relieved, while sentinel at the quarter guard of the 4th regt. L. C. (836), between the hours of twelve on the night of the 9th and two in the morning of the 10th Oct. last."lt warra

FINDING-Guilty. SENTENCE to be hanged by the neek until he is dead, at such time and place as H. E. the Most Noble the Com. in chief may be pleased to appoint.

Approved :

(Signed) HASTINGS.

REMARKS by H. E. the Most Noble the Com. in chief. "The Com. in chief has approved of the award of death against Fazil Khan, trooper, and Meer Azimut Ally, naick (837), as being fitly apportioned to the breach of a sacred military trust, and to an outrage against discipline, perpetrated from the most malignant motive. H. E. is, however, pleased to commute the capital sentence, in each case, into working in irons on the roads. The term of labour for Fazil Khan is to be five years, from the promulgation of this order; the term of Meer Azimut Ally's labour is to be seven years, from the same date, the Com. * in chief regarding the crime of the non-commissd. officer as greater than that of the sentry, who visibly acted by his advice, as well as with his co-operation."

CASE 3.] G. O. C. C., 10th Dec. 1822. At a native, gen. ct.-mar. re-assembled at Kamptee, 9th Nov. 1822, Punchum Sing, sepoy 2d grenadier comp., 1st bat. 21st regt., N. I., was arraigned upon the undermentioned charges, viz.

bilst. "For highly gross neglect of duty on the night of the 14th-15th inst. (Oct.), in not examining the treasure chest in the k,hote of the 2d grenadier comp., when relieving J,hokoo Sing, sentry at that post, and thereby leaving room to suppose that he was implicated in a robbery that took place on that night.

2d. "For highly gross neglect of duty, on the abovementioned night, in not delivering over the treasure chest in the k,hote of the 2d grenadier comp., to Sewgholam Sing, sepoy 2d grenadier comp., who relieved him as sentry at that post.

3d. For being a principal, or an accomplice, in a robbery that took place on the 14th-15th inst. (Oct.), at the k,hote of the 2d grenadier comp., 1st battn. 21st regt., N. I.

Upon which charge the court came to the following decision:

FINDING-Guilty. SENTENCE " To be hanged by the neck until he

(836) See sec. xii, art. 10, p. 303.

(837) He was tried for base and infamous conduct, &c. in having stolen or caused to be stolen, and for having in conjunction with Fazil Khan defaced, or allowed Fazil Khan to deface the standards of the regt. of which he, Meer Azimut Ally, was a non-commissd. officer, and for allowing the relief of a sentry between the hours of two and three o'clock on the morning of the 10th of October, without his personal attendance, and with the criminal view of facilitating or concealing the removal of the standards. (See also the case of the native officer commanding the guard, case 12, p. 658.)

&T Sec, XXL, Art, 5. Theft, and Absconding, &c. [CHAP/ ¡¡

he is dead, at such time and place as H. E. the Most Noble the Com. in chief may deem proper.

Approved; but the capital sentence commuted into labour in irons on the roads for 10 years from the 1st of Dec. 1822,

CASE 4. Before the same ct.-mar., re-assembled at Kamptee, 14th Nov. 1822, Sewgholam Sing, sepoy, 2d grenadier comp., 1st battn. 21st regt., N.I., was arraigned upon the undermentioned charges, viz.: 1st. "For relieving Punchum Sing, when on duty as sentry over the k,hote of the 2d grenadier comp., about four o'clock on the morning of the 15th inst. (Oct.), without the presence of a non-commissd. officer.

2d. "For not immediately reporting that the chest of the company had not been made over to him, knowing it was always kept at the k,hote, thereby conniving at the robbery committed on the night of the 14th-15th inst. (Oct.)."

Upon which charges the court came to the following decision :— FINDING-Guilty (except the words in italics). SENTENCE—To receive 700 lashes on his bare back, at such time and place as H. E. the Most Noble the Com. in chief may deem proper.

