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1907 


NOTE. 


The corrections necessitated by the Territorial and Reserve Foroes 
Act, 1907, have been made in the Army Act, and a copy of the first- 
mentioned Act will be found at the end of the Manual, but the Index 
contains no reference to the Territorial and Reserve Foroes Act. 


(We. 19947 40,000 11] 07-H&S 8384) 








ir TRRrAC. 


Of the Conn of the Vary af ola (a); Lt-Col. lke 
RM.LL; Thompson, of the Inner 
‘eal tho Kastor. ent the Army Act nnd 

to pesteiicteet pat writes Wy 8 
Geskpar ead ike Bees tha eatasbas notes of ihe amlces 


office of Advocate-Genoral, and the illustrations 
of have been framed by Col, Rocke, 
Tndge Advocate. Tho Index was framed by 

Le ot Uapoiats Tan (6). 

‘editorship of tho work was entrusted to Mr, 
G. Af FitzGerald, of the tary ‘Bar, WHO. has 

ing i ion been in constant communica’ 

the of the Parliament 


Elles, C.B., late Ansistant-, tant-General Ce has rendered 
aals aid during its whole progress. The Editor is 
much indebted to the criticisms and careful corrections 

of orn W. L. Selfe. 

Acknowledgment nlso is due to Major-General RB. Ci 
. eee late Deputy re ee x the free use of 

ry Law and "a work on the Mutiny Act 
acd Ate ‘Articles of ‘War, wh xl undertaken and completed 
shortly before the old form of the Military Code became 
obsolete. On this necount the work, although printed by 
authority at the War Office, was never published. 

‘The debt which the army owes to the lato Captain T. F. 
Simmons for his book on the Constitution and Practice of 
Courts-Martial, and to his son (sometime Major of Brigade, 
North-Fastern District, and now # Canon of York), the 
editor of subsoquont ditions, is well Keown, The book 
was tho only completo modern treatise on ractice of 
es oe which is almost as important ox i e military 


a of the editions were ondertaken at the request of the 

itary authorities, and in 1868 the editor was informed 

iyi the ine Aaivtont-tenernl that His Royal Highnoss the Ficld- 

farshial Commanding-in-Ohiet recognised the efforts he had 

made in collecting the precedents, rules nnd axioms which 
guided the a ministration of military law (d). 

‘The value of the labours of the author and editor has boon 
still farther illustrated by the new Rules of Procedure, 
which in many instances embody the course of procedure 
eg in * Simmons on Conrts-Martial,” 


‘Now Sir C. P, Mbort, K.C.8.1, and Clork of the House of 
& Pariinnenaty Cound.” i 
Now His Honour Judge Helie, 





re 
1, epcribing the canalotgn of regent oles previous to 
‘hy yeep ee al for olicers preparing for oan ee 





TE 


vi raErace 


ADVERTISEMENT TO ae beccit Lies 


to rlinguiah 1 the it iter eal Mn rr F 
Ps 


The chief changes ‘hie otien eed oto thn apiece 
fee Hsien iene Act 188 1899. 
tha perpen om tein 
also makes a few other slight changes in 


Rules. 
Chapter VI revised by Sir C. P. Ibert, who has 
been aided ii cae . Guy Granct, Barrister- 
at-Law. 


Chapter Vi has been rewrite: the Editor with the 
assistance aes Sir John Scott, ae, Doputy Judge 
Advocate-General, 


UX has been revised by Sir pats Jenkynx, who 
is indebted for valaablo ih age eee Mr. Oman, Fellow 
of Spek oen College, and Hassall, Stadent of Christ 


One Part 11 the Volunteor Acts have been added. A table 
of the Gee of the chapters bas been added, and the 
index recast in a shorter form, 


August, 1899. 


ADVERTISEMENT TO THE FIFTH EDITION. 


‘This edition has been edited by Mr. W, M. Graham. 
Harrison in succession to the late Editor, Mr. F, F. Liddell, 
she cpm on being appointed Second Parliamentary 


orn Yarious amendments made in the Army Act since) 
199 dtc) ane the introduction of the punishment of 
tion), and the re-organisation of the system of com- 

mands and of the War Oitice, have necessitated a new issue} 

of the Rules of Procedure (which is embodied in this 
oni ry and eee Se number of alterations in other} 





(@) Now Sreond Parliamentary Connecl, 


PREFACE, vii 

The index is entirely new, and has been prepared in 
the War Office, under the supervision of the Editor. 

The Editor is indebted to Mr. H. W. ©. Davis, Fellow 
lof Balliol College, Oxford, for several corrections in 
Chapters IT and IX. 

The Territorial and Reserve Forces Act, 1907, did not 
become law till after all the book was in type, and ia 
lconsequence it has been found impossible, without undaly 

ing the issue of this edition, to insert in Chapter XC 


delays 
lor elsewhere an eccount of all the alterations effested by 


that enactment. 


November, 1907. 


vii ‘PREFACE. 


Norn.—In a work covering so much ground there must inevitably 
be errors; any corrections or suggestions will be gratefully received ; 
they should be addressed to— 
“The Editor 
(Manual of Miltary Lan), 
Care of the Secretary of the War Office, 
‘War Office, 8.\V.” 


. CONTENTS. 





omarrae 
T—Inrgopveropy we eect tee 
‘Written by Lord Thring, 


TL.—History oy Muitary Law om - a ” 
‘Writen by Lord Thring. 


TII.—Catuns ayy Scauz oy Powisuqants .. 0 0s 
‘Written by Mr. G. A. R. FiteGerald. 


1V.—Anzzsr: Ivyzstiganiow sy Commanpine Orvici 
Summany Powrr or Commanpise Ovvicen: Pi 


vour-MamswaL 4, 0. we wee 
‘Written by Mr. G, A, R. FiteGerald, assisted by Sir H. Jenkyns. 











‘V.—Covrts-MartiaL .. oy m7 ” 
‘Written by Mr. G. A. B. FiteGerald, asalated by Sir H Jenkyns. 
VI—Evipexce .. os ms ns oy os 


‘Written by Sir C. P. Ibert. 


‘VIL.—Orvrexces Pumsnazuz sy Oxpouzy Law .. .. 


Originally written by Mr. A. C. Meysey-Thompeon, Q.C. 
‘Re-written by Mr. F. ¥. Liddell, 


‘VIII.—Pownns or Covats or Law in Retation to Covets- 
MARTIAL AND OFFICERS 0 06. te tet 
‘Written by Lt.-Col. Blake, RM.LI, and Mr. G. A.B. 


FitzGerald, 

(X,—History ov Tax Mizitany Fouces or Taz Crown.. 
‘Written by Sir H. Jenkyns. a 

MEwusruenr.. ee eet 


‘Written by Sir H. Jenkyne. 


X1—Oonstircrion or tax Mititany Forcss or THs 
Crown. eens ay are, 
‘Written by Sir H. Jenkyns. 
‘XIL.—Baxation or Orricuzs anp Soxprens ro Crvit Liva.. 
‘Writeen by Sir H. Jenkyna. 
XIUI.—Sommary or tus Law or Riot axp [wsveaxcrion.. 
‘Wriven by Lord Thring. 


XIV.—Tax Laws axp Customs oy War ox Laxp .. . 


PAGE 


1s 


146 


185 


192 





x ! CONTENTS. 
PART I. 
‘Tux Anuy (Awvat) Aor, 1906...  .. ¥ 
Tus Any Act, with Notes .. at (wad 
Rous ar Procgpuse, with Notes Remo 
ndix I. (Forme of Charges)... 
er Tilustrations of Charges... 






Appendix IT. (Forms as to Oourta-Ma 
‘Memoranda for the guidance of Court 
ndix III. (Forms of Commitment) 





Forms .. abe aes 
Bours yor Frerp PuNiseMenT .. 20. 
Form or Covar-Martian Wanganrs .. 





Fox or Arrucation ror Covnt-Marsiat . 
Ones rx Couxor (Drscreuima on Boanp Surv). .. 





PART Ilr, 


‘Miscmztavnous Exsorumnrs, ReovLatioxs, axp Forus. 


Kcxtract from the Petition of Right... 
Extracts from Railway Acts... 
Regulation of the Forces Act, 1871 (unrepealed sections) 
Extract from National Defence Act, 1888. 
Reserve Forces Act, 1882 4. 4. 
Reserve Forces Act, 1800 ai, 
Reverve Forces and Militia Act, 1808 

Reserve Forces Act, 1899 
Reserre Forces Act, 1900 
Roserve Forces Act, 1906 
Militia Act, 1882 ., aCe 
Extract from the Reserve Forces and Militia Act, 1998.» 
Militia aud Yeomanry Act,1901 4. 4. wea 
Militia and Yeomanry Act, 1902 .. 0 6. eww 
Volunteer Act, 1863... we ete we 
Volunteer Act, 1869... ee ne ae a 
Extract from the Regulation of the Forces Act, 1881 
Volunteer Act, 1895... «se ae 

Volunteer Act, 1897 
Volunteer Act,1900.. 4. 0. + 
Regimental Debts Act, 1898, .. wee 
Regulations under Regimental Debts Act, 1893 .. 
Royal Warrant—Soldiers' Effects Fund... 
Territorial and Reserve Forces Act, 1907... 
Teper ie se ey Wee se ise 


























aii LIST OF ABBREVIATED REFERENCES. 

LB, O.OR. ++| Law Reporte, Crown Cases Reserved. 
LR, Ex, ++! Law Beports, Exchequer. 

LE, HL. ae 








Law Reports, English and Irish Appeals (House 
‘ot Lords)” 


LB,P.O. .. _«.. Law Reporta, Privy Council Appeals. 
LE,QB. ., — «.! Law Reporte, Queen's Bench. 





LE, QBD. .. — ... Law Reports, Queen’s Bench Division, 

LE.[18 ]A.0. .. Law Reports, Appoal Cases since 1890. 

LR.[18 ]Ch, —... Law Reports, Chancery Division, since 1890. 

LE.[19 ] EB... Law Reports, King’s Bench Division, since 

LR. [18 ]Q.B.  ..! Law Reports, Queen's Bench Division, 1890 
| to 1901, A 


++! Lewin's Crown Cases. 

Journals of the House of Lords. 

Lord Raymond’s Reports, 2 vols, 4th edition, 
17932. 


‘Manning and Granger's Reports. 

‘Maule and Selwyn’s Reports, 6 vols, 1814-29. 

‘Meeton and Welaby’s Reports, 16 vols, 1887-49. 

++ Modern Reports, 12 vols. 5th edition, 1798. 

«+| Moody's Crown Cases Reserved. 

‘Shower’s Reports, 2 vole, 2nd edition, 1794. 

Smith's Leading Cases, 11th edition. 

‘Stephen's Commentaries on the Laws of England, 

i vols, 14th edition, 1908. 

tinh ii Ta | tT cea 

Steph. Dig. Ev. “| Eee ken KOaL ob eaiaon TOK 

‘Stubbs, Constit. Hist...! Constitutional History of England, by William 
| Stubbs, M.A. Regius Professor of Modern 











| History, Oxford. 
Taunt... s+ s+) Taunton's Reports (Common Pleas, 1807-18), 
8 vols, 
TR... .. as! Term Reporte (Durnford and Kast), 4 vols. 
 ”"Vrea-1809. 


WR... as! Weekly Reporter (Irish). 
Well. Deep... «+! Wellington Despatches, 1888, 
Wilson's Rep... ..| Wileon’s Reporte, 



































xiv REFERENCES TO KING'S REGULATIONS. 
7 
King’s Regulations, | Ming's Regulations, 
Eom ne 
In 
7 MLL 
1908 1007 1008 eo 
Baition, waition, Baition. altion. 
we | mu | ae | ot a 
308 453, 4 ret | 508 
208 5, | 49 303 
308 109 a 203, 283 
310 cy ort 463, ct oot 
no 4480 asta as a 
310 a tor | a8 J 
310 4 499 rt san 
310 , cc 
310 49 513,513 or a8 
310 ‘lo “7 45 40 
m 43 S08 as a 
a wu 05, 4s, 490, 401 
in oa a ast 490-507 
PH 401 | at 508813 
3a 460466 495501 ar cr 
3a 44 | 4 485, tot 
aa ss 485,507 | “03 
33 a : iss 
as 483 408 wisn | 64 
3 a5 6 4 580, 
a3 an 3} sareent 
By ng oe] as, 816, 873 
ms 238, 500, 43 380) 
Be 522-836 sero || 483 ‘sn 
6 ag 465 312 
as 425, 458 ny 38 
ms 19585 9006 388 
St pire) 800005, 88 toi6, 1a 
a 386 oor 46 883 
ET 6202 47000 456 581 
sa 07200 ar 180, $90 
4 35 eor_ait ar 01 
35 425, “6 487 888, 80 
iar 200, 501 610, 611 ss 1592, 504 
iar 435 4 508 
Be 19 be 43 53 
at a2 63 455 600, ef v09. 
3a 184 i 458 i) 
a 447 “70 48 603, 608 
3a 012818 18 4s 605 
as ne eov—tia 
aa 388 “9 388 
Bae | ttetoes | 260, fog. ‘ oo 
as Tae oa 515 
xB 18 a3 ri} 
ae 1H am om 
xe isa a3 si 
dar | mias—aise | 19001008 sa 
381 332 207 £08, 
a61 | 160787 | 325~o60 1095 
3a | usr—arse | 270379 389 
332 | aae—ime | p21 500 
3 | 1az0—1saa | 408408. 3B 60678 
361 1790-1805 376, 30 335 a os 
gor | sais | agar 335 30 ser 
251 14a ‘261 335 a5 48 
amt 2165 1935 135 438 ar 
ae | 627, etseg. | 645, etre. 325 a a8 
385 (rr) ty aa 
388 469 204, 508 535 ro ot 
308 1908 (vit) 300 (vit) so ry Sal 
at 550885 317, 40 332 8 $63 
3 456 de sit 30 355 
on «0 508 y 
z i 








qm... 





CONTENTS OF CHATTER. 





Omarren TIL—Oniues awn Scare or Penranscnyra 


\rraryyy ner en cae ” 


Principle of claasit 
Ofenoes dealt with in thin chapter ” 
Dotinition of 












Doflnition of gravor cae ‘of dinobedience 
of ae offence of disobedience, 





ck ei 3 

* rel 
Desettion and absence without lonve 
Yridence of intontion not to return». 
Distance by iteelf not criterion 


i oft 
Jurisdiction of oarsona to try drunkenness of private: solar 


Drunkenness of soldier on duty 
Drankennres of soldier after boing warned for duty” 
Drunkeanoss of soldier not on duty... ee 
Drunkssues Sreccee4 peeves. to Read crime 
Conduet to tiow of mi lisci pline 
‘Offences comonlted "on. pee re 
‘Offences punishable by ordinary law .. 
Scale of punishments .. 
Punishment of detention 
hment as 
Articlesof War... 











vivnualindgeedeveeuaeeneeyeEEn SSSeS BE =f 


SEEESSSH 


Onarren TV.—Annter; Ixreerioavioy wy Commaxpiya Orrican: 
Svummaur Powsn or Commaspisa Oreoxe: Provost Maasy au 


() devest, 
Mae east of perce charged with once 





javeatigation| 














xviii CONTENTS OF CHAPTERS. 


General provisions 
President... ” oo 
Remarks on trial of offences by different courte. 
Convening officer— 
Of regimental court .. 
OF district court . 
Of general court... 
‘Warrante for convening in U.K... Hd 
In India and elsewhere out of U.K... 6. 
Contente of warrants .. 
Powers under warrant for convening gener ‘courte-martial 
Field general court-martial 
Object of field general court : 
Constitution and powers w. wee teas 




















Application for court-martial by commanding oficer 

Duty of convening officer in considering application for court-martial 

Power to refer to superior authority .. 7 

Considerations to be borne in mind by convening officer. 

