be inquired into, and, if necessary, tried before a competent courtmartial. CARRIAGES.1 9. THE commanding officer of every corps ordered to march is to apply to the proper magistrates for the necessary carriages; — and to pay for them as directed by the Mutiny Act. ARMS AND STORES.2 10. EVERY captain is charged with the arms, accoutrements, ammunition, clothing, or other war-like stores belonging to the troop or company under his command, for which he is to be accountable to his colonel or officer commanding the regiment, in case of their being lost, spoiled, or damaged, not by unavoidable accident or on actual service. 11. 3ALL public stores taken from the enemy, whether of artillery, ammunition, engineer stores, clothing, forage, or provisions, shall be secured for our service, and the officers commanding in chief are to be answerable to us for any neglect in this respect. REDRESS OF WRONGS. 12. IF any officer shall think himself wronged by his commanding officer, and shall, upon due application made to him, not receive the redress to which he may consider himself to be entitled ; — he may complain to the general commanding in chief of our forces, in order to obtain justice; who is hereby required to examine into such complaint; and either by himself, or by our Secretary of State for War, to make his report to us thereupon, in order to receive our further directions. 5 *13. IF a non-commissioned officer or soldier shall think himself wronged [in any matter affecting his pay or clothing] by his captain, or other officer commanding the troop or company to which he belongs, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court of inquiry for the purpose of determining whether such complaint is just; from the decision of which court of inquiry either party may, if he thinks himself still aggrieved, appeal to a general court 1 This (9) was Article 34 of 1717. Art. 43 of 1717, and sec. 13 Art. 4 of 1748. Each Captain is responsible out of his contingent allowance for damage to arms, &c. Vol. I. p. 41, and Vol. II. pp. 115, 209, and 675. 3 Art. 17 of 1717, and sec. 14 Art. 20 of 1748. Art. 19 of 1717, and sec. 12 of 1748. See Chap. VI. pars. 12 and 13; XI. par. 24. The recent cases of Dawkins v. Rokeby, 4 Fos. and Fin. p. 833, and 8 L. R. (Q. B. p. 266); Keighley v. Bell, ib. p. 798. 5 Inserted in 1856. martial; [1and such court shall hear and determine the merits of the appeal, and after determining the same, and after allowing the appellant to show cause to the contrary, by himself, and by witnesses, if any, may either confirm the appeal or dismiss it without more, or may, if it shall think fit, pronounce such appeal groundless and vexatious, and may thereupon sentence such appellant to such punishment as a general court-martial is competent to award : 2 Provided that no stoppage of pay in respect of barrack damage duly assessed by a court of inquiry shall give any non-commissioned officer or soldier a right of appeal to a general or other courtmartial.] MAINTENANCE OF GOOD ORDER.' 14. EVERY commanding officer shall keep good order, and to the utmost of his power redress all disorders committed by any officer or soldier under his command; and all officers and soldiers are to behave themselves orderly in quarters and on their march, and are not to quit their camp or quarters, or to fail at parade. 15. ALL officers, of what condition soever, have power to quell all quarrels, frays, and disorders, though the persons concerned should be of superior rank, or belong to another corps, and either to order officers into arrest, or soldiers into confinement, until their proper superior officers shall be acquainted therewith. 16.5 NO officer shall use any reproachful or provoking speeches or gestures to another. PROCEEDINGS ON COMMISSION OF OFFENCES." 17. WHENEVER any officer or soldier shall be accused of a capital crime, or of violence, or any offence against the persons or property of our subjects, punishable by the known laws of the land, the commanding officer and officers of his corps are, upon application duly made in behalf of the party injured, to use their utmost endeavours to deliver over such accused person to the civil magistrate; and assist the officers of justice in apprehending and securing him. 7 18. WHENEVER any person subject to the Mutiny Act shall be charged with committing an offence, he shall, if an officer, be 1 Inserted in 1844. Art. 34 of 1717. Art. 20 of 1717. 2 Inserted in 1872. Art. 20 of 1717, and adverted to in Chap. VIII. par. 7. This was first inserted in the Articles of 1722 (See Mis. Bk., p. 226). In Articles for 1742 the man was to be tried by a Regimental Court, or application made to the Secretary at War for a General Court. It was remodelled in 1748 as section 15, Articles 18, 19, and 21 of that Code, and in 1867. Chap. VIII. par. 10. put in arrest, and if a soldier, be put in confinement, and shall, within a reasonable time,1 either be brought to trial before a courtmartial, or be discharged from the said arrest or confinement. 19.2 NO officer commanding a guard, or provost marshal,3 shall refuse to receive or keep any prisoner committed to his charge by any officer or non-commissioned officer belonging to our forces ; and every such officer or non-commissioned officer shall, at the same time, [or without unnecessary delay,] deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. DISCHARGES. 20.5 EVERY commissioned officer sentenced to be kept in penal servitude, on such sentence being confirmed, shall cease to belong to our service. *21. SOLDIERS, having been duly enlisted and attested, shall not be dismissed our service without a discharge or certificate, ['granted according to the general order on that head, which shall be in force at the time of granting the discharge.] *22.8 NO soldier shall be discharged, unless by sentence of courtmartial, or by order of our Commander-in-Chief, certified by an 1 The alteration from eight days to "reasonable time," has been adverted to in Chap. V. par. 57. Keighley v. Bell, 4 Fos. and Fin. p. 798, and Dawkins . Rokeby, ib. p. 820, were decided on this Article. Sec. 6, par. 27 :—“ Soldiers charged with an offence and placed in confinement under the provisions of the 18th Article of War, are not to be detained in custody for a longer period than forty-eight hours-exclusive of Sundays-without having their cases enquired into, and either summarily disposed of or reported to superior authority." Queen's Regulations, September 1873. 