Enlisting for either His Majesty's or the East India Company's Service. Question 8 is to be put by the Justice as follows: 8. Are you willing to be attested to serve in His Majesty's Army, or in the Forces of the East India Company, according as His Majesty shall think fit to order, until you shall be duly and legally discharged? Enlisting for the East India Company's Service. Question 8 to be put by the Justice as follows: 8. Are you willing to be attested to serve the East India Company until you shall be legally discharged? [Or if the Recruit enlists for limited Service then insert, for the Period of Twelve Years, [if the Person enlisting is of the Age of Eighteen Years or upwards, but if under Eighteen Years, then the Difference between his Age and Eighteen to be added to such Twelve Years, as the Case may be, and such Period to be inserted instead of Twelve Years,] provided the said United Company should so long require your Service? OATH to be taken by a RECRUIT enlisting for unlimited or limited Service. I do make Oath, That the above Questions have been separately put to me; that the Answers thereto have been read over to me; and that they are the same that I gave, and are true. I do also make Oath, That I will be faithful and bear true Allegiance to His Majesty, His Heirs and Successors, and that I will, as in Duty bound, honestly and faithfully defend His Majesty, His Heirs and Successors, in Person, Crown, and Dignity, against all Enemies, and will observe and obey all Orders of His Majesty, His Heirs and Successors, and of the Generals and Officers set over me. So help me GOD. Witness my Hand Signature of Recruit, If enlisting for either His Majesty's or the East India Company's Service, the following Addition is to be made to the foregoing Oath. And that if His Majesty, His Heirs or Successors, shall please to appoint me to serve in the Forces of the East India Company, then I swear, that I will also be true to the said United Company, and will duly observe and obey all their Orders, and the Orders of their Generals and Officers who shall be lawfully set over me. If 6 6 If enlisting for the East India Company's Service, the following is to be added to the Oath. And that I will also be true to the said United Company, and will duly observe and obey all their Orders, and the Orders of their Generals and Officers who shall be lawfully set over me. CA P. VI. An Act to indemnify the Governor General and other Persons made and passed in the Fourth Year of the Reign of His present Majesty, intituled An Act for effecting an Arrangement 3&4W.4. c.85. with the East India Company, and for the better Government of 'His Majesty's Indian Territories, till the Thirtieth Day of April One thousand eight hundred and fifty-four, the Superintendence, Direction, and Control of the whole Civil and Military Govern'ment of all the British Territories and Revenues in India is vested in a Governor General and Councillors, styled "The • Governor General of India in Council"; and it is thereby ' enacted that there shall be Four Ordinary Members of the said 'Council, to be appointed by the Court of Directors of the said Company, as therein mentioned; and it is thereby enacted that 'the Person who should be Governor General of the Presidency of Fort William in Bengal on the Twenty-second Day of April 'One thousand eight hundred and thirty-four should be the First • Governor General of India under that Act, and that such Per'sons as should be Members of Council of the same Presidency on that Day should be respectively Members of the Council ' constituted by that Act; and it is also enacted that the said 'Council shall from Time to Time assemble at such Place or 'Places as shall be appointed by the said Governor General in 'Council within the said Territories; and various Provisions are 'made for the Administration of the Government of the said 'Territories, all of which it is thereby enacted shall commence ' and take effect from and after the Twenty-second Day of April 'then next, (that is to say,) from and after the Twenty-second Day of April One thousand eight hundred and thirty-four : ' And whereas by a Commission under the Seal of the Honorable 'the East India Company, bearing Date the Twenty-seventh Day ' of December One thousand eight hundred and thirty-three, duly 'issued by Order of the Court of Directors of the said Company ' in that Behalf, the said Court did appoint Lord William Caven'dish Bentinck to be Governor General of India, to take upon ' himself the said Office upon and from the Twenty-second Day ' of April One thousand eight hundred and thirty-four, and did 'further appoint William Blunt Esquire, Alexander Ross Esquire, William Byam Martin Esquire, and Thomas Babington Macaulay Esquire, to be respectively the First, Second, Third, and Fourth < Ordinary Governor General, Vice