that the prisoner, Sert. John Emerson should be transported accordingly to New South Wales.

I shall therefore take the steps directed by the M. A, in such cases. FREDERICK, Com. in chief.

I am, &c.

(Signed)

Field Marshal His Grace the Duke of Wellington, K. G., &c. &c. &c.

Officers in the Corps of the Engineers, &c. to be governed by these

Articles.

ART.3.] (7). In like manner, also, all officers serving in the corps of engineers, and all officers and persons serving as mil. surveyors and draftsmen, or in the corps of pioneers, or of sappers and miners, or as artificers and labourers, and all master gunners and gunners under the ordnance, and all apothecaries and medical store-keepers, and hospital stewards, and suttlers and followers (8), and others serving with the army, are to be governed by these our rules and articles, and equally subject to trials by cts.-mar., as officers and soldiers of the other troops.

1. Explanation.] This art. is founded upon the M. A., sec. xlv, 4 Geo. IV. cap. 81. It is similar to sec. xx, art. 3, Ann. Arts. of War, 1824 (See Ann. M. A., 1824, sec. cxxxvii.) Sec. xlv, M. A., 4 Geo. IV., cap. 81, adds to the above, "all persons who now are, or shall be under the ordnance, veterinary surgeons and others, serving on the medical establishment of the army," and mentions suttlers, as "licensed suttlers." If they were not such, they would be considered as followers of the army or camp.

By G. O. G. G. in C., Ft.Wm., June 21st 1822, regn. 20, medical native students are made subject to mil. law; by regn. 33, it is directed, that "native doctors, in the mil. branch of the service, shall not be dismissed, except on the sentence of a ct.-mar., to be approved of by the Com. in chief."

Officers of engineers are tried by gen. cts. -mar., composed of officers from the other branches of the service, joined with their own officers. Where they are tried for any professional misconduct or neglect of duty, there should be several of the members of the court from their own body; for no other branch of the service embraces duties of such a scientific nature, as those of the engineer department, and no other officers, except artillery officers, can form a correct judgment as to their merits or demerits.

Those persons mentioned in this article, falling under the denomination of warrant officers, may be tried by a detachmt. ct.-mar., whenever the offence is not of such a nature, as to require investigation before a gen. ct.-mar.-(See art. 13, sec. xiv., p. 406. See case 1, 2, and 3.)

2. Natives belonging to Public Department and Camp-Followers, punishable

(7) Sec. xx, art. 3, Ann. Arts. of War, 1824.

(8) Sec. xi, art. 22, Arts. of War for Bengal Native Troops.

punishable for Breaches of Cantonment, &c. Regns.] (9) Regn. 20, A. D. 1810, sec. ii. "All persons serving with any part of the army, and receiving public pay drawn by any officer in charge of a public deptnt. appertaining to the army, whether as lascars, magazine men, kalassies attached to magazines, or any other deptnt. or establishment, native doctors, writers, b,hesties, puckallies, grasscutters, mahouts, surwans, or other subordinate servants attached to public cattle, bildars, artificers, or in any other capacity, shall (provided they are borne upon the fixed establishment of the deptut. in which they are employed, and not otherwise) be subject to be tried by a ct.-mar. for all breaches of their respective duties, and for all disorders and neglects to the prejudice of good order and of the local regns. established by the comg. officer, or other competent authority, in the cantonment, garrison, station, or other places where the troops to which they are attached may be serving. By sec. iii., regn. 20, A. D. 1810, the punishment, in the case of the above persons "shall not exceed that which may be inflicted under art. 2, sec. xxiv., Ann. Arts. of War; (1824) and art. 2, sec. 15, of the Hon Company's Arts. of War (10); unless where the forces are serving in the field, for which case provision is already made by the existing Arts. of War (11); from which nothing in this regn. is understood to derogate" (12). By art. 4, menial servants are made subject to cantonment, garrison, &c. regns.- (Henley's Bengal Mil. Regns. p. 633.) 3. Punishment of Petty Assaults and Affrays committed by Retainers.] Sec.

(9) Henley's Bengal Mil. Regns., p. 632.

(10) See sec. xxi, art. 2.

"All suttlers and

(11) Sec. xi, art. 22, Arts. of War for Bengal Native Troops. retainers to a camp, and all persons whatsoever serving with the forces in the field, though not inlisted soldiers, are to be subject to orders, according to the rules and discipline of war."-(See also No. 6, p. 224, with respect to capital crimes, &c.)

