« EelmineJätka »
Recommendation to mercy... (p. 387.)
(pp. 389-394.) The surgeon's certificate (p. 623) of the prisoner's actual state of health must be attached to the proceedings. Gen. Reg., p. 251.
No. X. Regulations, fixing the Rates of Travelling and Daily Allow
ances to be granted to Officers when called away from their Quarters or usual Residences, in order to be employed on distant Courts Martial or Courts of Inquiry in Great Britain and Ireland. Rank.
Travelling Expenses. General Officers, not upon the Staff..One Shilling per Mile. Field Officers
.Ninepence per Mile. Officers below the Rank of Major. .Sevenpence per Mile. If the Business of the Court shall commence and terminate in one Day, so that the Members thereof shall be able to go and return on the same Day, the Rate of Travelling is to be reduced as follows: For General Officers....
.Tenpence per Mile.
.Sixpence ditto. These Rates are not applicable in cases in which Officers can travel by Steam Conveyance, as directed by the Memorandum from the General Commanding in Chief, dated the 26th February, 1831, and the Circular Letter from the War Office, dated 1st June, 1831.
Other Allowances. To General Officers not on the Staff.. Fifteen Shillings a Day.
Seven Shillings and sixTo Field Officers .
pence a Day. To Officers below the Rank of Major..Five Shillings a Day.
These Rates will be granted for every Day, during which Officers may be attending their duty as Members of Courts Martial, or Courts of Inquiry, exclusive of those Days for which they may be entitled to Travelling Allowances, provided it be duly certified by the President of such Courts respectively, that the said Officers have been actually and necessarily detained on duty as Members for the periods in question.
N.B. - Witnesses for the Prosecution are entitled to the same Travelling and Daily Allowances as are granted to Members of corresponding Ranks.
Witnesses for the Defence are to submit for special consideration their Claims to Allowances. War-Office,
L. SULIVAN. 3d April, 1833.
An Account of Expenses incurred by , acting as Deputy Judge Advocate at a General Court Martial held at
No. of the
Stationery, as per Bill and Receipt annexed..
Days, at two Guineas per Day..
No of Miles.
I do hereby certify, that I have paid the Sum for Stationery, and for Postage and Carriage of Letters and Packets, as specified in the above Accompt; and that the whole of the above Station. ery has been applied to the Public Service; and that the said Letters and Packets were all on the Public Service. I do further certify, that I actually paid the above Sum for Travelling Expenses.
S Acting as Deputy
Judge Advocate. I hereby confirm this Accompt, the Necessity and Reasonableness of the several Disbursements and Sums charged therein, amounting to Pounds. Shillings and Pence.
(1) N.B.- When the Person acting as Deputy Judge Advocate is an Officer on the Staff, the following addition is to be made to the Certificate, “and that the Occasions above referred to required more than ordinary Expedition, and could not have been performed with my own Horses, consistently with the purposes for which they are kept."
No. XII. Statute passed in Ireland, anno 1798, for the enactment of Martial
Law, entitled, “ An Act for the Suppression of the Rebellion which still unhappily exists within this Kingdom (Ireland), and for the Protection of the Persons and Properties of His
Majesty's faithful Subjects within the same." WHEREAS a traitorous Conspiracy, for the subversion of the Authority of His Majesty and the Parliament, and for the destruction of the Established Constitution and Government, hath unfortunately existed within this Kingdom for a considerable time, and hath broken out in acts of the most daring and open Rebellion.
