Power to Secre-
tary of State for
India to pay to

Sir J. L. M.
Lawrence the

full Amount of
Salary as Go-
vernor General
of India, in ad-

dition to Annuity granted by East India Company.

Number of Men

to consist of 146,766, including those employed at

Depôts of Regiments serving

in India, but exclusive of

those actually serving in India.

Sir John Lawrence's Salary.

Mutiny.

Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the

same :

1. That the herein-before recited Provisions of the said Act of the Session of the Third and the Fourth Years of the Reign of King William the Fourth shall not have any Application in the Case of the said Annuity of Two thousand Pounds per Annum granted to the said Right Honourable Sir John Laird Mair Lawrence as aforesaid; and accordingly it shall and may be lawful for the Secretary of State in Council of India to pay, and for the Right Honourable Sir John Laird Mair Lawrence to receive, the full Amount of the Salary of the Office of Governor General of India during the Time of the Continuance of the said Right Honourable Sir John Laird Mair Lawrence in such Office, without any Reduction or Diminution in respect of the said Annuity of Two thousand Pounds, anything in the said Act or in any other Act or Acts contained to the contrary notwithstanding.

C A P. III.

An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.

[18th March 1864.] [The Sections now printed are either entirely new or have been materially altered.]

WHEREAS the raising or keeping a Standing Army within the United Kingdom of Great Britain and Ireland in 'Time of Peace, unless it be with the Consent of Parliament, is against Law: And whereas it is adjudged necessary by Her Majesty and this present Parliament that a Body of Forces should be continued for the Safety of the United Kingdom, the 'Defence of the Possessions of Her Majesty's Crown, and the 'Preservation of the Balance of Power in Europe, and that the

whole Number of such Forces should consist of One hundred and forty-six thousand seven hundred and sixty-six Men, including Nine thousand three hundred and forty-seven, all Ranks, to be employed with the Depôts in the United Kingdom of Great Britain and Ireland of Regiments serving in Her Majesty's Indian Possessions, but exclusive of the Numbers actually serving within Her Majesty's Indian Possessions : And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm by Martial Law, or in any other Manner than by Judgment of his Peers, and according to the known and established Laws of this Realm; yet nevertheless it being requisite, for the retaining all the before-mentioned Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny or stir up Sedition, or shall desert Her Majesty's 'Service,

A.D. 1864.

27° & 28° VICTORIÆ.

Mutiny.

C.3.

5

'Service, or be guilty of Crimes and Offences to the Prejudice of
good Order and Military Discipline, be brought to a more
exemplary and speedy Punishment than the usual Forms of the
Law will allow Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, as
follows:

2. All the Provisions of this Act shall apply to all Persons Persons sub-
who are or shall be commissioned or in Pay as an Officer, or who ject to this Act.
are or shall be listed or in Pay as a Non-commissioned Officer or
Soldier, and to all Persons employed on the Recruiting Service
receiving Pay, and all Pensioners receiving Allowances in respect
of such Service, and to Persons who are or shall be hired to be
employed in the Royal Artillery, Royal Engineers, and to Master
Gunners, and to Conductors of Stores, and to the Corps of Royal
Military Surveyors and Draftsmen, and to all Officers and Persons
who are or shall be serving on the Commissariat Staff or in the
Commissariat Staff Corps, and to Officers serving in the Military
Store Department, and to Persons in the War Department, who
are or shall be serving with any Part of Her Majesty's Army at
home or abroad, under the Command of any Commissioned Officer,
and (subject to and in accordance with the Provisions of an Act
passed in the Sixth and Seventh Years of the Reign of Her
present Majesty, Chapter Ninety-five,) to any Out-pensioners of
the Royal Hospital, Chelsea, who may be called out on Duty in
aid of the Civil Power, or for Muster or Inspection, or who having
volunteered their Services for that Purpose shall be kept on Duty
in any Fort, Town, or Garrison, and to all Military Store Officers
and other Civil Officers who are or shall be employed by or act
under the Secretary of State for War at any of Her Majesty's
Establishments in the Islands of Jersey, Guernsey, Alderney,
Sark, and Man, and the Islands thereto belonging, or at Foreign
Stations; and all the Provisions of this Act shall apply to all
Persons belonging to Her Majesty's Indian Forces who are or
shall be commissioned or in Pay as Officers, or who shall be listed
or in Pay as Non-commissioned Officers or Soldiers, or who are
or shall be serving or hired to be employed in the Artillery or
any of the Trains of Artillery, or as Master Gunners or Gunners,
or as Conductors of Stores, or who are or shall be serving in the
Department of Engineers, or in the Corps of Sappers and Miners,
or Pioneers, or as Military Surveyors or Draftsmen, or in the
Ordnance or Public Works or Commissariat Departments, and to
all Storekeepers and other Civil Officers employed under the
Ordnance, and to all Veterinary Surgeons, Medical Storekeepers,
Apothecaries, Hospital Stewards, and others serving in the Medical
Department of the said Forces, and to all Licensed Suttlers, and
all Followers in or of any of the said Forces; provided that
nothing in this Act contained shall extend to affect any Security
which has been or shall be given by any Military Store Officer,
Barrack Master, or other Officer, or their Sureties, for the due
Performance.

