Jurisdiction of

IV. Soldiers having wives or children, to

examined as to their settlement.

V. Musters.

VI. Providing carriages for the use of t forces.

VII. Deserting.

VIII. How maintained after their discharge.

IX. Privileged to set up trades.

X. Pensions, allowances, and relief to s diers.

For the manner of billeting soldiers and paying their quarters, see title ALE HOUSES.

1. Articles of war and courts martial.

It shall be lawful for his majesty to form articles of for the better government of his forces: and to erect o martial to try, hear, and determine any offences by such cles of war, and inflict penalties by sentence of the same; vided no person be adjudged to suffer any punishment exte to life or limb by the articles of war, for any crime no pressed to be so punishable by the act. Annual Mutin 3. 29, 30, 31.

If any commissioned officer, or person listed or in pa courts martial, non-commissioned officer or soldier, shall excite or join mutiny, or sedition in either the land or marine forces, not use his endeavours to suppress the same,-or co the knowledge of any mutiny, or intended mutiny, without delay give information thereof to his com officer-or shall misbehave himself before the enemyshamefully abandon or deliver up any garrison, fortres or guard, committed to his charge, or which he shall manded to defend-or shall compel the governor or ing officer to deliver up to the enemy, or to abandon the shall speak words or use any other means to induce suc

By the annual act for regulating the MARINE FORCES shore, the lord high admiral, or three commissioners of the are to form articles of war, and grant commissions for hold martial.

nor or commanding officer, or others, to misbehave before the enemy, or abandon the same-or shall leave his post before re lieved-or shall be found sleeping on his post-or shall hold correspondence with, or give advice to any rebel or enemy, either by letters, messages, signs, or tokens--or shall treat with such rebel or enemy without his majesty's licence, or the licence of the general or chief commander-or shall strike or use any violence against his superior officer in the execution of his office; or shall disobey any lawful command of his superior officer-or shall desert his majesty's service; all persons so offending, whether such offence shall be committed within this realm, or in any other of his majesty's dominions, or in foreign parts, upon land or upon the sea, shall suffer death or such other punishment as by a court-martial shall be awarded. s. 1.

And if any person listed or in pay as a soldier in any regi ment, shall desert or commit any offence against this act, or the articles of war, such person shall be liable to be tried by a court-martial, and punished in like manner as if he had origi nally inlisted in, and of right belonged to the same, notwithstanding it shall have been discovered or known that he had previously belonged to some other regiment. But if such person shall be claimed by such other regiment, and be proceeded against as a deserter therefrom, his subsequent descrtion from any one or more corps in which he may have unwarrantably inlisted, may (unless he shall already have been tried for the same) be given in evidence as an aggravation of his crime; previous notice being always given to such deserter of the facts intended to be produced in evidence upon his trial. s. 3.

And in the case of any non-commissioned officer or soldier Deserter may tried and convicted of desertion, whensoever the court-martial, be transported; which shall pass sentence upon such trial, shall not think the offence deserving of capital punishment, such court-martial may, instead of awarding a corporal punishment, adjudge the offender, according to the nature of the offence, if they think fit, to be transported as a felon for life, or for a certain term of years; and also, if such court shall think fit, to be at the expiration of such term of years at the disposal of his majesty for service as a soldier in any of his majesty's forces at home or abroad, for life or otherwise, as his majesty shall think fit, and as such soldier to be subject to any law or articles of war for the punishment of mutiny and desertion: and if he afterwards and returning (without leave from his majesty, or from the governor or com- before expiramanding officer of the place), return into or be found at large, tion of the term within any part of the united kingdom, before the expiration limited, he shall of the term, and be convicted thereof in the ordinary course of law, such person shall be guilty of felony, without benefit of clergy. s.4.

* Non-commissioned officers and soldiers inlisting in any other regi ment, &c. to be deemed deserters. 8. 2.

suffer death.

