DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0262
252
ACT XIX.
[A.D. 1847.
SECTION V.
Trial of commis-
sioned officers.
No person to be tried
a second timefor the
same offence.
Trial of non-com-
missioned officers.
Of complaints
against superior offi-
cers.
Extra drill, &c.
belong, shall have approved and confirmed the same; except where such
sentence shall not exceed the powers granted by these Articles to a
district, or garrison court-martial, in which case the officer by whom the
court is convened is hereby authorized to confirm, or commute, or miti-
gate, or remit the same, reporting the proceedings to the said General
Commanding in Chief.
ARTICLE 108.
General courts-martial only shall have the power to try commissioned
officers, or to pass sentence of death or transportation on any offenders.
ARTICLE 109.
No person, being acquitted or convicted before a court-martial of any
offence, shall be liable to be tried a second time by the same or any other
court-martial for the same offence. Provided always, that after a soldier
shall have been found guilty by a court-martiai of any military offence,
such court-martial shall inquire into and receive evidence of any previous
conviction of such soldier before a court-martial or a court of justice, and
shall inquire into the general character of such soldier, for the purpose of
affixing the punishment to which he is liable to be sentenced for the
offence of which he has been so found guilty.
Provided that no such evidence shall in any case be received until the
court shall have ascertained that such soldier had previously to his trial
received notice of the intention to produce such evidence on the same.
And it is hereby directed, that such notice shall be given to all soldiers
previous to trial.
* ARTICLE 110.
No non-commissioned officer shall be reduced to the ranks but by the
sentence of a court-martial, or by the order of the Commander-in-Chief of
the presidency to which the offender shall belong. Provided that no non-
commissioned officer shall be reduced to the ranks for any limited period;
nor suspended from his rank; nor reduced from a higher to a lower grade
of non-commissioned officer; nor sentenced to suffer corporal punishment
or imprisonment, without being first reduced to the ranks.
* ARTICLE 111.
Any officer or soldier thinking himself wronged by his superior or other
officer is to complain thereof to the commanding officer of his troop or
company, by whom, if the grievance be not redressed, such officer, non-
commissioned officer, or soldier, may complain to the commanding officer
of his regiment, who is hereby required to examine into such complaint,
or remit it to his superior authority, as the circumstances may require ;
but if the complaint should appear to be frivolous or groundless, the party
preferring it shall be liable to be punished according to the sentence of a
general or other court-martial in manner hereinbefore mentioned; pro-
vided that such offender shall not be liable to be sentenced to dismissal,
nor to suffer corporal punishment or imprisonment with hard labour.
ARTICLE 112.
In case of light offences, a commanding officer may, without the inter-
vention of a court-martial, award extra drill with or without pack, of a
ACT XIX.
[A.D. 1847.
SECTION V.
Trial of commis-
sioned officers.
No person to be tried
a second timefor the
same offence.
Trial of non-com-
missioned officers.
Of complaints
against superior offi-
cers.
Extra drill, &c.
belong, shall have approved and confirmed the same; except where such
sentence shall not exceed the powers granted by these Articles to a
district, or garrison court-martial, in which case the officer by whom the
court is convened is hereby authorized to confirm, or commute, or miti-
gate, or remit the same, reporting the proceedings to the said General
Commanding in Chief.
ARTICLE 108.
General courts-martial only shall have the power to try commissioned
officers, or to pass sentence of death or transportation on any offenders.
ARTICLE 109.
No person, being acquitted or convicted before a court-martial of any
offence, shall be liable to be tried a second time by the same or any other
court-martial for the same offence. Provided always, that after a soldier
shall have been found guilty by a court-martiai of any military offence,
such court-martial shall inquire into and receive evidence of any previous
conviction of such soldier before a court-martial or a court of justice, and
shall inquire into the general character of such soldier, for the purpose of
affixing the punishment to which he is liable to be sentenced for the
offence of which he has been so found guilty.
Provided that no such evidence shall in any case be received until the
court shall have ascertained that such soldier had previously to his trial
received notice of the intention to produce such evidence on the same.
And it is hereby directed, that such notice shall be given to all soldiers
previous to trial.
* ARTICLE 110.
No non-commissioned officer shall be reduced to the ranks but by the
sentence of a court-martial, or by the order of the Commander-in-Chief of
the presidency to which the offender shall belong. Provided that no non-
commissioned officer shall be reduced to the ranks for any limited period;
nor suspended from his rank; nor reduced from a higher to a lower grade
of non-commissioned officer; nor sentenced to suffer corporal punishment
or imprisonment, without being first reduced to the ranks.
* ARTICLE 111.
Any officer or soldier thinking himself wronged by his superior or other
officer is to complain thereof to the commanding officer of his troop or
company, by whom, if the grievance be not redressed, such officer, non-
commissioned officer, or soldier, may complain to the commanding officer
of his regiment, who is hereby required to examine into such complaint,
or remit it to his superior authority, as the circumstances may require ;
but if the complaint should appear to be frivolous or groundless, the party
preferring it shall be liable to be punished according to the sentence of a
general or other court-martial in manner hereinbefore mentioned; pro-
vided that such offender shall not be liable to be sentenced to dismissal,
nor to suffer corporal punishment or imprisonment with hard labour.
ARTICLE 112.
In case of light offences, a commanding officer may, without the inter-
vention of a court-martial, award extra drill with or without pack, of a