Garrison Court-martial ; and in addition to any such Punishment the Court may (if it shall think fit) sentence such Offender to any other Punishment which the Court may be competent to award. ALL the Instances of Drunkenness set forth in the Charge, other than that which occured last, shall be proved by reference to the Defaulters Books, or bj j satisfactory Evidence of the Entries there- in ; and if the Instance of Drunjienness which occured last should be proved, but the Offence of habitual Drunkenness should not be proved, the Court may acquit the Prisoner upon the Charge for habitual Drunkenness, and find him guilty upon the] single Instance of Drunkenness, and sen- tence him accordingly. h^i--*".^ ANY! l<>n';M give been hundred ink when i the Line rged with 3 deprived , for any dred and lereon be- ent Court- less than j^s, and not ieventytwo i/, Vistricty — and in t the Court itence such aent which award. runkenness r than that proved by oks, or by itries there- )run)te»^®s^ )roved, but iness should y acquit the or habitual ty upon the s, and sen-' Crimes and Punishments. ANY Soldier who, at any Time within One hundred and sixty-eight Days after a Conviction for habitual Drunken- ness, shall be drunk Twice, or shall be Once drunk when on or for Duty or on Parade, or on the Line of March, shall on Proof thereof be again convicted of habitual Dnmkenness, and shall, over and above any former Forfeiture or Forfeitures oi Pay, be further deprived of One Penny a Day of his Pay for any l^eriod not exceeding One hundred and sixty -eight Days, if convicted before a Regimmtal or Detachment Court- martial, and for any Period not less than One hundred and sixty-eight Days, and not exceeding Six hundred and stventy-two Days, if convicted before a District or Gar- rison Court-martial ; and in addition to such Punishment the Court may sentence such Offender to any other Punishment which the Court may be competent to award. BUT if a Charge of Drunkenness on Duty under Arms, or of Drunkenness when on or for Duty or on Parade, or on the Line of March, be included in a Charge of habitual Drunkenness, the Court shall not pass any Sentence of Deprivation of Pay in respect of such Charge of Drunkenness whether on Duty or for Duty, or on Parade, or on the Line of March, but the Depriva- tion awarded by the Sentence of the Court shall be in respect of habitual Drunkenness I only; and no Instance of Dj::unkennes8 which 35 ,., ^ i6 Crimes and Punishments. which has on a former Occasion formed Part of a Charge of habitual Drunkenness, of which a Soldier has been convicted, is again to be adduced against him in support of a similar Charge; and in no Case shall any Soldier, by reason of being drunk on or for Duty or Parade, or on the Line of March, or by reason of habitual Drun- kenness, be at any one Time placed under Forfeitures of Pay, exceeding in the whole the Amount of Three^pence per Diem ;— such Soldier, nevertheless^ being again c^on- victed of being drunk on or for Duty or Parade, or on the Line of JNIarch, or of habitual Drunkenness, may be placed under Forfeitures of Pay to commence at the Expiration of a previous Sentence of For- feiture, and may be sentenced to any other Punishment which the Court is competent to award. WHEN a former Conviction of ha- bitual Drunkenness is stated in any Charge of habitual Drunkenness, such Conviction must be proved by the Production either of the Court-martial Book, or of the Regimental or Company's Defaulters Book, containing the Entry thereof, or if such Books cannot be produced, then by a Copy of the Entry in one or other of them duly authenticated; and if any Soldier convicted of having been drunk when on or for Duty or on Pa- rade, or on the Line of March, or convicted of habitual Drunkenness, and sentenced in either i formed ikenness, dieted, is a support no Ca&e ing drunk the Line lal Drun- iced under the whole Hem ; again (!\on- >r Duty or rch, or of laced under ace at the ice of For- ) any other competent .'It ^ I Crimes and Puninhmenis, either Case to Forfeiture of One Penny a Day or more of his Pay, shall be at or re- moved to a Station where Liquor is issued in Kind, or shall be embarked on board of any Vessel where Liquor is provided as a Partof the liation, such Soldier shall be deprived of his Liquor, and the Equivalent of One Penny a Day of his Pay shall thereupon also be considered as forfeited, for so long a Time as such Soldier shall be at such Station, or on board such Vessel, and his Sentence to Forfeiture of Pay shall continue in force. ar DISGRACEFUL CONDUCT. • A ition ofha- any Charge Conviction on either of Regimental containing ooks cannot f the Entry thenticated; jd of having y or on Pa- ^r convicted! lentenced in either ANY Officer who shall behave in a scandalous Manner, unbecoming the Cha- racter of an Officer and a Gentleman ; SHALL, on Conviction thereof before a General Court-martial, be CA- SHIERED. ANY Officer or Soldier, or other Person employed in the War Department, or' in any way concerned in the Care or Distribution of any Money, Provisions, Fo- rage, Arms, Ammunition, Clothing, or other Stores belonging to Our Army, or for Our Use, who shall embezzle, fraudulently mis- apply, wilfully damage, steal, or receive the same, knowing them to have been stolf*n, or shall be concerned therein, or connive thereat ; MAY, on Conviction thereof before a General Court-martial, be sentenced to ) Penal 83. 84. 3S Crimes and Punishments, Penal Servitude for any Term of Years not less than Four, — or to such other Punish- ment as shall accord with the Provisions of the Seventeenth Section of the Mutiny Act ; and on the Trial of such Offen- der, such Court shall proceed in all Par- ticulars in accordance with the Provisions of the said Section ; AND such Offender, on Conviction thereof before a Dis/ric/ or Oamsow Court- martial, shall be liable to the Punishmients attached to disgraceful Conduct. 85. ANY Soldier who shall malinger, feign or produce Disease or Infirmity, or shall wilfully do any Act,— -or wilfully disobey any Orders, whether in Hospital or otherwise, thereby producing or aggra- vating Disease or Infirmity, — or delaying his Cure ; •J f- • • Or who SHALL WILFULLY main or injure himself | or any other Soldier, whether at the Instance , of such other Soldier or not, or cause himself to be maimed or injured by any other Person, with Intent thereby to render himself or | such other Soldiijr unfit for Service ; Or who SHALL TAMPER with his Eyes, with In- tent thereby to render himself unfit for| Service ;— f Orl dissr there ion C to C ment, the Forfe Cnines and Puntahnumts. Or who SHALL rWq STEAL any Money or Goods the Property of a Comrade, of a Military Offi- cer, or of any Military or Regimental Mess or Band, or who shall receive any such Money or Goods knowing them to have been stolen ; Or who SHALL ii STEAL or embezzle Government Money or Property, or shall receive the same knowing them to have been stolen or embezzled ; 39 i Or who SHALL COMMIT any other Offence of a felonioiis or fraudulent Mature ; i A Or who SHALL Be guilty of any other disgraceful Conduct of a cruel, indecent, or unnatural Kind; ' MAY be tried on a Charge for disgraceful Conduct, and on Conviction thereof before a General District, or Gam- ton Court-martial, be sentenced, in addition to Corporal Punishment, or to Imprison- ment, or to any other Punishment which the Court-may be competent to award, to Forfeiture of all Advantage as to additional ^ Pay, Climes and PunuhmerCis. 86. K^ Pay, Good-conduct Pay, and Pension on Dis- charge which might otherwise have accrued from the Length of his former Service, or to Forfeiture of such Advantage ahsolutely, whether it might have accrued from past Service, or might accrue from future Ser- vice, and to Forfeiture of any Good-con- duct Badges, Medals, or Decorations and of any Annuities or Gratuities relating thereto and if convicted on a Charge for fraudu- lently obtaining Commissariat Supplies shall be liable to be degraded to the Seoond Class ; and the Court may recommend any Soldier convicted of disgraceful Con- duct to be discharged with Ignominy from Our Service; but when such Kecom- mandation is made in the Case of a Soldier entitled to a Pension on Discharge, Forfei- ture of all Claim to Pension on Discharge shall form Part of the Sentence of the Courti ANY Soldier, whether on or off Duty, who shall become maimed or muti- lated or injured, exceipt by Wounds received in Action, shall be forthwith brought before h Court of Enquiry; and such Court shall report their Opinion whether such maiming or mutilating or injuring was| occasioned by Design, and if the Court shall report that the maiming or mutilating or injuring was not occasioned by Design, the Soldier shall not be liable to be called to account in respect thereof; but if the Court shall report their Opinion that such ^^i^ll maiming I Cnmes and Punishments. maiming or muiilatir^ was occasioned bj the designed and wilful Act of such Soldier, or by any other Person at the Instigation of such Soldier, with Intent on the Part of such Soldier to render himself unfit for the Service, and not by Accident, in that Case the Soldier shall be forthwith put upon his Trial before a General, District, or Garrison Court-martial on a Charge for disgraceful Conduct, and such Soldier shall not be discharged from Our Service {unless spe- cially directed by Our Commander in Chief to be discharged), but shall be retained, and employed on such Duties or Military Work as We may from Time to Time direct, through the Commander in Chief of Our Forces ; and the Proceedings of such Court of Enquiry and of such Courl-martial shall be transmitted, through Our Judge Advocate General, to Our Com- mander in Chief, and afterwards by Our Secretary for War to Our Commissioners of Chelsea Hospital, in order that they may, when th3 Case comes before them, have the best Means of arriving at a just Decision, either to grant or to withhold from such Soldier a Pension ;- or ANY Soldier who shall be convicted jof having tampered with his Eyes, with Intent thereby to render himself unfit for Service, — shall not be entitled to his Dis- charge or to a Pension; but ehall be I detained in an Eye Infirmary or Military * • Hospital, 41 I hf 87. 48 I'; 'if 88. i 89. Vi ' I 90. Crimes and Punishments. Hospital, or shall be sent to his Parish, or dismissed, according to Our Directions given from Time to Time to Our Commander in Chief. FALSE RETURNS. ANY Officer who shall, through Design or culpable Neglect, omit or refuse to make or send a Return or Report ; . or shall make a Return or Report, to Us, to the Commailder in Chief of Our Forces, to Our Secretary at War, or to any his Superior Officer, authorized to call for a R*iturn or Report of the State of any Regiment, Troop, or Company, Garrison or Corps, under his Command, knowing such Return or Report, or any Statement therein, to be false ; or WHO shall make a false Muster of Man or Horse, or shall knowingly allow or sign any Muster Roll, Pay List, Certificate, or Return wherein such false Statement is contained, or any Duplicate thereof; or who shall intentionally allow to be given any untrue Documents, or conceal or omit the true Facts directed to be stated, whereby to excuse any Officer or Soldier from Muster or Duty, by withholding the Names of absent rersons, or the true Reasons and Time of Absence ;— •or ►1-1*^ -ai WHO shall, by any false Statement, Certificale, or Document, or Omission of the true Statement, attempt to obtain for fUi I > • any , through t or refuse port ; t, to Us, to Forces, to is Superior R'iturn or 3nt, Troop, under his or Report, Ise ; -or Muster of ly allow or Certificate, tatement is ereof ; to be given leal or omit 3d, whereby rom Muster Names of leasons and Statement, 3mission of| obtain for any Crimes and Punishments, any Officer or Soldier, or other Person whatsoever, any Pension, Retirement, Half ^ay. Gratuity, Sale of Commission, Ex- change, Transfer, or Discharge ; or ANY Officer or Soldier who shall make or be privy to the making of any false Entry, Alteration, or Erasure in any Account, Description Book, Attestation, Record, Register, Discharge, or other Do- cument, whereby the real Services, Causes of Discharge or Disability, Wounds, Con- duct of, or Sentences of Courts-martial upon, any Person whatsoever, shall not be truly given, or who shall wilfully omit to report or record any other Facts relating thereto, which it was his Duty to have done in conformity with Our Regulations ; or -r> •# 48 ». 4-. -#*■£»-- WHO shall intentionally give any false Return or Report or Statement what- soever of Arms, Ammunition, Clothing, Money, Stores, or any Provisions belong- I ing to Us, or for the Use of Our Forces ; or who shall, by any false Document, be concerned in or connive at any frauduic!?t Embezzlement of the Stores aforesaid, or who shall, by producing any false Certificates or Vouchers or Accounts, or in any other Way, misapply the Public Money, for Pur- poses other than those for which it was intended; or ?* -'a^:'ix ,;^ .♦:e ■I 91. 92. • ..!%.