DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0261
A.D. 1847.]
ACT XIX.
251
payment of regimental debts, remitted by the officer commanding the
corps to which the deserter belongs, to the general treasury at the pre-
sidency, or appropriated according to the rules obtaining at such presi-
dency.
ARTICLE 105
All powers and provisions contained in these Articles relating to the
Commander-in-Chief shall be construed to extend to the Commander-in-
Chief at any presidency, and to the officer commanding the forces for the
time being at any presidency, unless when otherwise provided.
All powers and provisions contained in these articles relating to soldiers
shall be construed to extend to non-commissioned officers, unless when
otherwise provided.
ARTICLE 106.
When any portion of the troops belonging to one presidency shall be
serving within the limits of another presidency, such troops shall be con-
sidered as placed, during such service, under the orders and authority of
the Commander-in-Chief, or commanding officer of the forces of the presi-
dency within which they are serving, for all the purposes of these Articles
of War, in the same manner as though they belonged to such presidency;
and all the provisions of these Articles of War, which relate to the trial
and punishment of offenders belonging to the presidency within which the
trial is held, are hereby declared applicable to the trial and punishment of
offenders amenable to these Articles of War serving within such presi-
dency. Provided always, that it shall be lawful for the Governor-General
in Council, in his executive capacity, to direct that the troops, or any part
thereof, of any presidency, whilst serving without the limits of such presi-
dency, shall continue under the orders and authority of the Commander-in-
Chief, or commanding officer of the forces of the presidency to which thev
belong for all purposes of these Articles.
ARTICLE 107.
Any officer commanding any portion of the East-India Company's
troops which may at any time be serving in any place out of her Majesty's
dominions, or of the possessions or territories which are or may be under
the Government of the said Company, or of the territories of those states
in alliance with the said Company in which the said Company's forces are
permanently stationed, shall, upon complaint made to him of any offence
committed against the property or person of any inhabitant or resident in
any such countries, by any person serving with or belonging to the Com-
pany's army, being under the immediate command of any such officer, sum-
mon and cause to assemble a general court-martial, which shall consist of not
less than three officers, for the purpose of trying any such person, notwith-
standing any such officer shall not have received any warrant empowering
him to assemble courts-martial; and every such court-martial shall have
the same powers in regard to summoning and examining witnesses, trial
of and sentence upon any such offenders, as are granted by these Articles
to general courts-martial; provided that no sentence of any such court-
martial shall be executed until the General Commanding in Chief the
army to which the division, brigade, detachment, or party to which any
person so tried, convicted, and adjudged to suffer punishment shall
2 K 2
SECTION V.
Miscellaneous.
Construction of the
Articles.
out of their own presi-
dency.
ACT XIX.
251
payment of regimental debts, remitted by the officer commanding the
corps to which the deserter belongs, to the general treasury at the pre-
sidency, or appropriated according to the rules obtaining at such presi-
dency.
ARTICLE 105
All powers and provisions contained in these Articles relating to the
Commander-in-Chief shall be construed to extend to the Commander-in-
Chief at any presidency, and to the officer commanding the forces for the
time being at any presidency, unless when otherwise provided.
All powers and provisions contained in these articles relating to soldiers
shall be construed to extend to non-commissioned officers, unless when
otherwise provided.
ARTICLE 106.
When any portion of the troops belonging to one presidency shall be
serving within the limits of another presidency, such troops shall be con-
sidered as placed, during such service, under the orders and authority of
the Commander-in-Chief, or commanding officer of the forces of the presi-
dency within which they are serving, for all the purposes of these Articles
of War, in the same manner as though they belonged to such presidency;
and all the provisions of these Articles of War, which relate to the trial
and punishment of offenders belonging to the presidency within which the
trial is held, are hereby declared applicable to the trial and punishment of
offenders amenable to these Articles of War serving within such presi-
dency. Provided always, that it shall be lawful for the Governor-General
in Council, in his executive capacity, to direct that the troops, or any part
thereof, of any presidency, whilst serving without the limits of such presi-
dency, shall continue under the orders and authority of the Commander-in-
Chief, or commanding officer of the forces of the presidency to which thev
belong for all purposes of these Articles.
ARTICLE 107.
Any officer commanding any portion of the East-India Company's
troops which may at any time be serving in any place out of her Majesty's
dominions, or of the possessions or territories which are or may be under
the Government of the said Company, or of the territories of those states
in alliance with the said Company in which the said Company's forces are
permanently stationed, shall, upon complaint made to him of any offence
committed against the property or person of any inhabitant or resident in
any such countries, by any person serving with or belonging to the Com-
pany's army, being under the immediate command of any such officer, sum-
mon and cause to assemble a general court-martial, which shall consist of not
less than three officers, for the purpose of trying any such person, notwith-
standing any such officer shall not have received any warrant empowering
him to assemble courts-martial; and every such court-martial shall have
the same powers in regard to summoning and examining witnesses, trial
of and sentence upon any such offenders, as are granted by these Articles
to general courts-martial; provided that no sentence of any such court-
martial shall be executed until the General Commanding in Chief the
army to which the division, brigade, detachment, or party to which any
person so tried, convicted, and adjudged to suffer punishment shall
2 K 2
SECTION V.
Miscellaneous.
Construction of the
Articles.
out of their own presi-
dency.