the arms, &c. of soldiers, see M. A. sec. lxvii, at No. 2, art. 1, of this sec.; and see No. 7, art. 1, of this sec., as to Neglects. This offence is quite distinct from the casting away arms or ammn.—(See sec. xii, art. 19.)

on

2. Charges.] See Forms, Nos. 39 and 40, Chap. I. That A. B. did at "" sell, or designedly or through neglect spoil or damage his horse, arms, clothes, accouts., or regtl. necessaries, the property of the E. I. Co., delivered out for his use, and to be employed in the service-the same being in breach of the Arts. of War.

3. Evidence.] Nos. 1 and 2, as at Chap. III, sec. ii, art. 1. 3. Prove the horse, &c. to be the Co.'s property, and the delivering out the horse, arms, &c. to be used in the service. 4. Prove the selling of the horse, &c. (if so), or the designedly or through neglect spoiling of, &c. Witness. One witness to prove the same to be the Co.'s property, and the delivering out for use. One witness to prove the selling (if so).

4. Punishment.] Imprisonment or corporal punishment, and such weekly stoppages (not exceeding half the pay and allowances) judged sufficient to make the loss or damage.

N.B. The reduction of a non-com, officer is ordered in the case of the 2d, and would appear to apply to this art. In case of corporal punishment, a non-com officer is always previously reduced. The 18th art. sec. xiv. would warrant the reduction; it is not, however, imperative in the case of this art.

Penalty on Commissioned or Warrant Officers embezzling or misapplying Regimental Money.

pay

any

ART. 4.] If any com. officer shall embezzle or misapply any monies with which he may have been entrusted, for the payment of the soldiers under his command, or for enlisting men into the Co.'s service, or for any regtl. purpose, and shall be thereof convicted by a gen. ct.-mar., he shall be dismissed the Co.'s service, and shall forfeit the arrears due to him upon account of his and allowances, or so much thereof as may be sufficient to make good the deficiency occasioned by such embezzlement or misapplication, and shall also suffer such other penalty or imprisonment as he is liable to by the act for punishing mutiny and desertion of officers and soldiers in the service of the said Co. And if warrant officer shall be convicted of such offence, either by a gen. ct.mar. or by a detachment ct.-mar., to be constituted in the manner hereinafter prescribed for the trial of warrant officers, he shall in like. manner be dismissed the Co.'s service, and forfeit the arrears due to him on account of his pay and allowances, or so much thereof as shall be sufficient to make good the deficiency occasioned by such embezzlement or misapplication, and shall also suffer such other penalty or imprisonment as he is liable to by the said M. A. But in case he shall have been originally enlisted as a private soldier, and shall have continued in the service until his appointment to be an officer by warrant, he shall

T

be liable, at the discretion of such gen. or detachment ct.-mar., to be dismissed the Co.'s service as aforesaid, or to be reduced to serve either in the capacity of a N. C. O. or private soldier, and to be put under stoppages, until the money embezzled or misapplied by him, shall have been made good.

1. Further Declaration and Penalty.] By sec. xliv. of the M. A it is enacted, "that if any officer or pay-master shall unlawfully detain or withhold for the space of one month the pay and allowances of any officer or soldier (clothes and all other just (24) allowances being deducted) after such pay and allowances shall be by him or them received; or if any officer, having received the soldiers' pay and allowances, shall refuse to pay each N. C. O. and soldier his or their respective pay and allowances, when they shall become due and payable (25), according to the several rates established by the regs. of the service, then upon proof thereof before a ct.-mar. as aforesaid, to be for that purpose duly held and summoned, every such pay-master or officer so offending shall be discharged from his employment, and shall forfeit to the informer, upon conviction before the said court, 800 Sa. Rs., (26) and be liable to such further punishment as shall by the ct.-mar. be awarded: provided always, that it shall and may be lawful for the Gov.gen. in Council, or the Gov. in Council, at the said presidencies respectively, to give orders for withholding the pay of any officer, N. C. O. or soldier, for any period during which such officer, N. C. O., or soldier shall be absent without leave" (27).—(See also sec. xli. at art. 1, of this sec., at No. 1. See Embezzlement and Misapplication, Nos. 4 and 5, art. 1 of this sec.)

That A. B on

money,

2. Charges.] See Forms, Nos. 39 and 40, Chap. I. -, at · did embezzle or misapply a sum or sums of the property of or belonging to the E. I. Co., (state the amount) with which he was entrusted for the payment of the soldiers, &c. under his command, or for enlisting men into the Co.'s service (or for any other regl. purpose-as may be-and state the particulars.)

