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9 per cent., from the date of the payment by Messrs. Boyce and Co. to Messrs. Forbes and Co.
This case occasioned the opinion of H. M.'s Attorney and Solicitor General being taken, see No. 4. The Comg. Officer to take care of the Effects of deceased Non-Commissd.
Officers and Soldiers. Art. 2] (87). When any non-commissd. officer or private soldier shall happen to die or be killed in the service, the then comg. officer of the troop or company to which he may have belonged, shall, in the presence of two other commissd. officers, take an account of whatever effects he dies possessed of, besides his regtl. clothing, arms, and accoutrements, and of his credits; and shall take care that the same be applied, in the first instance, to the liquidation of his regtldebts; the remainder, if any, to be paid over to his legal representative, under the directions of the mily. secy, to the govt. of the Presidency to which such soldier shall have belonged.
Effects of Deserters to pay their Debts] (88). The effects and credits of deserters shall be applied, in like manner, to the liquidation of their regtl. debts; and the remainder, if any, shall be brought to the credit of the United Co.
Explanation.] M. A. secs. 49, 50, 51, equally apply to this article as to the former (see No. 1, p. 553, see No. 2, p. 554), for H. M.'s troops. As to what are regtl. effects, see No. 3, p. 556. As to what are regtl. debts, see No. 4, p. 556. See Nos. 5 to 22 as to the respective cases which may apply to non-commissd. officers and soldiers, under extraordinary circumstances, as to property, &c.—(See also the circular at note 6.)
Extract of Orders received from the Secy. at War." Officers comg. companies are to make a full and complete statement of particulars, of the accounts of all deceased soldiers, both as to every just credit having been given to the men, and that the charges made against them, were fair and proper; and that their effects have been sold to the best advantage; the whole of which, officers then in command of companies are to certify, upon honour, having done so, and further to remark, whether or not the deceased is entitled to compensation in lieu of clothing, or entitled to any prize money.”
Non-commissd, officers and soldiers should be encouraged to inake wills, that there may be no doubt as to their intentions. I understand they are, in many regts., persuaded to do so, and in favour of their relations, instead of their comrades.
2. The form of a Non-Commissd. Officer's or Soldier's Will.] In the name of God, Amen. I. A. B., (insert christian name or names, and surname, in full length,) serjt. corporal, &c, or private in the -
company (87) Sec. xix, art. 3, An , and sec. xiii, art. 2, Arts, of War for Bengal Native Troops. (88) Sec. xix, art. 4, Ann. Arts. of War.
z and Ca
company of the regt., in the artillery, cavalry, or infantry, in the
in the year
of our Lord
E. F. (name in full length)
Soldiers should be reminded, that if the money they die possessed
These Rules to be Observed by the Officers and others of the Artillery.
Art. 1] (1). All officers, non-commissd. officers, gunners, conductors, drivers, or any other persons whatsover, receiving pay or being hired in the service of the artillery, shall be governed by these our rules and articles, and shall be subject to be tried by cts.-mar., in like manner with the officers and soldiers of the other troops.
1. Explanation. This article is founded upon sec. xlv. and lx. of the M. A. 4 Geo. IV. cap. 81. The article is similar to the 1st art. of sec. xx. of the Ann. Arts. of War, which derives its authority from secs. cxxxvii. and cxxxix. of the Ann. M. A. 1824. Sec. Ix, M. A. 4 Geo. IV. cap. 1, and sec. cxxxix. M. A. 1824, relative to “all civil officers who are or shall be employed by or act under the ordnance,” makes them also amenable to the Arts. of War, and subject to be tried, “in like manner, with the officers and soldiers of the other troops."
These persons are included in the article by the words,
other persons whatsoever being hired in the service of the artillery." There is a corps in H. M.'s service, called the royal artillery drivers, and when the whole of the corps is at hd. qrs. a regtl. ct.-mar, may be held under the 14th art. sec. xvi. Ann. Arts. of War. With regard to the civil persons in the ordnance department, those of
(1) Sec. xx, art. 1, Ann. Arts. of Wir, 1824.
a rank equal to a commissd. officer, would be tried by a gen. ct.mar., and those equal in rank to warrant officers would be tried by a detach. or gen. ct.-mar., according as circumstances might require. -(See sec. xiv. art. 13.) The rest would be tried as non-commissd. officers and soldiers usually are tried. There is no corps of artillery drivers composed of Europeans in the H. E. I. Co's. service; they are all composed of natives.
Courts-martial to be held by the Artillery. ART. 2] (2). For differences arising amongst themselves, or in matters relating solely to their own corps, the cts.-mar. may be composed of their own officers; but where a sufficient number of such officers cannot be assembled, or in matters wherein other corps are interested, the officers of artillery shall sit in cts.-mar. with the officers of the other corps, taking rank according to the dates of their respective commissions, and no otherwise.
1. Explanation.] This article is similar to the 2d art, sec. xx. Ann. Arts. of War, 1824. It is said (3) that, “ The corps of artily. was considered formerly as separate from the army at large, and entitled to peculiar privileges in precedency, and in the interior govt. of the body itself.” The master-gen. of the ordnance is their col. in chief, and as such is a com. in chief within the meaning of the 2d art. sec. i. of the Ann. Arts. of War. The whole of the artily, is under his command, and he formerly had even a more extensive command than the Com. in chief of the forces; having then under his controul, all the fortified places of the kingdom, as well as those captured from the enemy (4); but his controul is now confined to his own particular department.
