4. Punishment.] Reduced to 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. It is not stated whether the stoppages are to be weekly or not, as in the case of the 3d article of this sec. In that case it is declared, that the N. C. O. or soldier is to undergo such weekly stoppages (not exceeding the half of his pay and allowances). In this case it would appear to be right, having ascertained the amount embezzled, &c., to direct the N. C.O. "to be put under stoppages until the money be made good," leaving the Com. in chief or comg. officer (according as it may be, a genl, or regl. court) to direct the proportion of the pay, &c. to be stopped.

The Captain to be accountable for the Arms, &c. of his Company.

ART. 6.] Every capt. or comg officer of a troop or co., is charged with the arms, accoutrements, ammn., clothing, or other warlike stores, belonging te the troop or co. under his command, for which he is to be accountable in case of their being lost, spoiled, or damaged, not by unavoidable accident or on actual service.

1. Explanation.] "Capts. or comg. officers of troops or companies, are to repair the arms and accoutrements of their respective troops or co.'s (on the established allowance), and comg. officers of corps are to be answerable that they are kept in proper and serviceable order; and that an establishment of artificers, sufficient for that purpose, is kept up in the corps jointly by the comdts. of co.'s." M. C. 20th June, 1796. (Henley's Bengal Mil. Regs., p. 449.) The repairs above alluded to, do not extend to such repairs as can only be properly done in a magazine-such as stocking a musket, &c. If a N. C. O. or soldier loses, or designedly or through neglect spoils, or damages, &c. his arms, &c. &c., he is to be put under weekly stoppages, besides being punished as directed by the 2d and 3d articles of this sec. When, therefore, a capt, or comg. officer of a co. becomes acquainted with any of the above circumstances, and does not take the proper notice of the same; or that from want of care, arms, &c. are placed in situations where they may be spoiled or damaged, he would, in such cases, be accountable -be required to make good such loss or damage, occasioned by any neglect on his part, or in suffering to pass unnoticed the neglects of those under his command; having the use of arms, &c. which are the property of the E. I. Co. It appears, also, to be the intention of the article, to extend the responsibility to cases even 66 on actual service," where by any neglect arms, &c. may be lost, spoiled, or damaged— for troops are said to be on actual service when in the pursuit, &c. of an enemy when, of course, care is to be taken of the arms, &c. The non-responsibility would, therefore, only apply to the case of an action, or actual fighting, when attention cannot be paid to any other circumstance. The words warlike stores are synonymous with mil. stores, including all such stores which are the property of the E. I. Co. belonging to a co., &c. whether in use or not.

СНАР.

CHAPTER XIII.

SECTION 12 (1).-OF DUTIES IN QUARTERS, IN GARRISON, OR IN THE FIELD.

Officers and Soldiers are to be orderly in their Quarters and on their March. Penalty of Spoiling Property.

ART.1.] (2) Allofficers, non-com. officers, and soldiers, are to behave themselves orderly in quarters and on their march, and whoever shall commit any waste or spoil either in walks of trees, parks, warrens, fishponds, houses, or gardens, corn-fields, enclosures or meadows, or shall maliciously destroy any property whatsoever belonging to any of our subjects or other persons entitled to our protection, or to the protection of the E. I. Co., he or they that shall be found guilty of offending herein, shall (besides such penalties as they are liable to by law) be punished according to the nature and degree of the offence, by the judgment of a gen. or regtl. ct.-mar.

1. Behave orderly in Quarters and on their March.] "It is, at all times, most desirable, that an army whilst marching through a foreign territory, and much more through its own country, or that of any ally, should conciliate the people by its peaceable demeanor, and render the progress through it as little inconvenient or prejudicial to the inhabitants as possible. The same is also to be required of its conduct during its temporary sojournment in quarters, garrison, or cantonment (3)." In respect to the destruction of general property, there is an exception in favour of those who may destroy it by the order of the Com. in chief of H. M.'s forces, "to annoy rebels, or other enemies in arms against the king (4), i. e. during the period of civil or public war" (5). The intention of the article is to prevent the malicious destruction of any property whatsoever belonging to any of H. M.'s or the E. I. Co.'s subjects, or of those entitled to their protection (6). But, when troops are on service, whether in the territories of any ally or those of the Co.'s, circumstances may arise to occasion an injury to be done to cultivated fields—such as the encamping upon them and the like, and, in extreme cases, to destroy them, for which the necessity of the case will be a sufficient plea; and in either of such cases, the injury is repaired by payment of a sum of money, or a deduction from the fixed or assessed revenue, in

(1) Ann. Arts. of War, 14th.

