XV.-Protection to Officers and Soldiers for any Act, Matter, or

Thing, to be acted or done under the Authority of the Act.

And be it further enacted (sec. lxv.), That if any action (51), bill(52), plaint (53), or suit (54), shall be brought against any person or persons, for any act, matter, or thing, to be acted or done in pursuance of this act, it shall and may be lawful to and for all and every person or persons sued as aforesaid, to plead thereto the general issue (55), that he or they are not guilty, and to give this act and the special matter in evidence on any trial to be held thereupon; and that the same was done in pursuance and by authority of this act, and if it shall appear so to have been done(56), the jury shall find for the deft.

or

have, and shall, during the continuance of the term (49) hereby granted to the Co. be deemed and taken to have, full power and authority to make all such laws and regulations and arts. of war, as they may think fit, for the order and discipline of all officers and soldiers, natives of the East-Indies, or other places within the limits of the charter, in their respective services, and for the administration of justice by cts.mar. to be holden on such native officers and soldiers, and for the constitution and manner of proceeding of such cts. mar., and for all other purposes relating to or in any manner concerning such native officers and soldiers, in as full and ample a manner as the said govts, respectively may make any other laws and regulations for the govt. of the natives of the several territories subject to the said presidencies respectively: Provided always, That all laws, regulations, and arts. of war, hereafter to be made respecting any of the matters aforesaid, whereby the rights, persons, or property of any such native officers or soldiers may be affected, shall be made and promulgated (50) in every respect in the same manner as other regulations affecting the rights, persons, or property of natives, or other individuals amenable to the provincial courts of the presidency of Ft.-Wm. in Bengal, are directed to be made by virtue of an act passed in the 37 Geo. III., entitled, An Act for the better Administration of Justice at Calcutta, Madras, and Bombay.

(49) Terminates on 10th April 1834.

(50) "Shall be registered in the judicial department, and formed into a regular code, and printed, with translations, in the country languages, and that the grounds of each regulation shall be prefixed to it; and all the provincial courts of judicature shall be, and they are hereby directed to be, bound by, and to regulate their decisions by, such rules and ordinances as shall be contained in the said regulations."(37 Geo. III. cap. 142, sec. 8. See more on this subject, at art. 4, sec. 21, of the Art. of War.)

(51) "There are three sorts of damages or wrongs, either of which is sufficient foundation for an action: 1. Where a man suffers damages in his fame and credit. 2. Where one has damage to his person, as by battery, imprisonment, &c., which respects his liberty. 3. Where a person suffers any damage in his property."

(52) "A declaration in writing, expressing either the wrong the complainant has suffered by the party complained of, or else some fault committed against some law or statute of the realm."-Jacob's Law Dic.

(53) "The exhibiting any action in writing.”—Do.

(54) "The same as an action."-Do. To recover damages in money for an injury sustained.

(55) Not guilty-thus putting the other party to their proof.

(56) "It must not only be an act done under the authority of the act, but according to the spirit, and not simply as to the letter of the act. For instance, it is declared, that no arrest or imprisonment (21st art. of the 14th sec. of the Arts. of War) shall

continue

or defts.; and if the verdict shall pass with the said deft, or defts. in any such action, or the pltff. or pltffs. therein become nonsuited, or suffer any discontinuance thereof, that in every such case the justice or justices, or such other judge before whom the said matter shall be tried, shall by force and virtue of this act allow unto the deft. or defts. his or their treble costs (57), which he or they shall have sustained by reason of their wrongful vexation in defence of the said action or suit, for which the said deft. or defts. shall have the like remedy as in other cases where the costs by the laws of the realm are given to defts. (58).-(Ann. M. A. 1824, sec. 148).

XVI.-Crimes and Offences not cognizable if committed more than three Years before Order for Court-Martial, except in cases of manifest Impediment, or a Report has been made to the Court of Directors, when they may be tried within five Years.

Provided always (sec. lxxi.), That no person shall be liable to be tried and punished for any offence against the said act of the 27 Geo. II, or this act, or the arts. of war made or to be made by virtue of the same acts, or either of them, which shall appear to have been committed more than three years before the issuing of the commission or warrant (61), for such trial; unless the person accused, by

reason

continue longer than eight days, or until such time as a ct.-mar. can be conveniently assembled." Now, the convenience here contemplated is the public, and not the convenience of a private individual, therefore undue severity would in such a case be an act for which the party complaining would recover damages. (See art. 21, sec. 14 Arts. of War.)

(57) Costs mean the expenses of the suit. Treble costs 1. The common costs-2. Half of those-3. Half of the latter. by the proper officer of the court.

are reckoned thus: Costs may be taxed

(58) "And be it further enacted (sec. 66, Ann. M. A. 1824, sec. 149), That every bill, plaint, action, or suit against any person or persons, for any act, matter, or thing to be acted or done in pursuance of this act, or against any member or minister (59) of a ct. mar., in respect of any sentence of such court, or of any thing done by virtue or in pursuance of such sentence, shall be brought into the court of record (60) at the presidency under which such person is serving, or in the courts of record at Westminster, and in no other court whatsoever."