A 3

Expiration of
Imprisonment

of Soldiers in
Common Gaols.

Re-engagement of Soldiers for

a further Term.

Mutiny.

Performance of their respective Offices, but that all such Securities shall be and remain in full Force and Effect.

33. Every Gaoler or Keeper of any public Prison, Gaol, House of Correction, or other Place of Confinement, to whom Notice any shall have been given, or who shall have Reason to know or believe, that any Person in his Custody for any Offence, Civil or Military, is a Soldier liable to serve Her Majesty on the Expiration of his Imprisonment, shall forthwith, or as soon as may be, give, if in Great Britain to the Secretary of State for the War Department, and if in Ireland to the General commanding Her Majesty's Forces in Ireland, or if in India to the Adjutant General of the Army, or to the nearest Military Authority with whom it may be convenient to communicate, Notice of the Day and Hour on which the Imprisonment of such Person will expire; and every such Gaoler or Keeper is hereby required to use his best Endeavours to ascertain and report in all Cases where practicable the particular Regiment or Corps, Battalion of a Regiment or Battery of Artillery, to which such Soldier belongs, and also whether he belongs to the Depôt or the Head Quarters of his Regiment; and in the event of his being a Recruit who has not joined, that it may be so stated in his Report, together with the Name of the Place where the Man enlisted. In all Cases where the Soldier in Custody is under Sentence to be discharged from the Service on the Completion of his Term of Imprisonment, and the Discharge Document is in the Hands of the Gaoler, such Gaoler shall not be required to make any Report thereof to the Secretary of State for War, or to the Military Authorities hereinbefore referred to.

54. Any Soldier at any Time during the last Six Months of the Term of limited Service for which he shall have first engaged, or after the Completion of such Term, may, with the Consent of his Commanding Officer, if approved by competent Military Authority as a fit Person for Her Majesty's Service, be re-engaged to serve for the further Term of Eleven Years in the Infantry, and Twelve Years in the Cavalry, and Nine Years in the Artillery or Engineers, upon making a Declaration, in the Form given in the Schedule annexed to this Act, before any One of Her Majesty's Justices of the Peace in Great Britain or Ireland, or if not in Great Britain or Ireland before any Person duly appointed to enlist and attest out of Great Britain and Ireland any Soldiers or Persons desirous of enlisting or re-engaging in Her Majesty's Service; and on the Expiration of the Second Term of limited Service for which any Soldier shall have engaged, the said Second Term of limited Service may be prolonged for such further Time, not exceeding Two Years, as shall be directed by the Commanding Officer of the Station where such Soldier may be at the Time of the Expiration of such Service; and any Soldier who shall give Notice to his Commanding Officer, after completing his Second Term of limited Service, that he is desirous of continuing in Her Majesty's Service, and being approved by

competent

Mutiny.

otice

Wor

Civi

the

competent Military Authority, may be continued in such Service
as a Soldier so long as he shall desire to be so continued, and
until the Expiration of Three Calendar Months after he shall
have given Notice to his Commanding Officer of his Wish to
be discharged, and for that Purpose shall be considered in all
respects during such Time as if his Term of Service were still
unexpired.