Removal of offender for trial 

Notico to accused of charges, £0, 

‘Accused to have opportunity of preparing defence .. 

‘Assembly of court 

Hours of sitting... 

Proceedings before commencement of. ‘rial 

Eligibility and freedom from disqualification 
fombers of court... vs vw 









President “ on oe 
Judge advocate. 
Adjournment if oourt not properly consitnted, or sectsed not 
ly charged .. . 
Amshabllity of eocused to jurisdiction’ ‘ 
Prosecutor may be present. ee < a 


Conclusion of preliminary proceedings 
Seat for accused, when allowed 

Objections by accused to members of court... 
Procedure if objections allowed =... 





Swearing of— 
Members. ay ~ Bae 
Tudge advocate and officers attending for instruction 1)! 
Shorthand writer and interpreter .. sites CN se 





Court may be sworn to try several offenders 

Arraignment of accused =. 

Claim of accused persons to be tried separately 

Objection by accused to charge before ‘ae 

Plea to jurisdiction of court .. 

Plea in oe . 

Plea of “ Ity o . ” ” 

Procedareon i Plea of guilty” 

Refusal to plead, de. «+ 

Plea of not guilty” 

Duty of prosecutor. 

‘Examination of witnesses for prosecution 

Defence of accused. 

Procedure if accused calls witnesses other than witnessesto character 

Latitude allowed in defence .. 

Court not to be influenced by supposed intention of convening 
officer see He as ‘ 

Friend of acoued 2232 























SS SHRRGRGSEERLSCELES SSEBE 





x CORTENTS OF CHAPTENA. 


(66) Wat farts are axrmmed f0 be knows. 


Jedicial notice .. + - os - oy 
‘Matters of which judicial notice will be taken: o ” ” 


(iii) By which aide proof wast be gieen. 





Character not evidence for prowcutic 
Character admissible me for defonce 
of aridence as to character . - 
Evidence of faete tending to ahow gonoral dirposition not admissible 
Where several offences iain cE wai nea 
proof of another 
‘Facts showing intention: knowledge, belief, &o. 
Facts showing intention (further (lustrations) 
Evidence ws ears —— (eed conduct, 














eenriess 
Act vonrirtors s 
ee teri dering 

Milustrations of sridencs adniasbl on charge of car 
= sg read ina ga oping 
fatten pee as 
a 
Primary an 






Distinction between private and pi 
evidence of private 

Secondary evidence of private documents, how given 

Public documents, what deemed to be 

Primary and svondary evidence ot publi doouments 3) te 

Provisions of Documentary Evidence Act as to certain dooumente 

Spaial provisions of Army Act na to dowuments provable by copies 
gan to ae evidence, not apgieable to dletineion between 
five snd indir oridecen sine 


‘of circumstantial evidence 
Matas pesitnaitvenes between soon and bad 














Sel ae lence doce not wean strongest pov ble aiturance 
Number of witnesses roquisite of 





Statements made in presence of pete gery not feta 
Dying declarvtions = 

Dying declarations, ilustrations of rules. 
‘Siacemonte forming part of res gestae «5 - 
Suabeatiata forming part of roe fester: Ohisiekilcns cf wala’ “sy 
Special rulo in caso ie toeesttatedeicon it 








vAaE 


S2SSRERRG5R FF aasseseaessees: snep S28 ssessesses 








xaii CONTENTS OF CHAPTERS. 


(viik.) How Evidence is to be given. 


‘Mode of giving evidence dealt with by rules 
Points requiring attontion of court .. 
Examination of witnesses or . on 
Leading questions. Now cag 
Tost of what ure leading questions :. 
‘Examples of fair and unfair questions 
Rule as to directing attention to particular porsoi 
Exceptions in case of hostile witness a 
Rules as to cross-examination ii 
Further observations on cross-examination .. —« 
Exclusion of evidence to contradict answers us to questions testing 














veracity .. + Mice ee OE 
Cros-examination as to previous statements . 
eaching credit of witnesses =. 


asto re-examination. 
Diucration of court as to enforcing rules 





Cuarren, VII.—Ovrancns Puxtsaanie sy Onpixany Law. 


Introductory. 











Liability of soldier to civil aa well as military law... 85 

Jurisdiction of military courts over civil offences... 85 

Principles on which jurisdiction should be exercised 85 

Scheme of the chapter ae nooo 86 
i.) Punishmente, 

Punishments . oo oe 7 oo 6 

Other consequences of convictions :. 1. kt 87 





(ii) Responsibility for Crime. 
Criminal respovsibility 
Children 
Tssaie ‘persons 
'empo! into: 
Compulsion. 
Necessity 
Ignorance of law. 
Ignorance of fact 
Parties to offence 
Tnnocent agent 
Assisting in offence 
‘Common intent te ae aes 
Instigating an offence., = 6. sk 
Knowledge of intended offence 1. 
Accessory before the fact... 
‘Accessory after the fact 
Attempt to commit offence .. 1. 
Intention =. ewe 
Consent .. 

















LSSSSSSSSSSSSSSRELS 








Accident 1. oe Veg 92 

Negligence. owe 92 
Responsibility for use of Force. 

Use of force .. i 92 

Amount of force to be used ve 92 


Cases in which use of force 





CONTENTS OF CHAPTERS, xxiii 


Pagu 
(iv.) Responsibility for Acts of Omission. 
Acta of omission +8 os 
Omission to perform duty ES 9 





(c.) Assaults and Sexual Offences. 
Assault». + 


‘Aggravated assault 
Indecent assaults 


Carnal knowledge of a child}... 
Procuring girl to become a prostitute, &. 
Abduction... 

Procuring abortion 








Sodom; Rtn bret 
Acts of indecency 3. ss 
Disorderly houses 





Dangerousact .. 1 ste 
(0i,) Offences against Children and Servants, 


















Lltreatment of children 97 
Abandonment of children 97 
Concealment of birth 97 
Neglect of servants 98 
Homicide sf 98 
Murder .. 98 
Letters threatening to murder” 99 
Manslaughter .. 99 
Tost of sufficiency of 99 
Attempt to murder 99 
Conspiracy to murder 100 
(vis) Theft and Cognate Offences, 
Theft .. 100 
Possession of lost property and ad posesion by sorvante 101 
Btealing lost property se 101 





Embezzlement .. oo 
Conviction for theft on charge 
Embezzlement by persons in public 
Obtaining goods by false pretences .. 
Gonviction of theft on charge of obtaining by | “ale pretence 
Robbery z < 
peorien: 3 + ‘si 

reakin, enter urs i oe 
Beoelving stilen be. ae : 
Cheating, ko. wee ete tte we 108 














(iz.) Forgery ; Perjury; Coinage Offences ; Personation. 





Forgery « hoe Ge F 105 
Uttering forged documenta ers 4 105 
Possession of forged notes, & ay 106 
Perjury .. oe oe oe - . ss 106 
Coinage offences’. diy ae tee 108 
Ottering = gee Waa tee 106 
Olipping a 7 - a «se 107 





Personation ..  « Be) let sw vay cigs ROT, 





sxiv CONTESTS OF CHAPTERS. 


(e) Matioious Injury to Properta, 
Malicious injury to propertyes oe aso 


Ce ecaele ceraaiciasisjuy:: ss 
(xt.), Misceitoncows Offences, 







(Offences relating to tho obstrvotion of justica 


Tanta o7 Orrasexs axp Poxwumerre .. - - 


Owarren VII.—Powsne or Counts oy Law 1x Razarrox 


Coomrs-MAMriAL asp Orricnss. 


Introductory. 
int an fiers sere fur nets dove without ot in 
excess of jurisdiction 35 


ina of juin ati only itary pos 
Hein tention cakes sereseas ve tay 


oop ‘eoting without (Rar 1. ye 
BeuliAusing whol jeinislen 
Kaxcess of jurisdiction .. Be coe tse 

fodes of ition of courts of law 3, ss te 


(i) Writ of Prokitivion, 
Defivition of the writ of probibition =... 
‘When prohibition will issue 

















Disobedience of prohibition 


(ii) Wit of Certéorark, 


Definition of the writ of certiorsri .. 
Wien certiorari will inne. 





a 
Lap doe pare we 
Bofura! of wy 


bd 
No distinction betweon his caso and Mansorg 


(ik) Writ of Habeas Corpus, 


Wiph of Mabe Cores, tho remedy agninas eg! custorly 
When Sabese corpus will issue. 
‘What isn suiloient return to weit 2, 








General disinclination of courte to interery with matters of 


Bele wisi granted — + 

Bale discharged 

Sufficioncy of retura that y 
‘competent court 











nar 
Actions for aogligenoe .. eee ae 
Weaver <. Wi ” “ - - ” 10 
Cone of HLAES. Valoano 40 far co foe 





Nowl {far hostile ucta dono by suthority of Goverainent ;. 441 
(0) Liability to eriminat proceedia: 








‘Case of Goversor ids wae a o a a 














‘Onso of Sir Thomas Picton, 1806 .. - - “ 
Exooution of santencos, kay. sn, oe 
Ses Protection of persons acting wnder the Army Act wed ester 
st pons acting wander Giatute.. 5.9) 1s 
recrenne! cebepte Bas TS at 
Onavrer IX.—Hierony ov run Mrtrrany Foucns ov rian Cnowx. 
Object of chapter: ” - 48 
ees petiods © Blotorg st fossos ae 46 
Birt Period-—Gereral aad Feedat Les 
General linbility to service in carly times .. or 
Double agpect cf thiawervioe ws» saan 
fain canis : = aeead 
ma of purreyance .. ve ei 





or Eso 
In one of rea pe nota and contributions to "expenses 
Mode of calling out faudal levy 
Questions ae to legality of commiaions for purporw of foreign 
worviog a. . “ “ «100 
Resistance of Purlismont —°. 160 
lee during Wars of the Roses and in the time of Tudors we 
Repeal of Armour Aote in reign of James 1... “ “ 
Commiriogs of musters and trainod bande .. a 
Commissions of musters, « grierunoo under Charl 
Tm wont declared illegal by Long Parliament .. 
ped tens er miltia enor aston: . é 











of desertion atter Revoluiion .. - 

















Ch 1862 and - 
pners of Lord Lieutenant, oe Orsi by fet of ir 
iLitia oflcers 





ofexpenses of militia. 
seein 
Storage of arras, ke. a local charge tll 187)” 


Rated 
fasajlice of tilitiamen 
of militinre the 











Miliis of Troland. Fit A 
ending Acts . 
Rew stiet Utes. 








Early vol volunteer corps 
‘Acie of 1704 and 1802 
Potion of Yeoman ip to Hor 2 


Present position of Yeomay: - . 
Revival stvolunteersin 1658-12 S. se 





Mlletine ie ne ta we vm 
leting ‘exoept 10 ie expr ly aut] ve ” ” 
Dilleti mate Hee sos ag 


billeting while barrack aecouunodation insufficient :. 178 
Cheeks on abuas of praction x. 2 eek nee 
Romios authority fur billeting” =. 1 ne 
Billeting the militias. wee 8D 





Imprenemeat of Carrisger, 


Prerogative right of purvayance 6. ne we we we ED 
Traprrosment under the Mutiny Aot .- ie 189 
Sevilood and Iriand .. 6st 3 + BU 

















of fal Marines to arm: . i 
raul of Boral Mani a: a Pe 


Aucitiany Fores, 


Connection Detween uxiliary aud regular forves 
Se corpe with regulars 





ood ” 
Provisions of Sane “aot, tise, “Tieuterante 


jeputy-leutenante - 
Government of militin +. 
‘umber and rolantazy enliatinant of men .. 
Officersnnd sta wee 





ig of reoruits 
Annum! training and teres. 
Embodim 





Disembodiment RS 
Application of military Inw to wiliti is 
Talslewch istotrguetoree css 
Fraudulent enlistivent by militinman <2 
Dovertion and ubvouce without Ieeve 
Sereice = 
Hscoptional peton of cortnin localities <2 
inl Yoon 

of diferente bet ween Feommiiry and Mili 

Oficars of yoomanry =~ Sake 


Volunteors of Great Britain .. ” “ 


‘CONTENTS OF CHAPTERS, 








pee 2 
SSSSSEE5 


195 
196 


SSS5SRER 


88 3583 


BRSESESESSRREREeeaASes SEE 








xxii CONTENTS OF CHAPTERS. 
rAon 

Summary of law as to force to be used— 
In case of unlawful assembly 218 
In case of riot 219 
In case of insurrection 219 








Application of preceding observatio ling civil pow 
Division of responsibilty between magistrates and military ofleer 219 
Opinion of Sir Churles Napier =. hee 220 
Note,—Eatract from report of Committee on Featherstone Riot. 





Onaerze XIV.—Tux Laws axp Customs or Wan on Laxp. 





Note .. . oe oe 222 
Geneva Convention, 1864: is ss 223 
Deolaration of St, Peter-bury ne 288 
Regulations suneard to the Hagad Convention ee 28 





Geneva Convention, 1906 Bi a5, Meaa ete ae Sa 





if 
' 


jot war.” 


INTRODUCTORY. 


and when force erases to be wu the 
or pgfan pe bry 


af a 
ii 
i 


fi 
i 
i 
1 


by his military 


‘of war have effect: only in the ease af 
of troops in time of war, and ion of 


verna hi by milit las 3 
Sanat et Goailc ot premeeae 
pare ot the fountry ‘which he oom 

EM 

the one hand, the safety of his army, and, 
Qa the other, the good government of the district by 

occupation, im for the time being deprived of its 
thus administered by ing general to the 
‘aa be edna the wall of the. 


a 
G 
iB 


H 
Le 
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F 
a 
i 
: 
g 


i 
& 
E: 


: 
aa 


ice habe (etl, ese ree 
i on i © ly or illegality of the laws 


ined Ay human court, and that no aj tom 
of law lies from his fadgment ; onthe other certain 
‘on the practice of civilised nations and in 

i anent between then, have been extab- 

to which officers are bound to conform in the administration 
also 


i 
: 


rf 
iy 
E 
& 

E 


those rules are called the 

fs id customs vf war 

down certain regulations (Which are binding between belli 

partly by virtue of international custom and partly in a 

written agreements) as to the mode of conducting warfare andl 

the necessary intercourse between combatant forces, 

7. The expression “laws and customs of war” hus now been, 

adopted instead of the expression customs of war” which waa} 

formerh in this manual, but gives a misleading iny 

u the roles in question at the present day. Tt is 

no doubt true that a law, to the mind of an Englishman, conveys 
a defined 


Ls 
i 
a 
i 
ze 


the idea of defined and rigid rule, which must be obeyed in all 
circumstances and at all risks, and the infraction of which involves 
crime punishable by legally constituted tribunal. "But although 


‘the “laws and customs of war” consiat of rules the enforcement of 
which must vary considerably, according to cincumatances, and 
must, in the case of a amuilitary occupation of territory, be suby 
ordinate to the of the occupying army, the greater bulk] 
of the rules in question have, within the last forty years, been| 
reduced into definite shape aud expressed in written agreements,| 
which moat civilised powers have become parties, Some, however 
riiles are atill only customs, preserved by military tradition 
the works of international juriate, 
dicate, the mixed chatacter of these rules, as] 
lew 


af 


therefor 
part definite rules based on international agreement and 
riles not precisely defined and resting only ow in 

the expression “laws and customs of war” is here 


Ee 
BE. 


a 





eas 
: 
i 


ratory ‘the "custom of ‘YY 
eshte Laer man ae anaes 


E 
z 











4 ixTRopuCcronr. 
"ag regulations and forms eolating to the Army, and the reerre and 
ge, “48. Ax will be ween econ, the Reval Marinos, who 


of any 
Mutiny Act passed for th have now 
Bee sett thee ack oe the books of o Kiya eicane 