(12) It is directed by art. 13, Regn. xx, A. D. 1810, that no ct.-mar. shall inflict any heavier corporal punishment for the breach of a local regn., on any person attached to the buzar of a corps, or to a station buzar, or on any servant of an officer, than 50 lashes with a cat-o'nine-tails, or 14 days' confinement, or, in aggravated cases, both those punishments. Those attached to the buzars of corps, or stations, above the condition of petty dealers, menials, servants, or workmen, shall not be liable to corporal punishment in the first instance, for breach of local regulation, but pay a fine to govt. not exceeding 100 Sa. Rs., to be levied, if not forthwith paid, under the written order of the comg. officer, grounded on the sentence of the court; by seizure and public sale of such of the goods of the offender, as may be found within the limits of the garrison, cantonment, or buzar; and if sufficient goods shall not be found, &c. the offender may be arrested by a written order of the comg, officer, and confined for one month, unless he sooner discharge the fine; and failing to discharge the same, shall be liable, in case of a conviction for a second offence, to be sentenced to corporal punishment in the same manner as petty dealers, workmen, or menial servants, or to he struck off the register of the station, &c. buzar, sec. xiv. “In the case of those who are exempted from corporal punishment, the comg. officer to commute the punishment to a fine not exceeding 100 Sa. Rs., to be levied in the same manner as if it had been imposed by the ct.-mar."-Henley's Bengal Mil. Regns. p.633.”

Sec. XV. "With a view, also, to the more effectual maintenance of good order in the garrisons, cantonments, and mil. bazars, it is hereby enacted that, if any retainer of the army of the description mentioned in sec. ii. of this regn., or any menial servant of an officer, or any person registered as attached to the station or sudder bazar, shall be charged with the commission of any inconsiderable assault or affray, or other act immediately tending to the breach of peace and good order of any of the said garrisons, &c. &c., within the limits thereof, as described in the plans to be approved by govt., the person so accused shall be tried by a native ct.-mar.; and such ct.-mar. shall be empowered to punish the offender, when convicted, by imprisonment for a term not exceeding 20 days, or by imposing upon him a fine not exceeding 50 Sa. Rs., or to subject him to corporal punishment not exceeding 50 lashes with a cat-o'nine-tails, unless the offender be of the description of person mentioned in sec. ii. of this regn. (see No. 2, above), and the act done involves a mil. offence and is so charged, in which case the degree of punishment is to be determined by the rule laid down in sec. iii. of this regn."-(Henley's Bengal Mil. Regns., p. 633. See case 5.)

4. Punishment of petty Thefts committed by Retainers.] XVI. “If any retainer of the army, of the description mentioned in sec. ii. of this regn. (see No. 2), or any menial servant of an officer, or any person registered as attached to the sudder bazar, shall be charged with hav. ing committed a petty theft (that is to say, without circumstances of violence and outrage, not exceeding the value of 100 Rs. (see case 4), within the limits of the cantonment or bazar, such charge shall be tried by a native ct.-mar., which shall have the power of inflicting on the offenders corporal punishment, not exceeding 100 lashes with a cato'nine-tails, or of imprisoning them for a term not longer than one month." (Henley's Bengal Mil. Regn., p. 633.)

Sec. XVII. "If any such petty offences as are described in secs. xv. and xvi. of this regn. (see Nos. 3 and 4), shall be committed within the limits of a garrison, cantonment, or mil. bazar, by any person not being a retainer of the army, or the menial servant of an officer, or registered as attached to the bazar, the comg. officer shall cause the offender, if found within the limits of the cantonment, garrison, or bazar, to be arrested and sent to the magistrate, who shall inquire into the facts, and punish the offender, if convicted, in the same manner as in other cases of petty offences cognizable by the magistrate under the existing regns."(Henley's Bengal Mil. Regns., p. 634.)

5. All Natives accused of Capital Crimes, &c. to be delivered over to the Magistrate.] Sec. XVIII. "In all cases of crimes committed within the limits of garrisons, cantonments, or mil. bazars, which are not cognizable before a ct.-mar. in the manner described in this regn. (see No. 4), the offender, whatever be his description, if found within the limits, shall be arrested by the comg. officer, and delivered over to the magistrate."-(See No. 3, p. 221).

Regn. V. A.D. 1809. Sec. ii. First. "Whenever a native subject of the British govt. shall be charged with murder or homicide of any sort, rape, or other great personal violence, robbery, burning of houses, or violent affrays, or any other serious offence, committed in any place, out of the limits of the British provinces; either against the subjects of the British govt., or any other persons (13), and shall be found in any part of such provinces; the magistrate of the city or zillah (district), in whose jurisdiction the accused person may be found, on the charge against him being deposed to on oath, or solemn declaration, either by the complainant, or by some other credible person, as required by sec. iv, regn. ix, 1807 (14), shall issue process for apprehending or summoning the party accused, under the provisions of that regn.; and, on his attendance, shall make such inquiry into the charge, as the circumstances of the case, and the evidence attainable, may admit of; after which he shall report his proceedings to the gov.gen. in council "(15).—(Henley's Bengal Mil. Regns. p. 634.) It is likewise declared by G. O. C. C., 8th Feb. 1802, "That every native officer and soldier is amenable to the jurisdiction of the Co.'s civil and criminal courts of judicature; that residence within the limits of a mil. cantonment or station, does not exempt any native from the jurisdiction of the Co.'s civil and criminal courts, or from being apprehended by the officers of those courts" (in conformity to the provisions of Regn. xx, 1810).—(Henley's Bengal Mil. Regns. p. 635.)

