pay, whilst serving, either retrospectively or Art. 39.-Malingering; feigning to produce disease, 41.-Tampering with eye-sight: 42.-Stealing from a comrade or military officer, 46.-Being privy to any false entry, or erasure in 47.-False return of arms, ammunition, clothing, 48.-Evading orders on foregoing points: 50. Other disgraceful conduct of a cruel, inde- 77.-(Not comprehended by the above articles.) not awarded on Forfeiture of pay and pension, accruing from Forfeiture of pay former service, is not to be awarded on convic- desertion, or tion of desertion, being a consequent to the finding of guilt when duly approved;' but it is in the discretion of the court to award these forfeitures as accruing from the future service leave. of the deserter. Similarly, forfeiture of pay is absence without not to be awarded for absence without leave, as it follows the conviction." (1) Mut. Act, Sec. 46. 38 Art. War. (2) Mut. Act, Sec. 11. (3) Mut. Act, Sec. 46. 52 Art. War. Additional punishments. Deserter may be marked with D. Recommenda tion to discharge As an additional punishment, deprivation of a penny a day, for any period not exceeding thirty days, for Art. 53. Drunkenness on duty or parade, or on the line of march. On conviction of Habitual Dunkenness, the forfeiture specially applying to the offence.' In addition to other punishment, Stoppage not exceeding two-thirds of daily pay, until the amount of any loss or damage arising out of misconduct be made good." On conviction of desertion, the offender may be sentenced to be marked with D., unless he has been previously marked; and, if not awarded, the reason is to be assigned in a letter from the court, appended to proceedings.3 District or garrison courts martial may recomwith ignominy. mend, not award, that a soldier, convicted of disgraceful conduct, be discharged with ignominy from her majesty's service, provided he be first sentenced to the forfeiture of all claim to pension.* Proceedings. Confirmation. It is not necessary to dwell upon the proceedings of district or garrison courts martial, as the proceedings of general courts martial will be considered in detail hereafter. The officer empowered by warrant under the sign manual, or, in his absence, the officer on whom the command may devolve, is authorized to receive the proceedings and sentence; to cause the same to be put into execution; or to suspend, mitigate or remit the same, as may be best for the good of the service. General officers or (1) 51 Art. War. See Habitual Drunkenness, Chap. xi. (4) Forfeiture of pay should invariably form part of the award. Circular, 21st July, 1338. superior officers abroad are further authorized, in their discretion, to delegate their authority for confirming, suspending, mitigating, or remitting the sentence of courts martial, to any officer under their 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 such officers.' COURT FOR THE TRIAL OF WARRANT OFFICERS. Martial for the Officers; The hundredth section fully defines the com- District Courts position and peculiarities attaching to the court trial of Warrant martial now termed District, but formerly described as Detachment, for the trial of warrant officers, charged with offences not of so heinous a nature as to require investigation by a general court martial. These courts martial are appoint- Constitution; ed without warrant, by order of the general commanding the district, if convened at home; if abroad, by the general commanding in chief on the station. They are held and proceed as regimental courts martial, but are, in no case, to consist of less than seven commissioned officers, Composition; except in Bermuda, the Bahamas, Saint Helena, Africa, Jamaica, Honduras, Newfoundland, and the Australian Colonies, where they may consist of five, of whom not more than two are to be taken from the regiment in which the warrant officer to be tried may be serving. The president President; cannot be under the degree of a field officer, nor can more than two of the other members be under the rank of captains. No court martial Limitation of can sentence a warrant officer to corporal (1) See Warrant, Appendix, No. 3. sentence; Confirmation. Regimental Composition; held; punishment, or to be reduced to serve in an inferior situation, unless he was originally enlisted as a private soldier, and continued in the service until his appointment to be a warrant officer. The sentence cannot be executed till approved by her majesty, if the court be held at home; if abroad, the general officer commanding in chief may confirm and cause the sentence to be executed, suspended, mitigated, or remitted. REGIMENTAL COURTS MARTIAL, The commissioned officers of every regiment may, by the appointment of their colonel or commanding officer, without other authority than the rules and articles of war, hold regimental' courts martial, consisting of not less than five officers, unless it be found impracticable to assemble that number, when three may be suffifor what purpose cient: they are intended to enquire into disputes and criminal matters, and for the punishment of such crimes as, being within their jurisdiction, may be brought before them. The president cannot be under the rank of captain, and is appointed by the officer convening the court,3 according to a rollster kept for that duty. The swearing of the court and other proceedings are the same as at district courts martial, except that the custom as to proffering the challenge is not uniform: the latter part of the oath, which refers to the non-disclosure of the vote or opinion of any particular member, was not President. Proceedings. Oaths how administered. (1) Courts martial, similar in institution and jurisdiction to regimental courts martial, are held for the trial of marines, and are termed divisional courts martial. (2) 79 Art. War. (3) Latter part 77 Art. War. (4) Gen. Reg. p. 1. See remarks, p. 43. directed to be taken by members of regimental courts martial, till the promulgation of the articles of war for the year 1829; nor was any oath required to be taken by the members of regimental courts martial, or by witnesses examined before them, previous to 1805. superior officer, The ordinary jurisdiction of a regimental court Jurisdiction. martial has been noticed when referring to the distinctive jurisdiction of courts martial over offences,' the extension of it by the previously Extended by obtained authority of a general or superior officer, and also its special enlargement on the line of on line of march, requiring merely to be subsequently reported to the general officer, are adverted to under the same head. march; Though perhaps not coming within the letter in transports, of the article, which authorizes the trial of mutiny by a regimental court martial on the line of march, by order of the officer in immediate command, there can be little doubt but that its spirit may be acted up to on board transports, and that under such circumstances the punishment of mutiny or gross insubordination by a regimental court martial may be justified. without leave. This court cannot try a soldier for absence Absence without leave exceeding twenty-one days, which must be tried as desertion, a crime not within its competence,2-nor in any instance to be included amongst those offences which may admit of less serious notice, and which it may be advisable to try by regimental courts martial.3 The punishments which a regimental court Power. martial is empowered to award, and which in (1) Page 57. (2) Gen. Reg. p. 251. (3) See remarks on Desertion. Chap. xi. |