(2) Sec. xi, art. 16, Arts. of War, for Bengal Native Troops.

(3) Samuel on the Arts, of War, p. 539.

(4) Ann. Arts of War, sec. xiv, art. 1.

(5) Samuel on the Arts. of War, p. 541. (6) See notes 9 and 10, sec. ix, art. 1.

cases

cases occurring in the Co.'s dominions (7). To prevent as much as possible any injury being done beyond the necessity of the case, sentries are always directed to be stationed so as to guard preserves or cultivated grounds, &c., from depredations, which otherwise would be committed by the followers of the camp.

G. O. C. C. 7th August, 1818. The Com. in chief is pleased to publish to the army, the following copy of Divn. O. recently issued to the troops in Rajpootana.

The Com. in chief desires it may be considered a paramount duty in every officer, to see that the rules of mil. discipline and good order, are upheld and respected by the native soldiery employed in detached situations, as well as at the head-qrs. of corps.

The orders of govt. have repeatedly enjoined, on the part of the mil., forbearance from all interference with the pursuits of the inhabitants of the country, by forcibly requiring their service as begarees and coolies; pointing out the mode to be adopted in applying for aid from the proper authorities. These orders and regs. are calcu→ lated for all situations, whether within the territories of the Hon. Co., or of states in alliance with the British govt., and the most precise orders should be given to native officers, proceeding in command of detached parties, to restrain their men from committing excesses, or violating the public peace, by any interference with the local authorities.

H. E. fully approves of the measures adopted by Maj.-gen. Sir D. Ochterlony, Bart. G. C. B., &c., in regard to Havildar Gunga Misser, of the 1st battn. 27th N. I. against whom petty, vexatious oppressions of the inhabitants have been substantiated; and his Lord ship is further pleased to direct, that the said Havildar shall be paid up his arrears and dismissed the service of the Hon. Co. from the 11th of July, 1818, the date of his suspension by Sir D. Ochterlony.

The present order, and the decision on the case of Gunga Misser, is to be translated by the interpreters of corps, and read at the head of each troop or company with the Arts. of War once in every month (8). Divn. O. by Maj.-Gen. D. Ochterlony, Bt. G. C. B., comg. in Rajpootana.

Hd. Qrs., Camp, Jeypoor, 18th July, 1818. The Maj.-gen., having had repeated representations of the oppressive conduct of small parties on their march, of acts of plunder and of taking different articles at one-fourth of their value, and other complaints all equally disgraceful to the character of the British army, directs the comg. officer of the smallest

(7) In the last war, 1817-18, the collectors of districts accompanied the centre division of the grand army, and adjusted the deductions to be made, which was ascertained by a statement delivered to them, by the qr.-mr.-gen.'s dept., as to the extent of ground injured or destroyed, by the encampment. A similar deduction is made in the case of corps marching through the Co.'s provinces, the comg. officer certifying

as above.

(8) G. O. C. C., 21st Dec., 1796, direct the Arts. of War to be read every month

after muster.

smallest party shall, in all cases, apply to the officers of govt. on the spot, as he is promised that every assistance shall be given at a fair price. The seizure or even demand for begarees is positively prohibited (9), and he notifies to the corps under his command, that the police officers of the Jeypore state have received his instructions, to restrain and send to him, any native N. C. O, whose party is guilty of plunder or other misconduct.

Havildar Gunga Misser, 1st gren. co. 1st battn. 27th regt. having been guilty of great oppression and misconduct, in the seizure of villagers and begarees, for the conveyance of the baggage' of a small escort, returning from Muttra to Ajmere, is suspended the service, until the pleasure of the Most Noble the Com. in chief is known.

In reporting the suspension, the Maj.-gen. will do him the justice. to mention to H. E. the favourable accounts he has received of his general character, which, however, cannot have any weight with him in the present instance, as his object is to shew the necessity of the same correct discipline, when on detached duties as when under the eye of their European officers, and to prevent that irregularity which fixes disgrace and dishonour, not only on the corps to which they belong, but on the army at large.