The same being in breach of the Arts. of War.

N. B. With regard to the trial of warrant officers. (See sec. xiv, arts. 13 and 14.)

3. Evidence.] Nos. 1 and 2, as at Chap. III, sec. ii, art. 1. 3. Prove the money to be the property of the E. I. Co., and being for the payment of the men under his command, for enlisting men into the service, or for any other regl. purpose. 4. Prove the receipt of the money

(24) i. e. Those warranted by the regs. of the service, or deducted in virtue of the sentence of a ct.-mar., or award of a mil. Court of Requests; or for the supply of necessaries, or to make good any lost by soldiers, or in the case of soldiers over-staying their leave.

(25) i.e. Issued from the Pay-Office, and received by the regt. By M. C., 22d August, 1796, pay is directed to be disbursed immediately it is received.-(See Henley's Benga 1 Mil. Regs., p. 10.)

(26) Recoverable in the Supreme Court.

(27) Sec. vi, art. 5.

money by A. B. 5. Prove the embezzlement or misapplication of the whole, or part thereof of the money so received. "The usual presumptive evidence of this fact is that the defendant never accounted with his master (or to the proper dept.) for the money, &c. so received by him, or denied his having received it."-(Archbold's Crim. Plea p. 158.)

Witnesses.] One witness to prove the receipt of the sum or sums of money by A. B. One witness to prove the embezzlement or misapplication of the whole or part thereof of the money so received by A.B.

4. Punishment.] In the case of officers-by the art. shall be dismissed the service and forfeit the arrears of pay due on account of pay and allowances, or so much thereof as may be sufficient to make good the deficiency. By sec. xli. M. A. to be transported as a felon for life, or for any certain term of years, or to suffer such punishment of fine, imprisonment, dismissal from the Co.'s service, and incapacity of serving the Co. in any office, civil or mil., as any court shall think fit, according to the nature and degree of the offence; and in addition to make good the loss and damage sustained which shall have been ascertained by the court-the same to be recovered in the Supreme Court. -(See séc. xli, at No. 1, art. 1, of this sec.) In the case of withholding pay for one month, or not paying it when it becomes due. By sec. xliv. M. A. shall be discharged from his employment, and forfeit to the informer, upon conviction before the said court, 800 Sa. Rs., and be liable to such further punishment as shall by the ct.-mar. be awarded. (See No. 1, of this art.)

Warrant Officers.] The same as officers above. But if he originally enlisted as a private soldier, and shall have continued in the service till his appointment to be a warrant officer (sec. xiv, art. 15), may at the discretion of a genl, or detachment ct.-mar., be dismissed the service, or be reduced to serve either in the capacity of a N. C. O. or private soldier, and be put under stoppages until the money embezzled or misapplied be made good. N. B. The art. uses the words "and shall also suffer such other penalty or imprisonment as he is liable to by the act for punishing mutiny and desertion"-i. e. any one of those punishments awarded by the sects. of the M. A. in the case of embezzlement, &c. viz. sects. xli. and xliv. relating to officers. Incapacity and making good the loss or damage are in addition to any of them.

CASE 1.] G. O. C. C., 14th March 1816. Charges. Col. F. R., 1st bat. 3d N. I., placed under arrest on the following charge:

Disobedience of Orders.-1st. " In having, up to the month of Nov. 1815, withheld from the men under his command, the annual half mounting (28), due to them for the years 1813, 1814, 1815.

"In not having paid to the men, drafted from the 1st bat, 3d Nat. Regt., into new corps, the stoppages made from them, on account of

half

(28) Abolished by instructions from Court of Directors, under date 25th Nov. (See G. O. Govt. Ft. William, 6th May, 1824.)

1823.

half mounting; the half mounting then not having been delivered out. "[Scandalous] conduct, unworthy of an officer and a gentleman.

2d. "In embezzling a portion of the money stopped for the regtl. purpose of half mounting, from the men so drafted from the 1st bat., 3d Nat. Regt., into new corps.

"In having, up to the month of Nov. 1815, embezzled the sums of money stopped for the regtl. purpose of half mounting, to the soldiers under his command, for the years 1813, 1814, 1815.

Addl. Charges.] "For scandalous conduct, unworthy of an officer and a gentleman, in having, up to the month of Jan. 1816, embezzled the sums of money stopped from certain men of the 5th, 6th, 7th, and 8th comps. 1st bat. 3d Nat. Regt., for the regtl. purpose of half mounting, for the year 1809; the said men, on the 1st of Jan. 1816, not having received the half mounting for the year 1809, or any sum in lieu thereof."