59. No Secretary of State for the War Department, Paymaster Authorized
General of the Army, Paymaster, or any other Officer whatso- Deductions
ever, or any of their under Officers, shall receive any Fees or only to be made
make any Deductions whatsoever, out of the Pay of any Officer from the Pay
of the Army.
or Soldier in Her Majesty's Army, or from their Agents, which
shall grow due from and after the Twenty-fifth Day of April
One thousand eight hundred and sixty-three, other than the usual
Deductions, or such other necessary Deductions as shall from
Time to Time be authorized or required by Her Majesty's
Regulations or Articles of War, or by Statute Twenty-six and
Twenty-seven Victoria, Chapter Sixty-five, Section Eight (Volun-
teer Act), or by Her Majesty's Order signified by the Secretary
of State for the War Department; and every Paymaster or other
Officer who having received any Officer's or Soldier's Pay shall
unlawfully detain the same for the Space of One Month, or refuse
to pay the same when it shall become due, according to the
several Rates and agreeably to the several Regulations established
by Her Majesty's Orders, shall, upon Proof thereof before a Court-
martial, be discharged from his Employment, and shall forfeit One
hundred Pounds, and the Informer, if a Soldier, shall, if he demand
it, be discharged from any further Service.

105. Any Officer or Soldier, or other Person subject to this Officers and Act, who shall be serving in the Territories of any Foreign State Soldiers servin India, or in any Country in India under the Protection of ing in India. Her Majesty, or at any Place in Her Majesty's Dominions in India (other than Prince of Wales' Island, Singapore, or Malacca), at a Distance of upwards of One hundred and twenty Miles from the Presidencies of Fort William, Fort Saint George, and Bombay respectively, and who shall be accused of having committed Treason or any other Crime which, if committed in England, would be Felony, may be tried by a General Courtmartial, to be appointed by the General or other Officer commanding-in-chief in such Place for the Time being, and, if found guilty, shall be liable to be sentenced by such Court-martial to suffer such Punishment as might legally have been awarded by any of Her Majesty's Courts of ordinary Criminal Jurisdiction within Her Majesty's Dominions in India in respect of an Offence of a like Nature and Degree, and committed within the Jurisdiction of such last-mentioned Court; but no Sentence of a General Court-martial for any such Offence shall be carried into execution until the same shall have been duly confirmed; and it shall be lawful for such General or other Officer commanding-in-chief as aforesaid, except as is herein-after provided, to confirm the

A 4

Sentence

Duration of this Act.

Mutiny.

Sentence of any such General Court-martial; and such General or other Officer as aforesaid may, if he shall think fit, suspend, mitigate, or remit the Sentence; or, in the Case of a Sentence of Penal Servitude, may commute the same to Imprisonment, with or without Hard Labour, for such Period as to him shall seem fit: Provided always, that in all Cases wherein a Sentence of Death or Penal Servitude shall have been awarded by any such General Court-martial held for the Trial of a Commissioned Officer, or where a Sentence of Death shall have been awarded by any such General Court-martial held for the Trial of any Person subject to this Act other than a Commissioned Officer, such Sentence shall not be carried into execution until it shall have been duly confirmed by the General or other Officer commanding-in-chief Her Majesty's Forces in India, with the Concurrence of the Governor General in Council: Provided also, that any Person who may have been so tried as aforesaid shall not be tried for the same Offence by any other Court whatsoever.

106. This Act shall be and continue in force within Great Britain from the Twenty-fifth Day of April One thousand eight hundred and sixty-four inclusive until the Twenty-fifth Day of April One thousand eight hundred and sixty-five; and shall be and continue in force within Ireland, and in Jersey, Guernsey, Alderney, Sark, and Isle of Man, and the Islands thereto belonging, from the First Day of May One thousand eight hundred and sixty-four inclusive until the First Day of May One thousand eight hundred and sixty-five; and shall be and continue in force within the Garrison of Gibraltar, the Mediterranean, and in Spain and Portugal, from the First Day of August One thousand eight hundred and sixty-four inclusive until the First Day of August One thousand eight hundred and sixty-five; and shall be and continue in force in all other Parts of Europe where Her Majesty's Forces may be serving, and in the West Indies and America, from the First Day of September One thousand eight hundred and sixty-four inclusive until the First Day of September One thousand eight hundred and sixty-five; and shall be and continue in force within the Cape of Good Hope, the Isle of France, or Mauritius and its Dependencies, Saint Helena, and the Settlements on the Western Coast of Africa, from the First Day of January One thousand eight hundred and sixty-five inclusive until the First Day of January One thousand eight hundred and sixty-six; and shall be and continue in force within British Columbia and Vancouver's Island from the Date of the Promulgation thereof in General Orders there inclusive until the First Day of January One thousand eight hundred and sixty-six; and shall be and continue in force in all other Places from the First Day of February One thousand eight hundred and sixty-six inclusive until the First Day of February One thousand eight hundred and sixty-seven: Provided always, that this Act shall, from and after the Receipt and Promulgation thereof in General Orders in any Part of Her Majesty's Dominions or elsewhere

beyond