CO129-243 - Public Offices & Others - 1889 — Page 368

February 1886.]

CL, 31

10

General Regulations-continued.

reference to the declaration or indictment (of which a continued. copy should be sent, if possible, with the application), that the act complained of was one sanctioned by com- petent authority, or clearly within the prescribed course of the defendant's duty.

7. In cases of murder, where the accused and deceased were both subject to the Army Act, the Coin- manding Officer will request the Magistrates forthwith to transmit a copy of depositions taken before them, to the War Office, that the case may (if the Secretary of State deems it expedient that a more speedy trial of the accused should be had than the usual course of practice allows) be prepared for trial by the Solicitor to the Treasury, under the jurisdiction in "Homicides Act, 1862."

II.-Abroad.

S. Where the adoption, or the defence of legal pro- ceedings abroad cannot wait the previous sanction of the Secretary of State, they should only be taken on the special authority of the General or other Officer Com- manding, to whom a report of the circumstances of the case, together with a statement showing the prolable expenses, will be addressed by the lead of the Depart- ment or Commanding Officer, on whose recommendation the legal proceedings are proposed to be taken.

9. This report and statement will be forwarded by the General or other Officer Commanding, together with a copy of his letter authorizing legal proceedings, and a full explanation of his reasons for authorizing them, to the Secretary of State for War for tinal approval; and in no case will the expenses incurred be admitted as a charge against Imperial fonds, unless they have received such approval

10. When legal proceedings have been authorized, the Head of the Department or Commanding Officer con- cerned, acting under the instructions of the General Officer Commanding, will, frote time to time, furnish the Legal Adviser of the War Department with such in- formation and assistance as ho may require, and the General Officer Comwauding will keep the Secretary of State advised as to the course being piraued."

11. In Colonies which have a responsible Government, and in which the Law Officers of the Crown may be frequently changed, and in other cases in which from souie local circumstances, the General or other Officer

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[February 1886.

Cl. 31

General Regulations--continued.

Commanding, with the assent of the Governor, may consider that the Law Officers of the Crown are unable continued. to attend conveniently to the business of the War Department, the General or other Officer Commanding will select a legal adviser of character and eminence iù Pig profession, to act for the War Department. He may one of the Colonial law Officers or not, as the General or other Officer Commanding may think best; and bie name will be reported for the approval of the Secretary of State for War.

19. In cases where the advice of the Law Officer of the Crown is obtained, his usual fees will be paid.

13. The remuneration of the selected Adviser of the War Department, will be settled thus: (1) if he is a Law Officer of the Crown who is paid by a salary, his remuneration shall bear the same proportion to his annual salary, as the demands of the War Department on his time and attention during the year may have borne to the demand made during the same period on his time and attention by the Colonial Government; or (2) by fees, the fees to be paid by the War Department will be neither greater nor less than the fees which any such Officer may receive in respect of duties of equal importance aud difficulty perforrued for the Local Government.

14. When the selected Adviser is not a Law Officer of the Crown, he should receive, for any business which may be thrown upon him by the War Department, a fair remuneration according to the allowance that would be made by the Colonial Government to a Law Officer of the Crown.

15. There are cases in which the services of the legal Officer of the Crown can only be rendered as a Barrister, and a case must therefore be prepared for hit by an Attorney, and in some minor cases, the services of the Attorney may alone be required. General or other Officers Commanding will therefore use their judgment in such cases where & diminution of legal expenses may

be effected without sacrificing public interests.

16. The Colonial anthorities will be called upon to prosecute civilian offenders, unless the case he of so grave or special a character as to make it desirable that special agents should be employed on behalf of the Home Government.

17. Clause 32, Army Circulars, 1881, and Clause 49, Army Circulars, 1882, are hereby cancelled.

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