SherArmy Ach 
SPLOT wal fs aieerid) ibat, nb sesalion ‘hse/eee ema 











oeexpres: "© martial law" the branches ef law with which this 
iSiee* doula The reason for this will now be shortly explained; but in 
af the great confusion attaching to tho use of the torm “marti 


Jaw,” ite proper meaning must as a necessary prolis 


“Martial Law," then, in the | pecan of the term, means 
naion of ordinary law aud the government of a 

atks of it by malltacy tribunals and must be clearly distin; 

‘im the first place from * military law,” the nature of wl 

|e abore in dh (3), and with which it has so 
identified (6), and in the wecond place from that “martial law: 

whieh forme of the laws and customs of war, 

‘Tho law of most forvign countries recogalnes a0, inboraig 
atate between war and peace, known by 


Iamation, and the country ix aubordinated in 
erin te ay Authority by eroussiton, but mach a 


law, term, can be 
fa the United, Kingdom or in a self governing British 





of Lord Alverstone, O, Jy tn 

1.0, 21 (1) 700) 43 Goo. EEL 
hi Non ssnddor ie 
I tase Dy thu Crown 








6 
CHAPTER Il. 
HISTORY OF MILITARY LAW. 


tessa "military law” boi pera 
Peasla nat colt ibe airport the administrative lato. 
Woalareag, a fo Sastanoes the ie of salietivent naj Diletta 


however, the term is usod only in the restrictive senag 
in 


ject, acta i 
Speen Ta A 0g, Meurtion Se dhokecaaake Dr 
tuntiet, iF committed by soldiers oven 6 of peace, 
‘offences, with jos attached to them who, on active 


ree 
terre 

i 
ePhse 
a 
lit 

ia 
aa i 
Gh dul 


Hi 
i i 
a2 
Ea 
i 
4s 
FA 
I 
3 
ul 


i 
: 
i 
| 


i 
eS 
Fe 
i 
: 
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i 


ment they were inmued, and ceased to operate on the com 
of peace’ Military law, in time of pence, did not come into: 


F 


ae 
: 4 
Z 
He 
a 
: 
Z 
= 
= 
i 
Hf 


statutary power (¢). 
Acoountof — B. anasto 
the occasions of 





Grone, Mi. Antauilien. pO Rex Cananon to Ngmor Faces 
dines 3 Wikon’ Rep. mt 
Atutins Ne of ibs (63 


lire 2. 
ea coy printed tn Grose SUL Aitiquities Me yp. Ot op, 
=La_ Gree aunlgulten 1 peo G7 tle ML atagtlen. pe 











MOTORE OF MILITARY LAW, 


8 

re ‘Constable, 
Lord Hi abe ee ke gh oot 
tha Marshal, er Earl Marsal, whows duty it was €3 tarsbal. 
stay ado eer reo the pers Tisble to acre the 


‘the common law of the and which ought to be 
examined and discossed by the common law, shall not hereafter be 
by means drawn or holden before the Constable and 
‘but ‘the court of the said Constable and Marshal shall have 
that which belongeth to the said court;” while the second 
(13 Rich TT, wat. 1, ¢ 2, 1389) declared the jurisdiction’ of the 
court: to conaiat in the Vp newer of contracts: tacliing doetaey 
arms, and of war out of the realm, and also of things that touch 
arms or war within the realm which cannot be determined nor 
the common Taw, with other usages and chstoms to 
‘the came matters pertaining,” 

At. The criminal furledietim 0 of the Court, except in time of 
war, was confined to tho punishment of murder and other civil 
crimes committed by ‘Engtishmen in fe lands (2). In time of 
‘war, however, its don ‘was extended, and the court, which 
Yan more usnally caled the Court of the Constatile, 
somewhat of the character of Sept 7 me it 








Sey gn account of th duties of the Constabe an Marsha, tn Stabe, Conus 
asa Sea ae See alo Grose, Ma. assisted 


as Keath 2 is 
ipa 


i 
“tie Court ‘ec “ja stem ot Ceeeteesiate 
1 Giese 





‘aon ininngement Soe 





Ss 


MISTORY OF MILITARY LAW. 


a 
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a 
iz 


if 
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fe 
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iN 


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= 


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Hue 
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aie 
ie 


; 
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oe offences by courts-martial, ex) in mn 
aoe amounting to aoe 
line, shaslone: wan = of lax; 
aoe on pec hoeen af Witla and ‘Mary the maintenance a 
the army waa sanctioned by Soa Joao lnciptine 
general disiffection wet among en 
ag Power® being granted for their coercion. 


‘of the Habeas Saar ‘Act, the neceusit} was urged of &1ieeoure for 
the regulation of the armiy (6 and on the 12th leury wax given ta 


bring in a Bl to punish motinears and dosertars 
for iited tim, and a ommtteo was 9 es wi 
iw 


Almost at the Lae time 800 men enlis by James 
heen Cea by William to embark fer Holland, mutinied at 
pte) and marebed northward, declaring that Jaines was thei 
snd. vay they sould live and die by hie ; and thia 4 
whi reported to beth Hones on the 16th March 
doubitow t facilitated the pausing of the Bill, which eae ‘intro- 


duced into the House of Commons an the 18th, and having parsed 
hrongh all itm stages hy the Seth, was hy the ean 
oes the same day, and received the Royal Assent on the ni 





it Boectarian aa Royal Commtesion on Recruiting: the Army, 


Cetheus ter Hist, tag tik) 10 Comic, Journ. 
serrate One one. . 
Content Part, Hat 
) 10 Coram, Journ... Oo a, Me @®\ 16 Lords Journ. 164, 168, 








w ‘MISTORY OF MILITARY LAW. 


Ch. TT. 2% From L608 to 1702 the nation at peace, and the Mutiny 
Sa Act was allowed to The greater fat of the army was 
Not disbanded at the sume time, and though the King wax allowed 
comes hy statute (10 Will, IIT, ¢ 1) to maintain 7,000 troops in England: 
fimgor” and 1: Ineland, no special powers were confernd pan him, 

pace, for their government. 
Renewslot — 34, On the renewal of hostilities in 1702, the Mutiny Act was 
BGG. sovived, aud extonted to Irelands tnd fn ihe nest your dunes 
were for the better enforcement of which 
provided that cortain offences committed should be triable 
im England as treason or felony. These clauses, however, were 

fs 


i ‘ing the power of the Crown to make 
SGrtcten of Wee tun conattata Sourns oavtak und Sadler peti 


i 
J 
: 
! 
if 


Act 

ug.on ve Majesty's service,” by which mutiny, desertion, and certain other 

tere Doren cre neta pamthable ter cack prctalsneierrea aT Ome 

Prsten martial shoul adjudgo, not extending to life or limb; power 

rat the eame time given to inflict by sentence of 

in being at the hi f court-martial 
corporal puniahment not ing to life or limb, on soldiers for 

ty Mullny immoralitien, misbehaviour, or neglect of duty. of 


mame time the difficulty was felt of maintaining discipline 
the troops in the ‘nd elaewhare out of the kingdom, ax ‘he 
Prsmgative power of governing mic by Article of War 
suspended conclusion statutory 
power waa tharefore given to the Crown to wake Articles of War 
and constitute courtetmartial in any of Her Majesty's dominions 
in euch matnor 








Power 
Siar acl rove in maintaining 
oft kit 


egdoms “or though troops werving isewhere in the densttlony 
cof the Crown right be dealt with ander atatutory Articles of War, 


tet teva under a different law. i ‘then 
existing Mutiny Act(e), by imposing u punishment for the most 
rious mil rad ieee superseded the prerogative power of 
aise fee of War in respect of those offences, though com- 
mi 


troops engaged in war by reason of the rebellion, but 
uiler the, Agt-waa n0b,to extend to like Be 





, ce now known as frandulent endiste 
Great Britain and Ireland, and omferring on the Crown 














i BUSTORT OF MILITARY LAW. 


Oh, referred to, as to whether the Mutiny Act snd statutory 
tien enter to the army when engaged ie 
count 
81. Ia} 43 Geo, the great change rondo 
extending th Satta the iiatalory Articles of Wat ts 
‘the army whether iin or.without the dominions of the Crown. 
‘This alteration also was made on the occasion of a ‘the Peace 


HY 
Fa tlie 
lias Hi 
Hun Hal 
vig ie 
Hell iil 
au 
tide 

L 





‘continued ever since, and the army, both in poace and 
Jay Act and atatutcey "Articles 


‘bist Thin brings ws to the Army Discipline nnd Regulation 

mand 1879. ‘The inconvenience of bated a miliary soda’ poset 

‘a. inan Act of Parliament and in Artioles of War made under 
and deriving validity from ‘Act had long been felt, aud led 
at longth to the consolidation of the provisions of the Mutiny Act 
and Articles of War in one statute. 


FE 
3 
i 
= 
e 





nt over the discipline requisite for the government of the army. (¢) 
Theor 4 amending the Army Act, 
of which considerable use haa boen made, 

















tion of the law, or to incite any person to commit any erime in 
a Tis Majesty abject to mine discontent in aatrton| 
subjects, or to promote feelings of 

sn ise ere ee — of be eee a eee 

in not it) on acts in good ith, mere Fe 

wb el overs or defects in the eee. or constitution oF 

a saanir aston of justice, or to Promote alesrntion of the law 
logal means, or to point out, with a view to their removal, 

punters which “have altendency: to. produce, feelings’ Of hateod 

Detween different lumen ef Tile Ma sty’s subjecte. TE da sess 

however, intended a Bee part Dale in at Ii 

enter on any auch course af action ar discussion, buat: simply vo paint 

es ie meaning of the term sedition. 

Resin! with the offence of fap st is the offence of 
dinbstience toa lawfal command, which is = hable under ® 9 
es the Act (a) No offences differ more in than offences of 

this class, The dixobedience mar be of trie character, or may 
be an offence of the most serious description, amounting, if treo or 


eto ete join in it, to muti aaae ly th oct. of this 
; “ta Se tates ti Zuch ‘manoer ww te 


the ‘ow a wilful leftamce. 
pe maate so and should be disobedience of a ye command 
Pane Ia esis i Ae SRS joer; 
pen deen eae Gs id be mi 
eee Tn order to convict a man 
must be shown (1) than « lawful command was given by a superior 





(0) For the history of this enaotanent, 9ee Cleo, MUL. Forces b pts 





Hier Fat 
Hh 








al rH ee Wig ih 
en a 


el eee BES 


k ih ita 


hi 


of 
soaroely quit 


the 


i 


Hon not 


ti 


may 


int 


be char; whervas ho 
and tho evidence of 


teable Uiatench,cnad yoo 


(ESE bri kr Si Sane, 





io particular service it 
‘he conducted hit oe ae 
he did not intend to return to the service, but changed his mind 
—he Reba pared Pay of desortion and may be tried 
a as already ol it will except in vory, 
speclal ctava, to prefer « chasge for fraudalent alone, 
traning "390 Stouling and Ebeaslement Ordinary thefts trom elviliann 
imi ag, are left by the Act to be dealt with by the civil courta, or they may 
when tried be tried exuctanetial indore. 4. au civil OSuRuanf rh doe 
acai’ offence of ‘stealing or embezzling the money or property of an 
‘officer or soldier or of any military institutioa has, in accordance 
RAE Cae Sree teste: Deen ie expennely Pee ae 
23. Stealing from a comrade ia an dingraceful, 
fant that in the daily routine of barrack jer mnt eon: 


i 
M 
! 
i 


z. 


ee 
i 


to atea! 
of am artiole without that intent in not criminal 


2 
fe 
i 
us 
: 
2 
u 
ie 
&. 


evidence ax to any which 
have prevailed in a particular room, or aa between the accused 
artes or other comrades, and a to any other 

leche yg show whether the accused might reason- 
ably vgs vied his om the Soe ca | wes 
to, The row an article does not, of course, by itself prove 
“that the article was not stolen, but evidence of the above nature 
will often go far to show whether an article was in fact atolen or 
snot. ‘in, the accused may show that he obtained the articles in 
<n bond fide transaction, or that ho found them apparently without 
an owner, and without any name cr mark on them by which the 
-owner could be found. a ee found in the 


stole the articles. They might have been put there unknown to 

Nim, perlaps intentional 

in such a cine be tried for atoaling unless thera are other clreur, 

Mances from, which it, might be fo 

hie valine or bed with his knowledge. Evidence that a soldier waa 

apse thief, or that he had on previous scensions stolen other 
from other comrades, ix not admissible to show that he 

“had ing todo with « yurticular theft; but auch facta 

be adduced ax evidence that the taking of articles found fn 

jocwnt (‘The im possession by ono 
eae, where there isno evidence of theft, 
iw not an offence against the comrade, 














‘Gh. TTT, punishment, in cashiering (a); and the civil offence of murder tn 


i 


which case death is the 
The eats 





it, imprisonment. The 
th in ible to & 4 of the Army 
Cink le htc as Eee 


0 Arm) bead and aes “" ia ny, 
sul copa aching to imprisonment, 
shall in the A 


a een mee for any offence cou 
soldier on active trices ‘etd punishment, than 
as may be coat eae ‘les made by a Secretary of State, 


rules made i 
ferred to for further details on this subject. (=) ; 
88. In conclusion must be noticed Ue power of Hit fn 








‘offences in the Act in 20 complete, that the necessity for the 
‘exercine of the power of making Articles of War for the purpose o& 
ereating offenoss would appear unlikely to ariae. 


Seas 18 
De OT aoe, 


Pict ean neat Gas been sutaituted by the Army nna det 


fiaeny 0 tHe cate ‘Of any ry 


ke thn ee ar Nimitad to. agxravated offences 
‘isin ono ep Riere Ey fences puisbabie with dead 














WG 
: Pe Hpi 


: “e wid Silk 


it 











“Army Act, & WD; eee also KR. pare. Wh 








dat Tauern ait fn AT 
1B ae of pale H Wad it a if 
ce Te it 
3 hae (2 Hire aie HELE iy ae 
iia a EERE seid GUL 2H 
ie Halves Heal (iu feel 
bie Tyuieceed duress (abt) 20 gait 
i aaa Len (ale | Hina! 
s Hebe ateniataitoa ita fiatle yee ait 
ee ne 
AD eek aartt el ue 28 
HIRE aitmeedal an 
é : ; 
i bt HH 

















punish 

ae Begtlations§ non ocumnleiooel eer ee 
snbjected anAry Or mi \inhment commanding 
officer, but he may be rej or ordered to revert from an 
acting or lance rank to his ut grade (¢), or may be removed 
from an intment to by ‘power of 
removal, if the non-commissianed ofl nt 3x higher] 
than Hea ill be exercived without reference 





; nkenness of a not being, 
offence of di under the special ee 
mentioned in subs, Army Act: see ch. para 


must be so dealt with, unless the soldier has elected to be tried by! 
a district court-martial (¢). This ee does not apply to a 
non-commissioned officer charged with 


umber of days of absence, For example: suppose Private 42, 

Gr expainn'ts nvard toeentoc, then tho duenttin bay rae 

i i to a mtion, then the detention 7" 

the tad Tas been slaent three days, for any. numberof 

up to 108; if he has been abseat ight days, for any number of 
he has been absent: — 


officer ; also for ey in hospital on account of sickne 
Media kava tens eaceed be an fence ooamnited tor Rie ort 





a 
10) (0, i) Mule 9, aoa nee note, 
& 











7 


Of autre, 
eourt 


30 SCOUTS MARTIAL 
trial_resulting in an ittal or in the case of a 
ie seal (a). 





An offence, other than Sit ge tees or fraudulent enlint- 
‘ment, cannot be tried by court-martial if three years have 
wince the date of its commission (®), but a 
‘thin in mado, as wtated in para, 5, for militia and reserve men. An 
offence, wherever committed, may i ajay’ donna vb 
place ben de Niel peter Maj ibrar which 
within the jurisdiction of an 
courte. and in which esiteged afer ay ‘or t time 
cing bo, Wioand the tral wit take place os if the offender were under 


mimioned of oot 
\¢ march, for example, oF on beard 


ibor of @ regimental court must have held a com- 
wition fork yar (gh 


i 
I 














CONDE MARTIAL 


sl ied with amon which fom 


Cet ean The powers of 





captain j aleo , 
Macsinecencatan sane 


adhe! MB. A district martial can be convened by, officer 
uthorised to convene A general court-martial, or by ab. officer who 
haa reowived from such officer a warrant aut 10 cote 
vene dixtrict courts martin (e). 3 « 
Obemerat) 19. A court-martial can he convened by direct warrant 
from His or by an officer authorised hy His Majesty to 
convene such courts, or by an officer holding a warrant to convene 
courts from some officer authorived to delegute the power of 
convening them 
Warmts 20. AL home warrants giving officers power 


to convene 
fercare general courtaomrtin! are ninliy issued. hy. the King t0, the 


a nera) courte martial i, aually’ 
TAS” damued to:4ho' Ccamuinutderrin-Chlet in Indin, and. elsewlins-oubio 


* colon ‘ yi 
Centénte of 
Steers be Abs enc wurank ad lo ny warrant of delegation 


provisions, 











i}, 128 (9), Fur forms of aevents seep, 0) aralan te 
ing WarrEnts, we below, paren M6, 9, 





i 


ots 
wil, 


af 6 
i 
a 
E 
i 


L 
iF 
—£ 
& 


it 





BE 
in 
bre 
e%s 


res 
a 
te 
HG 

i 

ae 

i 

2° 

i 

£5 


on ak 
if the enit think: 
0 Ur Coraloy Ris tecidga toe oorenog flees wll eye tok 
ight to particolar offence obi to the 
discipline in the corps or district, the 
render it e3} it aL one time to bry an offeace by a districk 
other time to take a more us view of 


ab ane 
it(@). A case ahould not, as a rule, be sent for telal onless 
in reasonable probability that the accused person will, be con 


eh 
cane boing sent for trial, er tho fact of a particular 
of court win selected, in any degree to iniuence 
their estimate of the evidence. 