His majesty, And in all cases wherein a capital punishment shall have been where courts awarded by a court-martial, it shall be lawful for his majesty, to martial award a order the offender to be transported as a felon for life, or for a capital punishment, may or- term of years; and if he shall afterwards return or be found at der offenders to large, before the expiration of the term, and shall be duly be transported. convicted thereof, he shall suffer death as a felon without beuefit of clergy. s. 5.

ers for a second offence.

A mark to be And it shall be lawful for any court-martial, before whom affixed on the any offender who shall have been tried for desertion, and conbody of deserts victed thereof, shall be again tried and convicted of desertion, to direct, if it think fit, in addition to any other punishment that such deserter be marked on the left side, two inches below the arm-pit, with the letter (D.) such letter not be less than half an inch long, and to be marked upon the skin with some ink or gunpowder, or other preparation, so as to be visible, and not obliterated. s. 6.

General courts

serters to serve

Which sentence of transportation, shall be notified by the commander in chief or the adjutant general to any jus tice of the King's bench, or of the common pleas or exchequer, who shall make an order for the transportation of such offen. ders in manner directed by 24 Geo. 3, c. 56*. which notifica. tion, &c. shall be filed in the office of the clerk of the crown ; who shall, on application, deliver a certificate of the conviction of any such offender, which shall be sufficient proof of the conviction, and offenders under sentence of death obtaining his majesty's conditional pardon, shall be subject to the law touching, the escape of felons, &c. s. 7, 8, 9, 10.

And it shall be lawful for any general court-martial to sen martial may tence any non-commissioned officer or soldier, convicted of de sentence de- sertion, to service for life as a soldier, or for any term of for life, and to years, and in such country, or place or abroad, or otherwise, a forfeiture of and in such regiment as his majesty shall direct, beyond the increase of pay, period for which he shall have enlisted, and to a forfeiture of or pension,

all or any part of the benefit as to increase of pay, or as to pension or discharge which might otherwise have accrued from the length or nature of his servcie. s. 18.

But no general court-martial, consisting of less number than thirteen commissioned officers, unless holden in Africa or Neb South Wales, shall sentence any non-commissioned officer or soldier to loss of life or limb, or transportation. s. 19.

General courts- Also such courts, martial may inflict corporal punishent not martial may in- extending to life or limb on any soldier for immoralities, mis-flict corporal behaviour or neglect of duty. punishment for immoralities,

s. 20.

And if any officer or soldier beyond the seas commit any offence triable by courts martial, and be brought into this realm, he may be tried and punished for the same as if the of fence had been committed here.

s. 32.

See this act under title FELONY, article Transportation.

But no person shall be punished for any offence against the Limitation of articles of war or mutiny acts, committed more than three prosecution. years before the issuing of the commission for trial, unless the person accused, by absence or other impediment, shall not have been amenable to justice within that period; in which case he shall be tried within two years after the impediment removed. s. 115.

Also no one shall be tried a second time for the same offence, Offenders not except in case of appeal from a regimental to a general court to be tried martial; and no sentence given by any court-martial, and twice for same signed by the president, shall be liable to be revised more than offence.

once. s. 12.

́Also this act is not to exempt soldiers from being proceeded Soldiers may against according to law. s. 13. be punished But no person acquitted or convicted of any capital crime civilly, by the civil magistrate, shall be liable to be punished and in that case by a court-martial for the same, otherwise than by cashiering. by court mar

s. 15.

not to be tried

tial.

to the civil ma

gistrate.

And if any officer, non-commission officer or soldier be ac- Officers and cused of any capital crime, or of any violence or offence against soldiers guilty the person or property of any subject punishable by the known of crimes, to be laws of the land: the commanding officer of every regiment, delivered over troop, company, or party, is required to use his utmost endea vours to deliver over such accused person to the civil magistrate; and shall also be assisting to the officers of justice in the apprehending such offender: and if such commanding officer shall wilfully neglect, upon application, to deliver over any such accused person to the civil magistrate, or to be assisting to the officers of justice in apprehending such offender, such officer being thereof convicted upon any information or indictment in any of the courts at Westminster, he shall be ipso facto cashiered, and disabled to hold any civil or military office in his majesty's service; and a certificate thereof shall be transmitted to the judge advocate, who is to certify the same to the next court martial. s. 14.