And whereas His Excellency Earl Camden, then Lord Lieutenant General and General Governor of Ireland, did on the 30th of March, 1798, by and with the Advice of the Privy Council of this Kingdom, issue his most direct and positive Orders to the Officers commanding His Majesty's Forces, to employ them with the utmost vigour and decision for the immediate suppression of the said Rebellion, and did by his Proclamation of the same date, by and with the Advice of the Privy Council, notify the same :
And whereas, notwithstanding the said orders, so issued as aforesaid, the said Rebellion did very considerably extend itself, insomuch that large bodies of armed Traitors did openly array themselves, and make the most daring and violent attacks upon His Majesty's Forces, and committed the most horrid excesses and cruelties on the properties and persons of His Majesty's loyal Subjects:
And whereas, for the more effectual suppression of the said daring and unprovoked Rebellion, His Excellency the said Earl Camden did on the 24th of May, 1798, by and with the Advice of the Privy Council, issue his Orders to all General Officers commanding His Majesty's Forces, to punish all persons acting, aiding, or in any manner assisting in the Rebellion, according to Martial Law, either by death or otherwise, as to them should seent expedient, for the punishment and suppression of all Rebels in their several districts, and did by his Proclamation of the same date, by and with the Advice of the Privy Council, notify the same:
And whereas His Excellency the said Earl Camden, did, by message, duly communicate his said Orders and Proclamations, notifying the same respectively to the Lords Spiritual and Temporal and Commons then in Parliament assembled, who did by their addresses to His Excellency, express their cordial acknowledgment for his said messages, and their entire approbation of the decisive measures so taken by his Excellency, by and with the Advice of the Privy Council, however deeply they lamented the necessity by which they were dictated; and the said Lords Spiritual and Temporal and Commons did, by their addresses, pledge their full engagement of support of every measure of firmness and vigour which might be necessary for the speedy and effectual suppression of the said Rebellion :
And whereas, by the wise and salutary exercise of His Majesty's undoubted prerogative in executing Martial Law for defeating and dispersing such armed and rebellious force, and in bringing divers Rebels and Traitors to punishment in the most speedy and summary manner, the peace of this Kingdom has been so far restored, as to permit the course of the Common Law partially to take place, but the said Rebellion still continues to rage in very considerable parts of this Kingdom, and to desolate and lay waste the Country by the most savage and wanton violence, excess and outrage, and has utterly set at defiance the Civil Power, and stopped the ordinary course of Justice and of the Common Law therein:
And whereas many persons who have been guilty of the most daring and horrid acts of cruelty and outrage, in furtherance and prosecution of the said Rebellion, and who have been taken by His Majesty's Forces employed for the suppression of the same, have availed themselves of such partial restoration of the ordinary course of the Common Law to evade the punishment of their crimes whereby it has become necessary for Parliament to interpose :
Be it therefore enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That, from and after the passing of this Act, it shall and may be lawful to and for the Lord Lieutenant or other Chief Governor or Governors of this Kingdom, from time to time during the continuance of the said Rebellion, whether the ordinary Courts of Justice shall or shall not at such time be open, to issue his or their Orders to all Officers commanding His Majesty's Forces, and to all others whom he or they shall think fit to authorize in that behalf, to take the most vigorous and effectual measures for suppressing the said Rebellion in any part of this Kingdom which shall appear to be necessary for the public safety, and for the safety and protection of the persons and properties of His Majesty's peaceable and loyal Subjects, and to punish all persons acting, aiding, or in any manner assisting in the said Rebellion, or maliciously attacking or injuring the persons or properties of His Majesty's loyal Subjects in furtherance of the same, according to Martial Law, either by death or otherwise, as to them shall seem expedient, for the punishment and suppression of all Rebels in their several districts, and to arrest and detain in custody all persons engaged in such Rebellion or suspected thereof, and to cause all persons so arrested and detained in custody to be brought to trial in a summary manner by Courts Martial, to be assembled under such authority, and to be constituted in such manner and of such description of persons, as the said Lord Lieutenant or other Chief Guvernor or Governors shall from time to time direct, for all offences committed in furtherance of the said Rebellion, whether such persons shall have been taken in open arms against His Majesty, or shall have been otherwise concerned in the said Rebellion, or in aiding or in any manner assisting the same, and to execute the Sentences of all Courts Martial, whether of death or otherwise, and to do all other acts necessary to such several purposes.
And be it enacted, That no act which shall be done in pursuance of any order which shall be so issued as aforesaid, shall be questioned in His Majesty's Court of King's Bench or in any other Court of the Common Law. And in order to prevent any doubt which might arise, whether any act alleged to have been done in conformity to any Orders so to be issued as aforesaid was so done, it shall and may be lawful to and for the said Lord Lieutenant or other Chief Governor or Governors, to declare such acts to have been done in conformity to such Orders; and such declaration, signified by any writing under the hand of such Lord Lieutenant or other Chief Governor or Governors, shall be a sufficient discharge and indemnity to all persons concerned in any such acts, and shall in all cases be conclusive evidence that such acts were done in conformity to such orders.
And be it further enacted, That all Officers, Non-Commissioned Officers and Soldiers, who shall act under any such orders as aforesaid, shall be responsible for all things which shall be done under such orders to such Courts Martial only by which