« A ti. WHO if 'I. i^ Crimea and Puniehmentt, 93, WHO shall, by any Concealment or wilf\il OmiRslon, attempt to evade the tnie Spirit and Meaning of Onr Orders and Regulations relating to the foregoing Points ; .!«: YVl/ . SHALL, if an Officer, on Conyic- tion of any one of the aforesaid Offences, before a General Court-martial, be CASHIERED; • AND if a Soldier, shall be liabli to be arraigned before a General, District, or Gartison Court-martial on a Chwge for disgraceful Conduct, and on Conviction thereof to be punished accordingly. 94. ANY Officer who shall have signed Certificates, Returns, or Forms of Accounts in Blank, before the Paymaster, Quarter- •' master, or other Person concerned in making up the said Documents has inserted therein the whole of the Circumstances for which the Officer's Signature is to be a Voucher ; SHALL, on Conviction thereof, be LIABLE to be CASHIERED, or suffer] such other Punishment, according to the Nature and Degree of the Offence, as by the Judgment of a General Court-martial j may be awarded. rS-*r*^^, U'-' OMW BILLETS Corp^ care those Comn reguh Days, Crimea and Punishments, 45 ceftlment vade the r Orders foregoing I Convic- Oifences, rtial, be ) liabkto District^ or Jhwge for Conviction lave signed f Accounts , Quarter- icerned in las inserted stances for 8 to be a thereof, 1)6 -^r suffer I ling to the ence, asbyi mrt-martial| BILLETS BTtLKtS AND CARRLVGES. ANY Officer or Soldier who shall 95. demand Billets for more than his effective Men ; or quarter Wives and Children or Servants in Houses, without the Gonsent of the Occupiers ; or take Money for freeing from Billets ; SHALL, if an Officer, on Convic- ^ tion thereof before a General Court-martial, be CASHIERED; and, if a Soldier, shall, on Conviction thereof before a Gene- ral ^ Disttictf or Garrison Court-martial, be liable to such Punishments as shall accord with the Provisions of the Mutiny Act and with the Usage of Our Service. . >■ (111 '■* ANY Officer or Soldier who shall 96. be guilty of any Ill-treatment of Landlords by Violence, Extortion, or making Distur- bances in Billets ; and any Command- ing Officer who shall refuse or neglect to cause Reparation to be made for such Ill- treatment, after receiving Proof of the Jus- tice of the Complaint ; and I ^ ANY Officer commanding any 97. Corps or Detachment who shall not take care that his own Quarters and Billets, and those of all Officers and Soldiers under his ■ Command, be cleared, and the Accounts regularly settled at the End of Every Four Daysy or before the TVoops shall quit their Quarters. 49 ^^ ,z 98. u '>'> Climes and Punishments, Quarters, if they do not remain Four Days ; and ANY Officer or Soldier who shall permit Carriages pressed for Baggage to be overloaded, or shall permit the Persons attending them to be ill-treated, or to be forced to take upon their Carriages (except on Emergencies as provided for by Law) any Women, or any Soldiers, other than the sick and lame ; or who shall re- fuse to certify the Sums due for Carriages, and the Name of the Corps employing them; — - f SHALL, if an Officer y on Convic- tion of any one of the aforesaid Offences, be LIABLE to be CASHIERED,— or suffer such other Punishment, according to the Nature and Degree of the Offence, as by the Judgment of a General Court- martial may be awarded ; — ^ and if a Non-commissioned Officer or Soldier, shall, on Conviction of any of the aforesaid Of- fences, be punished, according to the Nature and Degree of the Offence, by a General, District, Garrison, Megimetital, or other Court-martial. .\ '^iinl RECRUITINa. 99. ^Id EVERY Person subject to these Articles who shall wilfully contravene any of the Provisions of the Mutiny Act, or the Regulations of the Service, in any Matter relating Urticl n Four ho shall Tgage to J Persons or to be js (except by Law) ther than shall re- Carriages, jmploying a Convic- Offences, RED,— or according e Offence, 'al Court- -and if a dier, shall, [>resaid Of- the Nature a General, or other t to these ;ravene any Act, or the ny Matter relating Crimea and Punishments, 49 relating to the enlisting or attesting of Recruits, may be tried for such Offence before a GeneraU District, or Garrison Court-martial, and be sentenced to such Punishments, other than Death or Penal Servitude, as such Court may award. • MISCELLANEOUS OFFENCES. ANY Officer or Soldier who on 100. Application being made to him for that Purpose shall wilfully neglect or refuse to deliver over to the Civil Magistrate,-M)r to assist in the Apprehension of Officers or Soldiers accused of Crimes punishable by Law; or WHO shall protect any Person from 101. his Creditors on the Pretence of his being a Soldier, — or who shall protect any Soldier not actually doing Duty as such in any Man- ner not allowed by the Mutiny Act ; SHALL, if an Officer, on Con- viction of any one of the aforesaid Of- fences before a General Court-martial, be CASHIERED ; and if a Soldier, shall, on Conviction thereof before a General, district, or Garrison Court-martial, be I liable to such Punishments as such Courts I may award. EVERY Person subject to these 102. [Articles who shall fight or promote a Duel, 15 or I. ; If' 46 OtmM am? .ffwiM^meniff. or take any Stcpa thereto, ot who shall not do his heat to prevent a Duel, shalU—if an Qffioer, he liahle to he CASHIERED, or to suffer such other Punishments as a Genertd Court-martial may award ; — if other than an Officer^ shall be liable to such Punishments as a General, District, or Garrison Court-martial may award, W3. ' EVERY Officer whose Character or Conduct as an Officer and Gentleman has been publicly impugned, shall within reasonable Tune submit the Case to his I Commanding Officer, or to other compe- tent Military Authority for Investigation,! on pain of suffering such Punishment as a| General Court-martial may award. 104. ANY Officer or Non-commissioned Officer who shall strike or otherwise ill-treatl any Soldiw ; or If .mm, n 105. ANY Soldier who shall hire, or anj Officer or Non-commissioned Officer who shall connive at a Soldier hiring, another Person to do his Duty fbr him ;; or 106. ANY Soldier who shall pawn, sell] , lose by Neglect, make away with, of wilfully spoil his Arms, Accoutrements, Necessaries, — or any extra Article • Clothing or Equipment that he may havj 1 1 been put in possession of and ordered wear^ on the Recommendation of the Si . 61 geoi shall not ** BhalU-if [IlERED, (lents as a ird ; — if i>le to such istricti or Character Gentleman jhall within I :ase to his I her compe- ivestigation, shxnent asa| ird. )minissionedl wise ill-treat hire, or an] Officer whc iflg, anothei^ , (Hmea and Punishments, geon^ for the Benefit of his Health ; — ^or spoil or wilfully deface or make away with or pfkwii his Medal jgranted him for Service in the Field, or for general good Conduct hy Qur Order, or by Order of the laieJEast India Company ;— or sell, lose by Neglect, make away with, or ill-treat his Horse ; or ANY Officer or Soldier who shall ebiidinit any Waste or Spoil, either in Walks of Trees, Parks, Warrens, Fishponds, Houses, or Gardens, Vineyards, 6live Gfu '^^ Com Fields, Enclosures, or Mea- dov t - - — or shall maliciously destroy any Property ; whether belonging to Our I own Subjects, or to Inhabitants of other Countries: r unless the Destruction of Property shall be ordered by tb'^ Com- mander in Chief of Our Forces, to annoy Rebels or other Enemies in Arms against Ua • K 49 U;, -or pawn, sellj ly with, 01 lutrements, Y Article [he may havi ^d ordered*' of the Si geoi SHALL, if an Officer^ on Convic- tion of any pne of the aforesaid Ofiences, LIABLE to be CASHIEBED, — or Per such other Punishment, according the Nature and Degree of the Offence, by the Judgment of a General Court- lartial may be awarded ; — r- arid, if a hn^ommtssioned Officer c^r Soldier, shall, ;n Conviction of any of the aforesaid Of- nces, be punished, according to theNatute d Degree of the Ofence, by a General^ ' rict; Garriion, Begi^enU or other urt-martial. AND^ .;** 107. 50 106. »( lis.' > - > ,■1 • t ■ ■'■,'■ "♦ - O ■ " - *;« ^ V,;. ■' 1 M^f. *' ' 1 1 mi; •■' 109 ^c i-\*f . Onmes and Punishments, AND all Crimes not camtal,-— andl^^'P all Acts, Conduct, Disorders, ana Neglects,!^^^ — which Officers and Soldiers, and other"^^*^ 'Persons subjects to these Our Articles o War, may be guilty of, to the Prejudice > good Order and Military Discipline, though not specified in the foregoing Cas s, j or in these Our Articles of War, — shaiS g be taken cognizance of by Courts-martial ^according to the Nature and Degree of th< ^ Oflence, apd the Oflender shall suffer sue . Punishment as the Court may award. it shi ifcoi {ninic iconsit onec all , gre SECTION III. COURTS •MARTIAL. COMPOSITION OF COURTS MAJRTIAL. chmi ay a yonc lactic artial 7 Of ir Pen any ith 01 medi A GENERAL Court-martial convenediP^^H British Columbia, Vancouver's Islamf^^ Saint Helena, the Settlements on tli Western Coast of Africa, Honduras, Nt, Zealand, the Amtralian Colonies, He Kong, the Settlements on the Coast China, tho Prince of Wales Island, Sin^\ pore, or Malacca, shall consist of not le ^than Five Commissioned Officers ; — if coj Tened in Jamaica, the Windward aL Leeward Islands, British Guiana, Nm^w\ foundlandy Bermuda, the Bahamas, tf ^^lei Cq shaj JssionI Chufia-marttal \Capeof Good Hope or other Settlements in pi^u^^n Africa^ or in any Place out of Our Dominions, excepting the Ionian Islands, it shall consist of not less than Seven, — and lif convened in any other Part of Our Do- Ininions, or in the Ionian Islands, it shall ■consist of not less than Thirteen, Commis- liioned Officers; and no Field OflScer lall be tried by any Person under the }gree of Captain. ANY Officer commanding any De- achment or Portion of Our Troops, which nay at any Time be serving in any Place eyond Seas where it may be found im- practicable to assemble a General Court- lartial, upon Complaint made to him of ly Oflfence committed against the Property |ir Person of any Inhabitant of or Resident any such Countries by any Person serving rith or belonging to Our Armies, under his imediate Command, may assemble a Pv ichment General Court-martial of not less ban Three Commissioned Officers of any porps to try any such Person, notwith- iding any such Officer shall not have ceived any Warrant empowering him to imble Courts-martial. 51 i:? ^ 110. -'^ J.V^\l. ^> A District or Garrison Court-mar- shall consist of not less than Seven Com- kissioned Officers, except in Bermuda, the ^ahamas, the Cape of Grood Hope or other ettlements in Southern Africa, Saint Helena^ 111. fi^ "ft 62 Oourti'mariial, Helena, Jamaica, Honduras, Newfimnd- land. New Zealand, the jSustralian Colo- nies the Windward and Leeward Islands, British Guiana, Hong Kons, and the Set- tlements on the Coa^ of Qiina, wher^ it may consist of Fire Commissioned Officers, and in the Piinces of Wales Island, Sin- gapore, Malacca, British Columhia, Van- converts Island, and the Settlements on the Western Coast of Africa, where it may consist of not less than Threis. \ 112. Jl*^ w i' 113. m^ EVERY District or Garrison Court- martial may be composed of any Officers of different Corps, and of Officers of Our Royal Artillenr, and Engineers, and Royal Marines, and of Officers of the General Staff, whose Appointments have been duly notified I in General or Garrison Orders, provided such Officers are in the Receipt of their Full | Pay of the Staff, and are themselves amen- able to Military Law, although on the H^lfj Pay of their Regimental Bank ; or, ex- cept for the Trial of Warrant Officers, may I be entirely composed of 0$cers of the same Regiment, assembled by Order of the Seniorj Officer on the Spot. EVERY District or Garrison Court- martial shall be assembled in conformitjl with the Orders of the Officer under whose! Command the Corps is placed, who willl previously regulate the holding of Courts- martial within his Command, aelegating oi withl Begin ^ewfimnd- an Colo- { Islands, d the Set- , wher^it d Officers, ($nd, Sin- %bia. Van- )nts on the re it may \ ison Court- tny Officers ;ers of Our , andBoyal pneral Staff, luly notified s, provided )f their Full elves amen- on the Half — -or, ex- fficers, may of the same if the Senior -rison Court conformity under whose' d, who Willi of Courts elegating o withi Courtt-marfial, * . withholding l^e Power to Commanding Officers to convene DtsTnt:^ or Qalml&m^ Courts-martial as he ixiay deem to be most expedient, or as Our Commander of the Forces may direct. A Warrant Officer may be tried by 114. a District Court-martial, to be appointed by the General Officer commanding Our Forces in the District where the Corps shall be situated, if in the United Kingdom, and if elsewhere, by the Officer commanding in chief on the Station ; and such Court- martial, if convened iir ' .rmuday the Baho' mas, the Cape of Good Hope, the Settle- ments in Southern or the Western Coast of Africa, Saint Helena, British Colun Ha, Vancouver's Island, Jamaica, Hondu.as^ Newfovnland, New Zealand, the Amtra" Han Colonies, the Windward and Leeward Islands, British Guiana, Hong Kong, the Prince of Wales Island, Singapore, Ma- lacca, or in the Settlements on the Coast of CLna, may consist of Five, and if convened elsewhere shall consist of not less than Seven, ComiVMSsioned Officers, and of suck Officers not more than Ttoo shall be taken from the Regiment in vtrhich the Warrant Officer to be tried is serving ; and no more than Two of the Members shall be under the Degree of a Captain* THE Commissioned Officers of every 1 15, {Regiment, Battalion, or Regimental Depdt, ■^n OP .'M I 4.