as the Army Annual Act, which also regulates the number of the troops to be maintained. The Army Act, 1881, and various amending Acts, with the King's Regulations and Army Orders made by statutory authority, form the present code of military law.

General Features of Military Law. The following points may be noted with regard to the constitution and jurisdiction of the military courts :

(1) Certain purely military offences are created by the Act of 1881 which are cognizable only by courts martial, and these offences come under such general headings as s-Offences in relation to the enemy; Mutiny and insubordination; Desertion and fraudulent enlistment; Offences in relation to prisoners; with some others, all of which are to be found in the Army Act, 1881.

(2) All offences against the ordinary law are triable by court martial, except that (i.) treason, murder, manslaughter, treason felony, and rape, if committed in the United Kingdom, are not triable by court martial, but by the competent civil court. (u) (ii.) The same offences, if committed in any place within his Majesty's dominions other than the United Kingdom or Gibraltar, are not triable by court martial unless committed whilst on active service, or unless the place where the offence was committed is more than one hundred miles in a straight line from any city or town in which the offender might be tried by a competent civil court. (x)

(3) Any person subject to military law when in the king's

dominions may be tried by any competent civil court for offences for which he would be liable if he were not subject to military law. (y) Except that all soldiers of the regular forces are exempt from civil process except on account of (i.) a charge of or conviction for felony or misdemeanour punishable with fine or imprisonment; (ii.) on account of any debt, (u) Army Act, 1881, s. 41 (a).

(x) Ib.

(y) Ib. s. 41 (b).

damages, or sum of money exceeding £30. But where the debt or damage is less than £30, after due notice in writing given to the soldier or left at his last quarters, the creditor may proceed to judgment in his suit or action, and have execution other than against the person, pay, arms, ammunition, equipments, regimental necessaries, or clothing of such soldier. (z)

(4) The courts martial, the constitution and proceedings of which are regulated by the Act, are either fieldgeneral, district, regimental, or summary courts martial. The sentences passed by such courts martial must be confirmed by the officer appointed by the Act, but in cases of acquittal no confirmation is needed. The confirming officer may send back the finding and sentence once for revision, (a) or refer it to any superior authority competent to confirm, or he may mitigate, remit, commute, or suspend the sentence. But in no case may he recommend the increase of a sentence. (b)

(5) In addition to the jurisdiction of the courts martial, the commanding officer has jurisdiction to try offences under the Act in a summary way. (c)

(6) The rules of evidence in trials by courts martial are the same as those in use in civil courts, (d) and with regard to the conduct of proceedings and the reception and rejection of evidence, courts martial are subject only to such laws as may be made by the Parliament of the United Kingdom. (e)

(7) At a trial by court martial counsel may appear both for the prosecution and defence, and are subject to the same rules for contempt as in the High Court. (ƒ)

(z) Army Act, 1881, s. 144.

(a) S. 54. In case of revision no new evidence may be taken (16.). (b) Ss. 54, 57.

(c) S. 46.

(d) S 128.

(e) S 127. See the Rules of Procedure, 1899, made under the authority of s. 70 (St. R. & O. 1899, p. 141).

(f) S. 129. The regulations for the conduct of a case by counsel are to be found in the Rules of Procedure, 1899, rr. 87-94. (See St. R. & O. 1899).

(8) A person, though sentenced or acquitted by court martial, may afterwards (in cases triable by a civil court) be tried by a civil court, but any military punishment he may have already received must be taken into consideration in awarding punishment. (g)

(9) A person acquitted by a civil court of competent jurisdiction is not liable to be tried by court martial on the same charge. (h)

(10) The Crown is empowered to make Articles of War for

the better government of officers and soldiers, and these are to be taken notice of judicially in all the Courts. (i)

(11) Assignments of, or charges on, their pay or pension made by officers or soldiers are void unless made in pursuance of a royal warrant or by statutory authority. (k)

(12) Officers and soldiers when on duty or on the march are exempt from tolls. (1)

(13) All soldiers are exempt from serving on juries. (m) (14) Officers and soldiers have the right of voting for and sitting as members of Parliament; soldiers are, however, subject to certain statutory regulations with regard to remaining in barracks during parliamentary elections except for the purpose of their military duties, or for giving their votes. (n)

(15) An officer on the active list may not be appointed sheriff, and may not be mayor or alderman or hold any post in any municipal corporation. (o) Officers are not, however, disqualified from being county councillors. (p)

The Judge Advocate General. The judge advocate general acted as secretary and legal adviser to the Board of General Officers through which the Crown carried on

(g) S. 162 (1) (2).