"

1

REMARKS" As the crime stated in the Ist charge is more directly imputable to the non-commissd. officer, and as it is not proved that the prisoner ought to have known, as is asserted in the 2d charge, that the box should have been in the k,hote, the sentence is not confirmed. (Signed) HASTINGS." CASE 5.] G. O. C. C., April 16, 1823. At a native gen. ct.-mar,, at Kamptee, 1st March 1823, Iser Chunder, camp follower, was arraigned upon the undermentioned charges, viz.:

1st." For having, by fraudulent means, and by making use of the name of Capt. Nicholson, of the 8th cav., obtained on or about the 11th and 12th March 1823, cloth and several other articles, to the amount of 400Rs., from Fuzzel Illahee and Soojhaut Ullee, merchants in the Suddar bazar,

2d. "For theft, he, Iser Chunder, having absconded with those articles, with which he had reached Ramteak, when he was seized and brought back by the chupprassees of the Suddar bazar, on or about the 15th March 1823."

Upon which charges the court came to the following decision: FINDING-Guilty. SENTENCE-To hard labour on the roads far five years, at such place as H. E. the Com, in chief may deem proper. Approved and confirmed:

A

(Signed) EDW. PAGET, Gen. Com. in Chief...

These Articles to be read once in every two Months.

ART. 5 (838).] All these our rules and articles are to be read and

L · or

(838) See. xxiv, art. 5. Annl. Arts. of War, 1824, and sec, xv, art. 1, Arts. of War for Bengal Native Troops.

published once in every two months, at the head of every regt., troop, or company, mustered, or to be mustered in the service, and are to be duly observed and exactly obeyed, by all officers and soldiers who are or shall be in the service.

1. Explanation.] This art. is the same as art. 5, sec. xxiv, Annl. Arts. of War, 1824; and art. 1, sec. xv, Arts. of War, for the govt. of the Bengal native troops; to the former, however, is added the following provision: excepting in what relates to the payment of soldiers' quarters (839), and to carriages (840); which is, in Ireland, to be regulated by the Lord Lieutenant, or chief governor, or governor, of that part of our United Kingdom of Great Britain and Ireland; and in our islands, provinces, and garrisons beyond the seas, by the respective governors of the same, according as the different circumstances of the said part of our United Kingdom, and of our said islands, provinces, or garrisons may require" (841).

The above art. requires a due observation of, and an exact obedience to, all the preceding rules and Arts. of War. The Mutiny Act is not included in the above command, but the latter being an act of parliament, necessarily, of itself, commands a due observance of its enactments, from the moment it begins to operate as the act of the legislature. In the former case, as the rules and Arts. of War emanate from the King, he, as the head of the army, is empowered to command obedience to them in manner and form, with such limitations and exceptions as he may please to prescribe to those, by whom they are to be obeyed; and also to vary, change, and alter them, from time to time; but the 5th Geo. IV. cap. 13, sec. xxxviii, enacts that "no person shall by such articles be subject to any punishment extending to life or limb, for any crime which is not expressed to be so punishable, by this act, nor for such crimes as are expressed to be so punishable, in any manner, or under any regus., which shall not accord with the provisions of this act."

It is provided by sec. clx, Annl. M. A., 1824, “And be it further enacted, that this act may be altered or varied by any act or acts to be made in this session of parliament;" by which is intended, during the sitting of parliament; for, like any other act of parliament, it is at all other times subject to alteration and amendment.

The Mutiny Act, 4 Geo. IV. cap. 81, sec. xxxiii, empowers his Majesty, from time to time, to vary, alter, and amend the Arts. of War, framed for the H. E. I. Co.'s forces.

"That officers and soldiers may be made acquainted with the Arts. of War, framed for their conduct and guidance, as well as with the penalties annexed to a breach of duties and disobedience of orders, &c.

(839) See sec. ix, Annl. Arts. of War, 1824. (840) See sec. x, Annl. Arts. of War, 1824.

they

(841) There are duties prescribed for the comg. officer of a regt. on the above subjects, depending upon local circumstances, which are fully detailed in the Annl. Mutiny Act, and which it has been thought unnecessary to enter upon in this work; as such arrangements are made by magistrates, &c.

they are required to be read to them once in every two months. It would seem from the words "mustered or to be mustered," that the intention is, that they should be read at the head of regts at or after muster, when the whole effective strength of the regt. is paraded, and when they have no other duty to distract the attentionats par lank

I'

The article also requires the like reading of the Arts. of War at the head of "every troop or company," to provide for the cases of their being detached from the head-quarters of the regt.ge unit alr It is important that the officers and men of a regt. should be acquainted with the nature of the rules and Arts, of War, particularly those who have but recently entered the service, and as there are alterations made from time to time, it becomes necessary that they should be read at stated periods; and, in particular, those which relate to mutiny, desertion, being drunk on duty, sleeping on, or leaving a post before relieved, and quarrels.

