APPENDIX M.-CHAP. XI. PAR. 28. COURTS OF INQUIRY IN THE VOLUNTEER FORCE. Extracts from "The Volunteer Act, 1863," and from the Regulations. SECTION 26 & 27th Vic. c. 55. 15. Lieutenant of County may assemble a Court of Inquiry, to report to the Lieutenant or the Commanding Officer REGULATIONS OF 18TH SEPTEMBER 1863. PAGE 378 77. Power of Officer Commanding an Administrative Regiment to assemble 380 SEC. 15. The Lieutenant of the County to which a Volunteer Corps belongs, or within whose Jurisdiction the Head Quarters of an Administrative Regiment are situate, may at any Time assemble a Court of Inquiry to inquire into any Matter relative to the Corps or Regiment, or to any Officer or Volunteer or Non-commissioned Officer of the Permanent Staff belonging thereto, and to record the Facts and Circumstances ascertained on such Inquiry, and if required, to report on the same, for the Information and Assistance of such Lieutenant; such Court, where the Inquiry is with reference to an Officer, to be composed of Officers of the Volunteer Force belonging to the County, and in other Cases to be composed either of Officers and Volunteers belonging to the Corps or Regiment, or of such Officers, or of such Volunteers. The Commanding Officer of a Volunteer Corps or Administrative Regiment may at any time assemble a Court of Inquiry, composed either of Officers and Volunteers belonging to the Corps or Regiment, or of such Officers or of such Volunteers, to inquire into any Matter relative to the Corps or Regiment or to any Volunteer or Non M.] Courts of Inquiry under the Volunteer Act, 1863. 379 commissioned Officer of the Permanent Staff belonging thereto, and to record the Facts and Circumstances ascertained on such Inquiry, and, if required, to report on the same, for the Information and Assistance of the Commanding Officer; but nothing herein shall authorize any Inquiry with reference to an Officer otherwise than by a Court assembled by Direction of such Lieutenant of the County as aforesaid, and composed exclusively of Officers of the Volunteer Force belonging to such County. Extract from Regulations dated 18th Sept. 1863. Par. 74. A Court of Inquiry is not a judicial body; it has no power to administer an oath. It is to be considered as a Board of which a Lord-Lieutenant or an Officer in Command of a Corps may make use, to assist him in arriving at a correct conclusion on any subject upon which it may be expedient for him to institute an inquiry. If it is found necessary to cause the conduct of an Officer to be investigated by a Court of Inquiry, the Lord-Lieutenant can alone convene the Court, which in such a case, must be composed of Officers of the Volunteer Establishment within the county over which the Lord-Lieutenant has jurisdiction. Par. 75. The duties of a Court of Inquiry depend on the instructions which the convening authority may think proper to give. It may either be employed merely in collecting and arranging evidence, or it may, in addition, be directed to give an opinion as to the facts established by that evidence, but it has no power to pronounce any judgment as to the course to be taken by the convening authority in dealing with those facts. When facts connected with the conduct of an individual are submitted to the investigation of a Court of Inquiry, it is necessary that the instructions for the guidance of the Court should be sufficiently specific, as regards matter, names, dates, and places, to convey clearly to the Court the nature of the subject into which it is appointed to inquire, and also to enable the person whose conduct is called in question, to know what he has to answer. It rests with the authority who orders the assembly of a Court of Inquiry to decide whether it shall be open or close. All evidence taken by a Court of Inquiry is to be recorded as nearly as possible in the words of the witness, and in the order in which it is received. The proceedings, when closed, are to be signed by the President and Members, after which they are to be forwarded by the President to the convening authority. Par. 76. A Court of Inquiry may be re-assembled as often as the Par. 77. The Commanding Officer of an Administrative Regi- INDEX INDEX* ΤΟ THE TEXT (COL. 1), THE MUTINY ACT (Col. 2), AND ABSENCE WITHOUT LEAVE, Of officers Of chaplains Of soldiers; summary punishment by Soldier absent for more than 21 days to Soldier tried for desertion may be found If soldier be illegally absent for 21 days, What absence forfeits service towards) (b) From special duty- From parade, platoon, or division.. From regimental school.. ACCOUNTS, to be made up under Regulation Offence of signing blank forms Offence of false entries .. ACCOUTREMENTS, offence of making away with, &c. ACQUITTAL, prior, by the civil court 100 54, 97, 98, 12 70 31 32 30 90 14 87, 88 102 52, 53, 56, 58, 59, 62 : I have thought it expedient to preserve the contents of the of Mutiny Act and Articles of War. ARMS, offence of casting away APPROVAL OF COURT-MARTIAL SENTENCE (See) ARBITRARY PUNISHMENT IN THE ARMY Offence of making away with, &c. ..) Standing, sanction of Parliament needed for Delinquencies of 99 Service Corps, regimental courts-martial in 112 |