(59) Judge-Advocate, &c.

(60) Supreme courts at Calcutta, Madras, and Bombay, &c.

(61) Or date of the charges. There is no warrant issued in India, except that for the president of the gen. ct.-mar. In England, the warrant above alluded to usually contains the charges and appoints the president. In the case of Lt.-Col. Johnston, 102d regt., the acts alleged against him, were charged to have been committed on the 26th Jan. 1808, and the warrant was dated the 3d April, 1811. The court assembled on the 7th May, 1811. It was in that case shewn that the trial could not have taken place before. The charges being signed and delivered to the prisoner, within three years, gives him all the advantage intended by the act, viz. to prevent his suffering by the death of witnesses, &c.; but it may be impossible to assemble a ct.-mar. immediately, and of course the prisoner would not be allowed to suffer by any unnecessary delay. If he keeps himself away from justice, he must

suffer

reason of his having absented himself, or of some other manifest impediment, (62) shall not have been amenable to justice within that period, in which case such person shall be liable to be tried under such commission or warrant, to be issued at any time not exceeding two years after the impediment shall have ceased; (63) or unless the conduct of the person accused shall have been submitted to the consideration of the Court of Directors, by the Gov. gen. or Gov. in council of the presidency to which such person shall belong, in which case such person shall be liable to be tried under such commission or warrant, to be issued at any time not exceeding five years after his offence shall have been committed.—(Ann. M. A. 1824, sec. 157.) XVII.-Regulations and Orders, though not provided for by former Acts, to be in Force till this Act be published.

And be it further (sec. lxxii.) enacted and declared, That all regulations and orders made respecting the administration of justice by cts. mar., or in any manner respecting the government, economy, or discipline of officers or soldiers and followers of the army, of the said United Co., although not expressly provided for in the said act, passed in the 27th Geo. II., cap. 9, and acted upon by the govts. or mil. authorities at the several presidencies of Ft. Wm., Ft. St. Geo., and Bombay, are and shall be to all intents or purposes valid, and shall continue valid until this act shall be published and in force (64); and all acts or proceedings done or had under such orders or regulations are hereby ratified and confirmed.

XVIII.

suffer the inconvenience which may afterwards ensue; for no one is allowed to take advantage of his own wrong.

(62) Preventing witnesses appearing against him, or the like.

(63) Though more than five years may have elapsed since the crime was committed. (64) The late Sir S. Toller, Knt., Adv.-gen. at Madras, gave it as his opinion that the sentence of suspension from rank and pay, in the case of Lieut. H., H. M.'s 34th regt., was invalid, in consequence of the arts. of war, for the year 1815, having been received by the com.-in-chief, pending the trial, "by which the power of suspension is abolished.”—(G.O.C.C., 2nd June, 1816). This would make the receipt of the act the publication thereof. The present act (4 Geo. IV., cap 81) is directed by the M. A., sec. 74, to commence and take effect from and after the 1st Feb. 1824, i. e. if received and published. The Ann. M. A. is directed to take effect at different periods at different places, according to their distance from England. If, therefore, a new M. A., &c. reaches its destination before the time from which it is directed to take effect, it would not be in force from the simple act of publication. But the publication may take place, and the act be in force, at Madras, for instance, before it should arrive in Bengal, if the time had commenced from which it was directed to take effect. (See art. 7, sec. 14.) But if the act terminates on a given day, and the new act (annually passed) be not received, no officer or soldier, &c. could be tried for an offence committed in the mean time. This had nearly taken place with regard to the act for 1824. It was only signed on the afternoon of the 23d March, and was directed to be in force from the 24th March, 1824, within Great Britain. The act for 1823 was in force until the 25th March, 1824. The words, from the 25th Nov. 1825 to 25th Nov. 1826, exclude the first, but include

the

XVIII.-Seamen employed in the Navy in the East-Indies or St. Helena, and non-commissioned Officers and Privates serving there, either in his Majesty's Forces or in the East-India Company's Service, may receive single Letters free from Postage, except the Payment of one Penny for each Letter, in putting it into the Post-Office; and may send Letters, the Party receiving them paying two Pence for Sea Postage, and one Penny for Inland Postage.

