their respective offences, as by the sentence of any such gen. ct.-mar. shall be awarded: Provided always, That any person so tried shall not be liable to be tried for the same offence by any other court whatsoever.(22)

III.-Persons liable to be tried by Court-martial may be apprehended and delivered over to their Regiments.

Sec. 3. And be it further enacted, That if any person liable to be tried by a court-martial for any such offence alleged to have been committed within the territories of any foreign state, or in any country under the protection of H. M. or the said United Co., or at any place other than Prince of Wales' Island, in the territories under the government of the said United Co., situate above 120 miles from the said presidencies of Fort William, Fort St. George, and Bombay respectively, and for which no proceeding shall have been commenced in any ordinary court of competent civil or criminal jurisdiction, shall be apprehended by the authority of, or brought before any magistrate for any such offence; it shall and may be lawful for such magistrate, and he is hereby required to deliver over such accused person to the com. officer of the regiment, corps, or detachment to which such accused person shall belong, or to the com. officer of the nearest military station, for the purpose of his being tried by a ct.-mar. for such offence, as hereinbefore is provided in that behalf.

IV.-Persons accused of capital crimes, &c., to be delivered over to the Civil Magistrate, unless they shall have been committed at any place above 120 miles from Calcutta, Madras, and Bombay.

Sec. 17.--And be it further enacted, That if any officer or noncommissioned officer or soldier shall be accused of any capital crime, or of any violence or offence against the person, estate, or property of any of H. M.'s subjects, or any other person entitled to H. M.'s protection, or to the protection of the respective govts, of the E. I. Co., or of any state in alliance with the said Co., which is punishable by the known laws of the land; the com. officer or officers of every regiment, troop, company, or party, is, and are, hereby required to use his and their utmost endeavours to deliver over such accused person to the civil magistrate, and shall also be aiding and assisting to the officers of justice in the seizing and apprehending such offender, in order to bring him to trial; and if any such com. officer shall wilfully neglect

of the Mutiny Act gives the Gov. gen. or Gov. in council the power of suspending the proceedings of any ct.-mar., or (sec. 8) of commuting a sentence of death to transportation.

(22) The 16th sec. of the Mutiny Act provides, "That nothing shall exempt any officer or soldier from being proceeded against by the ordinary course of law, unless such officer or soldier shall have been tried by a ct.-mar." If acquitted or convicted by a civil court, he may be tried by a gen. ct.-mar., but can only be punished by being cashiered. The 17th sec. requires them to be made over to the civil authority, if within 120 miles of Ft. Wm., &c. See p. 8. No. iv.

neglect or refuse, upon application made to him for that purpose, to deliver over any such accused person to the civil magistrate, or to be aiding or assisting to the officers of justice in apprehending such offender, every such officer so offending, and being thereof convicted upon any information or indictment in any of H. M.'s courts of record in India, shall be deemed and taken to be cashiered, and shall be utterly disabled to have or to hold any civil or military office or employment in the said United Co.'s service in the East Indies, provided a certificate of the said conviction be transmitted to the J. A.G. of the army to which such offender shall belong: Provided always, That nothing herein contained shall extend, or be construed to extend, to require the delivery over to the civil magistrate of any such person accused of any offence, who shall have been tried for such offence by any ct.-mar. in manner hereinbefore provided, in respect of offences committed within the territories of any foreign state, or in any country under the protection of H. M. or the said United Co., or at any place in or out of the territories of the said United Co., situate above 120 miles from the said presidencies of Ft. Wm., Ft. St. Geo., and Bombay respectively, or against whom any effectual proceeding shall have been taken, or ordered to be taken, for the purpose of bringing such person to trial by such ct.-mar. as aforesaid: Provided also, 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.

V-Offenders may be tried in places other than where the offences have

been committed.

Provided (sec. xxxvi.) always, and be it further enacted, That if any officer or soldier, or any other person subject to the provision of this act, at any place out of the presidencies of Bengal, Madras, or Bombay, commit any of the offences for which he may be liable to be tried by a ct.-mar. by virtue of this act, and shall, after the commission of any such offence, go or be sent to any part of H. M.'s dominions, er to any station or part of the possessions or territories under the govt. of the said Co., or elsewhere, in the course of service abroad, or come to be brought within the said presidencies, or either of them, before he be tried by a ct.-mar. for such offence, such officer or soldier shall be liable to be tried for the same at such other station or part of H. M.'s dominions, or the possessions or territories which are or may be under the govt. of the said Co., or elsewhere, in the same manner as if the offence had been committed where such trial shall take place. (See note 18.)

VI.—Recruits concealing Infirmities punishable.