*. :;c''^.' M Courtt marital or of a Detachment of Ordnance Corps, commanded by an Officer not under the Rank of Captain, may, by the Appointment of their Colonel or Commanding Officer, without other Authority than these Our Rules and Articles of War, hold Regimental •i Ijf Courts-martial consisting of not less than Five Officers (unless it be found impracti- , cable to assemble that Number, when Three fihall be sufficient) ; and may inquire into such Disputes or criminal Matters as may come before them ; and the Com- manding Officer shall in no Case be a Member of such Court. ■J 5' 116. THE Cwnmissioned Officers of any Detachment or Portion of Our Troops, which may at any Time be serving in any Part of Our Dominions, or elsewhere, or may be embarked on board a Transport Ship, Convict Ship, Merchant Vessel, or Troop Ship not in Commission, although such Detachment or Portion of Our Troops shall ' consist of Men from different Regi- ments, may, by the Appointment of the Senior Officer in Command of the Detach- ment, District, Station, Garrison, Barrack, Island, or Colony, provided he be not under the Eank of a Captain, or in case such Troops shall be on board any Transport Ship, Convict Ship, Merchant Vessel, or Troop Ship not in Commission, by the .r r I Appointment of the Senior Officer on board, I whatever be his Rank, without any other Authority OourtMnarHal Authority than these Our Articles of War, hold Detachment Courts-martial, within Our Dominions, or elsewhere, consisting of not less than Five Officers (unless it be found impracticable to ensemble that Number, when Three shall be sufficient) ; and may inquire into such Disputes or criminal Matters as may come before them, accord- ing to the RuleL and Limitations observed by Regimental Courts-martial. THE President of every Court-mar- tial shall be appointed by or under the Authority of the Officer convening such Court, and shall in no Case be the confirm- ing Officer, or the Officer whose Duty it has been to investigate the Charges on which the Prisoner is to be arraigned ; nor in the Case of a General Court-martial, or of a District Court-martial for the Trial of a Warrant Officer, under the Degree of a Field Officer, unless a Field Officer cannot be had ; nor in any Case whatever under the Degree of a Captain, save in the Case of a Detachment General Court-martial, or of a Regimental or Detachment Court- martial holden on the Line of March, or on board any Transport Ship, Convict Ship, Merchant Vessel, or Troop Ship not in Commission, or at any Place where a Cap- tain cannot be had : IX the Case of a Detachment Ge- neral Court-martial, the Officer convening such Court may be the President thereof POWERS 65 Ml 117. 1'' 5' ? 66 Cwrti^fnaiikU, 15' < 3 W' -^ m ' ti POWEBS OP COURTS-MARTIAL. 118. A Oeneral Court-martial may sen* tence any Officer or Soldier to suffer Death, Penal Servitude for any Term not less than Four Years, Imprisonment, Forfeiture of Pay or Pension, or any other Punishment which shall accord with the Usage of the Service, but no Judgment of Death shall pass without the Concurrence of Two - 1 1^ Thirds at the least of the Officers present. 119. NO Court-martial, other than a General Court-martial, or a Detachment General Court-martial having the same Powers as a General Court-martial, shall have Power to pass any Sentence of Death or Penal Servitude. ANY General Court^nartial may, in addition to any other Punishment which such Court may award, sentence any Offender to Forfeiture of all Advantage as to additional Pay, Good-conduct Pay, and Pension on Discharge which might have otherwise accrued from the Lenght of his former Service, or to Forfeiture of such Advantage absolutely, whether it might have accrued from past Service, or might accrue from future Service, or to Forfeiture of the Annuity and Medal which may have been granted for former meritorious Service or of the Gratuity and Medal awarded for / former good Conduct, and of all Field Medals [AL. nay sen- )r Death, less than )itare of nishment ge of the ath shall of TVH) \ present. r than a ttcLchment the same bial, shall s of Death •tial may, ent which ence any vantage as Pay, and light have ight of his •e of such it might or might Forfeiture may have )U8 Service pvarded for all Field Medals Ooufia-marUoL 6f Medals and Decorations, according to the ' Nature of the Case ; and may also recommend any OfTender to be discharged from Our Service with Ignominy. A Court-martial may award a Sen- *120. tence of Corporal Punishment, not exceed- ing Fifty Likshes ; — -but no Sentence of Corporal Punishment awarded by a Regi- mental Court-martial shall, except in &e - Cases of Mutiny and gross Insubordination '. herein-after mentioned, be put in execution in Time of Peace without the Leave in Writing of the General or other Officer commanding the District orStation in which the Court may be held, superior to the Officer by whom the said Sentence may have been confirmed. • A General, District, or Garrison *121. Court-martial may, in addition to any Sen- tence of Corporal Punishment, award Im- prisonment, with or without Hard Labour, and wi^h or without Solitary Gonfiiieipent. i iRL ANY confirming Officer may com- mute a Sentence of Corporal Punishment to Imprisonment for any Period not exceed- ing Forty-two Days, with or without Hard Labour, and with or without Solitary Con- finement ; or may mitigate it, either by reducing the Numoer of Lashes, or by awarding, instead of such Sentence, an Im- prisonment for any Period not exceeding ■'^^- Twenty 122. 68 Qmrit-mariidL W Ji 1^: ) ' ■-.i^ , t A' 123. 124. If ti '' 125. f-^ Twenty Days, with or without Hard Labour, and with or without Solitary Confinement, and Corporal Punishment to be inflicted in the Prison, not exceeding Twenty-five Lashes. THE Solitary Confinement awarded in commutation of a Sentence of Corporal Punishment shall in no Case exceed Seven Days at a Time, with Intervals of not less than Seven Days between each Period of such Confinement. I r^y I . WHEN any Court martial shall award a Sentence of Imprisonment, and shall direct tliat such Imprisonment shall be Solitary Confinement only, the Period of such Solitary Confinement shall in no Case exceed Fourteen Days. IN Situations in which it may be impracticable to put in execution Sentences of Solitary Confinement, the convening Officer will give the Court Instructions to that Effect, and the Court in awarding a Sentence of Imprisonment is hereby directed to have regard to such Instructions* 1 » NO Sentence of a General Court- martial shall be put in execution till after a Report shall have been made of the whole Proceedings to Us ; or to the Officer commanding in chief; or to soma other Person duly authorized by Us, Yiji*j/ T under abour, emeut* iflicted ty-five warded orporal 1 Seven not less jriod of il shall 3nt, and )nt shall p Period LI in no may be leniences lonvening Ictions to arding a directed IS. i* 'It il Court- till after le of the \t to the -or to 3d by Us, under * Cbtnismariuil under Our Sign Manual, f o confirm the same, and until Our or his Directions shall have been signified thereupon ; and no Sentence of Death shall be carried into effect in any of Our Colonial Possessions until it shall have been approved in Our Behalf by the Civil Governor jr Person administering the Civil Govemement. A Detachment General Court-mar- tial shall have the same Powers in regard to Sentence upon Offenders as a Gev' y^l Court-martial; but no Sentence of a Detachment General Court-martial shall be executed until the General commanding the Army of which the Division, Brigade, Detachment, or Party forms Part, and to which any Person so tried, convicted, and adjudged shall belong, shall have approved and confirmed the same. A General Court-marllr^' may sen- tence a Commissioned Officer to Loss of Army or Regimental Rank, in addition to any Reprimand or other Pimishment which it may award, by reducing him, if under the Rank and Degree of a Field Officer, to the Bottom of or to any other Place on the List of the Regimental Rank in which he may be serving ; or if a Superior Officer, to the last or any other Place on the List of the Army Rank in which he may be serving; and in all Cases where the Ofiicer so sentenced to Loss of Rank holds Army 69 26. 127. M 17 QO OdwU-marHoL . Army as well as Regimental Rank, the Loss of Rank ipoy be inflicted in either or both of those Ranks ; and such Court may sentence such Officer to be imprisoned, in any Case in which the Court shall be authorized by Law and shall deem it neces- sary, to adjudged suph Punishment; but it shall not haye Power to sentence such Officer to be suspended from doing Duty, or from Pay. •128. A Geim-at, Districti Or Qi&ri^n Court-martial may sentence aiiy Sbldier to Imprisonment, with Or witHoUt Haid La- bour; ahd ma^ also dir66t that smih 6ifbnder i^hall b^ kept in Solitary Confinement fbr any Portion or Portions of such Itnprtsonmerit, not exceeding Fourteen Days at a Tirhe nor Eighty-four Days in aiiy One Period Of Three hiindred and thirty-six Dayis, with Intervals between the Periods Of Solitary Confinement of not less Duration than such Periods of Solitary (^orifinem^nt ; and when the Itopiisonm^tit awat^d shall ex- c^d Eighty-four Days, the Court shall cxpresrty order that the Sblitary Corifitife- ihent s^all not exieeed Seven Days in' atiy Twenty-ei^t Days of the whole Inipri- sonment awarded, with Intervals between the Periods of Solitary Confinement of not less l3uration than such Peribdid. ♦129, No Sentence of a District or Cfer- rison Court-martial shall be put in execution till it h{»9 been confirmed hy the General ■■^r^ftf^i " Officer^ .'■i \e Loss )rboth rtmay >nedi in ball be t neces- ftt; ice such Duty, or 6ldler to [art La- 6flfender lit for any Lsonment, ; a Tiihe le Petiod )ays,vrith F SoUtary than such y and Bhatt ex- >tt»t shall Corifittfe- ^8 in' any ie Irripr^- [s between lent of not or Oar- execution ve General Officer, .: (hurti'marUMl Oflker, GovemoFi or Senior Officer in Command of the Distcioti GanrisoD, leiaiuiy or Coiony» A Warrant Officer may be tried by a District or Garrison Court*martial» and may be sentenced to be dismissed from the Service, or to be suspended from Bank and Pay and Allowances for any stated Period, or to be reduced to the Bottom or any other Place in the List of the Rank which he may hold, or to be reduced to an in- ferior Class of Warrant Officer, or, if he was originaliy enlisted as a Private Soldier, and continu^ in the Service until his Ap- pointment to be a Warrant Officer, to be reduced to the Rank of a Private Soldier. A Warrant Officer may be sentenced by a (!i^^nera/ Court-martial to these and to such other Punishments as such Court is competent to award. A Warrant Officer shall in no Case be liable to Corporal Punishments^; A J^gimentblor Detachment Court- martial may sentence any Soldier to Im- prisonment, with or without Hard Labour, for any Period not exceeding Forty-two Days, and may also direct that such Soldier may bek^tin Solitary Confinement for any Portion or Portions of .* Mam. IN case of Mutiny or gross In- subordination, or other Offences committed on the Line of March, or on board any Transport Ship, Convict Ship, Merchant Vessel, or Troop Ship not in Commission,; the Offender may be tried by a Regimental \ or Detachment Court-martial, and the Sen- tence confirmed and carried into execution I on the Spot by the Officer in the imme- diate Command of the Troops, not beingl *i!t"r J v< a Member! [easing f at the t under r pawn- Amoimt but the shall not Circum- tie Com- trrence of nr.",: zt to these a Court- t shall he :hief, with ry of State ny portion Uhere such nducive to gross in- conwnitted board any l^erchant bommission, md the Sen- fto execution the im«^®' ^ not heing' a Memher] Cburts-mariidi. a Member of the Court ; but the Sen- tence shaU not exceed that which a Kegi- mental* Court-martial is competent to award ; — and any Sentence, so confirmed, shall be noticed in the monthly Return of Courts-martial sent in to Our Adjutant General, and, if on the Line of March, re- ported to the General commanding. NO Regimental Court-martial shall try any Soldier for Absence without Leave, if the Absence has exceeded the Period of Twenty-one Dat/s, without the Permission of the General or other Officer commanding the Brigade, District, or Garrison ; nor shall try any Soldier for Desertion. ir A Non-commisnoned Officer may be reduced to the Ranks by the Sentence of a Regimental or other Court-martial ; or by the Order of the Commander in Chief, or the Colonel, or in the Militia the appointed Commandant, of the Regiment or Corps; and any Non- commissioned Officer so placed or reduced to the Ranks by the Sentence of a Court- martial may, by Order of the same Court, bo made to forfeit any Gratuity, Annuity, and Medal which may have been conferred upon him. The Words Commander in Chief in this Article shall include the Commander in Chief of Our Forces in India, and the Commander in Chief of ^ Our 6^ 5i| 138. A. 139. T t h I ' 66 (hurtS'-martial Our Forces in each of tht FiTi^ideneies in India, '^''' 140. ' '^^^^ WHENEVER Sentence shall be passed by a Coiui-maitial on an Offender already under SenteBce, either of Impi!