41. Itin directed by the King’s Regulations that offenders are 
not to be nent home from stations abroad with charges 
againnt them, except in cance of necesity. But for the mke 
eonvenicuce @ person charged may be romoved for trial from the 

where he ia acrving, 40 long ashe is not prejudiced im hie 
hy the change (d). 

92. The convening officer having settled the charges on which 
the neoured ia to be tried, ehould take wteps for having thems 
communicated to the accused, ‘Ihe officer communicating the 

to the accused should always inquiro whether he undet= 


of the clurge sheet must alwaya be given, except when, on act 
(y ia. Thy sectocl Shout hs destrentee 


‘enable him to object on the ground that the evidence of the other 
material {¢ 





Tule 33 (A) and notey KR, parm, GOT. 
Rit Yam Sesorctar: ea 


fora. 
{9 Hakalarig oe 











! 
i 
i 


ha wip 





Mai. (As tie tout te 2s oes court; tba: proseentce may Be present 


during the above proceedings, and may be cansalted by the courts 
Baile balan alata babel coms al star tee ea 


a a 


ae 

Saf 

tie 
t 
z 
i 
a 
f 
i 
i 
a 
F 


officer, and in any other case whe the court think 
‘Accommodation is to be afforded, on the application of the 
for his friend or counsel. 


Hi 
H 


asg 
i 
z 
re. 
in 
£ 
i 
r 
a 
Z 
2 
: 
: 
5 
. 


or any of the aflicers appointed. to 
jcc, he will be arked ta name all the officers 
mi he cjects, Hf Uw objections are more than one eck 
taken in succession, that vo the junior offer iat 


ehareige? 
Aree: 
ie 
iret 
aa 

i 

4 

E 

t 

8 

: 


BEFEE | 
[ 
e 
ae 
Es 
2 
a 
Hl 
& 
5 
2 


inquiring into. is ing of objections ia fletailed in Rien Si 
71 (A) (B). An objection to the preeideut must be allowed iff 
ith the meme ar fae lowing (97 objsone 





i wo 
Mi é 

clviliaa, thot clviling may be iu court and amist the 
‘OF take part hirusal tn the hi, 


jules 18 (A), 22 (Ch. Rulez 
eieay SOR Gave B80, It the erection te tostfeated ab th tnctance of a 
‘sroseruti, rae ns wean he (ube fee 
ry Sromuutor tear under thie Hate te tn every cao subject 
tatlltnes ie. sboogl, of coures, tis requireivelt does Hot extend vo Couns] ADpeMeitg 
th hale D5 
Qed om Uf) Army det. 5 51.09, 








Pup 


Pion tn bar, 


Phew of 
Ss guitty.” 


“a ‘COURTS-MARTIAL, 

allow the clain, onless the nature of the charge—as t be the 

Se Geet ea Bi Saw eae mney — Sere non ate of ite 
\. The acensed before ho pleads 

walidity, Maka eee raat either treaa the woe bl 

they think it valid, adjourn for the of 6 

spent. charge from the consening officer, A mere 

Lowever, in the name cr description of the accused may always 

a Picadas ott plan tach general jurisdiction 

of the jee evicance tn sapport of Us pla he core 


‘with the trial wed, the court must record i 

and the convening officer, and adjourn, 1 there 
mete court may refer to the convening officer, or 
cision mud proceed with the tial (2 
o. ‘bar of trial also be offered by accused, ab 
the time of his general eu of * guilty” ur “not guilty.” om the 
ground been convicted or acquitted by a civil 
court: |, or has been dealt with Cape 

‘is commun © for the offence, or that the offence has 
u yeas 





AE 
TH 
1p 

& 
We 
Ay 
ie 
ie 
al 
i 


Fooorded 
evidence. If the court find the plea not proven, 

we proceed ith os tal if the a ib proven, they wil walle 

theti Budlug tothe conirming a tect 


hority and adjourn, uses 
femome other tthe accusid not affected by the ples. 
Tu either case, the nding requires confirmation ( 
‘04. If the uecused uly, the president should, before the 
in merge bo 


plea is recorded, explain the ch 0 a8 to prevent his 
pleading guilty in cousequence of ignorance of the exact nature of 
» effect of the plea ; and should also point out to 


hin ‘ith, f guilty t ill be ilar trial, bub 
Stitt of Uae proper eascens Of Pesca 
fahient, and 


call witnesses as to character, and that if he wishes to prove 
img cil kind of 


ie arcane, neverteeny, determines to plead guilty, the 
wi 


an il! then after hearin 
sake to rexd tle ounnary ov ebeteate 


saser 

uy then make a statement in mitigation of punishment, and the 

court may allow witnesses to bo called in support of that statement. 

‘The accused may then call witnesses as to character, Should it 
Thie 


ip Rule hie rule not atcted yw cet of the seca to ice 
feyiemer, ” Fer thoug! liane je evidence, 3008 
‘0 the others ean compel Tian Wo do a0, 
'®) Waites 23,23. 
Mule. 
1 Mute 3, 
{a} Mules % an BT, and ee notes to thowe Rules 
(7) There will be & summary of evidenoe In the case of regimental ax well as tab 














4g COO RTE MARTIAL. 
pombe rey hataicl mbit th iF in 
‘ue witgons in reply may ale fr the 





: 
i 
: 
4 
: 
; 


nto the box and contradict it, ‘s 


Court notte 62, The court, in considering their decision, should not allow: 
Letuil  themmelves to be tnfluenowl by the consideration of any supped 
Sipreck intention of the convening officer in sending the case for It 


ee ianewed’ tenant i « 
ot 03. The accvanedd is allowed to have a friend to assist him, whe 
cured. — may be either a legal alviser or any other perwom If the friend ie 
not a barrister, a solicitor, or an officer subject bee 
advise the agua wagyrest: questions t 
a 


ject to lw 
atte Rales Oo . 
wigh they could mit a mesg 


i 





fect of the charges, but cantice-ba hesril 
or cross-examined on it (/). ‘The rights and conduct of counsel” 
/-cecare regulated by the above-mentioned Rules, and by the Army Act, - 














it 





be inersueets ircumstanoes be 
necessary that the court shonld give a heavier aentence than that 
which x cea aT officer has power to award. 


81. Where lers are found guilty of the same offence, 
it may often be proper to award different. degrees of punishment. 
Tn some cases it, that the degrees 


82. The court has power to puniah for contempta person on trial, 

‘but its members should not allow stseneetronted award an 

severe punishment through irritation at the conduct of the 
on his trial, or in consequence of the nature of his defence. LF 
Perions mised op in the trandetion forming the subject of the 
have been witnesses at the trial, the accused ia entitled to 
Impeach their motives and charge them with craninality ; and if he 

‘oversteps the boundary of ty in this respect, by. 
entirely less charges inst them, or against other inmocent 
ie can, if necessary, be tried ‘tor making false accusn- 


tion; and beginning with the highest degree of 
ean pen laiiaiieies wlots? <-  ea 
(1) Offences’ committed with premeditation and withont 


ovocation > 

(8) Offences, committed -with premeditation end witilinae 
cemesag 

(3.) Offences committed without premeditation and without 
mowocation 

(4) Otkences committed without premeditation and with re- 
vocation, 


Tu cases of doubt as to the proper amount of punishment to be 
awandod, it will be useful to bear in mind this classification, 


ote of 84. Another material element in crime In reference to the 


individual is its frequency ; in other words, an habitual offender 
deserves far greater punishment than an infrequent, offender 5 
and in every case if possible the first offence should be 


leniently. 
85. Military offe however, must be considered in reference 
— pecs other than 


those immediately connected with the 





‘Bees. 27, nnd Tule 00 (C), and notes, 
Set inatrontionn to oourisrmarta) (p. Hig), wherein (tb tated that efoto ABB 


See eee 
Auged te the sour ee 








m1. listri . 
ict een co 
iad ‘courta-maartial (8). ss 





An commanding & force on. 
dia, or proceeding from India, usually holds fix 
the Co -in-Ohjef in India; but if be comes 
‘command of an officer holding a warrant from the 


warreat froni 
nader the ‘King, 
ie.can only exercise the confirming power by delegation from that 








officer. 
Deletion 96. Every officer cmpowored to ec ral courte 
metopinriet has, by, wisn ot Ae ae Act, auibocity ts contirm, the di 1 
martial. aren ‘of district courte. |, and to delegate that 
‘Rewer of 7. raat can order a revisi 
Smborty and the court must re-asscmble and consider, without 

ditional evidence, either the ling or the sentence, or 
nding ad them, as directed. If the finding only is sent back, and the 
revision. do not adhere to it, the court must reconsider their dentence 5 

69 Army dat 


sige 

Ph Rep a St i ao paral 
ERR 

San i i nave As to promulgation of pr ings ase Rule Si anit 

oe does not apply to & native comsminaionet officer tn a colony, Ue! 

EO TE eS 

AP) Aitmay Act, » 125 (1) (6) 





be COURTS-MARTIAL, 
GV. 102, Sentences of imprisonment exceeding twelve months, 


wherever pamed, are also to 
tines, par 104 Ee act i Saeed 
e 2 prisoner Tia nndorgy his imprison 
went either in military custody, some authorised prison, 
or in a detontion barrack (a). te ne a however, be. temporarily 
‘confined in any ether prisen, 


Ofdeten- «108, Sentences of detention eee twelve montha must) 
inna to the proviso mentioned in in para. '104) ales ke esata 
© United Kingdom. Detention has to sheen Say 


{o detention antiot be confined tra prises. Ih tha United Kingdom 
sentences of detention may be ein a branch detention 
barrack, excend| 


or 
fourteen, should be carried a in det detention barrack (}). 

Further 104. _ fonder sentenced to fervitudey aprissmas 

lom, if hel 

‘of State has 

dectehsoas by eumerct climate or place sf birth or of enlist 


United Kingdom. Nor need an offender sentenced to imprixan- 
mentor detention be brought to: ate ‘United Kingdom, if the courts 
or other suthority Seemed in x. 13) for special reasons other« 
‘wine orders (¢). 





A 43-44, KR, pars, G07, 45, and see for the modein which 
octet ig awa pe tenet ad 


“Odom Anew 8: and WX. para: 
ie 
ay Tdi Gh the note to which wtates the regulations made by the, 


Settelary of Bale 1 














superior officers have poblis thi in which he 
Monat phone teiee eae 
Birch it 19. Evidence of | oe ee oe are ee 


innocence ; and where intention is a ial green tn the 
offenc, or where presumptivn proot 0 evidence a 


charge, may be highly important, and 
serve to explain the conduct of the accused, On 4 trial for: 
let teres tinea ace cae 


tion conld not have been that tmapoted to him, on gee 
urge implicating the courage af a salier, character 





th {6 may not weigh with the court, except in aw! 
ponishment in discretionary eases, may exentially serve the 
accused, by influencing the superior with whom it rests to 
mitigate or remit the sentence, 
Fiienes of 20. Evidence that the person accused of an offence commited 
fe wid’ a like offence or acted in similar manner on another occasion, is Ho 
adurizaible merely for the purpore of showing that he has a genenal 
ition to commit such offences, Thus, on a change of ata 


persons 
thirsty and murderous disposition. So, ona charge agninstasentry 
of having been asleep on his post on a particular occasion, evidence 
‘Chat he been found weep on lis post on other occasions 
would not be admissible for the purpose of showing tut he would: 
be likely to commit the offence ; and on a charge of insabordination, 
evidence of insubordinate conduct on other occasions would not be: 
admissible for the purpose of showing a tendency to insubordi 
‘conduct (a). 
Where 21. But where several offences are #0 connected with each other 
tl, as to form part of an entire transection, evidence of one ix 
ested, axlsninsible as proof of another. On a charge of stealing, 
Srlsees st cxaaaple, though it is not material in general 10 inquire into any 








{@) See, towever, below, parm 99 (A). 








of the accused Gn icular occasions, but with reference only 
‘Hons to) ths avant: et IASd\ or, ypectfed to, the hargy-and) todNe 

Seanmetions proved agaluat hin. ‘The Intention of one 

nuct may be best evinced by other conten; but 

great caution ix needed to prevent in; to the nocused by 

extending the inquiry to matters mectedd with the 


constitnting preparation for the offence, of any subse 
EEE. or quent conduet of the pepon accused, which isapparenty i 

W the commission of the offence, and of any act done by him, or 
by his authority, in consequence ef the offence, Thus, evidence 


or was 

of , wequired by the offence, atten 
eer Se 
conducted hituself when 


therewith, the charge against one conspirator may be 


supported by evis 

siky Uy bw, but by aay otbar ef the ‘couapiralors, ia furtberaiicn 

of the common purpose. ‘Thus on the consideration of a charge of 

ntiny, orexeiting mutiny, evidence of this kind may, after anes 

prima facie proof, be received against a particular ove of the accused. 
Statements 27. Statements of the class above described are aduissible as 
aol ing evidence, if they are made in execution of the common purpose, 
roy, Decnuse they form yart of Ube transaction wo which the inguity 


, of the common purpose, but in narration of some event 


ible as 





alter 
Tihastre ble it re 
jets ing w variety of plans and liste of poe | 
addminnitle in the héuse of » co-conspirator, and which 


oncharaect had a reference to the design of the 
SraMIBGTs ¢eranco of the plit, wore held to beodmiashle ke evidoace agalas 


presumptive evi 
cinsplratar belore the apprehension of the acoused, for the: room 
in which the papers were found ha been locked up by one of the 


(2) Boe below, parma. 81, 62. 
@) Bee Bev, 9 Q.0., 129; Stephon Dig, Br. ,p. 0 aad 74 Wille, pp. 110 et wap, 














any law i % t 
Cf) Where the document is an entry in a book, provable 
according to th i isions of the x 
peace srw tes 


be 
‘how piven. calling ‘a witness who mwen the ent, and can give an 
account of ita contenta. . 
Pultiog 37. Nogonoral definition of public documenta ie pomible, bat the 


Certiny 5 i 
cee peas ae Provided ;by many, tabuies tint various ‘certiScataty 


Jobit steek al other companies and ed copiva 
documents, bye-laws, entries in regiators and other books, 
‘as evidence of ‘certain partionlare in courte of justice, 

if they are authenticated in the manner prescribed by the statutes, 
Wherever, by virtue of any such ion, any auch oortificate or 
certo copy is roeienblo ax proc{ of any particular in any court 


of justi, 1 porte 
= aly et oe ae peived foe taascnes eating 
to AD or cure ui aut 
eejete kt ated ren she mpc a 
‘it (@). 





