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being in line, or in column of regiments or grand divisions, as their numbers and the nature of the ground may dictate. On the procession's arriving on the flank of each regiment, the band of that regiment plays the dead march in Saul, and continues till the procession has cleared its front. On arriving at the open face, the music ceases; the prisoner is placed on the fatal spot marked by his coffin; the charge, sentence, and warrant for execution, are read aloud; the chaplain, who has been engaged in prayer with the condemned, retires; the execution party forms at six or eight paces from the prisoner, and receives the word from the provost marshal. If its fire should not prove instantaneously effectual, it is said to be the duty of the provost marshal to complete the sentence of the court with his pistol. Sometimes the fire of a file or two is reserved, to be prepared for this painful occurrence. After the execution, the troops usually move past the body in slow time. Death, by hanging, is exe- by hanging. cuted with less ceremony ; the troops witnessing the execution being formed in square on the gallows as a centre; the charge, sentence, and warrant are read, and an executioner, under the direction of the provost marshal, performs his office.

The mutiny act points out the course to be Transportation adopted when it is intended that the sentence of transportation, passed by any court martial, shall be carried into execution, either in pursuance of the original sentence of the court, in consequence of her majesty's gracious order of commutation, or when sentence of death shall, in the East

(1) Mut. Act, Secs. 18 & 19.

of deserters ;

from the United Kingdom ;

Indies, be commuted for transportation ; but no provision is made to carry into effect transportation passed by a court martial out of his majesty's dominions, although the contingency has often occurred. The sixth clause of the mutiny act provides for the constitution of general courts martial out of her majesty's dominions, and by no fiction can it be assumed, that the occupancy of a foreign territory by a british army is of itself sufficient to render it the dominions of her majesty. The army may be acting in the territory of an ally, as in the late war in Spain and Portugal.

To effect the transportation of a deserter from the United Kingdom, it is required to be notified in writing, by the officer commanding in chief in Great Britain and Ireland, or, in the temporary absence of such officer, by the adjutant general, to any judge of the king's bench, common pleas, or exchequer, in England or Ireland, who is thereon enjoined to make an order for the transportation of the offender.

Transportation passed by any court martial holden in the East Indies, or in any part of his majesty's foreign dominions, either in

pursuance of the original sentence, or on commutation of capital punishment, is effected on a similar notification of the commander in chief, or, in his absence, of the adjutant general, by the order of some judge of one of the supreme courts of judicature in the East Indies, or chief justice or some other judge, as the case may be, in any part of his majesty's foreign dominions, who is required to make an order for transportation or immediate custody of the offender, according as

from the Colonies.

imprisonment in hospital.

he may

have received directions from one of his majesty's principal secretaries of state; and all acts in force in such place, touching offenders to be transported, apply, in all respects, as well to the offender himself, so to be transported, as to all other persons whatsoever therein concerned.

It is scarcely necessary to remark, with respect to a soldier sentenced to imprisonment in military cells, that in the event of sickness requiring his removal to hospital, he may, on recovery, (should the remainder of the punishment not be rernitted,) be returned to imprisonment. The time of his continuance in hospital must be counted as part of the time of imprisonment. When in hospital, he is deemed a prisoner and liable to forfeit all pay, as for the portion of time which he may be actually imprisoned. Should the removal of the regiment, or other sufficient cause, induce an officer, having competent authority, to change the place of imprisonment, the intermediate period must be counted as part of the sentence.?

No soldier is entitled to pay during imprison- Soldier ment under sentence of a court martial, nor is entitled to pay: he permitted to reckon service towards increase the time of of pay or pension, when in confinement under previous to trial, any sentence of any court civil or military, nor during any part of the period which he may be in confinement under any charge of which he shall afterwards be convicted by the civil authority or a court martial : this provision may however be relaxed in the discretion of the secretary at war.

imprisoned not

(1) Circular, No. 759. War Office, 31st October, 1833.
(2) Mut. Act, sec. 27. See note, page 291.


Subsistence how charged.

Time of imprisonment cannot be reckoned as

Subsistence, not exceeding sixpence per day, is permitted to be charged for soldiers imprisoned by the sentence of a court martial, if in the custody of the civil power, on the receipt of the gaoler ; if in a place of military confinement, by a certificate from the commanding officer, shewing that the sums charged, not exceeding sixpence a day, have been actually and necessarily expended."

It is declared in a circular from the War

Office: “If a soldier be sentenced to forfeiture tire off pay.edc. of pay, beer money or liquor money, for a par

ticular period, not specifically included in the period of imprisonment, such award is to be considered as in addition to the penalties of imprisonment, and to commence from the termination of such imprisonment. A soldier already under sentence of forfeiture, if again sentenced to imprisonment before the first sentence is expired, is not to be allowed to reckon the period of such imprisonment towards the completion of the first sentence. A period of imprisonment cannot be allowed to reckon towards the fulfilment of a sentence to forfei. ture, the soldier whilst in confinement having no pay, &c. to forfeit.?

Courts martial, when they have recourse to imprisonment, are enjoined to be very careful, in framing the sentence, strictly to confine themselves to the terms of the act of parliament; and it is directed that soldiers sentenced to imprisonment in the Penitentiary may be sentenced (1) No. 129, Explanatory Directions. War Office, March 17, 1828.

(2) Circular, No. 759, War Office, 31st October, 1833. (3) Circular, Horse Guards, 25th Februa'y, 1842.

fentence to be in terms of Mutiny Act

infliction of;

in general terms, as there is but one uniform system of imprisonment in the Penitentiary. “ The usual manner” of inflicting corporal purporment

, punishment, is as follows: the brigade, garrison, regiment, or detachment, being under arms, is formed in some retired spot, often in the ditch of an outwork of a fortified place or fort, to receive the prisoner, who is brought by an escort to the centre; the commanding officer, or the brigade major, the town major, or adjutant, as the case may be, proceeds to read aloud the charge, sometimes the proceedings, but invariably the sentence of the court and the approval ; the prisoner being uncovered, and advanced a pace or two in front of the escort. The culprit is then directed to strip to the waist, and is, under ordinary circumstances, tied to a machine termed a triangle, which consists of three legs or poles, connected by a bolt at top, and separated about four feet at bottom : to two of its legs, a bar is affixed, at a convenient distance, that the prisoner's chest may rest against it, his ancles being tied to the legs ; halberds were sometimes rigged out for the purpose; whence has originated the common saying,

bringing a man to halberds,” as synonymous with bringing him to corporal punishment ; at other times, the prisoner is lashed to a gun wheel, and receives on his bare shoulders twentyfive lashes, from the drummers of infantry, or the trumpeters and shoeing smiths of cavalry, in succession, till the punishment is completed, or interrupted by order of the commanding officer; the drum or trumpet major counts each lash, or rather directs it, the lash not being inflicted till

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