Mutiny, etc., East Indies Act 1849

Publication Date:January 01, 1849
 
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Anno Regni VICTORI, Britanniarum Regin, Duodecimo & Decimo Tertio. An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of theEast India Company, and for regulating in such Service the Payment of Regimental Debts and the Distribution of the Effects of Officers and Soldiers dying in the Service.

(12 & 13 Vict.) C A P. XLIII.

[28th July 1849]

'WHEREAS an Act was passed in the Third and Fourth Years of Her present Majesty, intituled An Act to consolidate and amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of theEast IndiaCompany, and for providing for the Observance of Disciplinein the Indian Navy, and to amend the Laws for regulating the Payment of Regimental Debts and the Distribution of the Effects of Officers and Soldiers dying in Service: And whereas it is expedient that the said Act be amended; and it being requisite, for retaining the Forces of the East India Company in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny or stir up Sedition or shall desert the said Company's Service, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That it shall be lawful for Her Majesty to make Articles of War for the better Government of theEast India Company's Forces, and from Time to Time to renew, alter, add to, or amend the same, as to Her Majesty shall appear fit, and all Articles of War to be so made shall be judicially taken notice of by all Judges and in all Courts whatsoever, and Copies of the same, printed by the Queen's Printer, shall, as soon as conveniently may be after the same shall have been made and established by Her Majesty, be transmitted by Her Majesty's Secretary at War to the Judges of Her Majesty's Superior Courts at Westminster, Dublin, Edinburgh ,and in India respectively, and also to the Governors of Her Majesty's Dominions abroad and of the Territories under the Government of the said Company; provided that no Person within the Territories which are or may be under the Government of the said Company, and within One hundred and twenty Miles Distance from the Presidencies of Fort William, Fort Saint George , and Bombay respectively shall by such Articles of War be subject to be transported as a Felon, or be subject to any Punishment extending to Life or Limb, except for Crimes or Offences which are by this Act expressly made liable to such Transportation or to such Punishment as aforesaid, nor shall be subject, with reference to any Crimes made punishable by this Act, to be punished in any Manner which shall not accord with the Provisions of this Act; provided also, that nothing in this Act contained shall in any Manner impeach or affect any Articles of War or other Matters made, enacted, or in force, or which hereafter may be made or enacted or in force, under the Authority of the Government of India , respecting Officers or Soldiers being Natives of the East Indies or other Places within the Limits of the said Company's Charter; and that on the Trial of all Offences committed by any Native Officer or Soldier, or Follower, Reference shall be had to the Articles of War framed by the Government ofIndia for such Native Officers, Soldiers, or Followers, and to the established Usages of the Service.

S-II Persons subject to this Act.

II Persons subject to this Act.

II. And be it enacted, That the Provisions of this Act shall apply to all Persons belonging to any of the Forces of theEast India Company who are or shall be commissioned or in Pay as Officers, or who are or shall be listed or in Pay as Non-commissioned Officers or Soldiers, or who are or shall be serving or hired to be employed in the Artillery or any of the Trains of Artillery, or as Master Gunners or Gunners, or as Conductors of Stores, or who are or shall be serving in the Department of Engineers, or in the Corps of Sappers and Miners or Pioneers, or as Military Surveyors or Draftsmen, or in the Ordnance and Commissariat Departments, and to all Storekeepers and other Civil Officers employed under the Ordnance, and to all Apothecaries, Veterinary Surgeons, Medical Storekeepers, Hospital Stewards and others serving in the Medical Department of the said Forces, and to all licensed Sutlers and Followers in or of any of the said Forces, and that all such Persons shall be at all Times subject to all the Penalties and Punishments mentioned in this Act, and shall in all respects whatsoever be holden to be within the Intent and Meaning of every Part of this Act.

S-III For Purposes of this Act, Presidency of FortWilliam to comprise that of Agra.

III For Purposes of this Act, Presidency of FortWilliam to comprise that of Agra.