7 
Maule 2 HE fount. ad 1, af Steph, Dig Rv. ark. 79. cnet 
Ae. 0 reeeleable is merely cs 


Bias miipaly trated pate ene foto a pute Yoesinenta 
handed In to the Uy Ube party peoduetug: 





























‘olantery. 


Confession 
en 





in his favour. 

"ra: Befure a confesaion cain ba’ roosived lis evidence, it amat be| 

Lee ae ‘that the Larixoe was sani voluntary 5] 
therefore ¢ must cincumstances 

aan meal gro Bib prosscutat must always prove 


le BH eat aio ee ane 

a or in aut 
Resekie piace catmmmone foes ened 
the custaly of the accuse) ain taving reference to 

against the accused whether ai di <r 
Urought to his knowledge fudirectly, and if, in the opinion of the 
court, the inducement, threat, or promise gave the person 
reasonable grounds for supposing that by making a confession he 


plies 
Bia settt eater the tasoeae fo of pardon, 
ee eat eidtasen, Oh ois tad tat tie conten ee 
voluntary (8). 

76, Baka coofeeson ia uot thyolintery meroly Hecsited IY 
Yo have, been, caused ‘by tho exhortations cf » person in. aattosrity 


exhorted him on sali grounds to confess his sins, A in con- 
sequence feesion, and it wan held that this confession 
me sober (ee seuss, oonfesion’ mn BY 9 nee 
juenc u m0 

‘he whould be allawod to noe hia wife, would e 


cont 
in evidence, In short, to make a confession involuntary, the in- 
ducement must have reference to the escape of the rom the 
criminal charge against him, and must be made by some 





sequenoen ofthat charge 


pore bap iotee Joker ry ; es be tetes Fe ons eae 
by py ‘get im a pardon if he does so, Theo 
Svoretary of ‘State informe C€ that no pardon can be granted, 





(0) Stophen, Dig, Kv.. art. 21. Ax to when the statement of one mutinew oF 
coepiocee igeibie ayaluat another, wee above, para. 2 ef 
on 


Xv. Meaeedl Cay, nnd Marsh, (34 elted ak an tistrvtlon ty Stephen, 
pr gE cca cer ee a 














98. No one, ex the wl ving evidence 
on his own application, and as to the offence wi ho in 
charged, is hound to auswor a question if the anawor would, in the 
i ica ie cy to expose the or 


934. Where the accused offers himeelf as a witness ho may be 
asked any question in croe-examination, notwithstanding ied 
it would ‘tend to criminate him as to the oifence 


bad character, jinloee= 


‘The vhat he bas Vitted or bee ivieted of thi 
a) sade i ada evidence to ti that bo te 
y of ‘the off He with: 


Iho is thy 
(i) He ihe pecemalie oc’ lay hls ‘uivosata said pared of 
‘witnestes for the prosecution, with a view to establish 
ce good chameter, or has given evidence of his goorl 
charucter, or the niture or conduct of the defence is such 
aux toiavolve imputations on the character of the prosecutor 
or the witnemes for the proxecation ; or, 
(Gil) Me baa given evidence against any other person charged 
with the same affence (a) 

He may not be asked questions tending to criminate his wife, 
Evidence tending to show that the accused tua been guilty of 
wr than. Leena covered by the . stergs is not 
smn pation? on the iavue whether the acts against 
Ube accused were designed or accidental, or except fr, ass purpoee 
of rebutting a defence oth nto him (8). ‘The eiream- 
vida ovidonce of this kind by edigunible are well 
Husted by thefellowing case (:) | M. an his wife were clanged 
with the wilful murder of an infaut child. The evidence showed 
they hind recived the child froma its mother on certain representa: 
tions we to their willingnow to edopt it, and upon payment of 
sams fandequate for 8, sp ined for more than a very limited 
period, wad that the child's body hud been found buried in the 
of m Linina covopied by them. Tt was hold thet orklene 
flo sale ens ereseel Alar infant rock eta 
mothers of like reprewmtations and on like terms, and that bodies 
of infants had boon fownd buried in  siailar manner in the 2 
of sureral houses oseapied by tho prisoners was rvlovnbt tothe lsaue 
which had tobe triod by the Jury. Tn such a ease the person charge 
cros-sxamined ae to the circumetances 

tar piaan tins itis of the tise intone ong va be ao buried. 


ieee 
Beer re acne se Water 1. [19041 A.C, OF. Lis 














ch. VI. 





aay tear Be advisor in the course ef 
that any crime: 
ba eee mere Lethe aba! ahi 


lg a nln aria 
staan i Tpetwoen them and thetr centacsead! 
is recused during trial Dae ane 


102, WRateat ‘men and clergymen are not privileged from the 
disclosures of commimicstions made to them in profesional confi« 
dees, but it fs nob usual to press for the disclosures of commeini+ 
cations made to clergymen, 





to 203. The questions, whether aawered or not, should he entered! 
Pesotered oni chin S ine When the witness Laine vilege of uot 
fechinge  anawel pia eet ee Se 
whether, within ong EY ects Courts: martial may 
ence Herpone by informing 2, witha, at “the tah 
ere te Se athe "ie oan 
any claim vilege by the 
tt wht the wien eee. ntawer or not 
noted on the proceedings. 
(viii) How evidence ts to be given, 
Mede ot 104. The mode in which evidence is © be given before courte. 
Aiiuee, martial is folly dealt with in the Rulis of jure, to which. 
with ty the following paragraphs must be taken aa xnpplemental, 
Points 208, It will be the duty of the court In every cam to see 
Treating y the rules of evidence are strictly conformed to, The ‘tenia 
Suit” points will require special attention in relation to any ew 


that may be tendered — 
(a) That it is relevant to the issus, 
(2) That it is the best evidence procurable, 
‘Nhat it is not within the rule rejecting hearsay evidence, 
tind {exceptin the case of experts) itia nota mere expression 


G That. if {iis confeniin or adinision, It Icgally 
(f) Thavif ite document it eel aisimible nd roped 


(9) Supe deat o> car fy used for th 
hat no document or other thing is for the 
of the trial which has not been pro pene pat in ai 
i Tat iy witnenses called aro legally competent to give 


(@) "Tink any dosursnd witli which n witnias propose to seeale 
hin memory is Iegnlly acdmiseible for the purpose. 
(8) That — of witnosen is fairly and properly 








wo) Stephen, Dig. Ex, ant. 113, 
1A Secomnant rodiuced te the court, andy 





Gimecemsary (tam. 88) properly ¥ 

we ee Bre Raton subject ta the Taal fication Unt for parpoten ot 

dei iw ay enor nay rhe ‘on mittee Dolor Teg 
proved wad put in. Rao felow, pore 110, 

















ns arising out of the fnportance: 
of maintaining wal discipline. If either offences of particular 
Idind or offences are rife in a corpa or at astation, it may be 
necesary, for the sike of discipline, to try every offence, whather 


«line eordted to mabe good danagy-cocasloned 
tiitasotah Ga the other hand, a more scrioss eflence, expesialiyaae 
subich woold ordinarily be tried by w jury, hud: better bo relegated) 
io ths eivihesurts no ehovld any care Shere: tniricalerd betiead 
of law are to rine, aa, for instance, questions of 
food or money By false pretences fron civilians, 

Ms Ttongh; toes, the chasdnvelving clvilaffences which will coma 
SPB were cores actin wll wok be nero i 


|, but the more common 

have been treated in greater detail than those which 

ee a econ to come within the coguissuce of courts 
Before proceeding to a description of the various offences it 
will be weleessot ay dincurs, in, the punishments which may, be 
awarded, and, secondly, the general principles aa ta criminal 
respounibility, principles, it mast be remembered, which are 
applicatile to Sadiitary not Jess dian to eivil offences. 


G) Preniahmente. 





officer cashiering, or in the ease of a soldier two years’ imprisonment, | 
with or without hand Inbour, or the rarttay which under the 
civil law may be awarded for the offence. This rule is, of — 
subject to the general limitation on the powers of punishment 

regimental and district courta-martial (c}, and to the prohititien 
applicable to all courte-martint agataat awarding a period of 


‘aot}-orviies are reommended := Hussell on Crimes and 


Law ot Byidence tn Criminel Cusra, Stephen's Digest of Criminal ate 
‘* ya Bephests Digeet of Cr 
‘amv the Keport of the ai 


ahh Reh for ammae dated nomad f the imal 90) haw: riod 


Hinder these provinions & at 
“4 dimaharge with (hominy oF 
district court-martial may award any 














bd OFFENCES PUNISHABLE BY ORUINARY LAW. 
to 


i 
ie 


He 





FF 
[ 
E 
: 





rorting, 
hin, or by opposing his apprebenaten, oc rescalog 
or by vokintarily permitting. the falon to 
rehire the. accmury ia hisuell' the. custodians 
felon to eacape, without giving him active 
will not make a person an accewory alter the fact, 
i the ease abovemicntioned, where the acccmory i 
imac the custodian. z 
Sai akc eaiden seve emuasait acto) pocurd the | ponrmnntel 
Edi nu ofleucelto a fled an offence nad reodere A porech xfea 
sexpslyeve thon the etdeavour i unacoaatl () 
mere jutention to commit au offence unaccompanied 
will not amount to an actual “attempt,” nor will acts themselyem 
ifthey are mnerely jproperatory.to ths comusiaion of ths offs 
Fos Sonance i'm man ge 4 Birmingham to ny lo rake 
fy the mere "I ere is mot an a make 
sacey_tiioe orb aot uated be. Gone. whieh in ore AMER 
intwation ex proyaration, and which aime ab bat falle short of the 
complete fe thay the’ wan fa not only gone o Bening 


Pare 
fr Fie 
Hy 


Tut had actual tthe diea, he wonld have oe goa 
Sih eae — 
It in not hecowary that it should have been legally or physically 


or 
posible for the offendor to have committed the full offences 

Tawntion. “24. In aome casos the intention with which an act ie committed 
Decoron emential ; where this is tho ewe, the intoution way either 











‘92 = OFFENoES TUXIsWADLE HY ONDINART LAW. 


negligent; Lut if » 


Leisstae pele the ene ext ihe ae i 
AL cel hiae tee cra the ee ene 
espinal, even. though be ind not take every poi means 





the was 
Eecperey ue anette A he rider was a horse thief away 

‘watolen horas lt the shooter was Poncher, oF If the mai 
epee Winld ta) wae oe be. exininaly, respamute" Ea 





mere breaches 
if the shooter, instead of bel 
srthout aun licence, thia wou! 


JE person faila to take cautions when deing any- 
ee gk ee ates tpt et oe 
though he had not the leat intention of bringing about. the 
consequences of his act (a). For instance, if a solicr Jota off hia 
vile without tho precautions proper under the particular 
citvurastances and tho bullet kills a man, the soldier will be 
responsible for hig death, 


WIL) Reaponsibility for the Use of Forse, 

98. The role is that a in criminally reeponeible 
eee eres eee ieee eal ee 
‘The amount of force which may be #0 used and the cirsumstances 
hinder which 3 many be uved vary wile, 

20. In somo cades any anjount of force may bo used, even if 

entaila bodily Injury or even death ; in other cases any amount 

Giese cing ‘he. Geel redrsaed, ah 38 bi not Sand Bx b eeme 
intended ar likely to canse death ar grievous bedily hart 

The guneral principle applicable to all eases is that no more fore 
may be used in any eve than the person using it believes, and hax 
fvesonable grounds for Uolaving, to be muocanry to feet the cbjact. 
in respect. of whieh he ia antitlod to uso foros, So long aa thin 
principle is olwerved, a perton ix not responsible for the conne- 
guences which may remult in any particular cao from tho use 
of arse which is not it excom of that allowed in the clase 

canes to which it for will a person be ible i 

Taicily mette Ron in ggunts oe 
joxt important cases in which the use of force ie justisl- 
are cagea relating to administration of jastior, prevention 








of 
self-defence, the defence of wrty, the preservation of 
Siclinns ‘and tho dalense of tha seal. 

‘A person acting as a ministerial officer in execution of the orders 
of some muperior authority, and any person lawfully aseting hit 
rg ton force in obedience to the of the superior authority, 
i! authority: ay es order fa petog aga a ¢ that 
ik to way, acti a ji capacity, in the oxercive of some 
Psseitel ier sactecret Os law, tie 


—_{ = 





Addoation, 


= 


, bat ne person may be convicted in any such case tnless 
ia corroborated by some other 
‘ovidence in support of it implicating the accused ; and the witness 
Will bo lable ta be. punted 
Roh ni east hho is th inp 
it an offlsnes on who is the owner or er 
rae =e 


Whioe ke 
sigccinat her will by force with the intention that she may be known 


of cause to be Gorell of the 
jess agalast the will of a person who has lawful charge 
ol 


.) An unmarried girl under the age of sixteen. 
2) An unmarried girl under the age of eighteon, with the intent 
that she may be carnally known by a man, 


To constitute the former of thess offences it is immaterial 
shether the girl consents, and whether the taking in permanent 
ov temporary, provided that ahe{e taken under the charge of the 
offender and’ out of the cantrol of the person who has lawfat 
charge of her. Thus, if a man persnades a gitl under sixtoen to 
Jeave hor father’s house and sleep one or more nights with him, or 
if aman, at the request of a girl whom he has seduced, elopes with 
her, he Nas Deen guilty of Ue offence 

Tn the case of the second offenos, but not of the first, it ix a 
sufliciont excuse to show that the accused had reasonable cause to 
believe that tho girl was aver the specified age, 

Tn either case It in neceasry for ies, pression Eee ee 
te offender had reason to believe that the girl wns in'the charge 

some one. 

Tt inno excune that the guardian consented if the consont was 
by frwnd. 


