PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE, And to be purchased, either directly or through any Bookseller, from U8625 1907 NOTE. The corrections necessitated by the Territorial and Reserve Forces Act, 1907, have been made in the Army Act, and a copy of the firstmentioned Act will be found at the end of the Manual, but the Index contains no reference to the Territorial and Reserve Forces Act. (Wt. 19947 40,000 11 | 07- H & S 8384) MANUAL OF MILITARY LAW. 7438 2051 PREFACE TO THE FIRST EDITION. IN July, 1879, Colonel the Rt. Hon. F. Stanley, M.P. (a), then Secretary of State for War, requested the Parliamentary Counsel Office to undertake the work of preparing Rules of Procedure, under section 69 of the Army Discipline and Regulation Act, 1879, and also of superintending the preparation of a Manual, which should contain an edition of the Act and of the above Rules with notes, and form a text book on Military Law. The work was commenced at once by the Parliamentary Counsel Office. The Rt. Hon. Hugh C. E. Childers, M.P. on becoming Secretary of State for War in 1880, approved of the continuance of the work; and the present book, which is the result, was provisionally circulated by his authority, and is now issued by the authority of his successor, the Rt. Hon. the Marquis of Hartington, M.P. (b). Before the Rules of Procedure could be finally settled, the Army Discipline and Regulation Act, 1879, was repealed and replaced by the Army Act, 1881, and a complete revision of Section VI (Discipline) of the Queen's Regulations, 1885, also took place. These changes explain the delay which unavoidably occurred in the completion of the work commenced in 1879. The book contains chapters giving a general view of the Army Act, 1881, of the Rules of Procedure, and of the history of military law and organisation. Chapters have also been added on collateral matters, as the Law of Riot, &c., and the Customs of War. These form Part I of the book. The Army Act, 1881, and the Rules of Procedure with explanatory notes follow; and these, with some additional forms, &c., complete Part II of the book. Part III contains miscellaneous enactments, regulations, and forms, including the Regimental Debts Act, and the regulations made under it; and a set of forms illustrative of the chapter on the Customs of War. The chapters were written by Sir Henry Thring, K.C.B., Parliamentary Counsel (c); Mr. H. Jenkyns, C.B., Second Parliamentary Counsel (d); Mr. C. P. Ilbert, legal member (a) Now the Earl of Derby. (b) Now the Duke of Devonshire. (c) Subsequently Lord Thring, K.C.B. (d) Subsequently Sir H. Jenkyns, K.C.B., and Parliamentary Counsel. (M.L.) a 2 of the Council of the Viceroy of India (a); Lt.-Col. Blake, R.M.L.I.; Mr. A. C. Meysey-Thompson, of the Inner Temple; and the Editor. The Notes to the Army Act and to the Rules were for the most part written by Mr. H. Jenkyns and the Editor; the valuable notes of the decisions of the Judge Advocate-General have been supplied from the office of the Judge Advocate-General, and the illustrations of the forms of charges have been framed by Col. Rocke, Deputy Judge Advocate. The Index was framed by Mr. W. L. Selfe, of Lincoln's Inn (b). The general editorship of the work was entrusted to Mr. G. A. R. FitzGerald, of the Parliamentary Bar, who has during its preparation been in constant communication with the office of the Parliamentary Counsel. Brigadier-General Elles, C.B., late Assistant-Adjutant-General (c), has rendered invaluable aid during its whole progress. The Editor is also much indebted to the criticisms and careful corrections of Mr. W. L. Selfe. Acknowledgment also is due to Major-General R. Carey, C.B., late Deputy Judge Advocate, for the free use of his "Military Law and Discipline," a work on the Mutiny Act and Articles of War, which was undertaken and completed shortly before the old form of the Military Code became obsolete. On this account the work, although printed by authority at the War Office, was never published. The debt which the army owes to the late Captain T. F. Simmons for his book on the Constitution and Practice of Courts-Martial, and to his son (sometime Major of Brigade, North-Eastern District, and now a Canon of York), the editor of subsequent editions, is well known. The book was the only complete modern treatise on the practice of courts-martial, which is almost as important as the military law itself. Some of the editions were undertaken at the request of the military authorities, and in 1868 the editor was informed by the Adjutant-General that His Royal Highness the FieldMarshal Commanding-in-Chief recognised the efforts he had made in collecting the precedents, rules and axioms which guided the a ministration of military law (d). The value of the labours of the author and editor has been still further illustrated by the new Rules of Procedure, which in many instances embody the course of procedure suggested in "Simmons on Courts-Martial." of (a) Now Sir C. P. Ilbert, K.C.S.I., and Clerk of the House of Commons, late Parliamentary Counsel. (b) Now His Honour Judge Selfe. (c) Subsequently Major-General Sir W. K. Elles, K.C.B. (d) In the Queen's Regulations of 1868 the book was recommended as a useful book of reference, and in the General Order of 1st November, 1873, prescribing the examination of regimental officers previous to promotion, it was mentioned as useful for officers preparing for examination. When the Army Discipline and Regulation Act of 1879 passed, the Rev. Canon Simmons, learning that the Secretary of State contemplated the issue of a Manual of Military Law under authority, generously placed his book at the disposal of the Secretary of State for the good of the Service. The readers of the present Manual will see that extensive use has been made of the offer, and that much of "Simmons on Courts-Martial" survives in the following pages. The book has been submitted to and carefully revised by the Rt. Hon. G. O. Morgan, Q.C., M.P., Judge AdvocateGeneral (a). His Royal Highness the Field-Marshal Commanding-inChief has also been pleased to approve of the work. An abbreviated edition of the work, in the form of a practical manual, will be issued as soon as possible. May, 1884. ADVERTISEMENT TO THE SECOND EDITION. This edition has been revised throughout by the Editor with the advice and assistance of Mr. Jenkyns and Colonel W. R. Lascelles, A.A.G. November, 1887. ADVERTISEMENT TO THE THIRD EDITION. New Rules of Procedure were issued in 1893, chiefly in consequence of the amendments made in the Army Act, which fused together the Field General Court-Martial and the Summary Court-Martial; and these Rules, as well as the various amendments of the Army Act, are embodied in the present edition, which has again been revised by the Editor, with the advice and assistance of Colonel Hildyard, late Assistant Adjutant-General, and now Commandant of the Staff College. The Index has been completely re-cast in a form which, it is hoped, will increase its usefulness to Officers and others; and the Editor wishes particularly to acknowledge the ability and industry brought to this portion of the work by Mr. James Huggett, of the War Office. July, 1894. (a) Subsequently Sir G. O. Morgan, Bart. |