and before his arrival, in the same manner as he would have been liable to be tried and punished if such offence had been committed in any place where the offender could have been tried by any ct.-mar. beld under the authority of this act.” IX.-Discharged Soldiers subject to this Act till their arrival at and debarkation in Great Britain or Ireland. Provided also (sec. liii.) and be it further enacted, That every such soldier entitled to and claiming his discharge, and to be sent to Great Britain or Ireland, shall, until his arrival and debarkation in Great Britain or Ireland, be subject to the provision of this act, and the Arts. of War framed or to be framed by H. M. for the better govt. of the Co's forces. X-No Soldier liable to process, except for a criminal matter, or a real debt amounting to 200 Sicca Rupees. (27). "And to prevent (sec. Iv.), as far as may be, any unjust or fraudulent arrest that may be made upon soldiers, whereby the said United Co. may be deprived of their services (28), it is hereby further enacted, that no person who is or shall be listed, or who shall list and enter himself in the Co.'s service as a soldier, shall be liable to be taken out of the Co.'s service, by any process or execution whatever, (33) other than for some criminal matter, unless for a real debt (34) or other just cause of action, and unless before the taking out of such process (27) The sicca rs. of Calcutta, Madras, and Bombay, respectively. (28) And to the end (sec. lvi. M. A.) that honest creditors, who aim only at the recovery of their just debts, due to them from persons entering into and enlisting in the Co.'s service, may not be hindered from sueing for the same, but, on the con trary, may be assisted and forwarded in their suits, and instead of an arrest, which may at once burt the service, and occasion great expense and delay to themselves, may be enabled to proceed in a more easy and cheap method: be it further enacted, That it may and shall be lawful to and for any plaintiff or plaintiffs, upon notice first given in writing of the cause of action to such person or persons so entered, or left at his or their last place of residence before such listing, to file a common appearance (29) in any action to be brought for or upon account of any debt whatsoever, so as to entitle such plaintiff to proceed therein to judgment (30) and outlawry (31), and to have an execution (S2) thereupon, other than against the body or bodies of him or thera so listed as aforesaid; this act, or any thing herein, or any former law or statute to the contrary notwithstanding." (29) To appear by his attorney. (30) The verdict is the finding of the fact by the jury, and the judgment the act of the Court. (31) Outlawry in civil actions, is putting a man out of the protection of the law, so that he is not only incapable of sueing for redress of injuries, but may be impriwned, and forfeits all his goods and chattels, and the profits of his lands; his personal chattels immediately upon the outlawry, and his chattels real (i. e. terms for years of land, &c.), and the profits of his lands, when found by inquisition. 66 (32) “ Against his goods and chattels," to satisfy the amount recovered by the action. (33) Against the body of the party, by arrest. (34) Bona fide debt. process or execution (not being for a criminal matter) the pltff. or pltffs. therein, or some other person or persons on his or their behalf, shall make affidavit before one or more judge or judges of the Court of Record (35), or other court out of which such process or execution shall issue, or before some person authorized to take affidavits in such courts, that to his or their knowledge the original sum justly due and owing to the pltff. or pltffs. from the deft. or defts. in the action or cause of action on which such process shall issue, or the original debt for which such execution shall be sued out, amounts to the value of 200 sicca rupees at the least, over and above all costs of (36) suit in the same action, or in any other action on which the same shall be granted; a memorandum of which oath shall be marked on the back of such process or writ, for which memorandum or oath no fee shall be taken; and if any person shall nevertheless be arrested contrary to the intent of this act, it shall and may be lawful for one or more judge or judges of such court, upon complaint thereof made by the party himself, or by any of his superior officers, to examine into the same by the oath of the parties or otherwise, and by warrant under his or their hand and seal, or hands and seals, to discharge such soldiers so arrested contrary to the intent of this act, without paying any fee or fees, upon due proof made before him or them that such soldier so arrested was legally enlisted as a soldier in the Co.'s service, and arrested contrary to the intent of this act, and also to award to the party so complaining, such costs as such judge or judges shall think reasonable, for the recovery whereof he shall have the like remedy that the person who takes out the said execution might have had for his costs, or the pltff. in the like action might have had for the recovery of his costs, in case judgment had been given for him with costs against the defendant in the said action. Ann. M. A. 1824. sec. 122."-(By the 62nd section it is declared that the native troops are not amenable to the provisions of this act.) XI.