(i) S. 69.

(1) S. 143.

(h) S. 162 (6).

(k) S. 141. (m) S. 147.

(n) See 10 & 11 Vict. c. 21; 26 & 27 Vict. c. 12.

(0) Army Act, 1881, s. 146; 52 Vict. c. 3, s. 6.
(p) 54 Vict. c. 5, s. 8.

the administration of military matters down to the year 1793. In that year the commander-in-chief of the army took the place of the Board, the judge advocate general remaining his chief legal adviser, but ceasing to perform secretarial duties.

Down to the year 1892 the office was political, and the holder of it a member of the ministry and a privy councillor. (q) Since 1892 the office has been conferred upon the president of the Probate, Divorce, and Admiralty Division, who is invariably a privy councillor. The office is conferred by letters-patent, and the duties of the judge advocate general's department are discharged by two deputy judge advocates general, who are salaried officials appointed by the judge advocate general acting under his letters-patent. (r) The duties of the department are to review the proceedings of all field-general, general, and district courts martial held in the United Kingdom, and advise the sovereign, or the officer authorized to act as confirming officer under the Army Act, 1881, (s) as to the confirmation of the finding and sentence.

In cases where a commissioned officer is sentenced to death or penal servitude, or to be cashiered, dismissed, or discharged by a court martial held outside the United Kingdom, except in India, the proceedings are sent to be reviewed by the judge advocate general's department; (t) and any confirming officer outside the United Kingdom may send the proceedings to be so reviewed if he elects to do so. (u)

The proceedings of general and district courts martial must be sent to the department and there kept for not less than seven years in the case of a general, and three years in the case of a district court martial. (x) Within these times persons who have been tried by such courts martial may have a copy of the proceedings (including revision and confirmation) on payment of the prescribed fees. (y)

(q) See Simmons on Courts Martial, 462 n.

(r) For the form of these letters patent, see Simmons on Courts Martial, 1279.

(8) See Army Act, 1881, s. 54.

(t) Simmons on Courts Martial, 462 n. (it) Ib.

(x) Rules of Procedure, 1899, rr. 97, 98. The record of the proceedings of regimental courts martial are sent to the convening officer and kept with the regimental records for three years. Ib. r. 98 (B). (y) Ib. r. 99.

Judge Advocates.-At all general courts martial the convening officer must, and at district courts martial he may, if he chooses, summon a judge advocate to attend the proceedings, (2) and these judge advocates are such persons as are appointed either by commission under the sign manual, or as deputies (permanent or special) by the judge advocate general acting under his letters patent, or by the convening officer himself, where he is empowered to do so by the terms. of his warrant. (a)

Formerly the officiating judge advocate acted as prosecutor, but this practice was discontinued in 1860. (b) The duties of this officer, and his qualifications when appointed by the convening officer, are now regulated by the Rules of Procedure made under the authority of the Army Act, 1881. (c) Generally speaking, his duties are to act as adviser to the court on all questions of law, procedure, evidence, etc., and to make a record of the proceedings and forward the same to the judge advocate general's department.

Army Organization.

Defects of the Old System. From the general outline given above it will be seen that a great many matters relating to the army are regulated by statute, whether such statutory authority is essentially necessary from a constitutional standpoint or not. Such matters, generally speaking, are-the maintenance of a standing army; the number of troops to be raised; the exercise of the supreme command by the Crown ; the subjection of the troops when raised to military law; the constitution, formation, and procedure of courts martial and the codes of crimes and penalties to which the soldier is subject ; the persons subject to military law; the general mode of enlistment and term of service; the division of the forces into regulars, reserves, and territorial forces; the times and manner of calling out the reserves and auxiliary forces; with

(z) Rules of Procedure, r. 101 (A).

(a) Ib.; and see Simmons on Courts Martial, s. 462.

(b) Simmons on Courts Martial, s. 461 n.

(c) See Rules of Procedure, 1899, rr. 95–103 (St. R. & O. 1899, pp. 1448-1451).