- goiiment ox Penal Servitmle, the Court may award Sentence of Imprisc nent or Penal Servitude for the Offence for which he is under Trial to commence at she Expiration of the Imprisonment or Penal Servitude to which he shall have been so previously se^itenced, although the Aggregate of the Terms of Imprison- ment or Penal Servitude respectively may exceed the Term for which any of those Punishments could otherwise oe awarded. 141. ^. EXCEPT in the Cases mentioned in the preceding Article, every Term of Penal Servitude, or of Imprisonment under the Sentence of a Court-martial, whether original or revised, shall be reckoned as commencing on the Day on which the original Sentence and Proceedings a/hall be signed by the President : The Place ot'| Imprisonment under the Sentence of Ge-i neral Courts-martial shall be appointed by| the Officer commanding the District, Gar- rison, Island, or Colony in which the Court! may be held ; and under the Sentence] of any other Court-martial, shall be ap- pointed by the Officer confirming the Pro- ceedings of such Court-martial ; and ii \ defaull men to \.m9 m ^ .^ ■ OfFender e Court stieBt or ;iice ^ov metice at iinent pr ^aU have although Imprison- ively n»ay y of those ,6 awarded. mentioned y Term of meiit under a, whether •eckoned as vrhich the igs ^all be I •he Place oi ince oi Oe- ippointedbyl &ict, Gar- U the Court the Sentence shall he ap- Ang the Pro- -and M ' default * CburlsmarHal default of such Appointment, then the Place of Imprisonment shall be appointed by the Officer commanding the Regiment or Corps to which the Prisoner belongs Qf is attacb^t . .. NO Commanding Officer shall, by giving in against a Prisoner vague and in- efinite Charges, try before a Regimental Court-martial grave Offences, which are directed to be tried by Creneralf District^ or Garrison Courts-martial ; BUT as it may be advisable that some of the foregoing Offences, which in certain Cases may admit of less serious Notice, should be tried by District^ Garrison^ Regimental, or Detachment Courts-martial, — in such Cases the Officer commanding the Battalion, Corps, or Detachment, who may deem it advisable so to procee Case, to<(ether with the Charge he inteiKb to bring, before the General or other Odteer commanding th# Brigade, District, or Garrison, with an Ap- plication so to pi>oceed. The General or Superior Officer will exercise hi» Discretion in directing tke Description of Court by which the CMender shall be tried, but tke Permissi^m to try grave Offences by a Visiriei^ i^rtison^ Regimental, or Detath^ ment Court-martial shall be noticed in the monthly Return of Courts-martial sent in to Our Adjutant General. IN 91 .Ud m 142, 69 143. i^o: ■ :'■'' .ki^! Courts-marital IN all Places other than the United Kingdom or British Isles, whenever the Punishment of Death shall have been awarded by a Oeneral, or a Detachment General Court-martial, the Officer com- manding in chief Her Majesty's Forces there serving, instead of causing such Sen- tence to be carried into execution, may order the Offender to be kept in Penal Servitude for any Term not less than Four Years, or to suffer such Term of Imprison- ment, with or without Hard Labour, and with or without Solitary Confinement, as alkali seem meet to the Officer commanding IS aforesaid. t 144. IN all Places other than the United Kingdom or British Isles, whenever a Sen- tence of Penal Servitude shall have been awarded by a General or PHachment Ge- %md Court-martial, the Officer com- manding in chief Her Majesty's Forces there serving, instead of causing such Sen- lence to be carried info execution, may order the Offender to suffer imprisonment, (with or without Hard Labour, and with or without Solitary Confinement, such Solitary Confinement not exceeding the Periods pre- scribed in the 131st Article,) for the same or mo\i lesser Term as shall seem meet to the Offi/'^er commanding as aforesaid. t-V-^ ■ TRIAL Courts-niarttal. 69 United er the been chment ' com- Forces >\i Sen- in, may ft penal an Four inprison- 3ur, and ment, as imanding k%^> TRIAL TRIAL OF CIVIL OFFENCES BY COURT MARTIAL IN PLACES WITHIN OUR DOMINIONS BEYOND SEAS, OTHER THAN THE EAST INDIES, WHERB THERE IS NO CIVIL JUDICATURE. ANY Oflicer or Soldier who may be serving in any Place within Our Domi- nions beyond the Seas, (excepting India,) where there is no Civil Judicature in force, by Our Appointment, or under Our Au- thority, competent to try such Offenders, or who may be serving in Our Garrison of Gibraltar, and who shall be accused of Treason, or of any other Civil Offence, which, if committed in England, would be punishable by a Court of ordinary Criminal Jurisdiction, and not by a Court- martial, shall be tried by a General Court-martial appointed by the Officer commanding in chief in such Place as aforesaid for the Time being ; and if found guilty, shall be liable, in the Case of an Offence which, if committed in England would be Capital, to suffer DEATH, or such other Punishment as by the Sentence of such General Court-martial shall be awarded ; and in the Case of any other Offence, to suffer such Punishment other than Death, as by the Sentence of such General Court-martial shall be awarded ; no such Punishment, nevertheless, to be of such a Nature as shall be contrary to the Usages of English Law in regard to the Punish- 145. ' I !> •( U "■ ib w. \0 ill I ii 146. 147. CburU-martial, Punishm 3nt of Offenders, or to be canied into effect uiitil such Officer commanding in chidf as aforesaid shall have confirmed the same ; and in ali Cases where such CoUrt-martial, shall have convicted any such Officer or Soldier of any Offence punishable tvith Death, It shall be lawfbl for such Court- maJtial, instead of sentencing the Offender to Death, to adjudge him to be kept in Penal Servittide for a Term of rtdt less than Four Years ; and We hereby reserve to Our- selves the Power, in all Cases where a Sen- tence of Death shall have been pronounced on any OflScer or Soldier by any General Court-martial as aforesaid, instead of causing such Sentence to be carried into execution, to order the Offender to be kept in Penal Servitude, or to be imprisoned, vith or "Without Hard Labour, for such Period of Time as, On Consideration of all the Cir- cumstances of the Case, shall seem to Us to be most just and fitting. TRIAL OF CIVIL OFFENCES IN THE EAST INDIES. .A-iHih '^*'^ ^ [See Mutiny Act, Section 105.] ' ^-'- TRIAL OF CIVIL OFFENCES IN PLACES '4 -a > .* OUT OF OUR DOMINIONS. ANY Officer or Soldier who may be serving with Our Forces out of Our Dominions, who shall be accused of Treason, or of any other Civil Offence which, if cotamitted in England, would Cburtt'-martial, be })^n{8hab1e by a Court of orditiarj^ Criminal Jurisdiction, and not by a Court- nlartial, shall be tried by a General Court-martial, appointed by the Geneial or other Officer having Power to appoint Courts-martial in such Place for the Time being, and if found guilty shall be liable, in the Case of ah Offence which, if committed in England, would be Capital, to suffer Death, Or such other Punishment as by the Sen- tence of such General Court-martial shall be awarded;-^ — and in the Case of any other Offence to suffer such Punishment other than Death as by the Sentence of such General Court-martial shall be awarded; ——no such Punishment nevertheless, to be of such a Nature as shall be contrary to the Usages of English Law in regard to the Punishment of Offenders, or to be carried into effect until confirmed by the General or other Officer by whom or under whose Authority such Court-martial was ap- pointed ; and in all Cases where such Court-martial shall have convicted any mrh Officer or Soldier of any Offence painsh- abie with Death, it shall be lawfbl for &ach Court-martial, instead of senteneing such Offender to Death, to adjudge him to be kept in I'enal Servitude for a Term of not less than Four Years ; and in all Cases where such CoUr-martial shall sentence any Officer or Soldier to Death, it shall be lawful for the General or other Officer commanding Our said Forces in chief, by 71 72 Courts martial ■ i 0\ r i by whose Authority from Ui such Court- martial was assembied, instead of causing such Sentence to be carried into execution, to order such Officer or Soldier to be kept in Penal Servitude, or to be imprisoned, with or without Hard Labour, for such Period of Time as to him shall seem meet : And in the Case of a Commissioned Officer no Sentence of Death or Penal Servitude shall be carried into effect until confirmed by the Officer commanding in chief the said Forces But as it may be expedient to hold Detachment General Courts-martial for the Trial of such of the Civil Offences aforesaid as are provided for in the Twelfth Section of the Mutiny Act, the Provisions of this Article shall not be deemed to affect the Jurisdiction of Detach- ment General Courts-martial in such Cases ; and those Courts shall in such Cases have the same Powers as are granted by this Article to General Courts-martial ; and the General or other Ofhcer command- ing Oiir said Forces in chief as aforesaid, shall have the same Powers as regards De- tachment General Courts-martial as are con- ferred on him by this Article in regard to General Courts-martial. ;\j MIXTURE OF OFFICERS. 1 48. f- ' ^ WH ERE it is necessary or expedient, a Court-martial, composed exclusively of Officers of Our Army, or of Officers of Our Royal Marines, or of Officers of both those . '^ ' Services,, rela shal any mos are miss I! Court- caufiing :ecution, be kept prisoned, for such tin meet : nissioned QT Penal feet until inding in it may be General iich of the ovided for utiny Act, ^all not be ,f Detach- ch Cases; uch Cases ;ranted by rtial ; command- aforesaid, egards De- as are con- regard to RS. r expedient, ilusively of cers of Our f both those Services, Omirti-marttal Services, whether the Commanding Officer by whose Order such Court-martial is as- sembled belongs to Our Land or to Our Marine Forces, may try a Person belonging to either of these Services. When the Person to be tried shall belong to Our Army, then the Proceedings of such Court shall be regulated as if the Court were composed of Officers of Our Army only, and the Pro- visions of the Mutiny Act and Articles of War for Our Army shall be applicable to the Proceedings of such Court: When the Person to be tried shall belong to Our Koyal Marines, then the Proceedings of such Court shall be regulated as if the Court were composed of Officers of Our Land Forces only, except that the Pro- visions of such Act and Articles of War as shall be in force for the Regulation of Our Royal Marine Forces while on shore shall be applicable. Vf IF is Our Will and Pleasure that General Courts-martial upon Officers and Soldiers of Our Regiments of Life Guards or Horse Guards, for Differences arising purely among themselves, or for Crimes relating to Discipline or Breach of Orders, shall be composed of Officers serving in any or all of those Corps (as they may be most conveniently assembled), and they are to take Rank according to their Com- missions. t»fii J') iMiv ,ftlrii;iJ^> i^^'f^j IN 73 .0T\^ 149. T4 150. U' 151. •*. • Cburta^marUak IN like Manner also, the Officers of Our Three Regiments of Foot Guards shall, for similar Purposes) of themselves compose Courts-martiaU and take Rank according to their Commissions. ALL Courts-martial arising out of Disputes between Our Life Guards or Horse Guards and Our Foot Guards, or between either of those Corps of Guards and an:; •'^ Our other Forces, or different Corps ji Our other Forces, shall be equally composed of OIHcers belonging to tlie Corps in which the Parties complaining and complained of do then serve ; — and the President shall be taken by Turns as nearly as Our Service will with Convenience ad- mit, beginning first by an Officer of one of Our Regiments of Life Guards, and so on in course out of the other Corps, according to the Seniority in Rank of such Corps respectively. faW H WHEN any Proportion of Our Regiments of Life Criiards, Horse Guardsy or Foot Guards Bhali be serving on de- tached Duty, Offenders belonging thereto shall be tried by Courts-martial to be assem- Med by any Governor or Commander of a District, Garrison, Fort, Castle, or Barrack, and to be composed of Officers of different Corps, provided that no less tliafu a Moiety of the Officers shall belong to Our Life Guards, Horse Guards, or Foot Guards /J respec- ;' / ) Officers t Guards lemselves ke Rank ng out of vuards or ruards, or 3f Guards ►r different be equally ig to tjie laiuin^ and — - and the iS as nearly snience ad- r of one of and so on , according mch Corps n of Our rse Guards, ing on de- ling thereto obeassem- uander of a or Barrack, of different ■Mn a Moiety Oiif Life )ot Guards respec- (hufis-marHal tespeetively, if so many are on the tame Duty, or can be conveniently assembled. THE Officers of Artillery shall, for Difierences arising amongst themselves, or in Matters relating solely to their own Corps, have Courts-martial composed of their own Officers ; but where a suffi- cient Number of such Officers cannot be assembled, or i*» Matters wherein other Corps are interested, they shall sit in Courts-martial with the Officers of Our other Corps, taking Rank according to their Commissions. NO Officer serving in the Militia shall sit in any Court-martial upon the Trial of any Officer or Soldier serving in any of Our other Forces ; nor shall any Officer in Our other Forces pit in any Court-martial upon the Trial of any Officer or Soldier serving in the Militia. ■"' ' PKOCEEDINGS. i IN all Trials by Courts-martial, as soon as the President and other Officers appointed to serve thereon shall be assem- bled, their Names shall be read over in the Hearing of the Prisoner, who shall there- upon be asked if he objects to being tried by the President or by any of such Officers ; —and if the Prisoner shall then object to the President, such Objection, unless disallowed 76 152. 