-Where Troops are serving beyond the jurisdiction of the Court of Requests, Actions of debt not exceeding 400 Sicca Rupees shall be cognizable before a Military Court, consisting of five and not less than three commissioned officers, &c. And be it further enacted (sec. lvii.), that in all places where the said Co.'s forces now are or may be employed, or where any body of H. M.'s forces may be serving with the forces of the said Co., situate beyond the jurisdiction of the Court of Requests (37) established at the cities (35) The supreme courts of Ft. Wm., Ft. St. Geo., and Bombay, or Recorder's court of Prince of Wales' Island. (36) If a party brings an action to recover a debt and succeeds, the party from whom the debt is recovered pays the costs of the action on both sides. (37) By the 53d Geo. III. cap. 155, sec. 107, the jurisdiction extends to a distance of not more than ten miles from the presidencies of Ft. Wm., Ft. St. Geo., and Bombay respectively : "Provided always, That no British subject shall be liable to be cities of Calcutta, Madras, and Bombay respectively, actions against such officers, non-commissioned officers, or soldiers, all persons licensed to act as suttlers to any corps or detachnt., or at any station or cantonment, or other persons amenable to the provisions of this act, or resident within the limits of a mil. cantonment, shall be cognizable before a Court of Requests composed of mil. officers, and not elsewhere; provided the value in question shall not exceed 400 sicca rupees (38), and that the deft. was a person of the above description when the cause of action arose; which court the com. officer of any station or cantonment is hereby authorized and empowered to convene, and the said court shall in all practicable cases consist of five com. officers, and in no instance of less than three, and the president thereof shall not be under the rank of a capt.; and every member assisting at any such court, before any proceedings to be had before it, shall take the following oath upon the Holy Evangelists; which oath shall be administered by the president of the court to the other members thereof, and to the president by any member having first taken the same oath; (that is to say) “I (39) swear, that I will duly administer justice, according to the evidence in the matter that shall be brought before me: So help me God." "And every witness before any such court shall be examined on oath, which such courts are hereby authorized to administer, or if natives of the East-Indies, on oath or solemn declaration, as the circumstances of the case may require; and it shall be competent for such courts, upon finding any debt or damage due, either to award execution thereof generally, or to direct that the whole or any part thereof shall be stopped and paid over to the creditor out of any pay or public money which may be coming to the debtor in the current or any future month; and in case the execution shall be awarded generally, the debt, if not paid forthwith, shall be levied by seizure and public sale of such of the debtor's goods (40) as may be found within be saed in any such court in respect of residence, unless he shall have his residence within the jurisdiction thereof at the time of commencing the action or proceeding against him; or that the cause of suit shall have arisen within the jurisdiction of the said court, and the suit shall be commenced within two years after the cause thereof shall have arisen, and also within six months after the defendant shall have ceased to reside within such jurisdiction." (38) The sicca rupees of Calcutta, Madras, and Bombay respectively. (39) Here should follow the Christion and surname and rank, &c• (40) Goods and chattels. Chattels, i. e., personal chattels—as gold, silver, plate, jewels, household-stuff, goods and wares in a shop, carts, ploughs, coaches, saddles, &e. Cattle, &c.-ás horses, oxen, kine, bullocks, sheep, pigs, and all tame fowls and birds, swans, turkeys, geese, poultry, &c. Jacob's Law Dic. The comg, officer might direct the seizure of any at his election, as in his judgment may be sufficient to satisfy the debt, &c. The residue of money, after the satisfaction of the debt, ̈ would, of course, be returned to the debtor. Though it is not the practice for the sheriff's officer to break open any outer door to make the seizure, still in military affairs the nice distinctions of law in such cases are not to be considered, though, of course within the camp, garrison, or cantonment, under a written order of the com. officer, grounded on the judgment of the court, and the goods of the debtor, if found within the limits of the Co.'s garrison or cantonment to which the debtor shall belong at any subsequent time, shall be liable to be seized and sold in satisfaction of any remainder of such debt or damages; and if sufficient goods shall not be found within the limits of the camp, garrison, or cantonment, then any public money (41), or any sum not exceeding the half-pay (42) accruing to the debtor, shall be stopped in liquidation of such debt or damage; and if such debtor shall not receive pay as an officer or soldier, or from any public department, but be a suttler, servant, or follower, he shall be arrested by like order of the com. officer, and imprisoned (43) in some convenient place within the mil. boundaries, for the space of two months, unless the debt be sooner paid: provided always, that from and after the time limited for the commencement of this act (44), so much of an act passed in the 53d Geo. III., cap. 155, as gives to magistrates the cognizance of debts due from officers or soldiers, being British subjects, to the natives of India resident without the jurisdiction of the Courts of Requests therein mentioned, shall be and the same is hereby repealed accordingly.