Tf two or ese eee agree to try to induce a woman to commit 


custody of her parents in order to marry her to un; without 
at een pack Gr fine i getty ut as thoes 
() There are also spectal provisions ss to almilar offences where the womas 


WW) Ae Wo come wee pare, 3% 











8 OFresces TUNIMMADLE BY ONDINABY LAW, 





eit ot 48. If a person, lable as a maater to provide 
ec Rrra ee es 
i fo dos, xo that the life of the servant is 
i is or is likely to be permanently injured, 
‘Thee mat be wil nd without legal exon 
is no limit as to the age of the servant. J 





tench driver is responsible for having caused the deatl:, 
Murder, 60. Tf x perwin hae unlawfully caused death by conduct which was 


1s of murder. 
it is immaterial whether the person intended to be killed or 
“og is the person actually killed or some other’ Me 
fa person ie proved to have killed another, the law presumes 
“ primi face that he ié guilty of murder. It will be on the accused 
“Ao prove wach facts ax may’ reduce the offenes to manslaughter, or 
‘excuse him from all criminal rxponsiblty. 
‘Tt must not be supposed tha offence ia not murder unless the 


(ates Sols, Seren She sem St force sming, or potty rwoliings bi Seah 














than murder itaelf, or to do 
Mreih Liene tn cence onkee ie iy oranaienee 
act or attempt wounding or stabbing, 
ee eee pa ac aaa 
act or attempt, must charge tare pre 
Tt must alao be proved that the accused intended thereby 
to commit murder, which Intent may be gathered from the nature 
‘of the act. itself, or may be proved hy other ws for 
Sh ee a= by the 
65. It isan offence to conspire with or endeavour to 


jon of ny person 
ita tanen'e cochanh with the Jameson oly perasalie torr 
‘that person of the 

"The ‘property auvet be taken fraudolently, that is, without 


i 
rd it ae 


; 
5 
33 
= 
e 
f 
5 
: 
E 


a 

FB 
u 
ae 







lefts 


Z 





(7) is obtained by: fi 





‘An to what amounts to an attempt to fre a plato, sve note (3) 1. 5 
Vea peas ee te siterapta wo commit. murder 
a Riss perso 


re Mer IE See oe Ol 2 a 
feces aot 











ane must have been an intention of ing the owner: 


manently of the thing obtained, and the intention must have 
frandulent, though there need not have been an intention to defrand 


obtained is not decoived by the oe, but knows it to he falve, 


on falue pretences, 
The false provence may be made in any way, either by words, by 
iting, or by conduct ; for instance, if a person, not being an aflicer 
in the army, represents himself ta be so ly wearing an floors 


= i) As to embeaalemient under the Army Act, sow wx, 17, 15 (4) S€€1) 








onee teenie enka tome 
(@) if ho breaks any part, internal or external, of the building: 
iteelf, or 
hat closed 
OU Es pees: meana Ww! eee fa 
Fee aang teens part it te aucines oe 
(Ri ae to the 
collusion, 
ia committed a felony (2) in a house breaks ont 
it Mee ag : 


ot ei ul ng ont or ie hoe 





TEs coo 

OP AT ec ah aoc emnai tbe bes ge 
6 wate a Parte zones foc auch ye —— eA 
Mashed ee ent of ean nto p balding and copa 


felony roe 
(0 tobe Tat vight (d) with tho intention of committing 


building with the intention of 
(a to elind by nicht Mb) hedae 
67. The receiving of foresee by meansaf. 
criminal offence br nance wiso the taking seven] 
for helping to the ‘of stolen property without bringing| 
‘the offender to trial 


Te 
‘The guilty knowledge of th receiver must be established, ‘The 
recent, on of the coupled with the inability to give a 


08. The os offences somewhat similar to theft and 
embezzlement and obtaining money under false pretences -— 


(1) Obtaining money by false pretence by cheating at carde > 
3 Franduindy obtaining the pote to security, 
ax afixing a name en any paper with a view to its being: 


pany leat with a vnunbe serty 
alee affecting the publle 
Chm Ac hae ian agreement by two or more 


do an act with the intention of deceiving the 


ona eth op opening Canna sea aaa! open window 
"sat adcuces are felony, ae Tate 
tt perate Fart at there! i whieh 


opp Seiten menage 














108 ‘OFFENCES PUNISHADLE UY ORDIZARY LAW, 
On. V2, (xi) Minoettancous 
tigany. 78. Bigumy in by a person who, being already marricd 
to through the form of ith 
pete aa eg 
‘hat ied to some one elee, The law 
eee’ net include the : 


tas dead ak too Sins ofthe sc 
Sener ted 


a. war against the Sovereign in of His dominions, 
Har ‘Aiding the enciies of the Tao oF 
‘Thus, an officer who betrays bis trust, ora soldier who deserts in 
the field and joina etee age is guilty of high treason inde- 
pendently of his mitany offence 
ber acta of treason (namely, compuasng to levy war 
Gane ig, and compassiug to move any foreigner to inyade| 
the King demiions)ca/onder a Act of 18, ihe al trented as 
commonly known as“ treason felonies,” and) 
“eal heart apths Artiy aca 
mere fact criminal 


“ of & wentenced. to penal sory! 
aaa eee tarot His Biajeau’s Gontsions daria 
Sein servitude without some lawfal couse is anf 


i 
y? 


ore eas lating to cacape from civil custody would probably 
never be tried by court-martial, and it seems only requisite to 
eer here that— 
if a person assists any alien enomy who ts a prisoner of war 
Rithin His Majesty's dominions, whether in confinement oF 
‘on parole, to effect hia cacape 
ie pn king» eh jt) on the tho high eeas assists any] 
such priktoner of war who {hein ite Majesty 
dominions in his escape towards any ane country 5 
we is, in either Ity of an offence. 
a8, Telsan offends citer é, 
(@) To conspire to accuse any one falsely of a crime, or to do 
rayting to obstruct the course of justice; or 
dome. (0) To Hey a to dissuade witnesses from giving evidence, in order 
ibatruct the course of ations or 


{3 Fossa = ttre the oe sage FERS oe 
the concealment of x fel ny 


(a); 
T. enter in an an secant for pane seeatn to 
retrain from prosecuting # person for a felony (a), oF to 
show favour to the accused in any such prosecution, 





fe) As be what offeuces are felonies, see Table at end of chapter. 











“eawok ¢ 205 quowtuorjadony 


Ne) seenl or.ata epee roan 

amy qonya 30 yaya ‘awl g 203 juoumOnIdeny 
1€0) On| 10g opmgrases youn 
a2) saws 9 20} opnytazas [eu 
sawed g a0) opmitaaus (wud 
anoquy 

Pay FOIA 4o YALA AMO RTICH 
Fam mo nu ‘ang 20} wounenin 
rae ynoryg 20 qu St96 g 29 ywoorsoe edn 
“rnoquy 


“(Sento so} spans fond 


Pon 3 1) (0) eave yp 55 Speipose Tome 
"api 30) 9pnyzasae [wusd. 
“zepanm } souggo 40 “amoqny pany 


O¥rExcné PENIMABLE DY ORDINARY LAW, 


Kyou crounsyyy 


Pamy gouges 40 yape Swed 7 20; gunOMadary | none 


qnouyyas 30 cay ee toed oy 20) svombonatiny 4 





| 


| 

“ | os 

snowwomoperyy | on 

Soop we 

9 we 

1 

" 

ve 

= ve 
NOTOSTUOPH 


8 EEE S 





; 4 

we ae Seipepsorn 8% yy DUPE 

| dioaye) TMWHY y  UOMY » OFF 99g 

| Sowa se 
” 


| Smee oa ee ayoWere 20 Sper 0 aquuvew 120sapay 


ie cine Gabe aoe on du nda are 100" 
fe oer ia ny 


+ Simp yo nopnooxa my s90yo scan 
aris wens PL 
Fh ses Sap95 apam09 07 sueRE aL 


we 
ney 

aor © 1 sonsys 7) aon; orn sure 
— - "pomk/00—£aNeNasay 





“voungo Jo uondssomagy 








{eR 

Bly rel ihe a 
agedeatity Atl Saaceeee 
spnityjiiie Tey Lysie 
secpileeal Tid ab 
sath ann Ts ; 
Hatta ua 
Ped ee Ea 





Misdemennour| Imprisonment for 1 





3 
” 
“ 





current cor coint ve 
LP tnd ever cotne 
foreign copper colina. 
“Cheating,” Murder," 


iting current gold and silver coins 
i 
forviga gol 


eitiny 
ed 


Counterfei 





Pomossion of three or moro counterfeit current coins with| 73 


Concealment of Birth. See “ Children.” 
‘Conspiracy. See “ Abduction,” 
“ Obstruction of Justice.” 


Oli current gold and silver coins... - so ng 
idee coy oosea mise Gears teat 


‘Vitering counterfeit current coin ee kk 
Vitoring counterfeit gold or silver forvign ooin ewe 


Cotnage— 
Countorfeiti 
Counterfeiting 

















swopjoatnios TwuAw THpAVIN ANT, OF TF Aopen [EF 10 
ummos asnoond oy Fuydumye 40 Anno g—nopwanoest 
ec HOU MOABANCT 5, ,,'VOMIOGY yy i “wosiog 
‘haadoad Suupago 


i 
i 

Fl 

: 


i Apaompawsy Jo coyTOyET TYLA GOWYUUOKeT—UO MUON 

qoy Aaty ony 30 
g e e GYE“# xopun uONMANoop ory; Furquar puT pies! 
OMT OY "NROUMIAE ONIVE A9pUN sPOOH SuIUTHIGO 

4 smogny peer qnorita 20 

‘Ta (0) gg “wav uy pouopuonr oouego ayy Jo ichanfrag ,, o#fe 00g, 
ere ony uy “paw ‘sawed ¢ sop qunumonacny "38 ‘eau uj poryaoeap oouszo Suy—~oanenf so warionisao| 
. A a ~ 


{amt et spe fog [NE 


S2c3 8 


“SS sopaner op Suoqno soy Heaosp 30 Hop 
eure cramens Trend « ee ee ae” Gopanar 04 yd 
*(@) (@xpouasyye on) qyvogg | Luo Ce ee nr wo 

seounge Jo mopyd soe 




















When pros 





: coe 
Abuse of it. A power to award summary panishment or - 
age at et & court or officer in ceasing the 


‘by reason of the excess in the mode of ing 

. The proceedings hd which the courts of law supervive the acta 
of courts-martial and of see ney baste or civil. Criminal 
proceedings take the form of an indictment for asmult, falae im- 
prisonment, manslanghter, or even murder. Civil 
may either be preventive, £4, to reatrain the commission or con 
Linuance of an injury ‘or remedial, ¢@., to afford a 


Injury actnally, watered. | Brenly the civil. juris 
the courts of law is exercised as against the tribunal of a court= 
martial by writs bition oF ce as 


3 and as against 
individual officers by actions for damages. A writ of habeas 
also diay he directed. to any offeer, governor of a prisos, or ethan, 
who haa in his eustody any person alleged to be improperly detained 
Inder colour of military iave. “The writa of prohibition, certionarl, 
and. habeas corpus will be first disenased, then the subject of nections 
Jaraages, and lastly, that of liability to criminal 


(i) Weit of Prohibition. 


®. The writ of prohibition faxes out of the High Court of Juatica 
to any inferior court, whon such inferior court concerns itarlf with 
‘any matter not within its feasinin, ‘or when it the 
bounds prescribed to it by law, The writ forbids the inferior court 
to further in the matter, or to exceed the bounds of ite 
Jortsdietion and if want of jareadion in Se 
once Ly evi the weurpation: ju ion 
in anttied to the writ avs tnatter of right. 

10. ‘The writ will not be granted for irregularity in the proceod- 


will Inge or wrong decision of the merits: nor when it ean be of no 


tase, ax, for example, after a sentence has been carried into execu- 


i te mini meres 
separately. 


‘and ik be 
FTES etidemty exe without protetia caus, 











Gil) Welt of Haboas Corpus. 
Tet as. /ABy person who ia deinnod in what le ounosins to ba 


Jaw, being the for & person: 

wrongtally deprived of his Kbertye. ‘There of it which 
ployed for one court to 
another otter adminteteation of justice ; but by far the most: 
‘important in that which affords the above remedy, and ie 
corpus ick Tt is addremed to the 


i 
¢ 
8 
; 
rf 
: 


i. 
Yheo 24. The writ will Issue to who hae a person in cua- 
day tedly, whetbor civil or mia, FF the affidavits in mappert, of the 
wate ation show some probable’ ground for awanding it. ‘The writ 
hot as a role iste to question the modo in which military 
wadictyon has heen exerciand (O) + but if n particular formality 
bby statute requisite to. make vaild an order (for instance) far 

imprisonment, and the formality ix shown motto have 
lowed, thon it may be granted (2). 








jen 2B. Tt would seem, ns a rule, to be a sufficient retarn to the writ 

tueient 

fants that liges in custody is a person subject to military law, and 

writ. that malice preeeahnet were according to Tuilitary law (d). 

General tie 28 ‘« case (@), in which the application for the writ wax 

Timex” 13th Jim 1478, En the ease of He * 

ester ieareer: : 
a et to the wns | I, the View Chancelt racy awe 
he ae ee a 
the public ometenen hia bot” Bo Maney op Sd Eta 


ig nay 
tug’ @) 3° aBN @ W., 8 7 Fur, CF.) 894, bat ee now Araay Acty 


STARS Baste tan Dns 298. 








gn (WEG HUN ed | 
ogee eee He ge) 
cay OG ae a 
i! Heys ean ra ae 
Le ae 
Hae rl alli erin fal 
me iia eal a 
Fe Gee aa a 
EL adie Ea, 


3 


okie. é 















































CHAPTER Ix. 


HISTORY OF THE MILITARY FORCES OF THE 
CROWN. 


eatorntion of Charles the Socond in 1960. | Tt was aot until after 
a Standing was mised, " 
under Act of Parliament, "Before 1600 the organisation of the 


Fo ck em ayematic although it rested on laws whch 
aye tanie down to the prose time, tiasaare demare tobi 
Firat Period.—General and Feudal Levies, 


ASCO uc 8+ Before the Norman Conquest all freemen between the ages df 

serait’ 18 and 60 who were capable of bearing arma were hound to yo 

arly times, to the hoat: (ford) or general levy, atthe king's sammonk: 

fare was one ot the thre liabilities of all owners of land in 

a (2 Thowe ae Hecting tt ae mbjected ton 

very heavy penalty cal wi might ext even to 

the forfelture of tho whole OF thelt land. ‘The levy of each ulire 

took the field, down to the Norman conquest, under its alderman 

or ea! chief of the thire, and after the Conquest, ander the 
0) 





Posting f+ This general levy of all able-bodied (2) wen in each ounty 
ee sehce, hn’ a double As a civil force it wax known as 

porse comitatus, which the sheriff was entitled to call on to arrest 
Criminals and suppress riots; and the obligation to serve in it 
was closely connected with Ube obligation atuwhing Wo every man 
‘of keeping watch and ward, aud of following the hue an 
which was directed ayainst criminals (e), 


Ss Olds sary Foren of the rw uray, ba) cada 
‘authorien, or ‘aul 1030, 
Toany extracts trom nn telerdnces tr or 












i dane yete ctl cx 
Eis. So Macey Comgeaci, Eh ae 
eounulted. 

lage wsentil 


3709), Matt, Couette. 1 6a Jt 280 Goan, 





ou 
heal 

















Petr Pub) HUEE 
Hay ein aa eee al oa ae 
if i Pa euaull fait al ie 
3 i in BERET ae 3 doe. GEE) 2 Fs al i 
i A Bare afttees| fe Ge 
re : pening nat ef 
| a ce 
alist: = dicdvesi fees Be 
Hiaale ane Bin ie 
ba ntl eae a nee 
Be Fee ei nezea odie BES 
eae leer 
a +H 











agen ari) StpeenTaES 
ii He i i ie ii a sae 
auee iil fu! UG ee 
jee ia eaitianty Minty 
bia en edie eiaisare le 
Se HEHE: Hea 
18 af ae Tie ut 
a HT eiseaie Bs. ‘I a 
1 ith Anh nue reli nla Hl 
dS iily ‘t ie 





abet’ relay 
9538 

in at Por 
it tee 
ate i, 


naa 
ioe 


of muntere 
Poi Ac 


i 
an 
zt 
. 


‘ae 
Fora: Hallam 
'Gomare Sabte Sivet Sharer Dee 


); 4D Phil. and Mar. e. 2 ‘The tnsb Act ropealed the 


= 





ef 

















eg 2 A 
i ioe ae 


au 


fits 


fi fi i 


“thi ble 


ad 


nee We 


Ha ane 


Hal 


Hen yu 
ie Z 
e a 


fee 
He 


= 


a 


th 
©. 


gs 3 

Hl 
pal 
id 
5 = 
iy Hy 
Ee se 
Hes 
“ ane 


nhalt 


poldiers. 


