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soon generally known; the other may be concealed for a longer period when in distant situations, or where there is no ready means of making a comparison with the rates of other places: the articles are sold at an exorbitant price; but whether it be owing to the scarcity of the article, or to what cause, may for some time remain concealed.

2. Canteens established for the Sale of Liquor, &c.] By sec. lii. of the Ann. M. A., “ Any two justices of the peace, or magistrates, are empowered, within their respective jurisdictions, to grant or transfer any license for selling ale by retail, or cider, or perry, to be drank or consumed in any house or houses, or premises, where more houses or premises than one shall be held together by the same person or persons as a canteen, or any license to sell spirituous liquors or strong waters, or wine, or liquor, by retail, to any person or persons applying for the same, without regard to the time of the year, or any notices or certificates specified or required, in relation to the applying for or granting any such licences. And to sell therein, and in the premises thereto belonging, and not elsewhere, victuals, and all such exciseable liquors as he and they shall be licensed and empowered to sell, under the authority of any such excise license, without being subject to any penalty or forfeiture."

The object in establishing the above canteens, is to ensure to the soldier a good and wholesome liquor; and it is placed under the controul of the comg. officer, for the purpose of his having a salutary check, and thus to prevent either an abuse on the part of those supplying the liquor, or in an improper use of it, to the detriment of the health of the

men.

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3. Charges.] See Forms, Nos. 39 and 40, Chap. I. That A. B., being gov., &c. of ——, did, at connive at the sale of victuals, liquors, &c., &c. (specify the articles), at exorbitant rates, by C. D.

The same being in breach of the Arts. of War.

4. Evidence.] No. 1 and 2, as at Chap. III, sec. ii, art. 1. 3. Prove the sale of the victuals, liquors, &c. by C. D. 4. Prove the rates to be exorbitant. 5. Prove that A. B. connived at such sale.

One witness to prove the sale (having bought them). One witness to prove A. B.'s knowledge of such sale; the connivance is then established. One witness to prove the rates to be exorbitant, by comparing it with the rates of any other bazar or market.

5. Punishment.] Shall be cashiered, and shall besides suffer such penalty he may be liable to by law.-(See Punishment, art. 2, ante.)

CASE 1.] G. O. H. G., 22d July 1813. At a gen. ct-mar., Lieut. F. S., of the 1st bat. 60th regt., was arraigned upon the undermentioned charges, viz.

7th. "For conduct highly unbecoming the character of an officer and a gentleman, in having, at different periods, between the 8th Jan. and 2d Aug. 1812, bought quantities of spirits from farmers, and giving (allowing) the same to be sold to the detachment under his com

mand,

mand, at nearly double the price paid for it by him, [thereby deriving considerable profit to himself,] in direct violation of H. M.'s regs., highly prejudicial to good order and mil. discipline, and contrary to the Arts. of War."

FINDING-Guilty of having purchased spirits, and allowing it to be sold at nearly double the price paid for it. But the ct. are of opinion, for want of sufficient evidence in support of the prosecution, the fact of the prisoner having derived a profit, is not established, and do, therefore, acquit the prisoner of that part of the charge (15).

SENTENCE-To be cashiered.

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Approved and confirmed by H. R. H. the P. R.
By command:

(Signed)

H. CALVERT, Adj.gen.

CHAPTER X.

SECTION 9.-OF CRIMES PUNISHABLE BY LAW.

Commanding Officers are, upon Application, to use their utmost Endeavours to deliver over to the Civil Magistrate, any Officer, Non-commissioned Officer, or Soldier, accused of Crimes punishable by the known Laws of the Land, and to be aiding to the Officers of Justice, in securing such Offenders; and upon wilful Neglect or Refusal, to be cashiered.

ART. 1.] (1) Whenever any officer, non-com. officer, or soldier shall be accused of a capital crime, or of having used violence, or committed any offence against the persons (2) or property of our subjects, or any others entitled to our protection, or the protection of the respective govts. of the E. I. Co. (3), such as is punishable by the known laws of the land, the comg. officer and officers of every regt., troop, company, or detachment, to which the person or persons so accused shall belong, are hereby required, upon application duly made, by or in behalf of the party or parties injured, to use his and their utmost endeavours to deliver over such accused person or persons to the civil magistrate (except in the cases mentioned and provided for by the act of 4th Geo. IV, cap. 81, sec. ii.) (4); and likewise to be aiding and assisting to the officers of justice, in apprehending and securing the person or persons so accused, in order that he or they may be brought to a trial:

(15) He was found guilty of several other charges relative to the sale, &c. of provisions.