-(The 62d section of the Mutiny Act declares that the native troops are not amenable to the provisions of this act.) XII-Persons and Civil Officers employed in the Commissariat and Ordnance liable to this Act. And be it declared and enacted (sec. lx.), That all officers and persons who are or shall be commissioned or employed in the commis sariat course, any improper conduct on the part of the person (provost, serjeant, &c.) sent to seize, would be noticed on a complaint made to the commanding officer. (41) Due to the debtor on any account by the govt., prize money, compensation, &c., arrears of pay, &c. The 3d art. 11th (42) The half-pay clearly means the half-pay and allowances. sec. of the Arts. of War directs the stoppages for loss, &c. of arms and accoutrements, "not to exceed the half-pay and allowances." The bare pay of an officer bears a small proportion to his aggregate pay and allowances. The half-pay of an officer is not attachable. (43) i. e. Unless the debt be forthwith discharged. Imprisonment is not directed in the other cases above recited, because, as pay is always accruing due, stoppages can be made, so long as the party continues to receive it. And the intention would appear to be, in accordance with the general tenor of sec. lv. M. A., to prevent govt. being deprived of the service of the party by an arrest or imprisonment; but immediately the officer or soldier should cease to receive pay as such, from whatever cause (except in the case of the 58th sec. of the M.A.), then the arrest and imprisonment would apply in the case of either party. The 58th sec. of the M. A. (Ann. M.A. 1824, sec. 126), it is declared, "That no soldier being arrested or confined for debt in any prison, gaol, or other place, shall be entitled to any part of his pay or allowances, from the day of such arrest or confinement, until the day of his return to the regt., troop, company, or detachment to which he shall belong, or shall be ordered to join.” (44) From 1st Feb. 1824 (M.A. sec. 74). sariat dept. (45), or as storekeepers, and all civil officers, who are or shall be employed by or act under the ordnance(46), and who are or shall be placed under the command of any gen. or other officer, shall be to all intents and purposes liable to the provisions of this act, and to the same rules and Arts. of War, and the same penalties and punishments, as in case of the Co.'s other forces.-(Ann. M. A. 1824, sec. 137.) XIII-Troops in Places in Possession of the Company, or occupied by Persons subject to the Company, liable to the Articles of War (47). “And whereas (sec. lxi) great mischief and inconvenience may arise, if it should be doubted whether troops in pay raised or serving in any of the possessions or territories, which are or may be under the govt. of the said United Co., or places which are or may be occupied by persons subject to the govt. of the said Co., or by any forces of the said Co., are, while under the command of any officer having a commission immediately from the govt. of any of the presidencies of the said Co., liable to the rules and Arts. of War, and the same penalties and punishments as the Co.'s other forces are subject to; to prevent such mischief, and remove all doubts, be it declared and enacted, That all officers and soldiers of any troops being mustered and in pay, which have been or are or shall be raised or serving as aforesaid, shall at all times and in all places be liable to martial law and discipline, and to the same trials, penalties, and punishments, in like manner, to all intents and purposes, as the Co.'s other forces.”—(Ann. M. A. 1824, sec. 139.) XIV.-Native Troops to be always subject to Articles of War of Presidency to which they shall belong. And be it further enacted (sec. lxiii), That whenever any portion of such native troops shall be serving in any country or place out (48) of the possessions or territories which are or may be under the govt. of the said United Co., whether such be the dominions of H. M. or elsewhere, on the trial of all offences committed by any native officer or soldier or follower, reference shall be had to the Arts. of War framed by the govt. of the presidency to which such native officer, soldier, or follower, shall belong, and to the established usages mentioned and confirmed by the last recited act.-(See note 48). (45) See art. 1st, 11th sec. of the Arts. of War. XV. (48)Provided (sec. 52) always, That nothing in this act contained shall in any manner impeach or affect any matters enacted or declared respecting officers and woldiers, being natives of the East-Indies, or other places within the limits of the said Co.'s charter, contained in the 53d Geo. III. cap. 155, but that all such matters shall be of the same force, in respect of such native officers and soldiers as if this act had not been made." The 53d Geo. III. cap. 155, sec. 96 (the act in question), enacts and declares, "That the several goyts. of Ft. Wm., Ft. St. Geo., and Bombay, с have, |