act, and to take him, her, or them before any justice of the peace for the county, city, or place, where the offence or offences shall be committed." And by sec. vi. it is farther enacted, "that nothing in this act contained shall repeal or affect any act or acts now in force, whereby any person or persons may be subject to punishment for wilful and malicious acts of trespass, to any property, public or private (13), or shall extend to any case of wilful or malicious mischief or trespass, to private property, in which the damages claimed shall exceed the sum of £5 (14), or to any case wherein it shall appear to the satisfaction of the justice or justices, before whom the complaint is made, that the party trespassing acted under a fair and reasonable supposition that he had a right to do the act to the property in respect whereof the trespass was committed, or alleged to have been committed, or to do or commit the act complained of; or shall have committed such trespass in hunting, or being a qualified person, and having duly obtained his certificate, authorizing him to kill game, shall have committed the injury complained of, in the pursuit of any kind of game (15). By sec. viii. it is further enacted" that this act shall be in force in England and Ireland, and not in any other part of the United Kingdom." [N. B. See sec. ix. 219, for the conduct to be pursued on any such complaints being made.] 3. Charges.] See Forms, Nos. 39 and 40, Chap. I. That A. B. did, behave himself in a disorderly manner (describe the act or acts), or did commit waste or spoil, in a walk of trees, park, warren, fish-pond, house, or garden, corn-field, enclosure, or meadow (or in walks, &c., if so), &c., belonging to C. D.; or, did maliciously destroy (insert particulars) the property of E. F. (describe E. F. to be a person on at entitled (13) i. e. Those wilful and malicious acts provided for by particular statutes, and where the extent of the injury is beyond the penalty awardable by this act, or is felony, or the case of game, which is provided for by sec. xc.-(See Ann. M. A., 1824.) (14) i. e. For any offence committed at one time. If damage to the extent of £5 be committed on one day, and the same on another day, by the same person, there being two distinct offences, they would, therefore, fall within the act; if unknown of at the time of the first conviction. (15) By sec. xc, Ann. M. A., 1824, for the better preservation of game, in or near such places where any officers or soldiers shall at any time be quartered, it is enacted, "that if any officer or soldier shall, without leave of the Lord of the Manor, under his hand and seal, first had and obtained, take, kill, or destroy any hare, coney, pheasant, partridge, pigeon, or any other sort of fowls, poultry, or fish, or H. M.'s game, within the United Kingdom of Great Britain and Ireland, and upon complaint thereof shall be, upon the oath of one or more credible witness or witnesses, convicted before any justice or justices of the peace; every officer so offending, shall for every such offence forfeit the sum of £5; and every officer comg. in chief upon the place, for every such offence committed by any soldier under his command, shall forfeit the sum of 20s. and if upon conviction, made by the justices of the peace, and demand thereof also made by the constable or overseers of the poor, such officer shall refuse or neglect, and not within two days pay the said respective penalties, such officer so refusing or neglecting shall forfeit, and he is hereby declared to have forfeited his commission, and his commission is hereby declared to be null and void." entitled to the protection of the art.). The same being in breach of the Arts. of War. 4. Evidence.] Nos. 1 and 2, as at Chap. III, sec. ii, art. 1. 3. Prove the act or acts of disorderly conduct charged. Or, prove the nature of the waste, spoil, or destruction of property, and the place in which it was committed, as charged. 4. Prove C. D. or E. F. to be persons entitled to the protection of the article. Witnesses.] One witness to prove the disorderly behaviour, waste, spoil, or destruction of property, and the same witness (if he can) may prove C. D. or E. F. to be persons entitled to the protection, &c. 5. Punishment.] Besides the penalties liable to by law, to be punished at the discretion of a gen. or regtl. ct.-mar., i. e. if convicted in a pecuniary penalty, before a justice of the peace. Ifacquitted, sec. xvii, M. A., enacts, "that no person or persons, being acquitted or convicted of any capital crime, violence, or offence, by the civil magistrate, shall be liable to be punished by a ct.