III. And be it enacted, That for the Purposes of this Act, and of any Articles of War to be made under the same, the Presidency ofFort William in Bengal shall be deemed and taken to comprise under and within it all the Territories which by Law are divisible between the Presidencies of Fort William in Bengal and Agra respectively, and such Territories shall for all the Purposes aforesaid be taken to be the Presidency of Fort William in Bengal .

S-IV Officers, &c. in Places under Government of the Company liable to same Lawas Company's other Forces.

IV Officers, &c. in Places under Government of the Company liable to same Lawas Company's other Forces.

IV. And be it enacted, That all Officers and Soldiers of any Troops, being mustered and in Pay, which shall be raised and serving in any of the Possessions or Territories which are or may be under the Government of the said Company, or in Places in possession of or occupied by Persons subject to the Government of the said Company, or by any Forces of the said Company, and being under the Command of any Officer having a Commission immediately from the Government of any of the Presidencies of the said Company, shall be liable to Martial Law, in like Manner as the Company's other Forces are.

S-V After Embarkation all Officers and Soldiers subject to Provisions of this Act.

V After Embarkation all Officers and Soldiers subject to Provisions of this Act.

V. And be it enacted, That all Officers and Soldiers who shall be enlisted in or transferred to the Service of the said Company, and all Officers in the said Company's Service who may proceed in charge of or be appointed to do Duty with such enlisted or transferred Officers and Soldiers, shall from and after their Embarkation to go abroad to such Place whereto they shall be sent in the Service of the said Company be during their Passage subject to all the Provisions and Regulations of this Act, and to all such Provisions and Regulations as Officers and Soldiers in the Pay of the said Company shall from Time to Time be subject to at the Garrison or Place to which such Officersand Soldiers shall be sent; and in all Cases in which it may happen that Offences shall be committed by the said Officers and Soldiers after their Embarkation, and before their Arrival at their Place of Destination abroad, which cannot be tried and punished during their Passage in such Manner as such Offences ought to be tried and punished, every such Officer or Soldier may and shall after his Arrival at his Place of Destination abroad be tried and punished for every Offence committed after his Embarkation and before his Arrival, in the same Manner as he would have been liable to be tried and punished if such Offence had been committed in any Place where the Offender might have been tried by Court-martial held under the Authority of this Act.

S-VI Commanders in Chief at the several Presidencies empowered to convene Courts-martial.

VI Commanders in Chief at the several Presidencies empowered to convene Courts-martial.

VI. And be it enacted, That for the Purpose of bringing Offenders to Justice it shall be lawful for the General or other Officer commanding in chief the Forces inIndia , or the Forces within the Presidency of Fort William , and also for each of the Generals or other Officers respectively commanding in chief the Forces within the Presidencies of Fort Saint George and Bombay respectively, from Time to Time as Occasion may require, to convene Courts-martial for the Trial of any Officer or Soldier under his Command who is or shall be charged with any Offence liable to be tried by Court-martial, whether such Offence shall have been committed before or after such Officer shall have taken upon himself such Command; and it shall also be lawful for each of the said Officers commanding in chief respectively to direct his Warrant to any Officer, not under the Degree of a Field Officer, having the Command of any Body of Forces, authorizing him to convene Courts-martial for the Trial of Offences committed by any Officer or Soldier under his Command, whether the same shall have been committed before or after such Officer shall have taken upon himself such Command; and it shall also be lawful for each of the said Officers commanding in chief respectively, when and as often as any Sentence is given and passed by a Court-martial, legally constituted, upon any Officer or Soldier under his Command, to confirm such Sentence, and to cause the same to be put into execution, or to suspend, mitigate, or remit the same; and it shall also be lawful for each of the said Officers commanding in chief respectively to give his Warrant to any Officer, not under the Degree of a Field Officer, having the Command of any Body of Forces, to confirm Sentences of Courts-martial passed upon Officers or Soldiers under the Command of the Officer to whom such Warrant shall be given (always excepting in any such Warrant the Confirmation of any Sentence of Death, Transportation or Cashiering, upon any...

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