FINDING-Guilty of the 1st and 2d charges (except of the word in

italics).

With respect to the additional charge, the court, with reference to what has been recorded on their proceedings, are of opinion that they were not warranted by the Ann. M. A., in taking cognizance of the same.

SENTENCE The court adjudge him to be dismissed the service, and further to forfeit the arrears due to him, on account of pay, so far as may be sufficient to make good the deficiency, occasioned by the embezzlement found, amounting to about the sum of 9,500 St. Rs.

Approved and confirmed: (Signed) MOIRA. The essential quality of the proceedings into which Col. R. has suffered himself to be betrayed, is decisively exhibited by the opinion pronounced. The justly measured sentence of the court will be a sufficient indication, that no excuse of accidental interruptions can be admitted for withholding from the soldier that which is due, and that no plea will be admitted which shall endeavour to represent, as a legitimate perquisite, gains drawn by a comg. officer from the men of his bat., to the evident injury of those whom it is his special duty to pro

tect.

Believing that no instance of the sort has before occurred in this service, and certain that the present example prevents the possibility of its happening hereafter, the Com. in chief is glad that he can allow himself to yield to a solicitation which the court has made for lenity, on the ground of Col. R.'s length of service. The Com. in chief, therefore, remits the penalty of dismissal from the service of the H. C., but directs that Col. R. be removed from the command of the bat., until Maj.gen. J. S. Wood shall certify that every just pecuniary claim of the bat,, on Col. R. has been satisfied.

The conduct of the officers comg. comps., and of the adjt., in suffering the irregularities to proceed without interference, calls for remarks. The former, as entrusted with the interests of the men composing their

comps. ;

comps.; the latter, as called upon by his station to advert to every thing which might affect the satisfaction of the soldiers, ought to have applied to Col. R., and, in the event of his not making the due arrange. ments, should have appealed to the Com. in chief.

This order to be particularly read by the adjt. or interp. and quart. mast. of the bats. to every corps on the Bengal estab.

By command: (Signed)

C.J. DOYLE, Mil. Sec. CASE 2.] At a Nat. genl. ct.-mar. at Bareilly, on 7th July 1823, Ameer Khan, rissaldar, second local or Gardner's horse, was arraigned upon the under mentioned charges, viz.

3d "For withholding and applying to his private use from the 14th of April, till late in May, the payment of his detachment for February 1823, instead of immediately disbursing it, on its being received by him from the collector's treasury."

4th. "For withholding from individuals, a portion of their pay, even beyond the time specified in the preceding count." [The other charges were for making stoppages from the men in disobedience of orders, and other misconduct.]

FINDING-Guilty. SENTENCE-To be dismissed the service. Approved and confirmed: (Signed) E. PAGET, Genl. Com. in chief in India.

The Penalty if a Non-com. Officer Embezzle, &c. the Pay of the Men under his Command, or the Enlisting Money intrusted to him. ART. 5.] Every non-com. officer who shall be convicted at a genl. or régl. et.-mar., of having embezzled or misapplied any money with which he may have been entrusted, for the payment of the men under his command, or for enlisting men into the service, or for any regtl. purpose, shall be reduced to serve in the ranks as a private soldier, be put under stoppages until the money be made good, and suffer imprisonment or such other corporal punishment as the ct.-mar. shall think fit.

1. Explanation.] By sec. xlii. of the M. A. it is further enacted, "that every N. C. O. who shall be convicted at a genl. or regl. ct.mar. of having embezzled or misapplied any money with which he may have been entrusted for the payment of the men under his command, shall be reduced to serve in the ranks as a private soldier, and be put under stoppages until the money be made good, and suffer such corporal punishment (not extending to life or limb) as the ct.-mar. shall think fit." The variance between this sec. and the above art. consists, in omitting, in the former, the words "or for enlisting men into the service," and the word "imprisonment." They are retained in sec. cxxx. of the Ann. M. A. 1824. The omission in sec. xlii. M. A. 4 Geo. IV, cap. 81, must have been owing to the circumstances of European soldiers being enlisted in England. Such N. C. O. may be tried in England by virtue of the 50th Geo. III. (See sec. xciiì, Ann. M. A. 1824.) Imprisonment is however awardable by the art.

2. Charges.] See art. 4.

3. Evidence.] See art. 4.