regts. from whom an explanation may be required, to account for any difference between a present and former return, or any other matter connected with it. Though the return is not made out by comg. officers, still they are signed by them, and they are presumed to ascertain their being correct before they put their signatures to them. The 2d art. requires that the returns should be exact, and, the least deviation from the actual state of a regt., &c. has been highly censured (2); being calculated to defeat the intention for which they are required. The state, condition and efficiency of every regt. is of very great importance. The returns of regts. of cavalry, in particular, are of the first consequence, as a regt, of cavalry cannot be employed, as such, unless the horses are kept exercised and always in a condition for service.

2. False Return of Arms, Ammunition, Clothing, or other Stores.] A return is transmitted every quarter to the sec. to the mil. board as to the number and condition of the arms, ammn., &c. of every regt., and to supply deficiences, or to replace unserviceable arms, &c. an annual indent is made out, as well as others, at intermediate periods, if necessary. The object of such returns is to check the issues and receipts of arms, &c. furnished to regts. from the magazines, &c. as well as to ascertain the state and condition of the equipments in use with regts. The monthly return to the adj. gen. and that to genl., &c. officers comg. divisions, &c. of the army, contains a statement that the arms and ammn. of the regt. are complete. It is highly important

that

(2) G O. H. G. 13th Nov. 1801. The Com. in chief has received H. M.'s directions in publishing to the army the sentence of the gen. ct.-mar., held for the trial of Capt. R. B., of the 2d (or Queen's) D. G., to animadvert on some circumstances, which the proceedings of this ct.-mar. have brought under his observation.

H. M. is very much surprised to find, that an officer in the command of a regt. of cavalry in his service, has not only tolerated, but absolutely authorized in an officer under his command, a deviation from H. M.'s rules and regns, and a direct breach of an Art. of War of a most binding nature. H. M. does not consider it necessary to make any comment on the tendency of such a proceeding, but to prevent any officer falling hereafter incautiously into the same error, H. M. has commanded it to be thus publicly declared to the army, that H. M. highly disapproves of returns being made under any other description, than that which strictly corresponds with the fact, because it is evident, however pure and free from interested or improper motives the intention may be, of the officer who signs or countenances the return, that if horses are certified to be in quarters, or barracks, during a period in which such horses are in reality at grass, such certificate leaves an opening for fraud and imposition, though none may be practised or in contemplation, defeats the very purpose for which correct returns are enjoined, and subjects the officer who signs the same, to the imputation of having made a false return.

H. R. H. the Com. in chief directs, that the above order shall be inserted in the orderly books of every regt. in the service, that all officers may thereby be apprized of H. M.'s sentiments on these points, and that they may be careful to conform in every respect, most strictly, to the line of conduct which is prescribed by the Arts, of War, and by the rules and regns. for maintenance of the discipline of the army, which are sanctioned by H. M.'s R. authority. By H. R. H.'s command:

(Signed) H. CALVERT, Adj.gen.

that the equipments of regts. should always be in a servicable cordition, as otherwise a corps is inefficient. By the term "other stores" is included the camp equipage, qart, mr.'s stores, &c. of regts. but, the stores more immediately intended by the art., are the stores of every description contained in the magazines at the stations, &c. of the army, from which regts. are supplied, and to ensure the efficient state of the former, the officers of the ordnance commissariat, in charge of magazines within the field command, are directed to make a report to the gen. officer comg. in the field on the 1st & 15th of every month, as to the balance of ordnance, carriage, arms, ammn., &c. remaining in store, with a view to the mil. board receiving early information so as to enable them to supply deficiencies (3), the intention of which is, that they should be in a situation to furnish the troops with every article that may be required, at all times, but, more especially on occasions of their taking the field or being ordered on service unexpectedly. Among "other stores" are included provisions, grain, forage, &c. required either for man or horse, and every article required for the use of the troops, in their barracks, or hospital such as hospital cots, bedding, quilts, wines, &c. and every article furnished by the commissariat department by whom also returns are made. The clothing is furnished partly in one year and partly in the following (4), and a return is yearly made to the secry. to the clothing board, exhibiting the number to whom clothing has been issued, and the balance of coats, &c. remaining in store.

