“H. M. has therefore been pleased to command, that Capt. F. shall be severely reprimanded, and strongly admonished not to suffer his passions again to surprise him into the committal of an offence, which is equally at variance with the principles of discipline, with the laws of his country, and with the rules and habits of society.

Upon a consideration of the circumstances which have justly called forth the censure of the court upon the conduct of Lieut.col. H. and Lieut. H., H. M. has been pleased to command, that those officers shall be informed of the regret and marked displeasure with which H. M. has viewed a proceeding so discreditable to their characters." By command of H. R. H. the Com. in chief.

CASE 24] G. O. H. G., 30th Oct. 1824. At a genl. ct.-mar. held at Gibraltar, on the 6th July, 1824, and on subsequent days, and reassembled by adjournment on the 12th of the same month, Lieut. W. G. W. of the 94th regt. was arraigned upon the undermentioned charge, viz.

"For conduct highly unbecoming the character of an officer and a gentleman, and subversive of all military discipline, in using grossly insulting and outrageous language to Ens. C., of the 94th regt., on or about the 25th June last, in consequence of that officer refusing to pay to Lieut. W. the sum of £120. sterling, which he then personally demanded, in fulfilment of a clandestine and unauthorized agreement for the sale of the commission of adjt. in that regt., for entering into which agreement, Lieut. W. and Ens. C. respectively had been reprimanded and admonished."

Upon which charges the court came to the following decision :

FINDING-Guilty. SENTENCE-To lose his present rank as lieut. in the army, and in the 94th regt. of foot, he being forthwith placed at the bottom of the list of lieuts, as well in the army as in the 94th regt. of foot, so that his future rank in the army, and in the said regt., will bear date from July 8th, 1824, the day of his conviction.

"With respect to certain testimony that appears on the face of the proceedings, wherein the credibility of Ens. C.'s evidence is so forcibly called in question, the court feels it unnecessary to remark thereupon, confident that it cannot escape the notice of the higher authority."

"Approved as far as the finding of the court goes; but when I look at the sentence awarded, it appears to me so wholly disproportioned to the serious charge of which the prisoner has been found guilty, so little conducive to the ends of justice, and the upholding of the discipline of the British army, that I feel it to be my indispensible duty, to order that the court shall reassemble for the purpose of revising their sentence."

(Signed) CHATHAM, Gen. and Gov. REVISED SENTENCE.-Monday, July 12th, 1824. "The court

re-assembled

re-assembled pursuant to the order of H. E. Gen. the Earl of Chatham, K. G., Gov. and Com. in chief of H. M.'s forces at Gibraltar, to revise the sentence; and having maturely deliberated upon, and fully reconsidered and revised the sentence already passed upon the prisoner, doth hereby rescind its said sentence, and instead thereof, doth now sentence and adjudge that the prisoner, Lieut. W. G. W., of the 94th regt. of foot be discharged from H. M.'s service.

"Under all the circumstances of the case, however, the court ventures to submit a recommendation of the prisoner to the clemency of H. M."

"The King has been pleased to approve and confirm the finding and sentence; but at the same time to express his regret and surprise, that the view taken by the court of the crime committed by Lieut. W. of the 94th regt., and of which they found him guilty, should have been so inadequate as to call for a revision, particularly as the commission of the crime charged against that officer, originated in a clandestine and unauthorized agreement between him and Ens. C., the penalty attached to which is clearly pointed out by the Act 49 Geo. III. cap. 126, sec. viii. (379), and of which no officer in H. M.'s service ought to be ignorant."

"H.

(379) By which it is enacted, "that every officer in H. M. forces, who shall take, accept, or receive, or pay, or agree to pay, any larger sum of money, directly or indirectly, than what is allowed by any regns, made by H. M., in relation to the purchase, sale, or exchange of commissions in H. M.'s forces, or who shall pay, or cause to be paid, any sum of money, to any agent or broker, or other person, for negociating the purchase, or sale, or exchange of any such commission, shall, on being convicted thereof by a gen. ct. -mar., forfeit his commission, and be cashiered; and as an encouragement for the detection of such practices, such commission so forfeited shall be sold, and half the regulated value (not exceeding £500) shall be paid to the informer, and the other half, or the remainder, if more than £500, shall go and be applied as H.M. shall order and direct, by any regns. from time to time made in that behalf: provided also, that every person who shall sell his commission in H. M.'s forces, and not continue to hold any commission in H. M.'s forces, and shall, upon or in relation to such sale, take, accept, or receive, directly or indirectly, any money, fee, gratuity, loan of money, reward or profit, beyond the regulated price or value of the commission sold, and also every person who shall wilfuliy and knowingly aid, abet, or assist such person thereiu, shall be deemed and adjudged guilty of a misdemeanour (380) within the provisions of the act."