The present article is not framed with a view to retain any ancient privilege, but is properly intended to allow the officers of the artily. to try those under their command, for neglects or breaches of duty, which no other officers can so well understand as themselves (5). Under this article a gen. ct.-mar. even may be held in the artily. to try “ for differences amongst themselves, or in matters relating solely to their own corps,” if they have a sufficient number of officers at the hd. qrs. of the regt., of the rank required by the Arts. of War. But where there are differences between artily. and engineer cavarly. or infantry officers, it is right and proper that such disputes should be
decided (2) Sec. xx, art. 2, Ann. Arts. of War, 1824. (3) Samuel on the Arts. of War, p. 661.
(4) See Grose's Mil. Antiquities, Royal Mil. Chronicle, 1815, vol. ii, p. 181. He has the same honours paid to him as a gen. of horse or foot.-(Gen. Regns, and Ors., p. 24)
(5) I have before alluded to the propriety, where any professional misconduct is to be investigated, of having many of the members from the particular branch of the service, to which the prisoner belongs.-(See note 186, p. 47.)
dates of cers of the com
decided by a gen. ct.-mar. composed of the different branches of the army.
When a batt. or regt. of artily. is quartered in a fort or garrison with an infantry regt., the officers of the former do go on duty with the men of the latter upon main guards, for the artily, is then acting as infantry. But on detached duties with guns and details at any station or out-post, they never take duty with any but their own men ; except in extreme cases, such as where there is a great scarcity of officers. Artily. officers have frequently commanded, and, as subalterns, been on the duty of the main guard in Ft. Wm.; but neither the officers or men of artily. are put on the duty of main guard at Cawnpoor, &c. or indeed placed on the roster for general duties. They are appointed members of committees of survey with infantry officers ; though for the inspection of artily. stores, artily., and in the case of cavly. equipments, cavly. officers, should alone form such committees.
All artily. officers rank with officers of the other branches of the service, according to the dates of their respective commissions; and second lieuts. with cornets and ensigns (6).
The royal artily. do, under the authority of the article, hold gen. cts.-mar. wholly composed of their own officers, when the case to be tried relates to any differences arising among themselves, or in matters relating solely to their own corps.”—(See cases 1 and 2.) There is a Dep. Judge Adv. (Maj. Lloyd, M. B.) who conducts the proceedings of such courts, and of the gen. regtl. cts.-mar. held at Woolwich barracks.
Case 1.] G. O. H. G., 27th Aug. 1812.–Surgeon J. W. L., of the royal artily., tried by a gen. ct..mar., held at the royal artily. barracks, Woolwich, on the 29th June, 1812, and continued by adjournments to the 13th of July following.
CHARGE." For behaving in a manner unbecoming the character of an officer and a gentleman, on the evening of the 5th May, 1812, by knocking Dr. H. M. down on the grass plot in front of the convalescent barracks at Woolwich, between the hours of eight and nine, and then continuing to strike him while down.”
Finding—“Not Guilty of the charge preferred against him, to the extent therein specified; but the court are of opinion, that the prisoner, Surgeon J. W. L., has been guilty of conduct highly improper and unbecoming his station, in assaulting Dr. H. M., by taking him by the breast of his coat, thereby inducing a scuffle, in which both parties fell to the ground, when it appears to the court, that he, Surgeon J. W.L., did strike Dr. M.; being contrary to good order and mil. discipline, and in breach of the Arts. of War.”—(See note 56, p. 387.)
SentencE_" To be publicly reprimanded, and suspended from rank and pay during the space of three calendar months.”
“ The court feel it their duty to state, that they have been induced
(6) See note 2, p. 366.
to pass so lenient a sentence on the prisoner, in consideration of the desire evinced by him, to avoid any altercation with the prosecutor, and the aggravating language made use of by Dr. M. (one expression almost amounting to a challenge.)
“ The court have felt it their duty (with much regret for the occasion) to record on their proceedings, that the prosecutor Dr. M. appeared before them on the 2d inst. in such a state of intoxication, as to oblige them to adjourn and place him under an arrest."
The Com. in chief humbly submits to H. R. H. the P. R. to approve and confirm the finding and sentence of the court.
The Com. in chief further submits, that the gen. officer comg. the station shall be instructed to publicly reprimand and admonish Dr. M. upon his most disgraceful conduct, in appearing before the ct.-mar. in such a state of intoxication, as to render it necessary that the court should record the circumstance upon their proceedings; and that Dr. M. should be informed, that upon a report of such unworthy conduct being repeated, he will be considered as no longer eligible to hold a commission in H. M. service. In the name and behalf of H. M. - Approved :
(Signed) GEORGE, P. R. Case 2.—Charges preferred against Serjt. John Emerson, of Maj. the Hon. Herbert Gardner's compy. 5th batt. R. A.
Ist. For deserting from his quarters, Woolwich, on or about the morning of the 2d of April, 1821, and not returning till brought back by an escort of the guards, by virtue of a War office route, on the the afternoon of the 23d of the same month.
2d. For fraudulently taking with him the amount of the said comy.'s abstract for the month of April 1821, amounting to £121 9 3
Also the undermentioned sums, viz.
Ditto .. to bombardier Wilson .. ... .. 1 10 0
Ditto ... to bombardier Riddle .. .. .. 2 0 0 Gunner John Turner's subsistence for February and March, 1821 .. .. ... S
} 4 13 57 Balance of gunner Thomas Hillman's ditto, fo January, February and March .. ...
3 16 101 Due to Serjt. Warden for altering clothing .. .. 10 6 Bread, sand, &c. for March, 1821 .. .. ... 9 17 7
Making in the whole .. .. .. £145 7 8
Upon which charges the court came to the following decision :
Finding-Guilty. Sentence—“ To be reduced to the station of a gunner, and to be transported as a felon for the term of fourteen years."
I am to acquaint your Grace, that H. M. was pleased to approve and confirm the finiling and sentence of the court; and to command