And no officer or soldier convicted in the ordinary course of law of any criminal offence, shall while under confinement. No pay from be entitled to any part of his pay from the day of conviction; conviction. nor until the day of his return to the regiment. s. 16.

the time of

His majesty may, from time to time, grant a commission The king may under the royal sign manual, for the holding of general grant a comcourts-martial. And all general courts-martial held under mission for the authority of this act, shall consist of thirteen or nine comholding courtsmartial, to conmission officers, except in Africa, or New South Wales, in sist of 13 or 9 which such courts-martial may consist of not less than five; commission of whom none shall be under the degree of a commission officers except officer; nor shall the president be the commander in chief, in Africa, or in nor governor of the garrison, nor under the degree of a field New South Wales, officer unless where a field officer cannot be had; nor in any case whatsoever under the degree of a captain. s. 11..17. And all general and other courts-martial shall have power

nesses:

Courts-martial to administer an oath to witnesses. And in all trials by general may administer courts-martial, every member shall take certain oaths, before oath to witthe judge advocate or his deputy. And so soon as the said oaths shall have been administered to the members, the president of the court is to administer to the judge-advocate, or person officiating as such, an oath not to discover the vote or opinion of any particular member, unless required to give ' evidence thereof, as a witness, by a court of justice or a court-martial.' s. 21, 22.

In sentences of death, what

number of offieers shall concur, &c.

Hours of trial.

Witnesses at

martial to be' privileged

And no sentence of death shall be given against any offender by any general court-martial, unless nine officers present shall concur therein; (except in Africa or New South Wales); and in all cases where a court-martial shall consist of more officers than thirteen, and also in Africa and in New South Wales, when the same shall consist of a lesser number, then the judgment shall pass by the concurrence of two thirds; and no proceeding shall be had upon any offence, but between the hours of eight in the morning and three in the afternoon, except in cases which require an immediate example. s. 22.

Also, all witnesses duly summoned, shall, during their at tending courts- tendance, and in going and returning be privileged from ar. rest, and if arrested, shall be discharged by the court out of which the process issued, or if the court be not sitting, then by any judge of the court, upon an affidavit in a summary way. S. 22.

trom arrest.

Witnesses not

And all witnesses so summoned who shall not attend, shall attending liable be liable to be attached in the court of king's bench, in like to be attached. manner as if such witness had neglected to attend on a trial in any criminal proceeding in that court. s. 22.

Proceedings in

Also, in all trials by any courts-martial, other than general trials bycourts-courts-martial, every member before any proceeding thereupon

shall take certain oaths.

martial other than general courts-martial. And the president (not being under the rank of a captain) Appointmentor shall be appointed by the commanding officer of the regiment, president. or the governor or commander of the garrison. 8. 23.

The party tried

entitled to a copy of the

sentence and proceedings of

the courts-marSal

And as often as shall be necessary, officers of the land and marine forces may sit in conjunction upon courts-martial; taking rank according to the seniority of their commissions. $. 24.

Also officers of the king's forces and officers in the East India company's service, may sit in conjunction at courts-martial,&c. with this distinction,that, upon the trial of any officer or soldier of his majesty's forces, regard shall be had to the regu lations of this act; and upon the trial of any officer or soldier in the service of the company, regard shall be had to the regulations and provisions made by or in pursuance of an act of 27 Geo. 2. s. 25.

But the party tried by any general court martial within Europe (except in Gibraltar), shall be entitled to a copy of the sentence and proceedings, upon demand (paying reasonably for the same), at any time not soouer than three months after

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