153. 154. 76 m CourtS'Tnartidl, disallowed bv Two Thirds at least of the othar Officers appointed to form the Court, shall be referred to the Decision of the Authority by whom such President shall have been appointed ;- — but if he object to any Officer other than the President, such Objection shall be decided by the President and the other t)fficer8 appointed to form the Court ; — —and when the Place of the President or other Officer in respect of whom any Challenge shall have been made and allowed shall be supplied by some Officer in respect of whom no Challenge shall have been made or allowed, or if no Challenge shall have been made, or if made not allowed, the President and other Offi- cers composing a General Court-martial shall lake the following Oath before the Judge Advocate or Person officiating as su'ih ; and on Trials by other Courts- martial the same Oath shall be adminis- tered by the President to the other Mem- bers ; and afterwards by any sworn Member to the President : You shall well and truly try and deter- mine according to the Evidence in the Matter now before you. v: So help you GOB, You slmll duly administer Justice, ac- cording to the Rules and Articles for the better Government of Her Majesty^s Forces^ and according to an Act now in force for the Punishment of Mutiny and Desertion, and I w Disi It of the e Court, i of the 3nt shall lc object ^resident, L by the ippointed the Place in respect tave been d by some Challenge I, or if no or if made )ther Offi- irt- martial before the ciating as er Courts- e adminis- her Mem- any sworn and deter- nee in the m GOD. Justice^ (U- cles for tk ty's Forces, n force for ; Desertion, and (htirta martial. and other Crimes therein mentioned, with" out Partiality, Favour, or Affection ; and if any Doubt shall arise, which is not explained by the said Articles or Act, then according to your Conscience, (he best of your Understanding, and tJie Custom of War in the like Cases : And you shall not divulge the Sentence of the Court until it shall be duly apirroved ; neither shall you upon, any account, at any Time whatsoever, disclose or discover the Vote or Opinion . of any particular Member of the Court* martial, unless required to give Evidence thereof , as a Witness, by a Court of Justice, or a Court-martial, in due Course of Law. So hip you GOD. AND as soon as the said Oaths shall have been administered to t' ^ respec- tive Members, the President of the Court shall administer to the Judge Advocate or Person officiating as such at General Courts-martial an Words : n > -«'i Uath in tne following / A. B. tto swear, Tliat I will not, upon any account whatsoever, disclose or dis' cover the Vote or Opinion of any parti- cular Member of the Court-martial, unless required to give Evidence thereof, as a Witness, by a Court of Justice, or a Court- martial, in due Course of Law ; and that I will not, unless it be necessary fjr the due Discharge of my official Duties, disclose the Sentence i h fl 155. p. ; ■■ "?■< #1;; 156. Oourta-fnariial, Sentence of the Court until it shall he duly approved. So lielp me GOp. EVERY Person, as well Civil as Military, who may be required to give or produce Evidence before a Court-martial, shall, in the Case of a General Court-martial, be summoned by the Judge Advocate Gen- eral, or his Deputy, or the Person officiating as Judge Advocate ; and in the Case of all other Courts-martial by the President of the Court ; — — and all persons who give Evidence before any Court-martial, other than those who are by Law empowered to make a solemn Affirmation, are to be ex- amined upon Oath in the following Words : THE Evidence which you shall give before this Court shall be the Truths the whole Truth, and nothing hut the Truth, So help you GOD, ■■■. f; . '- - ' AFTER any Person subject to these Articles has been found guilty, the Court- martial before which he has been tried may, before passing Sentence;, and for the Pur- pose only of awarding Punishment, receive m Evidence against him any previous Con- viction or Convictions, the Proceedings of which have been duly confirmed, and any previous Conviction or Convictions of any such Person hj a Court of ordinary Criminal Jurisdiction ; but before anv such Evi- dence shall be receivedi it na^ \\ be proved to Ife duly GOP. Civil as give or t-nftartial, t-martial, cate Gen- officiating ,e Case of resident of who give ial, other )owere(l to to be ex- ig Words : Sive shall Truth,' the Truth. u GOD. ect to these the Court- 1 tried may, 3r the Pur- jnt, receive evious Con- ceedings of ed, and any ions of any iry Criminal ly such Evi- l be proved . to CourU-marltdL to the Satisfaction of the Court that the Prisoner had previously to his Trial re- ceived Notice of the Intention to produce such Evidence against him ; and the Court shall not award any other Punish- ment or Punishments than may be legally awarded for the Offence of which the Court shall then have found him guilty. IN the Case of previous Convictions by Courts-martial, the Court martial Book or the Defaulter Book of the Regiment, Corps, Troop, or Company, and when none oftnose Books can conveniently be pro- duced, a Certificate which shall purport to contain a Copy of the Entry of such Con- victions in any such Books, an I which shall be signed by the Adjutant or other Officer having the Custody oi the Court-martial Book or of the Defau..ers Book of the Re- giment, Corps, TrooDj, or Company to which the Prisoner belongs, shall be suffi- cient Evidence of such Conviction. IN the Case of a Conviction by a Court of ordinary Criminal Jurisdiction, a Certificate, transmitted as provided for iu the 39th Section of the Mutiny Act, to the Officer commanding a Regiment or other Corps by the Clerk of any such Court, or other Officer having the Custody of the Records of such Court, or the Deputy of such Clerk, setting forth the Offence of U which 79 157. 158. |.' I: iTi' ^' 80 Oourit'martial:, which the Prisoner was convicted^ together with the Judgment of the Court thereon, and purporting to be signed by such Clerk or other Officer, or by the Deputy of such Clerk, or if such Certificate cannot con- veniently be obtained, a Copy thereof, duly certified by the Officer producing it, shall be sufficient Evidence of such Con- viction. 159. '- IT shall not be nee . «ry to prove the Signature or official Character of the Person appearing to have signed either of the above-mentioned Certificates;- nor if the Court be satisfied from all the Cir- cumstances of the Case that the Prisoner under Trial is the Person mentioned therein, shall it be necessary to give other Proof of the Identity of the Person of the Oflfender. ^^-^^ > ' ' *^> 'i-:^'---^ 160. EVERY Judge Advocate or Person officiating as such at a General Court- martial shall transmit, with as much Ex- pedition as may be, the original Pro- ceedings, aiiu Sentence thereof, to the Judge Advocate General in London, in whose Office they shall be carefully pre- served : And the President of every District or Garrison Court-m£*rtial shall in like Manner transmit the Proceedings and Sentence thereof:— — But the Proceedings of District and Garrison Courts-martial V ' need Woi X)gether thereon, h Clerk of such inot con- thereof, Lucing it, Lch Con- to prove cr of the I either ot i ;- — -nor I the Cir- 5 Prisoner mentioned give other son of the or Person ral Court- much Ex- rinal Pro- of, to the London, in efully pre- t of every ial shall in eedings and Proceedings urts-inartial need # vburts marttat 81 need not be preserved after the Expiration of a Period of Twelve Years from the Date of (heir Deposit in the Office of the Judge Advocate General. ANY Person tried by a General, 161. District, or Garrison Court-martial, or any Person on his Behalf, shall be entitled, on Demand made within the Space of Three Years from the Date of the final Decision on the Proceedings, to a Copy of such Proceedings and Sentence (paying for the same at the Rate of Fourpence per Folio of Seventy-two Words), whether such Sen- tence shall b« aoproved or not, as soon after the Receipt of uie Proceedings at the Office of the Judge Advocate General as such Copy can conveniently be supplied. " NO Person acting as Prosecutor or 162. being a Witness for the Prosecution shall also act as Judge Advocate at a Trial. NO Trials shall be carried on except 163. between the Hours of Eight in the Morning and Four in the Afternoon, except in Cases which require an immediate Example ; and except in India, where Trials may be held between the Hours of Six in the Morning. and i^owr in the Aiternoon. . ' '■' NO Person shall use menacing 164. Words, Signs, or Gesture in Pre mee f M Court- 9£ Courts-marital •*, a Court-martial or shall cause any Disorder or Kiot, so as to disturb the Pro- , ceedines of the Court, under the Penalty, if an Officer or Soldier, of being punished at the Piscretion of tb^ said Court, and if a Civilian of bein-jr taken before a Civil Ma- gistrate to be punched according to Law 165. ALL the Members of a Court-mar tial are to behave with D^;eney ; to take their Seats aiccording tc Kamk^, and not quit them withoat Permissk>n of the Pre- sident ; who will ciear th^ Co«!Jrt on any Discussion ; a«vd in case of Jiiiem- perate Words used by itny Memli^ar of the Court, direct the same to be taken do^n in Writing, and reported to the Oflfk-*r ordering the Court-martial to assenaibfe no reproachful Words are to b« tt^^d to Witnesses or Prisoners ; and th<*: Pre- sident is hereby held responsible that every Person attending such Court be treated with proper Respect ; and in taking the Votes of the Court, the President shall begin by that of the youngest Member, 166. NO Person who shall be acquitted or convicted of any Offence shall be liable i to be tried a Second Time by the same or any other Court-martial for the same Offence ; and no Finding, Opinion, or| Sentence given by any Court-martial, and signed by the President thereof, shall be rivised luse any the Pro- Penalty, punished rt, and if Civil Ma- g to Law lourt-Hiar- r • to Uf and not ffhe Pre- Go<»rt on . of Jmtem- vber of the iket^ do^n the Offi<^->5' asseirtiKlie' : to u«^ «»ed md th«^ Pre- 5 that every he treated 1 taking the t shall begin le acquitted all be liable the same or • the same Opinion, or martial, and of, shall be rivised QmrU-martioL revised more than once, nor shall any ad- ditional Evidence in respect of any Charge on which the Prisoner then stands arraigned be received by the Court on any Revision. as PROVOST MARSHALS. /-ij FOR the prompt and instant Re- pression of all Irregularities and Crimes abroad which may be committed by Troops in the Field and on the Line of March, Provost Marshals shall be appointed by Us, or by Our Commander of the Forces, or Geaeral Commanding, and their Powers shal- be regulated according to the esta- blisb«?rd Usages of War and Rules of Our Service, being limited to the Punishment of Offenders whom they may detect in the aictual Commission of any Crime ; the Ge- igffTsX Commanding Our Forces in the Field will cause them to exercise the Powers en- trusted to them in such Manner and under such Circumstances as he may consider best calculated to prevent and instantly to repress Crimes injurious to the Discipline of Our Army and the Public Service ; their Duties are to take Charge of Prisoners confined for Offences of a general Description ; to preserve good Order and Discipline ; to prevent Breaches of both, by Soldiers and Followers of the Army, and to punish on the Spot, or the same Day, those whom they may find in the immediate Act of committing Breaches of 167, § 84 168. Courts-martuiy, of good Order and Military Discipline ; provided that the Punishment be limited to the Necessity of the Case, and shall accord with the Orders which the Provost may from Time to Time receive from Our Commander of the Forces in the Field, and that whatever may be the Crime, the Pro- vost Marshal or his Assistants shall see the Offender commit the Act for which summary Punishment may be inflicted, or if tho Pro- vost Marshal or his Assistants should not see the Offender actually commit the Ctime, but that sufficient Proof can be established of the Offender's Guilt, a Report shall be made to the Commander of Our Army in the Field, who is hereby empowered to deal with the Case as he may deem most con- ducive to the Maintenance of good Order and Military Discipline. BOARDS AND COCJRTS OF INQUIRY. FOR the Purpose of securing a Pro- vision for Life to the Officers of Our Army who have sustained serious and permanent Injury by Wounds received in Action with an Enemy, according to Our Rules and Regulations for granting Pensions to wounded Ofl&cers, — it is Our Will and Pleasure, that when the State of the Of- ficer's Wound shall be such as to require him to be inspected by a Military Medical Board, convened by Our Order through Our Secretary at War; such Board shall may cal I Assi Yeaj the Offio retiri condi Medi shall ber t( Prese Enqa I Iwill give now Spin and 1 by He AND that 1 Timej Ojyini of the compe for the QntrlsmarUal. 