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No. IV. Form of Warrant by a General Officer to a superior or Field
Officer, having the command of a body of troops, authorizing
him to convene General Courts Martial. By His Excellency Lieutenant General
Commander of the Forces in
to Major General Commanding, &c. By virtue of a Warrant under Her Majesty's Sign Manual, bearing date day of 184 empowering me to direct my Warrant to any Officer (nut under the degree of a Field Officer) having the Command of a body of Her Majesty's Forces, authorizing him to convene Courts Martial for the Trial of Offences committed by any Officer or Soldier under his command; every of which Courts Martial shall be constituted and shall proceeed in the Trial of such Charges, and in giving Sentence, and awarding Punishment according to the Rules prescribed by the Mutiny Act and Articles of War; I do hereby Authorize and Empower you to convene General Courts Martial, for the aforesaid purposes, and according to the Rules and Regulations prescribed. And you are hereby directed to cause the Proceedings of such Courts Martial to be transmitted to me, for my consideration. And for executing the several powers herein expressed, these shall be to you, as to the said General Courts Martial, and all others whom it may concern, a sufficient Warrant and Authority. Given under my Hand and Seal at
this day of
(General Officer's Signature.) [SEAL.] By Order of
(Signature of Military Secretary.)
No. V. Form of Warrant by a General Officer to an Officer under his
command, to convene District or Garrison Courts Martial. By Major General
to Lieutenant Colonel
Commanding By virtue of a Warrant under Her Majesty's Sign Manual, bearing date
, 184 , Empowering me to direct my Warrant to any Officer (not under the degree of a Field Officer), having the Command of a body of Her Majesty's Forces (not
less than Four Troops or Companies), authorizing him to convene, from time to time, and without special reference to myself, such Courts Martial as occasion may require, for the Trial and Punishment of any Soldier under his Command, which said District or Garrison Courts Martial are to consist of such number of Officers as are by the said Act of Parliament and Articles of War directed, and as can be conveniently summoned to attend the same; and Her Majesty having directed that the President of such Courts Martial shall not be under the degree of a Field Officer (unless where a Field Officer cannot be had); nor shall the President, in any case whatever, be the Officer Commanding the District, or Governor of the Garrison, where the Offender shall be tried, nor the Commanding Officer of the Regiment to which the Offender belongs, nor under the degree of a Captain ; and Her Majesty having been pleased to Authorize and Empower such Courts Martial, to hear and examine into all such Matters and Informations as shall be brought before them, touching any Offence committed by any Soldier as aforesaid ; and to proceed in the Trial of the Offenders, and in giving Sentence, and awarding Punishment (not extending to Death or Transportation), according to the powers and directions contained in the said Act of Parliament and Articles of War: I do hereby Authorize and Empower you to convene District or Garrison Courts Martial, for the aforesaid purposes, and according to the Rules and Regulations prescribed.
And you are hereby directed to cause the Proceedings of such Courts Martial to be transmitted to me, for my consideration.
And for executing the several powers herein expressed, these shall be to you, as to the said District or Garrison Courts Martial, and all others whom it may concern, a sufficient Warrant and Authority. Given under my Hand and Seal at
(Signature of General Officer.) [SEAL.] By order of
(Signature of Military Secretary.) Where il may be deemed expedient to authorize a Lieutenant
Colonel detached to confirm the Sentence, the paragraph in italics may be superseded by the following:
And whereas Her Majesty having been pleased further to authorize me in my discretion, to delegate my Authority for confirming, suspending, mitigating, or remitting the Sentences of Courts Martial to any Officer under my Command, not under the rank of Lieutenant Colonel, at those Stations only at which Inconvenience to Her Majesty's Service might arise, if the execution of the Sentence were delayed until reference could be had to me; I do therefore hereby Authorize and Empower you, when and as often as any Sentence is given and passed by a District or Garrison Court Martial, legally constituted as aforesaid, to cause such Sentence to be put in execution, or to suspend, mitigate, or remit the same, as you shall judge best and most conducive to the good of Her Majesty's Service, without waiting for my further orders, except in cases wherein you shall think it proper to suspend the execution of any Sentence, when you will cause the said proceedings to be transmitted to me for my consideration,
Form of President's Warrant.
Regiment. By virtue of the power and authority to me given by Her Majesty, by Warrant bearing date the 184 , I do hereby appoint you the said the
Regiment, President of a General Court Martial (or District Court Martial, as the case may be ) ordered to assemble at
One Thousand Eight Hundred and
for the Trial of all such Prisoners as may be brought before it.
And the said General Court Martial is hereby authorized and required to proceed to try all such Prisoners, and to determine on all such matters as shall be brought before them, according to the powers and provisions contained in the Act or Acts of Parliament in that respect made and provided, and agreeably to the rules and customs of war and military discipline. And when and as often as the proccedings are closed of any Trial by such Court Martial, you are to cause the proceedings to be laid before mo, for my consideration."
(1) That part of the last paragraph which is in italics is omitted when the Warrant for assembling Courts Martial does not authorize the con firming of the sentence.
And for so doing this shall be to you, and to all concerned, a sufficient Warrant and Authority. Given under my Hand and Seal at
this (Signature of General Officer.) [SEAL.] By Order of
Judge Advocate General
to act as Deputy Judge Advocate at all Trials by Court Martial, and in all matters appertaining to that office which shall concern any of Her Majesty's Land Forces from time to time serving in pursuant to an Act of Parliament now in force, entitled “ An Act for Punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," or any other Act of Parliament in that behalf which shall hereafter be in force, and to such Articles of War as shall from time to time be established during the continuance of the lower and Authority hereby given to you to act as aforesaid. Given under my Hand and Seal this
day of 184 , in the
Year of Her Majesty's Reign. (Signature of the Judge Advocate General.) [SEAL]
No, VIII. This Form is supplied by the Adjutant General to Regiments and
Depots on the requisition of Commanding Officers.
Memorandum, Horse Guards, 26th August, 1840. (FORM)
18. Application for a
against No. of the
under my Command, and request you will obtain the sanction of
Court Martial may be
assembled for his trial at
The Prisoner is now at
I have the honor to be, Sir,
Your most obedient humble Servant,
Charge submitted against No.
Regiment is in a good state of health, and fit to undergo Corporal Punishment or Imprisonment, solitary or otherwise, and with or without hard labour.
Signature of the Surgeon,
or Assistant Surgeon. N.B. This Form is equally applicable to General Courts Martial.
SUMMARY OF EVIDENCE.
In a case of “Desertion" it should be stated in the Summary of Evidence whether the Prisoner voluntarily surrendered himself, or was apprehended. It is also desirable that the date and place of a Deserter's commitment should be inserted, if such information can be afforded.