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Mutiny

punishment, military, mutinous and person

MUTINY (from OF., Fr. inatin. mutinous, from mrate, sedition, from ML. mote, revolt, muta, change. from Lat. mature, to change). Mutiny at military law is unlawful opposition or resistance to lawful military authority with in tent to subvert the same or to nullify or to neu tralize it for the time. (Winthrop, Military Lair, p. 892.) The acts constituting mutiny are exciting, causing. or joining in any mutiny or sedition in any troop, battery, company. party, post detachment, or guard, and are punishable with death or such other punishment as a court martial may direct. (Twenty-second Article of War.) The punishment of death or such other punishment as a court-martial may adjudge may he inflicted on any person in the naval service who commits any of the acts which constitute mutiny. (Revised Statutes. See. 1624.) in Eng land an annual act of Parliament passes to pun ish mutiny in the army and navy. (See MUTINY ACT.) Under the British artieles "every one commits felony, and is liable upon conviction thereof to penal servitude for life as a maximum punishment, the maximum alternative term of imprisonment being three years. who malicious ly and advisedly endeavors (a) to seduce any person serving in His Majesty's forces by sea or land from his duty and allegiance to His Ma jesty: or to incite or stir rep any such person to commit any act of mutiny, or to make or en deavor to make any mutinous assembly, or to com mit any traitorous or mutinous practicee whatever."

While mutiny is. in general. a concerted pro ceeding. a single officer or soldier may commit the offense. It is an offense punishable with death for a soldier or oilleer being present at a mutiny not to use his utmost endeavor to sup press it, or having route to the knowledge of a mutiny (or intended mutiny). not to give in formation of it to his commanding officer. (Brit ish and American Articles of War.) Acts not characterized by an intent to subvert lawful authority, while they do not come within the legal definition of mutiny. may be regarded and punished as conduct tending to umtiny. but clear of the completion or commission of the offense. The law makes a distinction between ninthly and mutinous conduct, the latter being charged, and tried by court-martial, not under the mutiny articles. but as conduct to the preju dice of pad order and military discipline.