Sotto, 





427 (2 fi F 

AE 
i i 4 il 
AER 
aia a 
Vara 
at 
sfras lat ead a 
iif a 
3 3 |88 epssiss 














ai ie He rh ia |i fae: 
at : i Vet ea 
en ide ee a 
HEE yi Ey ena 
sibeezsegity 3 iid ive eibalisy 
PHBE pitue 1 eee uel 
ebieaa ean eee 
atten Peet atte 4) Higa talia lage! 

Hi 4; aay inp ae ge2 Large ee e 
2 He Ae ae 


“thy fill = BO 




































































ape ee rey ‘Wien @ standing army wus, as tae mes 
Fd: Ua mun tr clin ote 
ob, 


of 
yirtuo of nn Act pasacd annually, ues fi 
allowed by the Army A a 
Prater ah Ay ek ely 


H 

ne 

bit 

int 
He 


on 

to billet the guards in Weattninater lod to the inser: 
ny. Act of 1707 of a upesal sactaent author 

vorbiloted. ‘This enactment was annaaly 

iL 1879 (0) other in count Wever, troops wert 

nly eed ator they had arrived at their det io under 

eolour ‘® presumption were still on \¢ march, au 

the route attuoriateg them to be blliged was etl In fore, 


Fy 
£3 
= 
Fi 
3 


i 
i 
e 


gE 


i 


i339 
= 
& 


i 


In Scotland and Ireland, on the other hand, such billeting waa 
allowed mntit quite recently; indood, it wax only abolished in 
Ireland in the year 1879. 
Hitieing in 123. As regards Scotland, billeting was rogulated by a number 
of Acts passed before thé Union with England, which, while 
biting free quartering, contained no definition of the homes 
i Billets, so that private housse were hot exempt. At the 
time of the , in 1708, the Mutiny Act was extended to 
Seotland,and a provision was inserted (¢)allowing officers and soldiers 





sasfss 
if 
$ 
qf 
; 
2 
£ 
E 
¥ 
z 











mabjonk o> therafony with 
rei tole padi g Ashen iach 


army 
‘cee! pean cage ec connected with 
Toms — ee ae ae if 


ton. 
eset 
lamengrney. 





ae 


WAR 
8 143 of 


a tae tos 
are alxo Be eS the Gan ‘Tompe ee a ee (7) a and 
‘various local Acti. ions were extended 

in 1867 (@). 


the regular, reserve, and auxiliary forces ae. well te 

forces. The Act of 1883 reduces the maximum fares and Week 

the provision of such description of cirriages ax aro specified 

i route, but provides that if the company  loaos the 

rs ata an pia reve tahoe ene 

to the exemption from ity, they are to con’ 
Taguage on the same tormm’ aa if the Act had Hot 





180. In I87L it wax enacted that when Hur Majesty by Onler in 
feta. Council declared that an emergency had arisen in Which it was 
I expedient for the public service that the Government should have 
control over the railroads in the United Kingdom, or any of them, 
the Secrutary of State might empower any person to ke ee 

af any railioed, and of the plant belonging thereto, an the 





‘Souinanry and volunteers, ax well me 42 tnlitin 


111, 6. 107. The onactmont now in toren tx «181 off 


al 


Conveyance of Troops by Railway. 183 


same for Her Majesty's service in such manner as the Secretary of 
State might direct. “Full compensation must be paid to the persons 
whose railroad is taken possession of (4). The Secretary of State 
is, by the National Defence Act, 1888, authorised to claim 
precedence for traffic for military purposes over all railways whilst 
an order for the embodiment of the militia is in force @. Thi 
Act, as well as the Act of 1871, extends also to tramways. 











(a) 34.& 35 Viet. ©. 86, 8. 16 
252 Viet! 6. M1, 8,4.) See below, Part ULL, 











—_—. 





arin we ether se hr by ea of pram 


7G 
He 
i 
3: 
ue 
sa F 
i 
#2 
4 


| 
| 


ie 


12, A since 1870, ander the Recruiting Regulations, bel 
fee sgl for evn ipa corps, bat otherwise he bs, 
for general servis ot general service infantry), OF 

wo cavalry), and, if enll for service, 


EH 
ce 
= 
ia 
Eat 
al 


as 
‘or some corps of those arms of the service, but le 
fired, wilkin Sires months of his attestation, 1a any other eocga of 
‘the sae arm or branch of the service («) 
Poweeto APT per: fo rane uted 8 to be exercised in such « 
Mranaler manner a make ft ve and much dreaded by the soldier, 
fomer The Mutiny Act in authorised courtemartial to 
‘ots sentence deserters to be for service In foreign : 
Lut subsequently trunsfer, except by consent or ay a poniniment, 
was 5 
14. At when once a soldier ix appointed to a corpe for 
a wineh he Gntited (on i Tha’ wullstdt ry penoval aryl Ma Tae 
fete: — for three months in acorps to which he hic: been may 
auake it his home wo: aus he serves with the colours, provided he 


is corpa is ordered taserve, He may be tranaferred, however, 
to another corps wit is own ement, cr compuborily, /‘The com: 
pay, Pete either—(1) for the purpose of retaining 
int 
46. It may happen that « man who is appoit 
, with advan be transferred to the infantry, if he is 


to lean to ride; while a man may be transferred to another 
for the parpose of serving with « brother, These cases would 
with his consent 





poe pee ere heey be " 
same branch of the service in the United Kin 
—_ or to the reserve. Similarly, whens a regiment or battalion 
is ordered home or to another station, a avldier who has (in addition 
to his reserve service) two years’ anny sctvice to run_under his 
igi i may, for the purpose of serving abroad the 
residue of his peepee be enna’ compulsorily to another 


corps of the same 
sinpenbt 17. A soldier who has been 


or| 
commuted into m lability to general service, and he may ‘hen! 


transferred from time to ti corps. This power 
well be exercised in cases where sid geia into tronble ia thal 








z= (a) Army Act, + (1), 1 

















Aig ep 
ned ie 
pf ae 
eB 
Tks 


. ui 
ak 


is 


ern ren 
ena gee 


as ae 7 gi 
a wal nad | 


i iii 





rae the hij 


ray Act, «99 (1. 


yen 


nanny 
ma} 


iy, 


workhouse: 


Dineh 





ie, 
a rege 
rgeablo, and ifhe ix a dangerous 


‘. 


hunati 


to military law, 
Petia felercieae sean 
; 
Of a soldier's desires, aod ever now in » Lime af ea 
OF 
to 
h U) (Q, aleo Rule 128, 
sailing them co 


ject 
soldier is a I 
6 in 
TV 1 Vick 020; a1 
oe. 
iad 





r 
‘Alorwasiee 


, 


isi 





ter, and cause of discharge, U1 


United Kin 


enlisted in’ 


on the 
ites an 


‘remmeainn sul 
a 


diebarge. 














. 


‘Ob, XE, (5) Of the Bervico hich is. i 
pia yey Me fa i manag ee ber oe 
(6) OF the Army Medical Servi 


we afiited 





in the ume way nn in the case af reg Y 
in connection with some of the above ecrps civitians are employed 
who are not subject to military daw. 

7. itia to mention various 


inte ‘Army At atch, ns they are not. jars 


SF ment, is appointed to a corps, and ix to serve in any part of 
itt lng for th whl he mitany He to ti to 
hes ext appointed. The etre ar sl apointl 
alike officers of Hie Majesty's forces,: 


which 






eee ards a thal cela ane ooo who, ha 
fet ruled ante tenga, wus in arenas oo ge 
‘the service while abroad aCe Ae tale. pt 
at home (c). Kaactly the same principles are applicible to com- 
Ye 





missions in the ara: 

contains four tattations of Boch of the shoro reginents, ast ewcle 
eee teanetiennn seein ie Toyo 
pears ok wo preeaener, KM, pare. 38, 


tard ‘Herr. 24195 Vertue v, Lord Chine, 
t as Be BR DR er chard 


a Feat ‘We cham of Gedy tn x perce Trénohand, 
: 





TET 


ed 
ae 


238 
rb 
4 


ig 


Bue i L : 
mea te 
it 





(els 


2 iM 


Pi en 
ee 
8 245 


os 


Gea He 
“ial 


Hy 


eget 
of the officer 


e documents are made 
‘al 
ra are to be in 


FF 


and passes into Section B, 


Resarva, V,W, and X 
it is 
D consists of men who, on the comy 


ip 


Sections A and Bof the Arm: 
infant 


X, after. 
ivapsioncn Ce 


8 


ae 
#52 


18, Some exary] 


srt 


Hl 





‘tion, 
ileted wholly 
partly in Sect 
to serve for 


gaged, 


in this section. In the case of the 
men who ondischarge after complet 


ent (when conypl 


eer 
enlisted or re-e1 
ears 


the colours and 


: 


un 
pile 
i 





: 
ili 


sess 











i 
: 


900 

Gh, XI. mised in tho 1755, and consinte of two divi the Infantry 
and "The arti Ne Thoyal Aittlery 
liable 


mu ioe 
if seamen of the Royal 
aon, the books of nny of Tis Majesty's 


i 

a 
i 

i 
i 


f 
ui 
2 


A 
3 
i 
y 
i 
z 
i 


x 
: 

i 
Be 
tf 
ef 
a 
i 


# 
i 
i 

e 
Bs 
*F 
i 
# 
iH 
4i 


iE 
83 
: 
i 
ae 
i 
i 





a 


Marines, and a) 


ther part: of th 

had been enlisted for the force to which he ia tras ae 

Forepes of | 86. The of the marine force are included in 

ries, for the Admiralty, and the force ix under the control of the} 
Pata: and nob fi the a ob Bite fi Wins a 
Admi xerciae, 7 inctions| 
that. Saicneior rele? In the case. of the land forcen, dircedly” Bi 
Hin Majesty (f). 

Ausitiary Forces (9). 


fantectian 97. The auxiliary forces are connected with the Jar forces by 
nuatliary the inclusion of militia and tho volunteers the different 
‘4nd regular localities in the regiments of regulars before mentioned. Certain 


battalions of thove coitus aro militia battalions, and others _ 


les Bee ate tee ibe lle 
en militia for same county, 
giwailiie” but the King has power by order under tho band of a Sceretary of 


Pai ‘As to precedence, KR, pare. HU. 





Wahi viera on vies 1 
wan vi or ar 
Army Act, ® 150 (ii), as amended ty » T of Aunual Act, 1864, and «. 7 of 


yual Act, 
ES eee 


teatelal Wocraments: 40.190 of ta 


Xo notice ie taken Tp this chapter of ihe Territorial and Reserve Forces Act, 107, 
‘ee abore, Adeertinement, Fil, 
‘hy, Bes aioe: pare: Sant nets the Certain regiments, howerer, of 


vereto. 
‘votunteers ind in reaimiente it Yorn 
Saher pea the heating “Cory compen why casas tstene bate Magal 








a 
| 
i 


et 
ite 
ul 


Hy 
: 
? 
ef 


er 
i 
E 
& 
: 
g 


i 


E 
| 
S 


EEE 
Pie 

rH 

i 


ut 


ai on ). 

‘Besides the non-coxn officers and men of the militia 
who are merely called out occasionally for annual there 
are certain non-commissioned officers and men in mens 

who the oie and other officers, the 
permanent staff of the militia, and train the reornite, and on 
‘the administration ie battalions, All ae are 





nor more than 28 daye in eve at such times and places in the 
United Kingdom sa the okies and regulations fiz; and/ Hs 
Majesty in Counell may extend the period of training to 66 

, His Majesty fn Council may at any time reduc the patie 
of training to lew tlin 21 days, or suspend it entirely (4). Ln the| 
ou ilitimnen enlisted after the 16th August, 1901, and. 
in the mobile militia artillery, the period ix to 

Uy the regulations hot exceeding 84 are 

‘Under the provisions of the Militia and ener 1902 (6), 
the Secretary of State has power to dispense wit 


a 
g 


Maio 101, 102, ' 
Milka Atk, 188 wre te The fms to the onters rendered 1b une 
Ae reenact tbe provisions of 6 and 36 Vict. ¢. A, «A, and Mile 
to the coutmsnious te Milt oficers ans their caning wit 


iy ihe 
Et i a 
Militia “Art 18, se 16, 17. Aa to the period now im force, a¢e 
d 








2 & 
& 
: 


: 
i 
| 

L 
fe 


Hh 
i 
1 
: 


to enlist, enlists or enrols himself nes the regula, 

or ar r, TeRerve, 
or in force raised in Tndia 
Soe ee 
5 
to 


a 
Seer 
A 
z 
E ia] 
a 
E 
i 
Saga 
He 


ne 
ER 
ae 
HE 
He 
BEoE 

Hi 


fi 
(¢ 
i 
it 
i 
i 


ie 
He 
cb 


be 
= 
: 

He 
i 
; 
é 
i 
= 
E 
i 


tried’ uilher:by oonrt-martal of by: cour’ of, eaktumaxy" 

tn a wa bythe Cia Cute seed 

Acie lan ri see tthe iin 

dipchanged socoedl eet aria 

‘Certain extuptions of officers and men of the milltis’ are 

seeMonnd beaters (ly 

~ The City of London stil! has ils separate militia, as if ib 

wate county, and in London the lieutenant’s commision: 

to a number of porsonn, ag waa frequently doue before 
ik fan dvd ao arated 


| 
i 


wa f 
sists 
E! 


ai 





‘will naw be shortly dealt with. 
Pointe ot th, like @ militia recruit, a recruit for the yeomaury’ 
asrenee ig enlinted for the county for which he is raised, thé term of 

mga he a EN ‘Mo alwo forfeits bounty, under the 


ia (9 atte ot 188%. 9D. 





Mines Ryo as. 5) at chet 
as, ee ec 


















oe fri ne 2H Ge 
ii He eel Te = 5 E Hi a 
33 ae izil ; 33 ida fis it nl me 5 4 
any ir He Hh euelliy na 
cares ual Hii Ta 
PSR neh dietetic 
i ghee sp ieeitsciGi Gli iigis! 
eR esu i He i ietadies : 

OH ity The 
ai up. fe aul HG suk gts UE i 


sil iu i 





| 

















| 


ae SUMMARY OF LAW OF RIOT, RIG. 


Ob, 127, tion, isnot an unlawful assembly and cannot be made so, 
— the k ‘that the assembly will be resisted and a breach: 


the peace ensue: 
oy pare) Merit Canclhstes dlusclanee af a pore ERG 





Kuunplesot 7. For example, a mob assembling to pull down or burn a cotton 
ew 


ot” B In tho vane of Hv. Frost (a), the ine nusabering about 
weft” 5000, wore armed any ri aas ie 
thors with mandrils (a kind of pickaxe for eutting coal),and othors 


Newport insert of tilitary order, 
recounoitre, On 


‘this case it was contonded on behalf of the prisoners that the 
object of the insurgents waa to procure the liberation of certain 





oo Bt 
Friale 44 Lard Tdited for hig feawn, but acquitted 
eat tha athe pia of te ry DOU susan ts soos eos. 
ry 
of 


























































































































259 
44: & 45 Vier.—Cn. 53. 


THE ARMY ACT. 


ARRANGEMENT OF SECTIONS. 





Preliminary. 


Short title of Act 6. aka 
‘Mode of bringing Act into force .. 
Division of Act oe ee tee tes 





Parr I, 


DISCIPLINE. 





Cartas axp Poxisuuayrs. 


Offences in respect of Military Sercice. 