Any thing false or untrue in the information required to be furnished, therefore, by any of the above returns, whether as to the number, quality, deficiencies, balance, or other particulars, or as to dates relative to men enlisted, invalided, discharged, deserted, &c. or as to the cause of their absence, &c. would amount to a false return, as intended by the article in question and if made knowingly must be punished by cashiering. There are columns in all returns to contain the information, required to be furnished, in a particular manner, and the omitting any column in which there is something to be inserted, would, if knowingly done amount to a false return; such as the omitting to return men who have deserted, died, &c. by which the regt. would appear to be complete when it is not; this world clearly deceive those for whose information the return is required. All returns should contain all the columns whether there is or is not information to be inserted in them, as their being in blank enables those who examine them, to ascertain, at once, the different circumstances of any two or more regts. at the same station, and to assign them duty, &c. accordingly.

(3) Henley's Bengal Mil. Regs., p. 414.

3.

(4) There is a very great inconvenience from issuing coats one year and trowsers to the men the following year. As they are each intended to last two years, it would be better to issue both at once, as, at present, one part of the clothing is half worn before the other is issued. Were they both issued together, it would tend to the better appearance of the men, and would save the trouble of transmitting the clothing to regts, every year, besides being attended with many other advantages.

on

3. Charges.] See forms Nos. 39 & 40. Chap. I. That A. B. did at, knowingly make a false return to C. D. of the state of regt. troop, or company, or garrison (as may be) under his command; or, of the arms, ammn., clothing, or other stores thereunto belonging. The same being in breach of the Arts. of War.

4. Evidence.] Nos. 1 & 2 as at Chap. III. sec. ii, art. 1. 3. Prove C. D. to be an officer authorized to call for such return. 4. Prove the return to be false as charged. 5. Prove that it was knowingly made. One witness would be sufficient to prove the transmission of the return, as well as that the return is false.

5. Punishment.] Shall be cashiered.

Penalty of not remitting a monthly Return to the Com. in chief. ART. 2.] The com. officer of every regt., corps, troop, or independent comp., dépôt, or garrison, shall, in the beginning of every month, transmit to the Com.-in-chief (5) of the forces, an exact return of the state of the regt. troop, corps, independent company, dépôt, or garrison, under his command, specifying the names of the officers not then residing at their posts, and the reason for and time of their absence. Whoever shall be convicted of having designedly or through neglect omitted the sending such returns, shall be punished according to the nature of his offence, by the judgment of a genl.-ct.-mar.

1. An exact Return, monthly, of the State of every Regt.Troop, Corps, independent Company, Dépôt, or Garrison, &c.] This art. should have taken precedence of the former, which punishes an officer for making a false return of that which is required to be made by the latter. The object of the art. is to require the sending of exact returns, and to punish those who designedly or through neglect omit to send them. The information which returns are required to contain, is prescribed by forms laid down for the purpose, and an exact return is required; therefore, if there be any omission, as to particulars, numbers, dates, &c. or deviation from the prescribed form, or in any other respect, the return would not be exact, or answer the purpose intended. They must not only show the absence of those not present, but the reason for, and time of their absence. The returns must likewise be sent on the precise day ordered, or a reason for the delay be assigned.

2. Charges.] See form Nos. 39 & 40. Chap. I. That A. B. on—, at, did designedly or through neglect (as the case may be) omit to transmit a monthly return to the C. D. (adj. gen, &c.) as required by the Arts. of War, &c. of the state of the regt. troop, &c. under his command; or, did transmit, &c. a monthly return, &c. which is not exact, in as much as it is deficient, &c. in the following particulars (state the particulars, deficiency, &c.), the same being in breach of the Arts. of War.

(5) They are sent to the adj.gen., and also to maj.gen.'s and other officers comg. divisions of the army, &c.

3. Evidence.] Nos. 1 & 2 as at Chap. III. sec. ii. art. 1. 3. Prove C. D. to be an officer authorized to call for such return. 4. Prove the return not to have been sent as required. 5. Prove that it was designedly or through neglect omitted to be sent, or prove the return sent, not to be an exact return (as the case may be). One witness would be sufficient to prove that the return was not sent as well as that it is not an exact return (if so).

4. Punishment.] By the judgment of a gen. ct.-mar. (See Punishments at the end of Chap. XXIV.)

CHAPTER VII.

SECTION 6.-DESERTION AND ABSENCE WITHOUT LEAVE.

Penalty of Desertion. Enlistment in other Regiments without a Discharge from the former Regiment.