I presume a regn. will be now framed for the trial of all native officers and soldiers, under the circumstances detailed at No. ii. p. 6., relative to capital crimes, &c. when committed at places more than 120 miles from Calcutta, &c. &c.

6. Execution of process of Civil or Criminal Arrest by the Magis trate.] Regn, xx, A.D. 1810, Sec. xix. "In all cases in which it may be necessary to execute any process of arrest, criminal or civil, within the limits of a garrison, cantonment, mil. station, or mil. bazar (the process of the Supreme Court only excepted), the officers entrusted with the execution of such process shall, in the first instance, carry the same to the comg. officer, or, if he shall happen to be absent, to the senior officer, actually present, in the garrison, &c.; and the comg. officer, or such senior officer, upon such process being produced to him, shall back the same with his signature, and

shall

(13) See note 3, p. 219. (14) See beginning of p. 224. (15) "He is to commit the prisoner or hold him to bail." Sec. iii. directs him "if brought to trial, to be tried by the established courts of criminal judicature within the British provinces." Sec. iv. "Whenever a native subject of the British government shall be brought to trial, before any of the established courts of criminal judicature, under the provisions of this regulation, the trial shall be conducted, and sentence thereupon passed and carried into execution, under the genl. regn. in force, in like manner as if the offence had been committed within the British territories, and the case subject to the ordinary jurisdiction of those courts."-(The punishments are according to the Moohummudan laws, as modified by the British government.)

shall forthwith use his utmost endeavours (16) to cause the person or persons named in such process to be discovered, and if within the limits of the garrison, &c. to be arrested and delivered, according to the exigency of the process, to the civil officer charged with the execution thereof; but nothing herein contained is to be construed to prevent the service by the civil officer, in the usual way, of sum monses, subpoenas, or other processes of mere citation, without arrest" (17).—(Henley's Bengal Mil. Regns. p. 635.)

7. A Court-martial to take cognizance of Actions of Debt and all personal Actions against Officers, Soldiers, and Retainers.] Regn. xx, A.D. 1810, sec. xxii. "Actions of debt, and all personal actions against officers (18), soldiers, retainers of the description mentioned in sec. 11 of this regn. (see No. 2), persons registered as attached to the sudder bazars, or bazars of corps, or menial servants of officers (see No. 3), shall be cognizable before a mil. court, and not elsewhere, provided the value in question does not exceed 200 Sa. Rs. (19), and the deft. was a person of the description abovementioned, when the cause of action arose. Such courts shall be composed of European officers when European officers may be parties concerned, and, in all other cases, of native officers with an European officer to superintend

(16) See No. 4, p. 224.

(17) G. O. C.C. 10th Nov. 1907, directs commanding officers "to afford the assistance prescribed, in execution of all processes authenticated by the judges, magistrates, or other authorities empowered to issue them, although there may be reason to suppose that the processes in question are defective in point of form." It further adds, "the responsibility of the supposed irregularity, if it should be found, on inquiry, actually to exist, of course rests with the person issuing the process; and the comg. officer, after furnishing the aid required, is fully at liberty to submit the case, should he judge it necessary, through the usual channel, for the information of the Com. in chief." And by the same order, any misconduct on the part of the above civil officers is to be reported, if necessary, to the Com. in chief, for the information of the Gov.gen. in Council.

(18) With regard to European officers, see No. xi, p. 14.

(19) Sec xxiv, "No process of arrest before judgment, shall issue from any civil court in any action against a person residing or carrying on any trade or occupation, relating to the service or supply of the troops at any house, shop, or fixed place, within the precincts of a garrison, cantonment, or mil. bazar, unless it be averred in the plaint, that the cause of action exceeds 200 Sa. Rs., or that the defendant, though residing or carrying on such trade or occupation within the mil. limits, is not registered, or that, though registered, he has not within the space of three months preceding, truly and bona-fide, exercised the occupation in respect of which he is registered, within the limits. In all cases where such averment shall be made, the judge issuing the process, shall indorse upon it, as the case may be, "Cause of action above 200 Sicca Rs.," or "defendant not registered," or "defendant not entitled to privilege of registry,' ," and shall sign the indorsement. All processes so indorsed shall, if the deft. be within the limits of the garrison, &c. &c., be delivered, in the first instance, to the comg. officer, or be executed through him as in other cases; but if the deft. be found without the limits of the garrison, &c. &c., he may be arrested by the civil officer on process so indorsed; and in all cases of such arrest, whether made within or without the limits, if at the trial the pltff, shall not prove, according to the purport of the indorsement (as above), he shall be nonsuited with costs."