Author Topic: Where do I find the Army Act 1914(Topic finished - thanks)  (Read 3706 times)

Offline Kei

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Where do I find the Army Act 1914(Topic finished - thanks)
« on: Wednesday 05 December 07 14:56 GMT (UK) »
Hello All

I've found a great-uncle who was tried by DCM for 'such an offence of a fraudulent nature as to be mentioned in subsection 5 of Section 18 of the Army Act'.

Whatever it was, he got 56 days for it in late 1914.

Where can I find out what offence it may have been that those parts of the Act apply to, please?

TIA
Foster,Lamb,Core,Timperley,McGhie,Grange,Bateman,Peckett,Taylor - Lancashire and Yorkshire.
Spearing,Lamb - Australia

Online RJ_Paton

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Re: Where do I find the Army Act 1914
« Reply #1 on: Wednesday 05 December 07 15:04 GMT (UK) »
18(5) was apparently defrauding the payroll according to another inquiry on the Great War Forum

http://1914-1918.invisionzone.com/forums/index.php?showtopic=11337

Offline Kei

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Re: Where do I find the Army Act 1914
« Reply #2 on: Wednesday 05 December 07 15:08 GMT (UK) »
Thanks for the reply. Even more intriguing now!
Foster,Lamb,Core,Timperley,McGhie,Grange,Bateman,Peckett,Taylor - Lancashire and Yorkshire.
Spearing,Lamb - Australia

Offline scrimnet

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Re: Where do I find the Army Act 1914
« Reply #3 on: Wednesday 05 December 07 17:30 GMT (UK) »
Ummm.... :-\  ???

According to my copy of The Manual of Military Law 1914, Part 1 of the Army Act, Section 18 states...

Every soldier who commits any of the following offences; that is to say,

(1) Malingers , or feigns or produces disease or infirmity; or

(2) Wilfully maims or inures himself or any other soldier, whether at the
instance of such other soldier or not , with intent thereby to render
himself or such other soldier unfit for service, or causes himself to be
maimed or injured by any person, with intent thereby to render himself unfit
for service; or

(3) Is wilfully guilty of any misconduct, or wilfully disobeys, whether in
hospital or otherwise any orders, by means of which misconduct or
disobeidience he produces or aggravates disease or infirmity, or delays
it's cure; or

(4) Steals or embezzles or receives, knowing them to be stolen or
embezzled, any money or goods the property of a comrade or of an officer, or
any money or goods belonging to any regimental mess or band, or to any
regimental institution, or any public money or goods; or

(5) Is guilty of any other offence of a fraudulent nature not before in this Act particularly specified, or of any other disgraceful conduct of a cruel, indecent, or unnatural kind,

shall on conviction by court-martial be liable to suffer imprisonment, or such less punishment as in this Act mentioned


Note
13 Para (5)
A charge under this paragraph for anything that is an offence under any
previous enactment of the Act will be bad.

14 of a fraudulent nature. The particulars must show that there was fraud in the act with which the accused is charged amounting to a crime according to
the ordinary criminal law; mere misappropriation of money or irregularity in
accounts will not be sufficient.

15 A reservist who has wrongfully enlisted cannot be charged with obtaining
reserve pay by false pretences or fraud.

16 Disgraceful conduct. The particulars of the charge must specify the details of the particular act or acts allleged to constitute the disgraceful conduct

17 Of an indecent kind. Offences of an indecent kind against children and young persons of the female sex should be charged under s.41 and not under this section. The expediency of trying such offences before a civil court should
be considered in each case and where they are committed against natives of
India or of a colony the cases should usually be dealt with by a civil court
if this course can reasonably be followed.



I haven't bothered with the notes to the other subsections...but if you really want them.... ::) ::)

Section 18 is titled "Disgraceful conduct of soldier"


The Army Act is enabled by an Act of Parliament each year, and is not lawful unless it has been so ratified.

The Manual of Military Law is a handbook and guide to be used in conjunction with the same years Kings (Queens) Regulations...Ergo all the notes to this section!! The Army Act is enshrined in the Manual...

"An Act to provide, during Twelve Months, for the Discipline and Regulation of the Army"
One more charge and then be dumb,
            When the forts of Folly fall,
        May the victors when they come
            Find my body near the wall.


Offline Kei

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Re: Where do I find the Army Act 1914
« Reply #4 on: Wednesday 05 December 07 18:47 GMT (UK) »
Excellent! Thanks very much for the time and trouble taken.
Foster,Lamb,Core,Timperley,McGhie,Grange,Bateman,Peckett,Taylor - Lancashire and Yorkshire.
Spearing,Lamb - Australia