And be it further enacted (sec. xlvi.), That any person who shall enlist into the Co.'s forces, and who shall be discovered to be incapable of active service, by reason of any infirmity which shall have been

concealed

concealed by such person, or not declared before the justice of the peace at the time of his attestation, and mentioned at the foot thereof, may be transferred into any garrison, or veteran or invalid battalion, or into H. M.'s or Co.'s marine forces, notwithstanding he shall have been enlisted for any particular regt., and shall be entitled to receive such portion or residue of bounty only as shall be allowed by the said Co., by any regulation made in that behalf, in lieu and instead of the bounty upon which such man shall have been enlisted; any thing in any act or acts of parliament, or any rules or regulations relating to soldiers, to the contrary notwithstanding.-(See Ann. M. A. 1824, secs. 96-98.)

VII.- After Embarkation, Officers and Soldiers subject to Mutiny Act and Articles of War (23).

And be it further enacted, (sec. xlvii.), That all officers and soldiers who

(23) As well as to those rules and regulations and instructions which are, or may be established by the Hon. Court of Directors. There are instructions "to officers in the Co.'s service, returning to India, in charge of detachments of recruits on board ships." And as H. R. H. the Com. in chief has issued instructions for the guidance of officers commanding detachments of H. M.'s troops, when embarked on board ships belonging to the Co. (Horse-Guards, 24th May, 1807), such part of them as appertain to the present case are referred to-the words in italics are omitted in those regarding the Co.'s recruits.

"Officers in command of detachments are, in all respects, to conform to the rules and regulations established for the govt. of the ships they are respectively embarked on board of, (so far as the same do not militate against the discipline and good order that should at all times prevail among H. M.'s troops,) and the Com. in chief trusts, that all officers placed in command on board Indiamen, together with the several individuals under their orders, will feel the propriety of accommodating themselves to the customs of the ships, so that there may subsist ["is to accommodate himself to," &c. in Co.'s instructions] between them, the commanders, their officers, and crews, a due degree of cordiality, so essential to the good of H. M.'s service and that of the H. E. I. C.," and "in order that the most perfect understanding may subsist between the officer commanding the troops and the commander of the ship, which it is so desirable should be preserved on all points of discipline and duty; the commanding officer of the detachment will take an early opportunity of communicating these instructions to the commander of the ship (who will, of course, produce those with which he has been provided, according to the orders of the H.E.I.C.") The commander is furnished with a copy of those regarding the Co.'s recruits.

The words "so far as the same do not militate against the discipline and good order that should at all times prevail among H.M.'s troops," might seem to apply to the words inserted (in italics) in the second regulation regarding the Co.'s recruits, but which are omitted in the instructions to H. M's officers, viz. :-" The officer is to pay the greatest attention to every requisition made to him, and to every order given by the commander of the ship; and is to enforce the strictest obedience to his orders from every non-commissioned officer and soldier under his charge, who are to assist in the general duty of the ship below, but are never to be compelled to go aloft." As the instructions to the officers of both services do lay down certain duties for them and their men while on board, those instructions are to be conformed to, but they do not explain what meaning is attached to the words "general duty of the ship.'

The

who shall be enlisted or transferred (24) to the service of the United Co., and all officers in the said Co.'s service who may proceed in charge of, or be appointed to do duty (25) with such enlisted or transferred officers and soldiers, shall, from and after their embarkation to go abroad to such place, whereto they shall be sent in the service of the said Co., be, and are hereby adjudged to be, during their passage, subject to all the provisions and regulations of this act, and to all such provisions and regulations as officers and soldiers in the pay of the said United Co. shall from time to time be subject to, at the garrison or place to which such officers and soldiers shall be sent.-(See sec. 20-Troops on board Ships of War.)

VIII.

The men may be employed in pulling the ropes on deck, in assisting at the pusaps, and in doing any thing else which belongs to the duty of the watches to which they belong, but they should not be employed in washing, scrubbing, or cleaning the decks (except sweeping, scrubbing, and scraping the orlopdeck where their births are, and which the instructions require them to do), nor in picking oakum, assisting in the hold, or in other similar duties. But cases may arise which must form exceptions to the instructions, a deviation from which must of necessity take place under particular circumstances, when the safety of the ship is endangered; in such cases even passengers, of whatever rank, are compellable to assist at the pumps, or to assist in defending the ship when attacked by the enemy. In such cases the commander's orders must be obeyed to the very letter. The troops are directed "to be paraded in the morning and afternoon. The commanding officer is to apply to the commander of the ship to know the hours, and part of the ship most convenient for this purpose, as well as for drilling the detachment when necessary." It therefore becomes the duty of the commander to afford every facility in his power in enabling the commanding officer to carry his instructions into effect. As to the conformity required from the military to the regulations of the ship, implicit obedience must be yielded. The commanding officer may point cut their inconvenience to the commander, and report his conduct on arriving in India, &c. if it becomes necessary. Besides keeping up a good understanding between the troops and the ship's company, if there be K.'s and Co.'s troops in the same ship, care should be taken, that a good understanding subsists between the officers and men of the two services. The senior officer in H. M.'s service commands to the W. of the Cape of Good Hope. After the ship has passed the Cape, the H. E. I. Co.'s officers (24) are directed to command according to the seniority of their commissions. The commander of the ship must determine the question as to the fact of the ship having passed to the E. of the Cape. The general command of the troops of the two services should not extend to any interference, as to the internal eenuedy cf each.