Art. 1.] (1) All officers, non-com. officers, and soldiers in the Co.'s service, who shall be convicted of having deserted the same, shall suffer death, or such other punishment as by a gen. ct.-mar. shall be awarded; and (2) no non-com. officer or soldier who shall desert the said Co.'s service, shall be exempt from such punishment by again (3) enlisting into our service, or the service of the said Co.; but any such non-com. officer or soldier shall, notwithstanding such subsequent enlistment, be reputed a deserter, and suffer accordingly. [A gen. regtl. ct.-mar. in H. M.'s service may try the crime.] (See Warrant, sec. xiv, art. 14.)

1. Description of the Crime.] Desertion, generally speaking, may be said to be a wilful abandonment or departure by any officer, com. or in pay (4), non-com. offier, or soldier, duly enlisted or in pay (5), of or from his station, regt., corps, guard, post, detachment, or party, without leave; and without the intention to return. It is the latter circumstance which constitutes the difference, and which is to be judged of by the particulars of every case falling directly under decision, between desertion and absence without leave. A rule could not well be laid down, which should describe with accuracy, either the length of the unlicensed absence, or the circumstances attending it, which would be conclusive of the offence. Absence, by itself, if continued so long as to exclude the reasonable idea of a meditated return, will, if unexplained, or unexplainable, amount to desertion. A num

(1) Sec. v, art. 1, for Bengal Native Troops. (2) Sec. v, art 2, for Bengal Native Troops.

ber

(3) See M. A., sec. v, 4 Geo. IV., cap. 81, which has the same words as this art. (4) Note 2, Chap. I.

(5) Note 3, Chap. I.

ber of circumstances, also, joined with the shortest possible absence, might be taken to be declarative of the crime, in its full extent; such as, if the absentee should be found on board a ship in the capacity of a sailor, or as a passenger bound to a distant country; or in a coach, having engaged a carriage to a remote spot; or being discovered in a disguise, having entered into a contract incompatible with, or which would necessarily detach him from his duty or attendance as a soldier; or letters or writing be found upon him, shewing a previous purpose to separate himself from his regt., or corps, &c.; or make any preparations, such as packing up his clothes and property, when he is not going on a march, or any duty, or on leave of absence, &c. requiring such preparation; or if he should enlist or offer to engage in a new service, or in any other regt., without being able to shew a regular discharge from his former corps (6). Any one of these circumstances, with the slightest (7) absence from the place in which the party ought to be, without having in his possession a discharge, or certificate of leave of absence, or furlough, would be primâ facie evidence of the crime. On the other hand, if he should not have stripped himself of his regimentals (8), or removed any great distance from his qrs., or have left any articles of value, easily removable, behind him; or be discovered in the pursuit of some accidental temporary objects, though, perhaps, otherwise illicit; a short absence coupled with any of these acts, or others of a similar nature, would not appear to indicate that he intended to sever himself from the service; and more especially if he had made any motion or shewn the least inclination to return (9).

It has been observed, that the animus revertendi, or the mind or intention to return, is the strong feature, or the line of demarcation, between the offence of desertion and absence without leave. And this mind or intention is in all cases to be ascertained from the acts and conduct of the party, and not from the accounts which the accused may choose to give; his motives being known only to himself (10).

2. Desertion in Time of War.] The crime of desertion in time of war, would appear at all times to deserve a sentence of death, for the govt. is deprived of the soldier's service at a time when it is most needed, and when it is most difficult to supply his place. When troops are serving abroad, where their service may be unexpectedly required, their desertion is of very serious importance. In India, in particular, the

(6) M. A., sec vi, 4 Geo. IV., cap. 81. If he had been discharged he would be able to procure another discharge certificate.-(See case 26.)

(7) In the Madras army, "should a soldier's absence exceed three days, he is to be considered to have deserted."-(Madras regns., 11th March, 1816, p. 143, para. 3.) (8) N. C. O. and sepoys in the Bengal army are not allowed to take their regl. coats with them, when on leave of absence. M. C. 26th May, 1790.—(Henley's Bengal Mil. Regns., p. 237.)

(9) Samuel on M. A. and Arts, of War, p. 323.—(See case 24.)

(10) Samuel on M. A. and Arts. of War, p. 324.-(See cases 1, 2, 3, 4, 22, 24, 25, 27, 28, 29.)