the
man has been such that an example is unnecessary; or he may have
relations in the regiment of excellent character, upon whom some part
of the disgrace would fall if he were flogged.' Still no court
martial but a general one could sentence a soldier to be simply
dismissed. To secure his dismissal they must first sentence him to be
flogged.

On the 24th of February, 1835, the Governor-General of India in
Council, Lord William Bentinck, directed that the practice of
punishing soldiers of the native army by the cat-o'-nine-tails, or
rattan, be discontinued at all the presidencies; and that henceforth
it shall be competent to any regimental, detachment, or brigade court
martial to sentence a soldier of the native army to dismissal from
the service for any offence for which such soldier might now be
punished by flogging, provided such sentence of dismissal shall not
be carried into effect unless confirmed by the general or other
officer commanding the division.'

For crimes involving higher penalties, soldiers were, as heretofore,
committed for trial before general courts martial.

By Act 23 of 1839, passed by the Legislative Council of India on the
23rd of September, it is made competent for courts martial to
sentence soldiers of the native army in the service of the East India
Company to the punishment of dismissal, and to be imprisoned, with or
without hard labour, for any period not exceeding two years, if the
sentence be pronounced by a general court martial; and not exceeding
one year, if by a garrison or line court martial; and not exceeding
six months, if by a regimental or district court martial.
Imprisonment for any period with hard labour, or for a term exceeding
six months without hard labour, to involve dismissal. Act 2 of 1840
provides for such sentences of imprisonment being carried into
execution by magistrates or other officers in charge of the gaols.
[W. H. S.]

This last paragraph has been brought up from the end of the volume
where it is printed in the original edition.

The army has been completely reorganized since the author's time, and
the regulations have been much modified.

In October, 1833, Lord William Bentinck had assumed the command of
the army, on the retirement of Sir Edward Barnes, and thus combined
the offices of Governor-General and Commander-in-Chief, as the
Marquis Cornwallis and the Marquis of Hastings had done before him.

7. Batavia was occupied by Sir Samuel Auchmuty in