OW

The following G. O. relating to the reading of the crime, finding, sentence, and remarks of the Com. in chief, together with an explanation of the nature of the offence of which a prisoner has been convicted, applies only to the native branch of the army; it is as follows:

st

"Hd.-qrs., Cawnpore, Oct. 18, 1823. Whenever the finding and sen tence of a native gen. ct.-mar. is published to the army, the Com. in chief expects that comg. officers of regts, and battns. will not content themselves with barely having the same read at the head of their respective corps. They must use their best endeavours, through the medium of their interpreters, to cause the whole subject, including the Com. in chief's decision and remarks, to be fully understood, at least by the native officers. This is to be considered as a standing order of the service, and to be entered in the book of general regulations, with each corps."

Such an explanation is obviously calculated to be of great advantage, since it affords to the whole army (and is particularly important to the prisoner's regt.), the means of knowing the real facts of transactions which can otherwise only be imperfectly known, and by indirect means. And as the object of punishment is to punish the crime rather than the offender, and to deter others from committing the like offence, the publication, as above directed, is calculated to put others on their guard, and to act as a salutary caution. The same advantage and results would, of course, ensue, were a similar order to apply to the European branch of the army. mova „d tɛili otia -The explanation on such occasion should, I conceive, extendsto explain any doubts which may have been entertained as to the true intent and meaning of the particular Art. of War under which the offence falls, whenever such a point may have arisen, and renders the measure necessary, ford da potorolou (a) fi King's Troops, serving in the East-Indies, to observe the foregoing Rules brand Articles of War, whenever they are not at Variance with the Annual Arts, of War. oly

ART. 6. “And it is our further will and pleasure, that whenever any

of

SeXXA Art6. Evidence Abatement, &cs? 875 of our land forces shall be sent into the East-Indies, they shall, whilst employed there, duly observe and obey the foregoing rules and are ticles for the better government of the officers and soldiers in the service of the United Company of Merchants of England trading to the East-Indies, and be subject to the pains and penalties therein specified for crimes and offences against the same, in all matters and in all respects in which the said rules and Arts. of War are not “at variancé with the rules and Arts. of War made by us for the government of all our forces.", tpu f "lo f9uI

Explanation. This article simply relates to the requiring the offi cers and soldiers of H. M.'s land forces to duly observe the Arts. of War made for the government of the forces of the E. I. Co., in all matters and in all respects in which the said rules and Arts. of War are not at variance with those made for the government of H. M.'s forces.

Had not this latter provision been added, the article would have annulled sec. xix of the Arts. of War (842), which, however, in its legal effect, would have remained the same, as it is founded upon sec. xxix, 4 Geo. IV. cap. 81, though the article under consideration would have been illegal, inasmuch as it would have made a provision directly contravening the act itself.

GENERAL RULES OF EVIDENCE, ACCESSORIES, ACCOMPlices, PLEAS, WITNESSES, &C. (1) big as dond

10 k Abatement, Plea of)-(See Pleas, infra.) rd 2.1 Accessory before and after the Fact." An accessory before the fact is he, that being absent at the time of the felony committed, doth yet procure, counsel, or abet another to commit a felony (2). An accessory after the fact may be, where a person, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon. There fore, to make an accessory ex post facto, it is, in the first place, réquis site that he knows of the felony committed. In the next place, he must receive, relieve, comfort, or assist him And, generally, any assis

(1)I have arranged the contents of this chapter alphabetically, with a view to an easy reference, so that whenever any point arises on a trial, the mode of conducting which is contained in the succeeding (24th) chapter, the reader will be able at once to obtain the information to be found in this chapter.

~(2) 1 Hale, P. C. 615. Lord Coke says (stat. Westm. 1, cap. 14), “the word aid comprehends all persons counselling, abetting, plotting, assenting, consenting, and encouraging to the act."(Starkie on Evidence, vol. ii, p. 6.)