1 ited to iccord it may 1 Our Id, and \e Pro- see the mmary tiR Pro- M not Cirlme, iblished shall be \miy in i to deal ,ost con- d Order ;UIRY. ig a Pro- ur Army jrmanent Lion with ules and sions to Will and the Of- require Medical through ch Board shall shall be composed of not more than Five n'T less than Three Medical Officers, and where Three Surgeons ur Medical Olhcers of higher Kank are not available, the Board may be composed of One ^ on or Medi- cal Officer of higher Rn of Two Assistant Surgeons of m ihan Six Years Service : The tToc edings of the Board in the Inspection of wounded Officers, and in certain Cases of Officers retiring on Full or Half Pay, shall be conducted as follows: The Senior Medical Officer shall act as President, and shall himself make, and require each Mem- ber to make, the following Declaration in Presence of the Officer whose Case is under Enquiry : '»Mi i'^Jt! 1 A.B, do declare, upon my Honour^ that I will duly and imparttally inquire into and give my Opinion on the Case of the Officer now before this Board, according to the true Spirit and Meaning of her Majesty^sOrders and Regidations and the Insti uctions issued by Her Majesty^s Orders on this Bead : AND I further declare, upon my Honour, that I will not, on any account or at ant/ Time, disclose or discover, my own Vote or Opinion, or that of any particular Member of the Board, unless required to do so by competent Authority. !, THESE Boards will either have for their President, or report their Proceed- iu-^i ings IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■tt m 122 r 1^ 12.0 t^t ^^^ ^ -*/ V HiolDgraphic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)a72-4503 'i^?V^ '^ It**'' fc&A'S iin M OourtMnarticU, ings to, the Director Greneral of the Army Medical Department, who will transmit the Report, for Our Decision, to Our Com- mander in Chief or Secretary at War, as* the Case may require. •169. IN order to secure to the deserving Soldier, when discharged, a Provision pro- portioned to the Length and Nature of his Service, and to enable Our Commissioners of Chelsea Hospital to carry into full Effect Our. Rules and Regulations for the pen- sioning of Soldiers, — We do hereby order that when a Soldier shall be discharged, whether for Unfitness, or for any other Cause, his Services, Conduct, Character, and the Cause of the Discharge shall be ascertained before a Regimental Board, to be held for the Purpose of verifying and recording all these necessary Particulars in the Discharge, on which Document the Decision of Our Commissioners of Chelsea Hospital on the Soldier's Claim to Pension will be made. The Board shall be com- posed, in all Cases, of Three Officers ; the Second in Command shall be the Pre- sident, and the Two next Senior Officers on the Spot shall be Members ; and all Military Persons who may be summoned by the President thereof are directed to attend and give Information to the Board on the Subject of their Inquiry : Such Board is not competent to award any Punishment or Forfeiture of Service, their / " Duty .Chufii-martiaL '.^' 87 Duty being restricted to the faithful and impartial Record of the Soldier's Services and Conduct at the Close of his Military Career ; and they will be governed in this their Duty by a Keference to Our Rules, Orders, and Regulations for the pensioning of Soldiers, which Regulations shall be produced before the Board when- ever it is assembled : When the Board is assembled, the President and Members thereof shall severally make the following . Declaration in the Presence of the Soldier whose Case is under Inquiry : I A. B, do declare^ upon my Honour^ that I will duly and impartially inquire into the Matters to be brovght before this Boards according to the Rules and Regulations of Her Majesty^s Service, and if any Doubt shall arise, according to my Conscience, the best of my Understanding, and the Custom of the Service in like Cases, IF any Soldier shall have been ille- gally absent from his Duty for the Space of Two Months, a Court of Enquiry of Three Officers shall forthwith assemble, who are hereby empowered to examine Witnesses upon Oath respecting the Fact of such Ab- sence ; ind, having received Proof on Oath of the Fact, they shall declare such Absence and the Period thereof, and the Officer commanding the Corps shall enter a Record of such Absence, and of the Declara- tion 170. 88 mi i '•Kj Wtb' - 171. Cbufis^mariial lion of such Court of Enquiry thereon, in the Regimental Books ; and if such Sol- dier should not afterwards surrender or be apprehended, sueh Record shall have the legal Effect of a* Conviction for Desertion ; and if such Soldier should surrender or be apprehended after such Record shall have been so entered, such Record, or a Copy thereof, purporting to bear the Signature of the Officer having the Custody of the Regi- mental Books, shall, on the Trial of such Soldier on a Charge for Desertion, be ad- missible in Evidence of the Facts therein recorded ; and on Proof of the Indentity of the Prisoner with the Soldier therein mentioned, he may be found guilty of De- sertion ; and if he be convicted, the Sentence of any such Court shall be inserted in the Soldier's Discharge. FORFEITURE OF PAY, SERVICE, DALS, ANNUITIES, GRATUlTXHiS, PENSIONS, &c. ' EVERY Soldier found guilty by a Court*martial of the following OfTehces ; — Desertion : Wilfully maiming or injuring himself or -; A any other Soldier, whether at the In- stance of such other Soldier or not, — or causing himself to be maimed or injured by any other Person, — ^with Intent thereby to render himself, or such other Soldier, unfit for Service : Tampering if i[ ;if Couris-martidl '^Tvmpetlng with his Eyes, with Inteiit thereby to render himself unfit for Service : Such Finding having been confirmed ;—— AND every Soldier who may have been sentenced to Penal Servitude, — or who has been discharged with Ignominy ; AND eve^ Soldier who has been found guilty of Felony in any Court of ordinary Criminal Jurisdiction in England or Ireland, — or of any Crime or Offence in any Court of Criminal Judicature in any Part of the United Kingdom, or in any Dominion, Territory, Colony, Settlement, or Island belonging to or occupied by Her M ajesty out of the United Kingdom,— -which would, if GOmmited in England, amount to Felony; .. SHALL thereupon forfeit all Advan- tage as to additional Pay, Good-conduct Pay, and Pension on Discharge which might have otherwise accrued from the Length of his former Service ; ALSO, all Medals and Decorations whatsover which he may be in possession of an authorized to wear, together with the Annuity or Gratuity, if any, thereto appertaining. '^,, ,n > a- r v.i i ,jl >^ v ^ BUT any such Soldier, if he shall have subsequently performed good, faithful, or ;f1 'iur Com- restored any Part ie Resto- Drder for >ugli Our jn of his entence of Court, or r Debt, or being an ng allowed Master, — his Duty ne limited ngagement ch Portion Loned as a which such .ged, or for have been itled to Pay r or Pension Sentence of )sence from oement as a • any Charge s convicted, my Court of ordinary Gmrts-maritdl, ordinary Criminal Jurisdiction, or whilst in Confinement for Debt ; and no Soldier whose Ration of Wine or Spirits or Beer has been stopped on board Ship by the lawful Order of the Officer Commanding shall be entitled to claim the Value of such Ration*in Money. NO Soldier shall be entitled to Pay, or to reckon Service towardsPay or Pension, during the Period of his Absence as a Prisoner of War; but upon rejoining Our Service due Inquiry shall be made by a Court-martial, and unless it shall be proved to the Satisfaction of such Court that the said Soldier was taken Prisoner through wilful Neglect of Duty on his Part, or that he had served with, or under, or in some Manner aided the Enemy, or that he had not returned as soon as possible to Our Service, he may thereupon be recommended by such Court to receive either the whole of such Arrears of Pay or a Proportion thereof, and to reckon Service during his Absence. n '■ * ",'. -i' 'S. ANY Soldier who shall be con- victed of Desertion, or of Absence without Leave, shall forfeit his Pay and Service for the Day or Days during which he was in a State of Desertion or during his Absence without Leave. ANY 174. t 175. 98 CourtamartidL 176. 177. 178. hu' [I •''^ I 179. 180. ./ „. -t/t ANT Soldier who has been inipri- soaad bj Order of his Cdmmanding Officer shall forfeit his Pay and Service f6r any Day or Days duriBg which he shall have been so imprisoned; subject, however, to the Right of Appeal given in such Cases by these Articles. ANY Soldior shall be liable,— at the Discretion of his Commanding Officer, sub- ject, however, to the Right of Appeal given in such Cases by. these Articles, — to forfeit his Pay for any Day or Daysy not exceeding Five, during which he shall have been abisent without Leave. OUR Secretary, of State for War may ordisr or withhold the Payment of the whole or of any Part of the. Pay of any Officer or Soldier which by these Articles has been rendered subject to Forfeiture by reason of Absence from Duty for any of the Causes aforesaid* ]-l\S-:\:,A 'Is! OUR Secretary of State for War may also withhold the Pay of any Officer or SoWiw for any Period during which such Officer or Soldier shall be absent without Leave, or improperly absent from his Corps and from his Duty. : ^m^^ IN case of any Doubt whatever as to the proper Issue of Pay, it may be with- held i\ Q impn- g Officer fbr any lall have however, [ch Cases e,— at the ficer, sub- peal giv^ -to forfeit exceediijg tiave been Courit-martial ,, held until Our Orders respecting it shall have been signified bj- Our Secretary of State for War. 93 *#' SECTION IV. BANK. LL Officers doing Duty with their . ] Regiments only shall take Bank according to the Dates of their Commissions in such Regiments ; but when serving together with Officers of other Corps, each shall take Rank according to his Brevet or Date of any former Commission. ,^ WHEN Our Regiments of Life Guards and Horse Guards shall do Duty together, the eldest Officer by Commission shall command the whole. Regard being always had the respective Ranks of those Corps, and the Posts they usually occupy ; and if any of Our Life Guards, Horse Guardsj or Foot Guards shall be serving with any of Our other Troops, the eldest Officer by Commission, without respect to Corps, shall take upon him the Command of the whol<^. whatever as I iVy be with- 1 WHENEVER Our Regiments of held! Lifb' Guards,: or Detachments from the same. ) for War aent oi the >ay. of any se Articles >rfeiture by for any of ^ for War [any Officer Icing which be absent ibseutfrom m\ -• ' i 181. 182. ;l 183. r. I Hi a 184. i'*!- 185. 186. \;- <■ -/ I f'i.1 / Rank. same, shall do Duty together, unmixed with other Corps, they are to be considered as One CorpSj and the Officers are to take Rank and do Daty according to the Dates of their Commissions. AND when Our Regiments of Foot Guards, or Detachments, from Our said Regiments, shall do duty together, un- mixed 1^ .1 other Corps, they shall be considered as One Corps, and the Officers shall take Rank and do Duty according to the Commissions by which they are mustered. T-l \ \'Mm sit' THE Officers in the late East India Company's Service and in Our Indian Army shall take Rank with the Officers of Our Forces according to the Dates of the Commissions held by them respectively from Us, or from Authorities duly deputed ^7 Us. '■'■>■' ' ALL Colonels serving by Commis- sions signed by Us or by Our General com- manding in chief in North .America, when employed in any Dr.ty in conjunction with General Officers or Colonels serving there by Commissions from any of Our Civil Authorities in the Country, shall have Precedence of such Provincial Officers, although their Commissions be of elder Date ; and in like Manner all Officers, below the Degree of Colonel, having Com* «ui«..