Every rule and reg. promulgated by govt., respecting the march of troops in our own provinces, are to be considered as strictly in force throughout the territories of our allies, and their strict observance is even more necessary.

All small parties moving, are most peremptorily ordered to take their knapsacks, and, when in sufficient number, a portion of the cattle kept up by each company for baggage.

No sepoy is to be employed for private purposes on any pretext whatever (10), and the commissariat department are never to employ them, but as escorts for supplies and not for procuring them. In conclusion, the Maj.-gen, enjoins the greatest attention to the welfare and comfort of the peasantry and villagers in general, not only as the surest mode of ultimately ensuring their own, but as conformable to the views, policy, and character of the British govt. This order to be translated by interpreters of corps, and the greatest care taken that it may be fully and generally known.

(Signed) E. CARTWRIGHT, Assist. Adj.-gen.

2. Commit any Waste or Spoil, either in Walks of Trees, Parks, Warrens, Fish-ponds, Houses, or Gardens, Corn-fields, Enclosures, or Meadows, or shall maliciously destroy any Property, &c.] The 1st Geo. IV, cap. 56, sec. i, which declares it "to be expedient that a more summary mode than now by law exists, of repressing, and obtaining satisfaction for damages to buildings, &c.," may be considered as applicable to all the cases alluded to in the above art. It enacts, "that

(9) A proclamation issued on this subject. G. O. G. G. in C., 15th April, 1820. (10) See Henley, p. 225, M. C., 3d August, 1779.

"that if any person or persons shall wilfully or maliciously do or commit any damage, injury, or spoil, to or upon any building, fence, hedge, gate, stile, guidepost, milestone, tree, wood, underwood, orchard, garden, nursery-ground, crops, vegetables, plants, land, or other matter, or thing growing, or being thereupon, or to, or upon any real or personal property, of any nature or kind soever (11), and shall be thereof convicted within four calendar months, next after the committing of such injury, before any justice of peace for the county, riding, division, city, town, or place, where such offence shall have been committed, either by the confession of the party offending, or by the oath of one or more credible witness or witnesses, or of the party aggrieved in the premises; every person so offending, shall forfeit and pay to the person or persons aggrieved, such a sum of money as shall appear to such justice to be a reasonable satisfaction and compensation for the damage, or injury, or spoil, so committed, not exceeding, in any case, the sum of £5; and in default of payment of the sum of money, in which the offender or offenders shall have been convicted, immediately, or within such time as the justice shall appoint, together with all costs, charges, and expenses, attending the conviction; such justice shall and may commit such offender or offenders to the common gaol, or house of correction, there to be kept to hard labour, for any time not exceeding three calendar months (12), unless such penalty, costs, and charges, shall be sooner paid and satisfied. And by sec. iii, it is further enacted," that it shall and may be lawful to and for any constable, or other peace offi cer, and to and for the owner or owners of any property, so damaged, injured, or spoiled; and to and for his, her, or their servant, or servants, or other person or persons, acting by, or under his, her, or their authority, and to and for such person or persons as he, she, or they may call to his, her, or their assistance, without any warrant, or other authority, than by this act, to seize, apprehend, and detain any person or persons who shall have actually committed, or be in the act of committing any offence or offences against any of the provisions of this act,

(11) The words, "or other matter or thing growing or being there upon, or to or upon any real or personal property of any nature or kind soever," include walks of trees, parks, warrens, fish-ponds, houses, barns, &c., corn-fields, enclosures, or meadows, plantations, paddocks, goss, furze, or fern, growing in any forest or chase; and also park-railings, palisadoes, gates, and the like-with respect to real property. And all valuable domestic animals, as horses, or other beasts of draught, and all animals domite natura, which serve for food, as neat or other cattle, swine, poultry, and the like, and of their fruit or produce, taken from them while living, as milk or wool; and also of the flesh of such as are either domitæ or feræ naturæ, when killed-with respect to private property. (See Blackstone, vol. iv, pp. 233–236, 245–246.) To which may be added, the implements of farming or husbandry, kitchen, &c. utensils, furniture, and any other description of private property. If there be a stealing or destruction of property, or of animals, or the injury done should exceed £5, the penalty awarded by the act, the offences would be punishable under other statutes, made and pro vided to meet the several cases.

(12) Six weeks in the case of male offenders under 16 years of age.-(Sec. ii.)