Offences in relation to the enemy punishable with death. 4. & 
Offences in relation to the enemy not punishable with death ..  5- 
Offences punishable more severely on active service than at other 
Himes Sy, tee ote ee ase ae aol aes eG 
Mutiny and Insubordinalion, 
Mutiny and sedition... 4. ee aan ot 
Striking or threatening superior officer 4. ss sepa: 
Disobedionce to superior officer v4 weve «9 
Insubordination =. ee weave 10 
Neglect to obey garrison or other orders.» ee weve 
Desertion, Fraudulent Enlistment, and Absence without Leave. 
Desertion ste tea si 12 
Fraudulent enlistment 7 ” on 13 
Assistance of or connivance at desertion . pe 
Absence from duty without leave... a 15 
Disgracefut Conduct, 
Scandalous conduct of offlcer «sv ee 8 
. 7 17 





Fraud by persona in charge of money or goods 
Disgraceful conduct of soldier 4. ae weve we 18 


(Qu) 








260 ARMY ACT. 
Drunkenness. 

Srotiox 

Drunkenness .. seve tee we te 1D 
Offences in relation to Persons in Custody. 
Permitting escape of person in custody 20 
Teregular arrest or confinement +. «+ + at 
Eseape from confinement ., +. ve vest BR 
Offences in relation to Property. 
Corrupt dealings in reapect of supplies to forces .. am, 135. 
Deficiency in and injury to equipment... + Frame 
Offences in relation to False Documents and Statements. 

‘Falsifying official documents and false declarations =. +s 23 





Neglect to report, and signing in blank .. + f 
False accusation, or falso etatement by soldier .. 9 +. 9 ++ 27 
Offences in relation to Courts-martial. 
+ Offences in relation tocourts-martial ==. ewe we BB 
Falscevidence., 6. es te wee rene 
Offences in relation to Billeting. 
Offences in relation to billeting ah aw i 388 


Offences in relation to Impressment of Carriages. 


.Oifences in relation to the impressment of carriages, 
attendants 


ind their 


as ess teat tee aN he + BL 








Offences in relation to Enlistment. 
Fulietment of soldier or sailor discharged with ignominy or 





disgrace -. wee we ee ent we, E 
False answers or declarations on enlistment =... ss 88 
General offences in relation to enlistment... .. sve S4 


Miscellancovs Military Offences. 





Traitorous words oe ” 35 
Injurioas disclosures as 36 
Iil-treating soldior ‘s MEY Face “Ge 37 
Duelling and attempting to commit ae + 88 
Refusal to deliver to civil power officers and soldiors accused of 

civil offences . - 39 





Conduct to prejudice of military discipline, =. 40 


Offences punishable by ordinary Law. 
Offences punishable by ordinary law of England... 4. ws AL 





202 ARMY ACT. 


Miscsttasrovs. 


Articles of War and Rules of Procedure. 
Srcrion , 
Power of His Majesty to make Articles of Wars. ss +e 69 
Power of His Majesty to mako rules of proceduro. «. ws 70 


Command, 
Removal of doubts as to military command a 


Inquiry as to and Confession of Desertion. 





Inquiry by court on absence of soldiér.. 6+ ve ve or 

Confession by soldior of desertion or fraudulent enlistment 73 
Provost-Marshat. 

Provost-marshial as. BS gah 4 





Restitution of Stolen Property. 
Power as to restitution of stolen property .. 


Parr IL. 7 


ENLISTMENT, 





Piriod of Sereice. 












Limit of original evlistment . Fae, <8 7% 

‘Terme of origwal enli * a 7 

Chango of conditio fe ae we 78 

Reckoning and forfeiture of service 6. ewe we 79 
Proceedings for Enlistment. 

Mode of enlietmont and attestation aby 9s © de: Fhe BO 





Power of recruit to purchase diecharge «2 ss weve BL 





Appointment to Corps and Transfers 


Enlistment for yeneral service and appointment to corps .. 82 
Effect of appointment to a corpsand provision for transfers... 88 


Re-engagennt and Prolongation of Service, 
Re-engagement of soldiors .. «sss we weve A 


Continuance in service after twenty-one years’ service 4. + 85 
Re-engagement and continuance of service of non-commissioned 
oflccre ute tee oe 86 





Prolongation of eervice in certain cases. te Ags UEP. 
In imminent netional danger, His Majesty may continue soldiers 
in or require soldiers to re-enter army service oe BB 














268 ARMY ACT. 











Miscellaneoue, 

Srcnion 
Exercise of powers vested in holder of military office... es -171 
Provisions as to warr: and orders of military authorit oe 172 
Furlough in case of sickness... seve 1 198 
Licences of canteens... ss vs < a YS 
Uso of recreation rooms without licenco Bs a 1748 





Parr V. 


APPLICATION OF MILITARY LAW, SAVING PROVISIONS, 
AND DEFINITIONS. 


Persons subject to Military Law, 
Persons subject to military law as officers. 4. ss ae 178; 





Persons subject to military lawassoldiors.. 6. vse 178. 
Persons belonging to colonial forces and subject to malitary law 
aa officers or soldiers =. a ay pee ah PUNE 


‘Mutual relations of regular forces and auxiliary forces... +» 178 
Modification of Act with respect to Royal Marines «swe 179 
Modification of Act with reapect 10 Hie Majesty’s Indian forces 180 
Modification of Act with respect to auxiliary forces ss «+181 
Special provisions as to warrant officers. ws ye ve 18 
Special provisions as to non-commissioned officer «. ++ vs ‘183 
Special provisions as to application of Act to persons not belong- 

ing to His Majesty's forces. = w. ws we ne we 18 


Saving Prorisions, 
Special provisions asto prisonersand prisons in Ireland., «188 
Saving of 29 & 30 Vict., c. 109, ». 83, us to forces when on board 
His Majesty's ships er rae.) 


Definitions, 
Application of Act to Channel Islands ard Iele of Man... 187 
Application of Act to ships. s,s even 188 
Interpretution of term “active service” vee 189 
Interpretation of terms w. wes seve 190 








Pant VI. 
COMMENCEMENT AND APPLICATION OF ACT, AND 
REPEAL. 
o - . *. » se ae 101-193 


Scuepvrns. 























































































































































































































































































































































































































Part IV. 
os. 
179-174, 

Fur 


In caso of 
slokness. 














412 
Rub-section (4). Prescribea. See’ 
Sub-eection (4). ‘This sub-section 

sub-sections (2) and (3). These m 

where the order, warrant, or dos 

authority to issue i In such @ 

warraut from a Secretary of State 

178. If any soldier on furlough 
casualty rendering necessary any ¢) 
place, and there is not any officer in 
duty of the rank of captain, or of 
distance of the place, any justice of 
such necessity may grant an ex 
not exceeding one month ; and the 
immediately certify such extension 
commanding officer of such soldier if 

Secretary of State. The soldier may 

commandiug officer or other competent 

furlough shall not be deemed to be ex! 
save as aforesaid, the soldier shall not in 

such extension of furlough be liable to lm 


or as absent without leave. 
Nore. 


A soldier who makes a felso statement to an offen 
extension of his furlough may be tried and pro 
8.27 (4). 

174. (1.) When a person holds a canteen 
of a Secretary of State or the Admiralty, it 
any two justices within their respective jar 
transfer, or renew any licence for the time being 
such person to obtain o hold any excise licencs 
intoxicating liquor, without regard to the & 
without regard to the requirements as to noti. 
otherwise, of any Acts for the time being in for 
licences; and excise licenees may be granted 
accordingly. 

(2) For the purposes of this section the ex, 
includes any licence or certificate for the time 
by law to be granted, renewed, or transferred by 
the peace, in order to enable any person to obtait 
excise licence for the sale of any intoxicating liquor. 








Nors. 
‘This section now applies ouly ay regards Ireland, having bx 

regards England by the Licensing Act, 1902 (2 Edw. 7, ¢ 

ind as regards Scotland by the Licensing (Scotla’ 

(@ Edw.7,c. 26), #. 110, Sch, xiii, Under tho provisions of &. ">" 

‘of 1902 and &. 50 of the Act of 1908 respectively, excise licences ™* 

canteens may be granted in England and Scotland without a just. 

‘or certificate to any persons holding canteens under the enti” 

Becretary of State. ioe 




















































































































413. 
114, 
115. 
6. 
117. 
118. 
119. 
120, 
121. 
122, 
123, 


Regul 


Arrangement of Rules. 461 


Plea to jurisdiction, 

Evidence. 

Mode of swearing witness and solemn declaration. 
Defence. 

Acquittal. 

Sentence. 

General provisions as to votes and powers of court, 
Confirmation. 

Application of rules, 

Definitions, 

Evidence of opinion of convening and confirming officer. 





Part II.—MISCELLANEOUS. 


ations for Courts of Inquiry, other than Courts of Inquiry 
held under section 72 of the Arny Act. 


124. Courta of Inquiry. 


Regulations for Courts of Inquiry under section 72 of the Army 


abet, for the purpose of determining the ilegal Absence of 
Soldiers, 


125. Courts of inquiry as to illegal absence under sect. 72. 


Explanation of “Prescribed” and “Commanding Oficer.” 


126. Prescribed officer for committing, removing, commuting and 


127. 


discharging authority and for the purpose of ss. 43 and 73. 
Prescribed procedure for court of inquest (India) under 
sect, 133. 


198. Prescribed officer for competent military authority (sect. 101). 


130, 





Definition of commanding officer.” 


Prisons and Detention Barracks Abroad. 


Committal and removal of soldiers under sentence in one 
colony to authorised prisons or detention barracks in other 
colonies. 





Part III.—SUPPLEMENTAL. 


Exercise of powers vested in holder of military office. 
‘Cases unprovided for. 

Forms in appendices, 

Detinitions. 

Construction of rules. 

Application of rules to Channel Islanda and Isle of Man. 
Extent of application of rules, 

Short title. 

Commencement of rules, 





(.t.) a2 


452 


RULES UF PROCEDUER, 


FIRST APPENDIX. 
Forms of Charges, 





SECOND APPENDIX. 
Forms as to Courts-Martial, 





THIRD APPENDIX. 
Forms of Commitment. 





RULES FOR FIELD PUNISHMENT. 





























































































































































































































































































































558 RULES OF PROCEDURE. 


SECOND APPENDIX. 


FORMS AS TO COURTS-MARTIAL. 


App. II. 
FORMS FOR ASSEMBLY OF COURTS-MARTIAL. 
No. 1,—General. 
Form of Order for the Assembly of a General Court-Martial. 
orders by commanding the 
(Place, date.) 
The detail of officers as mentioned below will assemble at 
on the day of for the purpose of trying by a general 
court-martial the accused person [persons] named in the margin [and 
tach other person or peracha aa may be brought before thens]* 
PRESIDENT. 
is appointed president. 
Fe case Mensens, 
ders and the 
malting 
bors Wairine Mewpens, 
mentioned 
ih member ‘Jovax-Apvocare. 





agen. has been [or where the convening officer has 
Beat may the appointment of a judge-adoocute, is hereby] pres & cated 
hamed. 


advocate. 
The accused will be warned and all witnesses duly required to 
attend. 
The proceedings will be forwarded to 
ao. Signed this ‘day of 
¢ Bronte 
‘AB. 





# Any opinion of the convening officer with respect to the composition 
af the Court (see Rules of lute 30 and 21) should be added here 
thane 


In the opinion of the convening officer, officers of different 
corps are not, having due regard to the public service, available,” 
or as the case may 

+ Add here, if the President is under the rank of field officer, and 
the officer convening the Court is not under that rank, In the opinion 
of the convening officer a field officer ia not, having due regard to 
the public service, available.” 






























































App. IL. 


580 RULES OF PROCEDURE, 


FORM OF SUMMONS. 
Form of Summons to a Civil. Witness, 


To 

Whereas a court-martial has been ordered to assemble 
at on the day of 19, for 
the trial of of the regiment, { do 
hereby summon and require you A. B 
to attend, a8 a witnes, the sitting ofthe said Court at 
on the day of o'clock in 
the forenoon fand to bring with you the documents hereinafter 
mentioned, namely, 1, and so to attend from day to 
day until you shall be duly discharged, whereof you aball fail at 
your peril. 

Given under my hand at on the day of 

* (Signature) 


Convening Officer [or Judge-Advocate cr 
President of the Court or Commanding 
Officer of the Accused]. 


FORM FOR ASSEMBLY AND PROCEEDINGS OF FIELD 
. GENERAL COURT-MARTIAL (a). 


PRoceeDines. 
*At , this day of 1. 
Beginning of Form where Troops are not on Active Service. 

‘Whereas complaint has been made to me, the undersigned, an 
officer in command of in the above-named 
country, that the persons named in the annexed schedule, bein 
subject to military law, aud under my command, have committed 
the offences in the said schedule mentioned, being offences 
the property or person of inhabitanta of of fevidesta fa, the above. 
mentioned country. 


Beginning of Form where Troops are on Active Service. 
Whereas it appears to me, the undersigned, an officer in com- 
mand of on active service, that the persons named 
in the annexed schedule; and being, subjoct to military law, have 
committed the offences in the said schedule mentioned. 


End of Form applicable to all cases. 


Aud Iam of opinion that it is not practicable that such offences 
should be tried by an ordinary general court-martial ; 
[and that it fo not practigable to delay the trial for reference 





to a superior qualified officer]. 
' “Thereby convene a field general court-martial to try the said 
persons, and to consist of 
Prestpexr. 
Rank. Name, Regiment. 








(0) Sew Rutos 105-133, 











584 RULES OF PROCEDURE. 


“Not guilty” up to and including the finding; and then, on the 
plea of “Guilty an entry being made on page D that the Court 
ts reopened and the aceused again brought before it 

‘The charge-sheet is to be inserted in the ings after 
sheet B ; all other documents are to be attached at the end of the 
proceedings in the order of their production to the Court, 

Every document attached to the proceedings should be signed 
by the’ president and marked with a reference letter, preferably 
not one used in Army Form A 9 or B 297. : 

In the case of a plea of “Not guilty” the summary of evidence 
will, as a general rule, be enclosed with the proceedings when sent 
to the confirming officer ; and in cases where there is any material 
variance between the evidence of any witness in the summary and| 
his evidence at the trial, the summary must be annexed to the| 
proceedings when so sent. 

All erasures of written or printed matter, and all corrections 
should be initialed by the president. 

Pages should be numbered consecutively up to the end of the 
procetlings, after they have been put together in the order 
prescribed. 

Sufficient space should be left below the sentence and signature 
of the president for the minutes of confirmation and promulgation. 

The loliowing form of promulgation should be weed — 


Promulgated and extracts taken at 
this day of ld a 





Signature of the officer in charge 
of documents, 






























































































































































































































































































































































































































































































































































































































































802 


[References to the A.A. are in thiok type, those to the B.P. in italics.) 


Yeomanry— continued. 
Court-martial for trial of member of, yeomanry officer if 
possible to be member of. 87, 207, B17, 423, 466 











Enlistment, fraudulent, by member of ase1 
»__in regulars, deduction from pay incase of .. 386-7 
Exponses of, Government allowances towards =. we 205 
Falso answer on attestation “ vs a5 BI, 640 
History of “oavtaghs + Jis7, S06 
ressment of carriages for a 2 183 (a) 
Treas, foe ewe ye oat ite 
Juries, exemption trom service on, of officers of 3. se 
Turisdiction, &c., over, re-vested in Crown... se 617, ar 


‘Military law, application of, to 176, 205, 414, 410, 407, 419, 431 
Militia Acta, application of, to... + 196, 638 (4) 958 

and, points of difference between + 2046 
‘Modification of Army Act with respect to 
Numbers of, no restriction as to 
Officers, rank of 












visions as to. 








Tolls, exemptions from.. ss. 

‘Training— 
Absence from.. s+ Gs (0) 
‘Annual, liability to and period of 205, 416, 637 (5), 653 





Liability for further, for desertion, absence without leave, 
or fraudulent enlistment .. ++ +e 641 (8) 
Preliminary, provisions as to, do not apply to... 687 (a), 658 

Yorkshire, Ridings deemed separate counties for purposes 
of Militia Act. 6. eee wee or 











(Wt, 19947 40,000 11] 07—H&S 8384)