^ missions I .ti<.' Bank, unmixed msidered 3 to take he Dates is of Foot Our said jther, un- shall be e Otficers according they are East India ir Indian iQ Officers Dates of espectively ly deputed missions signed by Us, shall hare Prece- dence of such Provincial Officers of equal Rank, though their Commissions be of elder Date. OFFICERS of Our Regular Forces with whom the Officers of Our Militia Forces take Rank, by a special Provision made by Parliament in that Behalf, as the youngest of their Degree, shall have Pre- cedence of and command the Officers of equal Degree serving in Our Fencible Forces, Our Yeomanry Cavalryi and Volun- teer Corps; and the Officers of Our Fencible Forces, Militia, Corps of Yeomanry Cavalry, and Volunteer Corps sball rank together, according to the Dates of their respective Commissions, excepting in such Cases where We may otherwise specially direct*. " 187. ly Commis- 3neral com- erica, when conjunction nels serving my of Our mtry, shall cial Officers, >e of elder all Officers, laving Com- missions ..*vW^^;>q'% t 10 'i>> )to-i Via .u SECTION y. i]ilf lit:' iivt "'k -:* APPLICATION OF THE ARTICLES. ; ALL the Provisions of these Articles shall apply to eveiy Person who is or shall be commissioned or in Pay as an Officer, or who is or shall be attested or in Pay as a Non-commissioned Officer or 18 Soldier, 188. 06 Applicatum of the Aritela* m f wh Soldii^r, and to all Peraoma employed on the Eecruiting Service, receiying ray In respect of such Service ; and to Persons who are or shall be hired to be employed in .^ V Our Royal Artillery, Koya^ Eiigineersy an4. to Masters Gunners, and to Conductors of Stores, and to the Corni^ of Royal Mili- tary Surveyors and Drausmen, and to all Officers and Persons who are or shall be serving on the Commissariat Staff or in the Commissariat Staff Corps, and to Officers serving in the Military Store Depi^rtment, and to Persons in the War Department, who are or shall be serving with any Part of Our Forces, at home or abroad, under the Command of any Commissioned Offi- cer ; and (subject to and in accordance with the Provisions of , Statute of Sixth and Seventh Victoria^ Chapter Ninty-five,) to any Out-pensioners of the Royal Hospi- tal, CMsea, who may be called out on Duty in aid of the Civil Power, or for Muster or Inspection, or who, having volunteered their Services for that Pur- pose, shall be kept on Dut^ in any Fort, Town, or Garrison ; and to all Mili- tary Store Officers anjd oth^r Civil Officers who are or shall be employed by or r: \ act under Opr , S^^iretary of l^tate for War at any of Our Establishments in, Onr Islands of Jem^ Guernsey^ Alderney, iSarky BXkd Marir and the, lis^pd^, thereto belonging, or at Foi;eign StaUons; — - and • W^tf Ibnt&e respect •ns who ojed in igineers, nductors fa\ Mill- lid to all shall be or in the Officers p^rtment, partment, any Part lad. under med Offi- ccordance of Sixth inty-five,) ^al Hospi- »d out on er, or for }, having that Pur- any Fort, , all Mili- iril OflBcers ed by or l^tate for nts in Our Alderneyr ds, thereto ions; — ^ and Application of the Artiek§» atid to all Persons belonging to f^ Majesty's Indian Forces who are or shall be commissioned or in Par as Officers, or who shall be listed or in Pay as Non- comTnissitmed Officers or Soldiers, or who are or shall be serving or hired to be em- ployed in the Artillery or any of the Trains of Artillery, or as Mastier Gunners or Gunners, or as Conductors of Stores, or' who are or shall be serving in the Depart- ment of Engineers, or in the Corps of Sappers and Miners or Pioneers, gr as Military Surveyors or Draughtsmen, or in the Ordnance or Public Works or Com- missariat Departments ; and to all Storekeepers, and other Civil Officers em- ployed under the Ordnance ; and to all Veterinary Surgeons, Medical Store- keepers, Apothecaries, Hospital Stewards, and others serving in the Medical Depart- ment of the said Forces ; and to all licensed Suttlers, and all Followers in or of any of thesaid Forces. u^^jw ijj construing these Articles, the Word " Regiment " may be deemed to' in- clude other Branches of the Service than thoi^e which are strictly regimental, and* the Provisions relating to Regiments ttiAy be applied to such other Branched. — — *The Word « Month »* shall h& taken to mean* " Lunar Month, " and the Word « Year •* to mean " Calendar Year;" the Word " Dis- •T i\ 189i i d8^ 190. ■ t 191. J'."- AppUcaUon of the Articles, ^ trict" shall in India be deemed to include a Division, Field Force, or District directly subject to the Command of the General commanding in chief the Troops of the Pi'esidency ; " One Fenny " shall in India be construed to mean " Eight Pies. " NO Officer or Soldier or other Person within Our United Kingdom of Great Britain and Ireland, or the Bri- tish Ides, shall be subject to suffer any Punishment extending to Life or Limb, or to be kept in Penal Servitude, by virtue of these Our Articles of War, except for such Crimes as are expressly declared by the Mutiny Act, and by the said Articles, to be so punishable within the same. ' THE Officers and Soldiers of any Troops, being mustered and in Pay abroad, which are or shall be raised or serving in any of Our Dominions abroad, or in Coun- tries or Places in possession of or occupied by Our Subjects or any of Our Forces ;— shall at all Times, ami in all Places, when joined or acting in conjunction with Our Forces ; or under the Command of any Officer having a Commission immediately from Us; be subject to these Our Articles of War, and shall be liable to be tried by Courts-martial| in like Manner as Our Forces are. ;>iiia* j1feOl/i.*S#|5>k: aIII '* ^1)1^ fY*' Ui^ I '' : im'i 'ij.mmi£J " nmm K. '■ 4'vru WHEN nclude irectly reneral of the I Indta r other dom of le Bn- flfer any Liinib, or irirtue of for such [ by the Les, to be .1 of any abroad, srving in lin Coun- occupied ,es\ jes, when ith Our id of any lediately iese Our ible to be anner as WHEN • ^-.:« Application of the Artidts, WHENEVER any of Our Forces shall be embarked on board Our Ships of War or any other Ships which may hare been regularly commissioned by Us, and which may be employed in the Transport of Our Troops; Our Will and Plea- sure is, That the Officers and Soldiers of such Forces, from the Time of Embarka- tion on board any Ship as above described, shall strictly conform themselves to the Laws and Regulations established for the iGrovernment and Discipline of the said Ship, and shall consider themselves, for these necessary Purposes, under the Com- mand of the Senior Officer of the parti- cular Ship, as well as of the Superior Officer of the Fleet (if any), to which such Ship belongs. THE Second Section of these Our Articles of War is to be read and published once in every Three Months at the Head of every Corps in Our Service, together with the following Articles in the other Sections, which are marked with an Asterisk ; viz. 99 4. 31. 133. A 33. 134. s: 120. 137. V. 13. 121. 13^. 21. 128. 139. 22. 129. 142. 23. 131. 156. * 24. 132. 169. 30. • 4 192. 193. ALSO 100 »' t:Jm ^>* *., ^ApplkcUim of iM Atixdu, - AI9SQ the following Notiee : — ( Under tlie existing Law, any Person who :ab{ill malioionslji^nd advisedly endeavour rto seduce finy Perison or Persons serving in jBbr Mi^sty's Forces by Sea or Land from ^his or their Duty and Allegiance to Her Maje8ty,-^or to incite or stir up any Buch Person or; Persons to commit any ilct of Mutiny^— 'Or to make or endeavour to make any mutinous Assembly, — or to commit any traitorous or mutinous Pnictice what- soever, may , on being legally convicted of . such Offence be sentenced io Penal Servi- tude for the Term of the natural Life of juch Pprsqn. .^ ■ _ ■ Y T% - ■"'i~-;W ■ 1 .-> , r^rf^;? ^ / * "l qiW*'-.' - mi:, ■ iC;'.? < ■'f-- Mi A.<'J < i.>- ^-..l/l■^ uv'i n who eaYour ving in id from to Her ly such Act of ^0 make commit ,e wbat- ricted of I ^'ervl- Life of i> *V' lyz 01?; -^LTBBA^ %\*t i i-} s'-rv^ttT f ' «;»: NkB. — The Seeiiont, Ae. are priuitd ae ikty fare I filtered ; the Worde left out being eiruek throngji^ \eMd the additional Worde in Italiee, y - 4 Mi ■ Ad. t >■■■■< O' I ?«0.jy' .^BEAtfBLE. «y^t «Yi ti^a^^-tst % nm': «f and^hat the whole Number of such Forces should consist of Quo hund>6d 'ii a i L forty g jghi ith o noand two huAdfod fthd fo Mcn^ inieluding Nino t houoohd thi p fto hundicd And forty nino^ One hundred dnd farty^ix thousatid seven hundred and sixty-six Men, including Nine thomdnd three hundred ondJcTty seven, all Ranks, to be employidd with the Dep6ts in the United 'Kiiigobin of Great Britain and Irelimd of iRe^imehts serving in Her Majesty's Indian Possessions, but exclusive of the Numbers actually serving within Her Majesty's Indian Pos- 'fleSftiOjftS |*''&>C» '-* "^' ■»^j"-"H -:.*^i ij^>*ii5 lyr. Number Men to con- sist of 146.766, in- tiluding those em- ployed at I)ep6t8 of Regiments servinff in India, DQt exclosive of those actually serving in India. ff f,-t ' ■ ' " I 102 AUercUiona in Act Mr- J » Perwna sub- « ALL the ProTisions of this Act shall ^t to this apply to all Persons who are or shall be ^ commissioned or in Pay as an Officer, or who are or shall be listed or in Pay as a Non-commissioned Officer or Soldier, and to all Persons employed on the Recruiting Service receiving Pay, and all Pensioners receiving Allowances in respect of such Ser- vice, and to Persons who are or shall be hired to be employed in the Royal Artillery, Eoyal Engineers, and MilitQis' St a ipo Pop Ml mm^ and to Master Gunners, and to Con- ductors of Stores, and to the Corps of Royal Military Surveyors and Draftsmen, and to all Officers and Persons who are or shall be serving on the Commissariat Staff, or in the Commissariat Stafif Corps, -whand to Officers serving in the Military Store De- V ; partment, and to Persons in the War Depart- -ment, who-aceor shall be serving with any -Pwt-"OfH«P Majesty's Army at home ..or > - abro a d , under the Command of any X!om- missioned Officer, and (subject ..to and in accordance with the Provisions of an Act passed in the Sixth and Seventh Years of the Reign of Her present Majesty, Chapter Ninety-five,) to any Out-pensioners of the Royal Hospital, Chelsea, who may be called out on Duty in aid of the Civil Power, or for Muster or Inspection, or who having volunteered their Services, for that Purpose shall be kept on Duty in any Fort, Town, or Garrison, and to all Btofekccpc f a Military Act shall shall he Ifficer, or Pay as a Idler, and lecruiting Pensioners •such Ser- r shall he Artillery, id to Cen- ts of Royal len, and to re or shall t Staff, or f-^f-and to Store De- '^ar Depart- g with any lhome„or any XJoin- „to and in , of an Act ;h Years of y, Chapter ,ners of the may he . the Civil ion, or who ;es, for that xi any Fort, Military Alterations in Act. Military Store Officers and other Civil Offi- cers who are or shall be employed by or act under the Secretary of State for War at any of Her Majesty's Establishments in the Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the Islands thereto be- longing, or at Foreign Stations; and all the Provisions of this Act shall apply to all Persons belonging to Her Majesty's Indian Forces who are or shall be commis- sioned or in Pay as Officers, or who shall be listed or in Pay as Non-commissioned Officers or Soldiers, or who are or shall be Ferving or hired to be employed in the Ar- tillery or any of the Trains of Artillery, or as Master Gunners or Gunners, or as Con- ductors of Stores, or who are or shall be serving in the Department of Engineers, or in the Corps of Sappers and Miners, or Pioneers, or as Military Surveyors or Draftsmen, or in the Ordnance or Public lYorks or Commissariat Departments, and to all Storekeepers and other Civil Officers employed under the Ordnance, and to all Veterinary Surgeons, Medical Storekeepers, Apo thecaries, Hospital Stewards, and others serviiig in the Medical Department of the saiTForces, and to all Licensed~Sutrers, and all Followers in or of any of the said Forces; PROVIDED that nothing in this Act contained shall extend to affect any Security which has been or shall be given by any Btofolioopoi^ Military Store Officer^ Barrack Master, or other Officer, or their Sureties, 103 (■'.. .104 Alterations in Act, Sureties, for the due Performanca of their respective Offices, but that all such Secu- Titles shall he i^nd remain in fi^ll Fbrce and 33. 0'.'Sf..Vi: " and in the event of his being a Ke- cruit tvho has not joined, that it may be so stated in his -Report, together with the Name of the Place where the Man enlisted.