-mar. for the same, otherwise than by cashiering, i. e. the officer, and discharging the soldier, &c. Now, unless the nature and degree of the offence be considered with reference to a distinction between a conviction, after å formal trial, and a penalty awarded by a justice of the peace, on the oath of one or more credible witnesses, it would appear that the penalty annexed by sec. xvii. of the M. A. must be enforced, the words being "otherwise than by, &c.;" but the art. gives a latitude which evidently refers to shades of guilt, not in the contemplation of sec. xvii. of the M. A., which evidently has in view the removal from the service of those who are a disgrace to it, though even legally acquitted of any disgraceful or other crime, of a similar nature.-(See Discretionary Punishments, at Chap. XXIV.) N. B. By art. 5, sec. ix, Ann. Arts. of War, comg. officers, refusing, &c. to see justice done to any abused or wronged by a soldier, under his command, shall be deemed as culpable as if he himself had committed the crimes and disorders complained of, and shall be punished at the discretion of a gen. ct.-mar. Penalty if a Soldier be found one Mile from his Camp without Leave in Writing. ART. 2.] (16) All non-com. officers and soldiers, who shall be found one mile from their quarters, garrison, or camp, without leave in writing from their com. officer, shall suffer such punishment as by the sentence of a gen. or regtl. ct.-mar. shall be awarded. 1. Explanation.] Leave in writing called a pass, is granted by comg. officers of regts., or adjts. under their authority, &c. to non-com. officers and soldiers to be absent from quarters, garrison, or camp, for any time between sun-rise and sun-set. These passes are given back by the soldiers, &c. to whom they are granted on their return, by which means (16) Sec. xi, art. 1, Arts. of War, for Bengal Native Troops. it it is ascertained whether they have exceeded the time allowed; after which they are destroyed, that they may not by an alteration of their dates, be used a second time. Soldiers, &c. are not allowed to quit a fort without such leave. They have the whole range within the limits of the fort, quarters, garrison, cantonment, or camp; therefore, the distance of one mile is to be calculated from such limits, which are usually defined by boundary pillars. The distance in camp would be reckoned from the picquets, &c., from which a chain of sentries is placed round the camp, and thus describing its limits. On service, officers, non-com, officers and soldiers, are frequently prohibited from going even beyond the picquets. Soldiers, &c. should not go any distance less than a mile beyond the limits of the quarters, garrison, or camp, without leave, as their absence and the cause of it should be known; but such leave is not required to be in writing. If a non-com. officer or soldier be found one mile from the cantonment, &c. or camp, without a pass, he should be compelled to return; or, if beyond the distance named in the pass. The following G. O. is applicable to this article. G. O. C. C. 20th Feb. 1821. "The Com. in chief takes this opportunity to notice, that he has received reports from different parts of India, that soldiers are in the habit of going considerable distances from their quarters on shooting excursions. While the Com. in chief wishes, as stated in G. O. of the 24th Dec. 1819, to encourage in the army manly exercises and games in the field at proper hours, and suitable seasons of the year, he must prohibit, as contrary to usage in any country, soldiers wandering, without license, from their quarters with fire-arms. His Lordship therefore desires, that non-com, officers or soldiers, who may be permitted hereafter by their comdts. to go short distances from their stations for recreation, shall be provided with a pass for the day, and only a few men at a time, whose characters are well known to be steady and correct, should be permitted to have this indulgence." 2. Charges.] See Forms, Nos. 39 and 40, Chap. 1. That A. B. did on at -, go one mile beyond the limits of the quarters, garrison or camp, (or in which his regt. is, or was stationed or encamped), where (state the place or village, if any), he was found by C. D. without a pass, or leave in writing, signed by E. F., the comg. officer, of his regt., &c. 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 that A. B. was found at the distance and place beyond the limits of, &c. without a pass or leave in writing, as charged. Witnesses.] One witness would be sufficient, any officer, or non-com. officer so finding him. 4. Punishment.] Discretionary. (See Punishments, at the end of Chap. XXIV.) Penalty of Lying all Night out of Camp or Quarters. (17) Sec. xi, art. 2, Arts. of War, for Bengal Native Troops. of of his quarters, garrison, or camp, without leave from his superior officer, upon pain of being punished according to the circumstances and degree of his offence, by the sentence of a gen. or regtl. ct.