(1) Sec. xi, Ann. Arts. of War, and sec. viii, art. 1, Arts. of War for Bengal Native Troops.

(2) Estate, M. A. sec. xvii. p. 8.

(3) Or of any state in alliance with the said Co.-(M. A. sec. xvii. p. 8.)

(4) Sec. ii, M. A. See Chap. I. p. 6.

trial: if any comg. officer or officers shall wilfully neglect, or shall refuse, upon the application aforesaid, to deliver over such accused person or persons to the civil magistrates, or to be aiding and assisting to the officers of justice in apprehending such person or persons, the officer or officers so offending shall, upon being convicted thereof before a gen. ct.-mar., be cashiered.

1. Explanation.] Sec. xvii. of the M. A. is a repetition of the above art., but adds, “And if any such comg. officer shall wilfully neglect or refuse, upon application made to him for that purpose, to deliver over any such accused person to the civil magistrate, or to be aiding or assisting to the officers of justice in apprehending such offender, every such officer so offending, and being thereof convicted, upon any information or indictment, in any of H. M.'s courts of record in India (5), shall be deemed and taken to be cashiered, and shall be utterly disabled to have or hold any civil or mil. office or employment in the said United Co.'s service, in the East-Indies, provided a certificate of the said conviction be transmitted to the Judge Adv.gen. of the army to which such offender shall belong: provided always that nothing herein contained shall extend, or be construed to extend, to require the delivery over to the civil magistrate of any such person accused of any offence, who shall have been tried for such offence by any court martial in manner herein before provided (6), in respect of offences committed within the territory of any foreign state, or in any country under the protection of H. M. or the said United Company, or at any place in or out of the territories of the said United Company situate above 120 miles from the said presidences of Ft. Wm., Ft. St. George, and Bombay respectively, or against whom any effectual proceedings shall have been taken, or ordered to be taken, for the purpose of bringing such person to trial by such ct.-mar. as aforesaid: provided also, that no person or persons, being acquitted or convicted of any capital crime, violence, or offence, by the civil magistrate, shall be liable to be punished by a ct.-mar. for the same, otherwise than by cashiering (7).

2. An Officer, N.C. O. or Soldier accused of a capital Crime, &c. such as is punishable by the known Laws of the Land, except committed above 120 miles from Ft. Wm., &c. to be delivered over to the Civil Magistrate.] All officers, N. C. O, soldiers, and other persons subject to military orders and discipline (8) are the persons intended to be delivered over to the civil magistrate. In the case of Europeans, they would be delivered over to be tried before the Supreme Court. The only case forming an exception to the above direction, is that wherein the party is accused of having committed the crime at places above 120 miles from Calcutta, &c. respectively.

The subjects of H. M., those entitled to his protection, or that of the
E.

(5) Supreme Courts.

(6) See M. A. sec. ii, Chap. I. p. 6.

(7) Non-com, officer or soldiers would be discharged the service.
(8) See sec. xvii, art. 3; sec. xxi. art. 3; and M. A., sec. i, Chap` I. p. 4.

.

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E. I. Company, (9) or the subjects of states in alliance with the Company (10), are the persons to whom, or their estates, or property, this art. affords protection.

3. Application duly made by, or in behalf of the Party or Parties injured, to the Comg. Officer.] Where a complaint is made to the comg. officer against any one under his command, the same should be investigated; but if any one is accused of having committed "wilful murder, theft, robbery, rape, or any other crime, which is capital by the laws of England, or of having used violence, or committed any offence against the person, estate, or property" (11) of the persons entitled to the Co.'s protection, or others beforenamed, it would then become his duty, to secure the person of him who is so accused.