This act is founded upon stat. 5 and 6 Edw. VI, c. 16, and it is declared by sec. i, "that the said act (5 and 6 Edw. which it recites, being for the further prevention of the sale and brokerage of offices) and this act, and all the clauses and provisions therein respectively contained, shall be construed as one act. The provisions of the act are extended to Scotland and Ireland, and to all offices in the gift of the crown, &c. By sec. xiv, all offences committed against the provisions of the said recited act or of this act, by any governor, lieut.-governor or person having the chief command, civil or military, in any of H. M.'s dominions, colonies, or plantations, or his or their secretary or secretaries, may and shall be prosecuted and inquired of, and heard and determined

(380) By sec. xiii, punishable, in Scotland, "by fine and imprisonment, or by the one or the other of such punishments as the judge or judges before whom such offender shall be tried and convicted, may direct."

"H. M. was further pleased to remark, that the conduct of Ens. C., as it appeared on the face of the proceedings, has been such as to render him unfit to hold H. M's commission: H. M. has accordingly been pleased to direct, that he shall be removed from his service.

"The Com. in chief directs that the charge preferred against Lieut. W. G. W., of the 94th regt., together with the finding and sentence of the court, and H. M.'s commands thereon, shall be entered in the G. O. book, and read at the head of every regt. in H. M's service." By command of H. R. H. the Com. in chief.

CASE 25.] G. O. H. G. 4th Oct. 1822. At a gen. ct. mar. held at Knightsbridge Cavalry Barracks, on the 24th and 26th of Sept, Capt. I. J., of the Royal regt. of H. G., was arraigned upon the undermentioned charges, viz.

1st," For neglecting to comply with a regt. order, dated 18th April, 1821, respecting the settlement of regtl. debts due to the clerk of his troop, though frequently applied to by the clerk of the troop for that purpose.

2d. "For disgraceful conduct in giving two drafts to the messman of the regt. on the agents, which drafts were dishonoured about the 24th June and 7th July, 1822.

3d. "For being repeatedly absent from his regt. without leave in the year 1822.

"All such conduct being highly prejudicial to good order and mil. discipline, and unbecoming the character of an officer and a gentleman."

"Upon which charges the court came to the following decision:"

FINDING "Guilty of the 1st charge, such debts having been made known to him, by the troop account book being exhibited to him in the usual manner."

"As to the 2d charge, Guilty; such conduct being, in the opinion of the court, under all the circumstances stated as connected with the transaction, unwarrantable and reprehensible."

"As to the 3d charge, Guilty."

SENTENCE-" To be removed from H. M.'s service." RECOMMENDATION.-"Having thus performed a duty which they have

mined in H. M.'s Court of King's Bench, at Westminster, in like manner as any crime, offence, or misdemeanour, committed by any person holding a public employment abroad, may be prosecuted and inquired of, under the provisions of the 42d Geo. III.

By sec. xv, it is provided, "that nothing in the said recited act or this act contained, shall extend, or be construed to extend to Gibraltar, Malta, or any place or places in the Mediterranean, until three months; or to any of H. M.'s dominions, colonies, or plantations in America, or in the West-Indies, until four months; or to the Cape of Good Hope, the Island of St. Helena, or any part of Africa, until six months; or to any of H. M.'s dominions in the East-Indies, or beyond the Cape of Goad Hope, until 12 months, after the passing of this act.”—(See Genl. Regns, and Ors., H. G., 1st Jan. 1822, p. 52.)

have considered themselves called upon to discharge for the due maintenance of discipline in H. M.'s service, the court are induced, from Capt. J.'s length of service, from some of the circumstances which have appeared in the course of this inquiry, and also from the favourable testimonials which Capt. J. has laid before them as to his character, humbly, but strongly, to recommend him as a fit object of H. M.'s favourable consideration."