President, and Members of Council in India, &c. indem nified for all Acts done by them between 22d April 1834 and 1st January 1835; Ordinary Members of the said Council; and by another Commission bearing the same Date the said Court did appoint Sir Charles Theophilus Metcalfe Baronet to be Governor of the Presidency of Agra, which Presidency is by the said recited Act 'directed to be constituted, to take upon himself the said Office upon and from the said Twenty-second Day of April One thousand eight hundred and thirty-four: And whereas under and by virtue of the former Appointments of the Court of Directors of the said Company at the Time of issuing the said Commissions, and from thence until the Twenty-second of April One thousand eight hundred and thirty-four, the said Lord William • Cavendish Bentinck was Governor of the Presidency of Fort • William in Bengal, and the said Sir Charles Theophilus Metcalfe and the said William Blunt and Alexander Ross were respectively Members of the Council of the said Presidency, and in virtue of the Provisions of former Acts the said Sir Charles Theophilus Metcalfe was also Vice President of the said Council: And whereas on the said Twenty-second Day of April One thousand eight hundred and thirty-four the said Lord William Cavendish Bentinck was, in consequence of Ill-health, at Ootacamund in the Presidency of Madras, and the said Sir Charles Theophilus Metcalfe and the aforesaid William Blunt were at Calcutta, and the said Alexander Ross, William Byam Martin, and Thomas Babington Macaulay were not in the East Indies, and Lieutenant Colonel William Morrison, who had been appointed by the said Court a Provisional Councillor of India, was in Mysore; and for these and other Reasons the Government of 'the said Presidency and other the Territories belonging to the East India Company in India was administered for a Time otherwise than in accordance with the said recited Act; and it is expedient that the said Lord William Cavendish Bentinck, and Sir Charles Theophilus Metcalfe and William Blunt, and all other Persons by whom the said Government was so admi'nistered, and all Persons acting under the Order of them or of any or either of them, should be indemnified in manner herein' after mentioned, and their Acts rendered valid: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Lord William Cavendish Bentinck, Sir Charles Theophilus Metcalfe, and William Blunt, and also the several Persons who at any Time after the said Twentysecond Day of April One thousand eight hundred and thirty-four were or acted as Members of the Council of India, and also all Persons acting under the Authority of them or any or either of them, shall be and they are jointly and severally hereby indemnified, freed, and discharged from and against all Actions, Suits, Prosecutions, and Penalties whatsoever, for or on account or in respect of all or any Acts, Matters, and Things whatsoever done, ordered, directed, or authorized by the said Governor General and Vice President and Members of Council, or any or either of them, or by any Person or Persons acting under the Authority of them or of any or either of them; so only and provided that such Acts, Matters, and Things shall have been done, ordered, 13 directed, directed, or authorized bona fide in the Exercise of the Administration of the Government of the British Territories in the East Indies, between the said Twenty-second Day of April One thousand eight hundred and thirty-four and the First Day of January One thousand eight hundred and thirty-five. II. And be it further enacted and declared, That all such Acts, and such Acts Matters, and Things shall be as valid and effectual, and shall be to be valid. and be deemed to be of as much Force, Validity, and Effect, as if the same had been expressly authorized by the said recited Act. CA P. VII. An Act for the Regulation of His Majesty's Royal Marine as 4 & 5 W. 4. c. 4.] VI. And be it enacted, That a General Court-martial convened Composition of in any Part of the King's Dominions, (Bermuda, Africa, and New General CourtsSouth Wales excepted,) or in the Settlements of the East India martial. Company, or elsewhere, shall consist of not less than Thirteen Commissioned Officers, and if convened in Bermuda or out of the King's Dominions (excepting Africa and New South Wales) shall have not less than Seven, and in Africa and New South Wales not less than Five Commissioned Officers; and in all Cases no Judgment of Death shall pass without the Concurrence of Two Thirds at the least of the Members present; and the President shall in no Case be the Officer commanding in chief or Governor of the Garrison where the Offender shall be tried, nor under the Degree of a Field Officer, unless where a Field Officer cannot be had, nor in any Case whatsoever under the Degree of a Captain. IX. And whereas it