Be it therefore enacted (sec. lxxiii), That from and after the passing of this act (65), it shall and may be lawful to and for every seaman employed in H. M.'s navy within any part of the East-Indies, or at the island of St. Helena, and to and for every serjt., corpl., drummer, trumpeter, fifer, and private soldier, in H. M.'s regular forces, militia, fencible regts., artillery, or royal marines, whilst actually employed in H. M.'s service in the East-Indies, or at the island of St. Helena, and also to and for every serjt. corpl., drummer, trumpeter, fifer, and private soldier in the service of the said Co., whilst actually employed in the service of the said Co., and not otherwise, to receive single letters (66) by the post, on his own private concerns only, free from all postage, except the sum of one penny for each single letter, to be paid upon putting the same into any post-office in Great Britain or Ireland, provided that the several regulations and restrictions contained in the herein-before recited act, shall have been complied with; and likewise to send by the post, on his own private concerns alone, single letters, upon payment, by the party receiving the same, of the sum of two pence for the sea postage of each such letter, and of the aforesaid further sum of one penny for the inland postage of each such letter, making in the whole the sum of three pence for each such letter; provided that if any such letter shall be delivered into one of H. M.'s postoffices in Great Britain or Ireland, free of all expence to H. M. or the revenue of the post-office (67), such letter shall be chargeable with the inland postage of one penny as aforesaid, and to no other charge; provided also, that the several regulations and restrictions contained in the said herein-before recited act shall have been complied with.

XIX.

the last day. The Mutiny Act, &c. for 1824 (passed 23d March) is directed to have effect “in all other places" (in which India is included, not being named before), from the 25th Nov. 1825 to 25th Nov. 1826. The act (ann.) for 1823 will be in force from the 25th Nov. 1824 to the 25th Nov. 1825, though the act for 1824 would in all probability arrive in India before that for 1823 would take effect. (65) i. e. From the 18th July, 1823.-See M. A. sec. i. and lxxiv. (66) ie., Letters written on a single sheet of paper of any size. The 6 Geo. I. c. 21, sec. 51, directs, that "whereas bills of exchange are frequently sent wrote on one and the same piece of paper with a letter, and also several letters to several and distinct persons are sent wrote upon one and the same piece of paper-it is the intent and meaning of the said act (9 Anne, c. 10), that every such bill and every such letter should be rated, taxed, and paid for as so many several and distinct letters." (67) If brought by the H. E. I. Co.'s ships and the packets to be delivered at the E. L. House; which arrangement will, I hear, be made,

XIX.-Commencement of the Act (68).

And be it further enacted (sec. lxxiv), That this act shall commence and take effect from and after the 1st day of February 1824, except where any other commencement is particularly directed (69); and that from and after such day, all powers and provisions contained in the said act of the 27th Geo. II. shall cease and determine, and that the said act shall be and is hereby repealed, except so far as is hereinbefore provided in that behalf (70); and the whole of the said act of the 1st Geo. III. shall be and is hereby repealed (71).

1.-The Mode of Proceeding, in the first Instance, when a Complaint is made.

(The assembly of a Field Drum Head or Court-martial, in certain cases, will be noticed at art. 7, sec. xiv, Art. of War.)

If an officer has any complaint to make against an officer, non-com. officer, soldier, &c. (72), he should state the same by letter addressed through the adj. to the comg. officer of the regt. to which the party complained against belongs, whose duty it would be to inquire into the same, and, accordingly to direct the attendance of both parties at his qrs., with a view to settle the complaint (73), or if it be any matter relative to discipline, reprehending the conduct of the party complained against, or of both as the case may, in his judgment, appear to require. If it should become necessary to do so, the comg. officer would direct the party complained against to be put in arrest or confinement, as provided for by the 20th art. of the 14th sec. Arts. of War, and imme

diately

(68) The 33d sec. authorises the king to form, make, and establish arts. of war from time to time, and to vary, alter, and amend the same from time to time. The same to be judicially taken notice of by all judges, and in all courts whatsoever. The 34th sec. directs copies to be transmitted, by the Sec. at War, to the several judges of H. M.'s superior courts at Westminster, Dublin, Edinburgh, and in India, respectively, and also to the govs. of H. M.'s colonies, plantations, and territories within the limits of the Co.'s charter.

(69) As in sec. 73, regarding the transmission of letters free of postage, &c., which takes effect from 18th July 1823.

(70) Sec. 71, declaring offences against former Mutiny Acts punishable by the said former act, and if trial be commenced, not to be discontinued by the repeal of the said act. And sec. 72, directing regulations and orders, though not provided for by former acts, to be in force till this act be published.

(71) An act to extend the provisions of 27 Geo. II.-See sec. 1.

(72) If an officer thinks himself wronged by his comg. officer, he is to make application to his comg. officer, in the first instance-see sec. 10, art. 1. If any non-com. officer or soldier thinks himself wronged by his captain, he is to complain thereof to the comg. officer of his regt. See sec. 10, art. 2. These complaints should be made through the party complained against, in the first instance. The comg. officer is to place the officer in arrest, or soldier in confinement, if the crime committed be deserving of punishment. See sec, 14, art. 20. See also note 74.

(73) But if the party feels himself aggrieved, he may request his com. officer to forward his complaint to the officer comg. the station, &c. See Adj.-gen.'s letter, 1st June 1814, sec. 10, art. 1.