Approval and confirmation." H. M. has been pleased to approve and confirm the finding and sentence of the court; but in gracious consideration of the manner in which the court have recommended the prisoner, H. M. has been pleased to permit him, Capt. J., to receive the regulated value of his commissions.

"H. R. H. &c. directs, &c."

By command of his H. R. H. the Com. in chief."

CASE 26.] At a gen. ct.-mar., held at Brighthelmstone, on the 11th and 12th Feb. 1799, Maj. P. B. of the Hampshire regt. of fencible cav. CHARGES.] [Scandalous and infamous behaviour, unbecoming an officer and a gentleman,] in having declared, on oath, that he had not any other place or employment, civil or mil. under H. M., besides his allowance of half-pay as a reduced capt. in the 2d batt. of the 7th regt. of foot, during the respective periods hereinafter mentioned, viz. between the 24th June, 1796, and the 25th December following; between the 24th Dec., 1796, and the 25th June, 1797; between the 24th June, 1797, and the 25th Dec., following, and between the 24th Dec., 1797, and the 25th June following; notwithstanding he was in receipt of full-pay from H. M., by virtue of his commission as maj. of the Hampshire regt. of fencible cavalry, during the whole of the said respective periods, for which he received half-pay, and having thereby [corruptly obtained several sums of money, to which he knew himself

at the time not to be entitled.

FINDING-Guilty, though not of the words in italics. But the court is of opinion that the said Maj. P. B. did act in an irregular and improper manner, "by having declared on oath (although without any wilful and corrupt intention) that, &c. in breach of 2d art. sec. xxiv. of the Arts. of War."

SENTENCE-Shall immediately refund to the cashier of the army pay office, such sums of money as he, the said Maj. B., or his agent, hath thus irregularly and improperly received for half-pay, as a reduced capt. in the 2d batt. of the 7th regt. of foot, during the said respective periods specified in the charge. And the court doth further adjudge, that the said Maj. P. B. shall, for his irregular and improper conduct, be reprimanded in the public orders of the army, in such manner as F. M. H. R. H. the Duke of York, Com. in chief of H. M.'s forces, shall be pleased to direct.

CHAS. MORGAN, Judge Adv.gen.

(Signed)

2 N 3

CHAPTER

CHAPTER XVI.

SECTION 15.-ACCOUNTS.

Books of Accounts, provided for Non-commissioned Officers and Privates, to be preserved by them.

ART. I.] (1) Every non.commissd. officer, trumpeter, drummer, fifer, and private man, of the forces, being provided with a book, calculated to shew at all times the actual state of the accounts of such non-commissd. officer, trumpeter, drummer, fifer, and private man, we hereby declare that any non-commissd. officer, trumpeter, drummer, fifer, or private man, who shall deface the said book, or lose the same, through want of care, shall, besides the postponement of the settlement of his claims to any pay, clothing, bounty, &c. that may be due to him, be liable to such other punishment, not extending to life or limb, or to corporal punishment, as shall be awarded by a detachment or regtl.

ct.-mar.

1. Explanation.] The regns. which apply to H. M.'s army, with respect to soldiers' account books, will serve to explain the mode of keeping them. The term, our forces, in the Ann. Arts. of War, means of the regular army.

By the printed gen. regns. and orders for the army, dated Adj.gen.'s office, H. G., 1st Jan. 1822 (2), and published by authority, "Comg. officers of regts. are directed to take due care, that these books are kept with the utmost regularity." That "the name, regt., and troop, or company, of the non-commissd. officer or soldier, is to be printed, or written, in a fair legible hand, on the cover of his book, which is always to be kept about his person, and is to be produced at all inspections of necessaries; and capts. or comg. officers of troops and companies are responsible, that each man's account is completed and signed at the close of every month, in the case of soldiers of infantry, and at the termination of every two months, in the cavalry." It is further directed to be stated in the confidential reports made by comg. officers (3), "Whether the troop or company books are signed by the men, and the settlement of their accounts vouched by the signature of the officer comg. the troop or company. Whether the men are in possession of account books, and whether the same are properly kept.

"In cases where soldiers of a troop or company appear to be in

(1) Sec. xvii, art. 2, Ann. Arts. of War.

(2) Gen. Regns. and Ors., 1st Jan. 1822, p. 121.

(3) Gen. Regns. and Ors., 1st Jan. 1822, p. 364.

debt