(24) By the 39 Geo. III. c. 109, recruits are authorized to be enlisted to serve esther in H. M.'s troops, or in the forces of the E. I. C., according as H. M. shall think fit. By the 50 Geo. III. c. 87, recruits are authorized to be enlisted for the special purpose of serving in the E. I., in the forces of the E. I. C., which also relates to their quartering and billetting, and trial by regt. cts-mar. (Ann. M.A. &c. 93, 1824.)

(25) The officer commanding the detachment, as well as any officer or officers dong duty, is included in the term “doing duty.” Officers, &c. not doing duty, would be tried for any misconduct while on board of ship, on their arrival in India. Though their commisions have no effect till they have passed the Cape of Good Hope, still all officers on leave are triable for offences committed during the period of such absence from their duty, while on shipboard.

VIII.-Offences committed by Officers and Soldiers while on board of Ship, or previous to their arrival in India, cognizable after their arrival in India.

And forasmuch (sec. xlviii.) as it may happen that offences may be committed by the said officers and men after their embarkation, and before their arrival at their place of destination abroad, which nevertheless cannot be tried and punished, during their passage, in such manner as such offences ought to be tried and punished (26); be it therefore enacted, That in every such case every such officer or soldier shall and may, after his arrival at his place of destination abroad, be tried and punished for every offence committed after his embarkation

and

(26) The 20th art, of the 14th sec. directs, that “to the end that offenders be brought to justice, we hereby direct, that whenever any officer or soldier shall commit a crime deserving punishment, he shall by his commanding officer be put in arrest, if an officer, or if a non-com. officer or soldier, be imprisoned, until he shall be either tried by a ct.-mar., or shall be lawfully discharged by a proper authority." It clearly appears from the above article, that no punishment can be inflicted without a previous trial, and the concluding part of the above (48th) sec. directs the party to be tried "after his arrival at the place of his destination." The 21st art. of the 14th sec. directs, that "no officer or soldier who shall be put in arrest or imprisonment shall continue in his confinement more than eight days, or until such time as a ct.mar. can be conveniently assembled." The 48th sec. would therefore warrant any officer or soldier being kept in arrest or confinement during the whole voyage, should the necessity of adopting that measure arise. Under such circumstances the arrest or confinement of the party (except in cases of mutiny or outrageous conduct, when it may be necessary to put a soldier in irons) should not be too severe, but proper exercise be allowed to be taken, consistent with due security of person. But for neglects of duty, &c., such as would not, on shore, demand the assembly of a ct.mar., punishment might be awarded by the comg. officer, such as-assigning extra duty, stopping drams. The punishments of flogging, starting, ropesending, mastheading, or those of any disgraceful nature, are not allowable. With respect to H. M.'s troops embarked on board of Co.'s ships, a different course is directed by the instructions from the Horse Guards dated 24th May 1807, which order states, that "should it be necessary to hold a ct.-mar, on board, and to inflict punishment, the officer commanding will, in that case, also apply to know the hour, and part of the ship which the commander may consider most convenient for the infliction of the punishment, deferring the punishment as long as the commander shall think necessary, on his requiring it, and assigning his reason for so doing." The 18th regulation of the H. E. I. Co.'s instruction directs: "Should it be necessary to hold a court of inquiry on board, and to inflict punishment, the officer will in that case apply to the commander for that purpose. The members of the court of inquiry are to be selected by seniority, either from the military officers (should any be on board), or from the officers of the ship, with the exception of the prosecutor." This regulation is annulled by the above (48th) sec. of the Mutiny Act, as far as regarding the "infliction of punishment." If there be any complaint, &c. requiring investigation, there would be a court of inquiry held, the proceedings of which should be in writing, and all persons capable of giving any information should be fully examined—but not upon oath--with a view to a report of the case to the com. in chief at the presidency to which the accused is or are destined.—See arts. Complaint and Court of Inquiry, No. 1, &c.