may be expedient in many Cases that ' Officers of the Land Forces should be associated with Royal • Marine Officers for the Purpose of holding Courts-martial;' be it enacted, That when and as often as it shall be deemed necessary it shall and may be lawful for Officers of Royal Marines and of the Land Forces to sit in conjunction on any Court-martial to be held under the Authority of this Act, and to proceed on the Trial of any Marine Officer, Non-commissioned Officer, Drummer, or Private Man, in like Manner to all Intents and Purposes as if such Court-martial were composed of Marine Officers only, and whether the Officer by whose Order such Court-martial is assembled belong to the Land or the Marine Forces; and the Officers composing such Court shall in such Cases take Rank according to the Seniority of their Commissions in either Service. Officers of the Marine and Land Forces may sit in conjunction on Courts-martial. XI. And be it enacted, That a District or Garrison Court- District or martial shall consist of not less than Seven Commissioned Officers, Garrison Courts-martial. except in Bermuda, Africa, and New South Wales, where it may consist of not less than Five Commissioned Officers; and that it shall be lawful for such Court, although assembled under the Authority of an Act of the present Session of Parliament, for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters, to proceed to try any Marine or Marines below the Rank of a Commissioned Officer for any 5 & 6 GUL. IV. C Offence Marking a Offence committed by any of them while serving in conjunction with His Majesty's Land Forces, and to sentence any such Marine to any Imprisonment, solitary or otherwise, and with or without hard Labour, in any public Prison or other Place which such Court may appoint, or to Corporal Punishment not extending to Life or Limb, for Immorality, Misbehaviour, or Neglect of Duty; and such Court may, in addition to either of the said Punishments, sentence a Marine to Forfeiture of all Advantage as to additional Pay, and to Pension on Discharge, for disgraceful Conduct in wilfully maiming or injuring himself, or any other Marine at the Instance of such Marine, with Intent to render himself or such other Marine unfit for the Service; in tampering with his Eyes; in malingering, feigning Disease, absenting himself from Hospital while under Medical Care, or other gross Violation of the Rules of any Hospital, thereby wilfully producing or aggravating Disease or Infirmity, or wilfully delaying his Cure; in purloining or selling Government Stores; in stealing any Money or Goods the Property of a Comrade, of a Military Officer, or of any Military or Divisional or Regimental Mess; in producing false or fraudulent Accounts or Returns; in embezzling or fraudulently misapplying Public Money intrusted to him; or for any other disgraceful Conduct, being of a cruel, indecent, unnatural, felonious, or fraudulent Nature; and such Offender may be further put under Stoppages, not exceeding Two Thirds of his daily Pay, until the Amount be made good of any Loss or Damage arising out of his Misconduct; and if any Marine shall be convicted of any such disgraceful Conduct, and shall be sentenced to Forfeiture of his Claim to Pension, the Court may further recommend him to be discharged with Ignominy from His Majesty's Service; and any such Court shall deprive a Marine, if convicted of the Charge of habitual Drunkenness, of his Liquor when issued in Kind or of his Allowance in lieu of Beer or Liquor, or of additional Pay, or of such Portion of his daily Pay, for any Period not exceeding Two Years, as may accord with the Rules and Articles of War, subject to Restoration on subsequent good Conduct; and in addition to any such Punishment the Court may, if it shall think fit, sentence such Offender to Imprisonment or to Corporal Punishment; provided that in all the aforegoing Cases the Sentence of a District or Garrison Court-martial shall be confirmed by the General Officer, Governor, or Senior Officer in command of the District, Garrison, Island, or Colony; and the President of every Court-martial other than a General Courtmartial, not being under the Rank of Captain, shall be appointed by the Officer convening such Court-martial: Provided always, that such Court-martial shall not have Power to pass any Sentence of Death or Transportation. XIV. And be it enacted, That every Marine convicted of Desertion by any Court-martial, or of Felony in any Court of Criminal Judicature, shall thereupon forfeit all Advantage as to additional Pay, and to Pension on Discharge, in addition to any other Punishment which such Court may award; and it shall be lawful for any General Court-martial assembled to try the Crime of Desertion, in addition to any other Punishment such Court may award, to direct that the Öffender be marked on the Left |