-mar. 1. Explanation.] The words "superior officer," as here used, means the comg. officer for the time being. No other officer of a regt. can give leave to another officer, or to any non-com. officer or soldier, to be absent all night, with permission to sleep out of the quarters, garrison, or camp. Non-com. officers and soldiers are expected to sleep in their own immediate barrack and bed. On service, it is particularly required that all should sleep in their own beds, that they may be easily called out in case of need.—(See No. 1, art. 2, of this sec.) 2. Charges.] See Forms, Nos. 39 and 40, Chap. I. That A. B. did, on the night of at absent himself from, and lie or sleep out of the quarters, (barracks, in the case of a non-com. officer or soldier,) garrison, or camp of, or in which his regt. is or was stationed or encamped 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 that A. B. did not sleep in quarters, &c. but was absent the whole night from the cantonments or barracks, and did not return till next morning. The absence of A. B. from the appointed time, at which non-com. officers and soldiers retire to bed, till day-break, would be considered as the whole night; any shorter intermediate time, as part of the night. It would not be necessary to prove more than the absence during such period-the words "lie out" meaning absence; the rest being presumed, unless the contrary be proved.-Witnesses. One witness would be sufficient to prove the fact. 4. Punishment.] Discretionary.-(See Punishments, at the end of Chap. XXIV.) CASE 1.] G. O. H. G. 4th April, 1814. At a gen. ct.-mar, Lieut. J. S., of the 15th foot, was arraigned upon the undermentioned charges, viz. 2d. "For disobedience of orders, in sleeping out of the garrison of Brimstone Hill, on the night of the 11th of Sept. 1813, in direct violation of the regtl. order of the 30th Aug. last, and in breach of the Arts. of War" (18). FINDING-Guilty (prisoner pleaded guilty). cashiered. SENTENCE-To be Approved and confirmed by H. R. H. the P. R. (Signed) H. CALVERT, Adj.gen. CASE 2.] G. O. C. C. Madras, 28th Oct. 1818. Crime. Subadar Shaick Ally, of the light comp. of the 1st bat. 14th regt. M. N. I., arraigned on the following charges: 1st. "For disobedience of positive orders issued on the subject, in quitting his lines without leave, and proceeding to the town of M,hyshur, and remaining absent several times during the whole night, but particularly (18) The first charge was for repeatedly absenting himself from parades. particularly on the nights of the 17th and 19th June, and 4th July, 1818. 3d. "For highly improper conduct in permitting and urging several of the men of his comp, to proceed with him to Mhyshur, and behave otherwise improperly, when it was his duty to have deterred them from such practices." FINDING-Guilty of the 1st and 3d, Not Guilty of 2d charge. SENTENCE-To be suspended from rank and pay for three calendar months. Approved and confirmed: (Signed) HASTINGS. Penalty of not Retiring to Quarters at Beating of the Retreat. ART. 4.] (19) Every non-com. officer and soldier shall retire to his quarters or tent at the beating of the retreat; in default of which, he shall in like manner be punished according to the circumstances and degree of his offence. 1. Explanation.] The term "quarters," as here used, means the barrack of the comp. to which the non-com. officer or soldier belongs; as, indeed, is made apparent from the subsequent words "or tent:" it is the retirement of soldiers to their usual place of rest for the night; to ensure which, the names of the men of each comp. are called over at retreat-beating. [This art. should have preceded the 3d art.] 2. Charges.] See Forms, Nos. 39 and 40, Chap. I. That A. B., on at did absent himself from the roll-call of his comp. at o'clock, and did not retire to his barrack or tent at the beating of the retreat, (insert any subsequent misconduct, if any,)—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 that A. B. was not present at the roll-call of the comp. at o'clock, as charged, and did not retire to his barrack or tent, &c.-Witnesses. The orderly serj. of the comp. can prove the fact. 4. Punishment.] Discretionary.-(See Punishments, at the end of Chap. XXIV.) Penalty of not repairing, at the Time fixed, to the Parade or other Rendezvous; or of quitting his Guard without being dismissed or relieved. ART. 5.] (20) No officer, non-com. officer, or soldier, shall fail to repair, at the time fixed, to the place of parade of exercise, or other rendezvous appointed by the comg. officer, if not prevented by sickness or some other evident necessity; or shall go from the said place of rendezvous, or from his guard, without leave from his comg. officer, before he shall be regularly dismissed or relieved, on the penalty of being punished according to the circumstances and degree of his offence by the judgment of a gen. or regtl. ct.-mar. 1. Explanation.] The words "or other place of rendezvous" mean (19) Sec. xi, art. 3, Arts. of War, for Bengal Native Troops. (20) Sec. xi, art. 4. Do. any |