2 Art. 44 of 1717, and sec. 15 Art. 20 of 1748. The Article has been discussed in Chap. V. par. 54. The cases of Warden v. Bailey, 4 Taunt. Rep. p. 86. Wolton v. Gavin, 16 Q. B. Rep. p. 48, were decided upon it. 3 He is also the custodian of Prisoners of War. G. O. 19th May 1809. • Inserted in 1855. 5 This was first inserted in 1844 (sec. 8 of Mutiny Act Art. 13 of 1717. It must not be supposed that the "discharge" is the only test of status. It was held so to be in Grant v. Gould, but then the enlistments being for life, the onus of proof rested on the enlisted Soldier to prove his discharge. With "limited" enlistments effluxion of time terminates the contract. * Added in 1817. These are for the protection of the Soldier from the power of the Officer, not of the Crown. That power of dismissal is unlimited, and not affected by these Articles. Vol. II. p. 37. When the Regiment had to provide Recruits (as the Guards now have to do), the dismissal was always in the hands of the Colonel: but now the discharge of a man throws the cost of a new Recruit and of an old Soldier (as a Pensioner) on the Public, hence this power is limited. Vol. II. pp. 40, 279-290. In Freer v. Marshall, 4 Fos. and Fin. p. 485, the Soldier brought an action to recover damages for his discharge, but failed. officer of the adjutant general's department; or by authority direct from us; except in the cases of soldiers serving on foreign stations, where general officers commanding are authorised, under such regulations and restrictions as may from time to time be prescribed by our Commander-in-Chief, to direct that soldiers shall be discharged. *23. NO soldier shall be discharged, whether for unfitness or for any other cause, unless his services, conduct, character, and the cause of his discharge be ascertained before a regimental board, as hereinafter provided; — - [2 but when a soldier shall have been sentenced to penal servitude he may be discharged forthwith by order of our Commander-in-Chief, and such discharge shall not affect the execution of his sentence.] RETURNS AND ACCOUNTS. 24.3 THE commanding officer of every corps, at home and abroad, shall, on the first of every month, transmit to the Commander-inChief of our forces, and to our Secretary of State for War, an exact return of the state of such corps, specifying the names of the officers absent, and the reason for and time of their absence. 25. RETURNS shall be made, in like manner, of the state of our forces in Ireland, to the Lord Lieutenant or chief governors thereof, and to the general officer there commanding; and of our forces in Scotland to the officer there commanding. 26. EXACT returns of the state of our garrisons and corps stationed abroad shall be transmitted by their respective governors or commanders there residing, by all convenient opportunities, to our Commander-in-Chief and Secretary of State for War. 27.4 ALL commissions granted by us, or by any of our generals having authority from us, shall be entered in the books of our Secretary of State for War, otherwise they will not be allowed of at the musters. 28. IT shall be the duty of all officers and soldiers to observe and conform to the provisions contained in the Regimental Debts Act, 1863, and in the regulations for the better execution of the purposes of the said Act prescribed from time to time by warrant under the royal sign manual. *29. EVERY non-commissioned officer and soldier of our forces 8 1 See Note on p. 260. 2 Added in 1863. As to former necessity for this, see Vol. II. p. 73. 3 Inserted in 1748. shall be provided with a book1 calculated to show his services, age, date of enlistment, and the actual state of his accounts, in conformity with our regulations on this head;—and every commanding officer shall state, upon the monthly return of the regiment under his command, whether all the non-commissioned officers and soldiers of the regiment are in possession of the said books, and whether the orders on this head are properly attended to. 30. THE accounts of our forces shall be made up and transmitted according to such regulations as we may think fit to establish in relation thereto. SECTION II. CRIMES AND PUNISHMENTS. CRIMES WITH REGARD TO DIVINE WORSHIP. 31. ANY officer or soldier who, not having just impediment, shall not attend Divine service in the place 2 appointed for the assembling of the corps to which he belongs; or who, being present, shall behave indecently or irreverently; or who shall offer violence to a chaplain of the army, or to any other minister of God's Word, shall be liable, if an officer, to such punishment as by a general court-martial shall be awarded, and if a soldier, to such punishment as by a general, district, or garrison court-martial shall be awarded. 32. ANY non-commissioned officer or soldier who, without due cause or without leave from his commanding officer, shall absent himself from the garrison or regimental school,3 when duly ordered to attend there, shall be liable to be tried before a court-martial for disobedience of orders, or be subject to such punishment as it may be competent for his commanding officer to award. 33. ANY commissioned chaplain who shall absent himself from his duty (excepting in case of sickness or leave of absence) shall be This Book was introduced in 1816 (compare sec. 17 in Articles of War, 1815 and 1816), but its use was extended at the instance of the late Lord Hardinge, in 1829 (see W. O. Circular 289), and is known as "Tommy Atkins." Vol. ii. pp. 58-60; and Hough (1825), p. 550. 2 This has been adverted to in Chap. II. par. 38. Parliament refused to alter this Article in 1811. See 19 H. D. (O. S.), p. 368. 3 This article is inserted to meet the case of Warden v. Bailey, 4 Taunt. Rep. p. 67, and Vol. II. p. 554. In Articles of 1748. |