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officers in Gt. Brit., 3 in Ireland, and 97 abroad; 713 deaths of non-commissioned officers and men in Gt. Brit., 209 in Ireland, and 2481 abroad. The rate of mort. in the army abroad during the year was, in the case of officers, 1'576 p.c., and in the case of noncommissioned officers and men, 2'102 p.c.; whereas the mort. in Gt. Brit. was, with officers, 1'007 p.c., and with non-commissioned officers and men 1.183 p.c.
The statistical report of the army medical department for the same year (1865) shows a decrease in the mort. of troops serving in the U.K., compared with the average of the six preceding years, at each quinquennial period of age, except under 20, and at ages 35 and under 40. Thus, the ann. ratio of deaths per 1000 living, exclusive of all depots, in 1865, and in the six years 1859-64 respectively, was, under 20 years of age, 3'54 and 3'01; at 20 and under 25 years, 3'49 and 6'09; at 25-30 years, 6.75 and 8.25; at 30-35 years, 11.05 and 12:23; at 35-40 years, 17:40 and 15.61; and at 40 years of age and upwards, 14'49 and 1965. It is also noteworthy that the ann. mort. p. 1000 living among the civil male pop. of all England, and of the healthy districts of England respectively, was, under 20 years of age, 7.41 and 5·83; at 20 and under 25 years of age, 8:42 and 7:30; at 25-30 years, 9'21 and 7'93; at 30-35 years, 10:23 and 8.36; at 35-40 years, 11.63 and 900; and at 40 years of age and upwards, 13.55 and 9.86. These facts illustrate the deteriorating effect of military service, for while under 30 years of age the mort. was lower than among the male civil pop. at the same ages, yet above that age it was higher, and increased with the advance of years in a much more rapid ratio than in civil life.
The strength of the Brit. army at home and abroad in 1866 was 201,641 officers and men. At home there were, on an average, in cavalry, infantry, artillery, and engineers, 4470 officers and 79,654 men, of whom 3021 officers and 53,456 men were in England and the Channel Islands. The residue of the home strength, 27,647 officers and men, were in Scotland and Ireland. The large proportion of 24,238 were stationed in the latter country. The proportions of military force in each of the three kingdoms to 10,000 civil pop. were: England and Channel Islands 26, Scotland 11, and Ireland 43. In the U.K., 49 officers and 1007 men died. The mort. of officers was 1'096 p.c.; that of the men was 1 264. Abroad there were 6252 officers and 111,265 men. The number of soldiers was less by about 15,000 than the number abroad in 1864, and less by about 7000 than the number in 1865. Seventy-nine officers and 1723 men died abroad in 1866. The mort. was remarkably low; that of officers being 1-264 p.c. against 1:576 in 1865. The mort. of men was 1549 against 2·102 in 1865.
The strength of the Brit. army at home and abroad, in the year 1867, was 200,335viz., at home, 87,607; abroad, 112,728. In England and the Channel Islands the strength was 60,344; in Scotland, 3517; and in Ireland, 23,746. In the total strength at home the deaths were of officers 49, of non-commissioned officers and men 901, representing a mort, in the former of 1095 per 1000, and in the latter of 1084 per 1000. In Gt. Brit. the death-rate of officers was 12:55, in Ireland 6'62 p. 1000. In Gt. Brit. the death-rate of men was 12:06, in Ireland 7:54. In the total strength abroad, in 1867, the deaths were-of officers 81, of men 2203, representing a mort. of 13.33 p. 1000 in officers, and 20'66 in men.
The following particulars relate to the Bengal army for the same year :--The average strength of the European troops was 34,603 men. In the months of November and December 6000 were withdrawn, and in calculating the admissions and death-rates the returns of the first ten months only have been regarded. The average daily sick was 1803, or 53 per 1000. The admissions into hospital were 48,876, or an average of 1412 p. 1000, showing a favourable result in comparison with former years. The deaths were in the proportion of 3095 p. 1000, representing a loss of life greater than any that has occurred in any year since 1861, but explained by the occurrence of an epidemic of cholera. The total deaths numbered 1071, and 479 of these were from cholera-that is, among the European troops. In the preceding year it was noticed that the ratio of deaths among cases of dysentery had been very materially reduced; that, from having been 8.60 p.c. in 1859, it had gradually, and almost without any check, fallen to 4'19 in 1866. In 1867 the results were not so favourable, since for every hundred cases treated, 5.33 died. The native enjoyed a remarkable immunity from cholera as compared with the European troops; 240 cases occurred, and 184 of the attacked died. Fevers were very rife—29,100 admissions, or 744 p. 1000; the death-rate being 3'04.
Regarding the army of the Punjaub,, the Sanitary Commissioner reported that the average death-rate of European troops for nine years is found by Dr. Bryden to be 55 p. 1000. Out of 522 deaths among European soldiers, no fewer than 250 were due to cholera, 37 to bowel complaints, and 39 to fever, and out of 225 deaths among the native troops, 151 were due to like causes. In the ten years from 1858 to 1867 the average mort. in the gaol was 10'54 p.c.