The Hon. Court of Directors, in their general letters to Bengal, of the 2d and 14th April 1813, direct officers to be suspended the service, and sent to England for ill-treating the native inhabitants. The following sections from the 53d Geo. III, cap. 155 (12), will explain more fully those offences which are not above specified. By sec. ciii, it is enacted," that it shall and may be lawful for the adv.gen., or other principal law officers of the said Company at their several presidencies, in all cases of misdemeanour alleged to have been committed by any British subject, at a distance of more than 100 miles from the presidency, within the limits whereof such offence shall be alleged to have been committed, to file an information ex-officio in the Supreme Courts of Judicature of Ft. Wm. and Madras, or the Recorder's (13) court at Bombay, as the case may be; and all such proceedings shall and may be used and had upon such information as may lawfully be used and had in cases of information, filed ex officio by H. M.'s Attorney-Gen., in H.M.'s court of King's-Bench in England;" and by sec. cv. of the said act it is further enacted, "that it shall and may be lawful for any native of India, resident in the East-Indies, or parts aforesaid, and without the said towns, in case of any assault, forcible entry, or other injury accompanied with force, alleged to have been done against his person or property by a British subject, to complain of such assault, forcible entry, or other injury accompanied with force, not being felony, to the magistrate of the zillah or district where the alleged offender shall be resident, or in which such offence shall have been committed; and that such magistrate shall have power and authority, at the instance of the person so complaining, to take cognizance of such complaint, to hear parties, examine witnesses, and having taken in writing the substance of the complaint, defence, and evidence, to acquit or convict the person accused;

(9) All the native inhabitants within the Co.'s dominions.

(10) Scindiah, Holkah, &c., and all the native princes, &c., between whom and

the Co. a treaty exists.

(11) See sec. xxi, art. 4.

(12) Last renewal of the charter.

(13) Now the Supreme Court, 4th Geo. IV., cap. 71, sec. vii.

accused; and in case of conviction, to inflict upon such person a suitable punishment, by fine, not exceeding 500 Rs., to be levied, in case of non-payment, by warrant under the hand of the said magistrate, and upon any property of the party so convicted which may be found within the said district; and if no such property shall be found within the said district, then it shall be lawful for the said magistrate, by warrant, also under his hand, to commit such offender to some place of confinement within the said zillah or district, which, on the judgment of the said magistrate, shall be fit for receiving such offender; or if there shall be no fit place of confinement, then to the jail of the presidency, to remain there for a period not exceeding two months, unless such fine shall be sooner paid; and it shall be lawful for the said magistrate to award the whole, or any portion of such fine to the party aggrieved, by way of satisfaction for such injury; provided always, that in all cases of conviction of a British subject, under the provision herein before contained, the magistrate before whom such conviction shall take place shall forthwith transmit copies of such conviction, and of all depositions and other proceedings relative thereto, to the govt. to which the place wherein the offence was committed is or shall be subordinate: provided also, that all such convictions shall and may be removeable by writ of certiorari (14) into the courts of Oyer and Terminer, and Gaol Delivery respectively, in the same manner, and upon the same terms and conditions, and shall be proceeded upon in the same manner in every respect, as is directed in the said act of the 33d year (15) of H.M.'s reign, with regard to other convictions before justices of the peace in the British settlements or territories in India (16): provided also, that nothing herein contained shall extend, or be construed to extend, to prevent such magistrate from committing or holding to bail any British subject, charged with any such offence before him, where the offence charged shall appear to such magistrate to be of so aggravated a nature as to be a fit subject for prosecution in any of H.M.'s courts, to which such British subjects may be amenable."

With regard to military crimes, the course is clearly pointed out by the

(14) At the instance of any of the parties thereby affected or aggrieved, at any time within the space of six calendar months next, after the making or pronouncing thereof respectively; for which purpose, any one or more of the justices of the Court of Oyer and Terminer, &c., to grant his or their fiat or warrant, to award a writ of certiorari, under the seal of the Supreme Court.

(15) 33 Geo. III, cap. 52, former Charter.

(16) Sec. cliii, (33 Geo. III, cap. 52) enacts; "and the said court of Oyer and Terminer, and Gaol Delivery shall have full power and authority to quash or affirm the same, so that the same be not quashed for want of form, but on the merits only; and to pronounce judgment thereon, in the like manner as the Court of King's Bench, at Westminster, can or may do upon convictions, judgments, orders, or other proceedings had or made, by or before any justices of the peace, or Court of Quarter Sessions in England, removed or brought into the said Court of King's Bench, by writ of certiorari.

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