— -in all Cases where the Soldier in Custody is [under Sentence to' he iHscharged from the ' Service on the Complef^n of his T'erm of Imprisonment, and the Discharge DocU" ment is tn' the Hands of the Gaoler, such Oabler shall riot be required to make any Report thereof to the Secretary of State for ^War, or to the Military Authorities herein- ''before referred to, '" n ■ "* '-^ ':-^;- -■■' ■iC' 64. p . Re^ngage- ment of Soldiers for a further Term. ft: « ANY Sbldier at any ^ Time during the last Six Months ofthe Term of limited Service for which he shall have fir^t engaged, or after the Completion of such Termt may, with the Consent of' his Cxim- manding Officer, w any Pcfoori htt¥ing boon a Boldicf , aftCF having FOooivod hio ' Dioohaygo, iBciy^-if approved by competent Military Au- thority as a fit Person for Her Majesty's Ser- vice, be re-en gauged to serve for the further ^Term of ijlevipn Yciars in the Infantry, arid Twelve Years in the Cavalry, aitd Nine Years in the ArtiTleiy of^fejigineers, upon IS a of their ittcli Secu- Force and eing a 'Re- may be 80 h the Name ited. In Cuitody M d from the lis Term of arge Docu* laoier, such .0 make any of IState for lities hereifv- rime duriijg n of limited have fif^t tion of such orhisCjbm- hftving' Doon /a Military Au- Majesty's Ser- >r the further he Infantry> ava\ry, arid Sj'EUgineers, upon ^ AUerattont in Act npon making a Declaration, in the Form given in the Schedule annexed to this Act, before any One of Her Majesty's Justices of the Peace in Great Britain or Ireland, or if not in Great Britain or Ireland before any Person duly appointed to enlist and attest out of Great Britain and Ireland any Soldiers or Persons de- sirous of enlisting or re-engaging in Her Majesty's Service ; — — «wrf on the Expira' tion of the Second Term of limited Service for which any Soldier shall have engaged, the said Second Term of limited Service may be prolonged for such further 'Time not exceeding Two Years as shall he directed by the Commanding Officer of the Station where such Soldier may be at the 2*ime of the Expiration of such Service; and any Soldier who shall give 'Notice to his Commanding Officer, after completing his Second Term of limited Service, that he is desirous of continuing in Her Majesty's Service, and being approved by competent Military Authority, may he <:ontinued in such Service as a Soldier so long as he shall desire to be so continued, and until the Expiration of Three Calendar Months after he shall have given Notice to his Commanding Oficer of his Wish to be discharged, and for that Purpose shall be (considered in ,all respects during such Time a^ if his Term of Service were still unexpired,"., ... , . ^ , : ; V 59. "NO 105 ■/ *v¥ i*-' - "^V *H 106 Alterations in Act Aathorized Deductions only to bo made from the Pay of the Army. _«?ipi.f ♦■*>,» 69. ^ti-iir *^^fff* tit I ft' " NO Secretaty of State for the War I ^of Department, Paymaster General of thel*^^ Army, Paymaster, or any other Officer I -^^ ^atsoever, or any of their under Officers, I ^^ Siidll receive any Fees or make any De- 1 ^'^ ductions whatsoever out of* the ]*ay of I ^^^ any Officer or Soldier in Her Majesty's 1 5""^ Army, or from their Agents, which shalll^'^f^ grow due from and after the Twenty-fifth I ^^^ Day of April One thousand eight hundred! ^1/ J and sixty-three, other than the usual Deduc-I ^'^* tions, or such other necessary Deductions! -^^^ as .shall from Time to Time be authorizedl/^^^ or required by Her Majesty's Regulations! ^^^ or Articles of War or by Statute Twenty4^^^^' six and Twenty-seven Victoria, Chapten^f J Sixty-five, Section Eight ( Volunteer Act)\ ^fi\ or by Her Majesty's Order signified byl'''*^* the Secretary of State for the War Depart-p^^ ment;"&c. , ,, ., . > . v ,. I??'' \mej Officers and Soldiers serving in India. 1 105. wrov " A^Y Officer or Soldier, or other PerUuch son subject to this Act, who shall be serviniQ^ni in the Territories of any Foreign State iff he India, or in any Country in India undiremi the Protection of Her Majesty, or at anln gg^ Place in Her Majesty's Dominions in Indimuti (other than Prince of Wales? Island, Simith gapore, or Malacca), at a Distance ifo h upwards of One hundred and twenty Milplwa from the Presidencies of Fort Williai fort Saint George, and Bombay resj ?..;. tivell ice we Alteraiums in Act tively^ and who thall he accused of having the War I committed Treason or any other Crime >ral of xYieM^'^hich, if committed in England, itHfuld be Iher Officer I Feloni/, may be tried by a General Court- der Officers I ''^o.rttalj to be appointed by the General or ke any De-I^^^ Officer commanding in chief in such the Pay of I ^^^^^ f^ '^ Time being, and, if found Maiesty'sl fi'^'^'y* *^^^^ ^ liable to be sentenced by which shalll ''*^^ Court-rnartial to suffer such Punish- Twenty-fifthl ^^^^ ^* might legally have been awarded { ht himdredl ^y ^''^ ofSer Majesty^s Courts of ordinary usual Deduc-I CrimmalJurisdiction within Her Majeslifs Deductions! J^ominions in India in respect of an Of- \ authorizedl/^'*^^ 9f ^ ^*^^ Nature and Degree, and ' ReeulationJ^''^^*^^^^ ^^^hin tlte Jurisdiction of such ^ tute TwentyA^^^^'''^^^^^^^^^ Court ; but no Sentence hria Chapten^f ^ General Court-martial for any such 107 fv i Offence shall be carried into execution until the same shall have been duly con- firmed ; and it shall be lawful for such General or other Officer commanding in chief as aforesaid, except as is herein-after provided, to confirm the Sentence of any such General Court-martial; and such General or other Officer as aforesaid may, if he shall think fit, suspend, mitigate, or remit the Sentence, or, in the Case of y, or at an a Sentence of Penal Servitude, may com- mions in Indi mute the same to Imprisonment, with or ?s* Island, Sii without Hard Labour, for such Period as a Distance (to him shall seem fit: PROVIDED d twenty Mtl always, that in all Cases wherein a Sen- Fort Willicimence of Death or Penal Servitude shall hmbay respehave been awarded by any such General olunteer Act), signified by War Depart , or other Per hall be servin^ vreign State \\ I India undt tivcl Court- i'i If' '-i, I M.^* itM' AUtgMttotit in Act, Court-martial Md for tU Trial of a Commiinoned OffUir^ orwhet&a Sentence of Death shall have been awarded by any such General Court-martial held fi>r the Trial of any Person suhfect to this Act other than a Commissioned Officer, such Sentence shall not be carried into execution until it shall have been duly confirmed by the General or other Officer commanding in chief Her Majesty^s Forces in India, with the Concurrence of the Governor' General in Council : — PRO VIDEO also, that any Person who may have been 80 tried as aforesaid shall not oe tried for the same Offence by any other Court what' soever. 1 , ^ 106; [Alteration only in DcUes.} 1 'V t i ^ » * ! '-'''■♦ , ^'\ I of dc th( wa in the Ye or or la nrittl hell Coi Mai ,'^t^ffi ^■M .^fi SCHE Wo/ of a \ Sentence ed by anu Id far the this Act 'fflceff svch 10 execution nfirmxit by mmanding in IndMf Governor' 10 VIDEO y hav( been be tried for Court what' lesJ] h ''VK^ •-An-^v V ,<>■ AUeratumt tn Ad 9di . yf% "i SCHEDULES. m ,, ■ t > ,t TV '< DkcLiRATioif to be made by Recruit oa Attestation. I now residing in the PaWsh' ^f - " In the County of i do solemnly and sincerely declare, ThAt to the best of my KnowIedgiB and Bdief I was b6rn in the Parish of (a) ^ in or near the Town of (b) '"' '■ * ' itf the County of (c) , and am Years of Age ; that I am of the Trade or Calling of [or of no Trade or Calling as the Case may be] ; that I am not an Apprentice ; that I am not married ;' thaJt I am not a Widower ; that lam a Widotcer^ and that I have (or have not) Children; that I do not belong to the Millitia, or to the Naval Coast Volunteers, or to any Portion of Her Majesty's Land or Sea Forces ; '' &c. scheI ** Declaration to be made by a Soldier, or Person having, been a Soldier, on renewing his Service. X do declare. That I am at present [or was, as the Case may be,] in Captain Company in 109 ■■•■ -^j;*: " ■• -I- i ■ M ■■»• :. ,,C' ^1 i * ,H li"* 1*1* k • no . vvi. »-•> ,. ^:.- AUerationt in AcL the Regiment [the foregoing Portion of this Declaration may be altered to suit each particular Case] ; that I enlisted on the Day of for a Term of Years ; that I am of the Age of Years ; and that I will serve Her Majesty, Her Heirs and Successors, for a Airther Term of Years [to be tilled up with Eleven Years in the Infantry, or Twelve in the Cavalry, or Nine in the Artillery or Engineers, and, in the Case of a Soldier about to embark for Foreign Service, with such Nnmber of Years as shall be required to complete a total Ser- vice of Twenty-one Years in the Artillery, Engineers, and Infantry, or Twenty.four in the Cavalry,] provided my Services should so long be require], and also for such further Term, not exceeding Two Years, as shall be directed by the Com* manding Officer on any Forei|^ Station. Declared before me •^'""'' th9_ ,Day of_ 18 .Signature of Soldier. .Signature of Witoesa." '.':U'^.f' ■• JIO j>! j..iJ:.-i<.-vj' -4' :v»5 ; I t t {/:u -M-u) .a.yO ''^'''-^^ v^l»W lOj in' ;. AUtrationi in AcL HI Foregoing )e altered —that I ; that Years ; Majesty, a further ;o be filled ifantry, or ine in the he Case of >r Foreign ; Years as i total Ser- 5 Artillery, ^wenty.four r Services id also for iding Two the Corn- Station. 18 i^Hif/'/ of Soldier of Witness." ■ >/^. , i No. . DMOEipnoir Rmmir of who ^ t' spprehMiltd [or ** sorrendered himself^" m the Case may be,] on the Dtjf of end was ooiliinitted to ConfinemeDt at on the Day of as a Deserter from [insert Regiment or Corps]. Ag. Height Fsei. XboKm. Complexion ..... Hair • • - • * Eyes ....... Marks ...... Probable Date of Enlistment, and where • Probablu Date of Desertion, and from what Place > t Name and Occupation and Address of the Person the Deierier iea$ apprehended and $ee»red • ^'- * \ Particulars in the Evidence on which the Prisoner is committed, and showing whether he rurren* dered or was apprehended, and in what Manner and upon what Grounds • * • Qtrk. yitJTI "No. •:' ' . ,(i-'»«»f ;, •:i ' .' V -1-1 • * ' i*» ■'. . . ^ - i- Wri . f ' » • "W^^ ; > ^ **;... K \% Artictn w 112 AUeraiiona i.i Art'clea of War. -*V % ■.li ' 82. p. 37. p. 40. • ♦'• »%•■?. Artides of TT^nl^Us t'-'l^jri ,i.-:*t n^^jiij nf'.f.i't -jyiT&ffAt i? .-^•; SECTION II. ■ ;: "4- ■tn CRIMES AND PUNISHMENTS. " such Soldier sliall ]je deprived of Iiis Liquor, in.- .' O'jil — *^ — i . ' I i ' m' ' "* Oj i ^ — Poimy ft Doy ' f hi? Ppy, anol ike Eiji'i'chitt of One Pennif a Day of Ids Pay i^tall llictcirpon also be co/fsidered asforfeilcd, fov so long a Ti}ue as sucli .^lokljer sliall be at such Station, or on Iward STldi~Vessel, and his Sentence to J^'oifeitui'e of Pay shall con- tinue in force." 'V HWr^'^:^'' 4»i:!:>iJt'. DlBGr^ACE ' UL C'OXDUCT. ■■* } «ii '"i " and to Forfeiture of any Good-con- duct Badges, Medals, or Decorations, and of any Annuities or Gratuities relating thereto, and if convicterl on a Charge for fravdidently obtaining Comrnissmiat Sirp- plies shall be liable to be degraded to the Secnnd Class ; and tlie Court may recoinmen ^Cl_ '^' ■•"■■:'..,i'.* lENTS. ■.,i-}: I lived of his( rl-oi — POUI'V ft kilt of (hie II liic'Ci'pon for so long be at such 5sel, and his shall con* f Good-con- I'ations, and ies relating Uicirge for ssarifU Sf'p- aded to the Court may icted ofdis- larged with &c. MI8CEL- Alterations in Articles of Wear. '*«^ « p^^Y Soldier wlio shall pawn, sell, lose by Neglect, make away with, or wilfully spoil his Arms, Accoutrements, or Necpssaries, — or any extra Article of Clothing or Equipment tliat be may have been put in possessioii oCand ordered to wear, oji the Recommeudatiou of the Sur- geon, for the Ijeiieiit of bis Ilaaltli ; or spoil or v'ilfvlifi deface or make away with or pawn his IMedal granted him for Service in the Field," c;c. ),*X: ^11 -- V SECTIOX III. V COURTS-IMARTIAL. '' P0\VET7S 0,^ COURT? -"MART [AL. " A General, District, or Garrison Court-martial may sentence any Soldier to Imprisonment, wit] 1 or without 1 lard i iabour, and may also directed that such O/Fejider shall be kept in Solitar} Conlinemei\t for any Portion or Portions of such Imprison- ment, not exceeding Fourteen Days at a Time nor Eisrbty-four Days in any One YoQp, Petiod of Three hnndred and thirty^ six Days, with Intervals between the Periods of Solitary Confinement of not less iDuTation than snch Periods of Solitary Confinement," &c. ^ ' " and any Non-commissioned Officer $0 placed or reduced to the Ranks by the ^Tz-rr — r Sentence 113 106. p. 48. .an . ••> > *12S. p. CO. *139. p. 65. *! 114 •i 146. p. 70. ^1 18S, p. 95. f* :d, AUeraiiona in Articles of War, Sentence of a Court-martial may, by Order of the same Court, be made to iorfeit any Gratuity, Annuity, and Medal which may have been conferred upon him. The Words Commander in Chief in this Article shall include the Commander in Chief of Our Forces in India, and the Commander in Chief of Our Forces in each of the Pre' sidencies in India" TBIAL OF CIVIL OFFENCES IN THE EAST INDIES WHERE THERE 13 NO CIVIL JUDICATURE. [The Title of this Article is altered thus : — "TRIAL OF CIVIL OFFENCES IN THE EAST INDIES." The Article itself is omitted^ and a Heference made to Section 105. of the Mating/ Act."] SECTION V. ■ I APPLICATION OF THE ARTICLES. " ALL the Provisions of these Articles shall apply to every Person who is or shall be commissioned or in Pay as an Officer, or who is or shall be attested or in Pay as a Non-commissioned Officer or Soldier, and to all Persons employed on the Recruiting Service, receiving Pay in respect of such Service, -a nd t o Ofiic o r s and SoldioPD belonging to Our Indian FoFeeSywMle^ such Offic e rs or G/%1/^if>i«Q ell /1 11 Vtn i n ?>n v Pift "f fVia TTn-ifQ/l OUIUIUIB Dllull JJO 111 all J rxxirv — xfi — bnt? —