The reason for all this was close at hand: for we are informed by the same Report that: The water is got chiefly from wells, which are numerous and surrounded by the most polluted soillarge cess-pits full of black offensive stuff being found within a few feet of those wells. But part of the water used by the people comes from a small canal led from the Bara river, and about eight miles long, and we are told that the water flows through the cantonment in a number of open surface channels simply scooped out of the soil, and is exposed to every species of contamination-latrines,
urinals, washhouses, stables, slaughter-houses, etc. There are no fewer than seven burial-grounds on the bank of the stream; several fresh graves were noticed within 3 ft. of the water's edge. There are, moreover, three villages on the banks of the cut, with an aggregate pop. of 1598 souls; and 37 mills are worked by the water of the stream before it enters the cantonment.
But this was not all. There being no sewerage system in the city, and a portion only of the solid excreta of the 58,000 inhabitants being removed, a large part of it, and all the liquid excreta, soak into the soil or evaporate on its surface.
Can there be any reason, except a slight and temporary increase of cost, to prevent the whole of the European troops in India being concentrated in a few cool and healthy stations?
The Reg.-Gen. in his Report on 1867, furnished the annexed Table of the ann. rate of mort. p. 1000 amongst the officers and non-commissioned officers and men in the army abroad, in each of the years 1858-67:
The results of the preceding labours are here shown in a truly encouraging light.
Noncommissioned Officers and Men.
The following T. of the ann. rate of mort. p. 1000 in the Austrian army, for the
Earl de Grey and Ripon having reason to believe that much useful information in regard to the sanitary arrangements for troops serving in hot climates, especially in the field, might be obtained from the experience of the French army in Algeria, you will proceed to that country, and place yourselves in communication with the military authorities there, who have received instructions to render you such information and assistance as may be necessary. You will inquire into the nature and results of the sanitary arrangements referred to, and report on these-stating at the same time to what extent they will in your opinion be applicable to Her Majesty's troops serving in India and other hot climates.
The Committee consisted of four, including Dr. Sutherland and Major Ewart.
The Report on the sanitary condition of the Brit. army for 1868 furnished the following important Tables. The first shows the mort. experienced at various stations at the various ages of life, and is full of interest:
The next shows the ratio of deaths p. 1000, including all branches of the service at the following stations for this year :
The heavy mort. in Newfoundland, compared with Canada, Nova Scotia, and New Brunswick, is specially marked as being due to Intemperance. We wonder what percentage of all the deaths in the army are traceable to this one cause!
In 1868 the Provost Marshal-General of the Army of the U.S. made his final report, showing the operation of his bureau from its organization, in March, 1863, to the close of the war, The tables annexed to the report show that 280,739 officers and men lost their lives in the army. Of this number 5221 commissioned officers and 90,886 enlisted men were killed in action or died of wounds, while 2321 commissioned officers and 182,329 enlisted men died of disease, or, in some few cases, of accident. This gives I officer killed in action or died of wounds to every 18 enlisted men, which makes the mort. of the officers somewhat greater than that of the men, as the former constituted about 1-25th of the entire force, supposing the organizations to be full. On the other hand, not I officer to 90 men died of disease. Several reasons are given for this remarkable disproportion in favour of the commissioned class; one is, "the superior morale, the hopefulness and elasticity of spirit which is given to a man by investing him with a commission and its accompanying authority, responsibility and chances of advancement." The disproportion between the mort. of the commissioned officers and enlisted men of coloured troops is still more noteworthy. In this branch of the service the officers lost in killed or died of wounds, I in about 42, while the men lost but about 1 in 66. The officers, however, show of deaths by disease a loss of only 1 in 77, while the men show the enormous proportion of nearly 1 in 7, which is by far the highest mort. from this cause exhibited in the records of the U.S. army. As the general proportion of deaths from disease among white troops was less than 1 in 17, the question came up as to whether it is an economic or philanthropic measure to employ troops who are so eminently liable to death from diseases incident upon camp life. It was stated that the loss of the regular army from desertion was 244 25 per 1000, while in the volunteers it was but 62:51. This is accounted for on the ground that the men who enlisted in the regular army, a large proportion of whom were foreigners, were far inferior in character to those furnished by the States.
In December, 1871, Dr. Graham Balfour, the head of the Statistical Branch of the Army Medical Department, read a paper before the Statistical So. on the Comparative Health of Seamen and Soldiers as shown by the Naval and Military Statistical Reports. We can only very briefly glance at its results: and there is the less need to do so inasmuch as the paper will prob. be printed in the Statistical Journal, in the vols. of which will be found many important papers on this subject. The sickness in the navy had been found greater than in the army. The mort. less. A good deal of what is termed "sickness is the result of accidental injuries. The difference in the mort. might be explained by the difference of age in the services-the navy employing a great number of young and healthy boys. The difference in diet in the two services caused some variation in the diseases. Delirium tremens and epilepsy were a good deal more prevalent in the navy than in the army. The following passage bears more immediately on our present subject:
Thirty-five years ago, when public attention was first thoroughly directed to the consideration of the health of the army and of the means necessary to improve it, the mort., so far as could be ascertained from the imperfect data, amounted to at least 3 p.c. annually. On the average of five years-1865-69it was under 1 p.c. Taking the strength of the army, exclusive of colonial corps, from the army estimates for 1871-72, as 184,000 non-commissioned officers and men, the difference in the mort. represents a saving of above 2300 lives annually-a saving of no small importance, and representing even at the lowest estimate of the cost of production of a trained soldier, a large sum of money, which would be necessary to replace these men. It must not, however, be supposed that this money value has been all realized in a reduction of expenditure-many of the improvements referred to have been effected by means of a large outlay; but even after making a very liberal deduction on this account, there will still remain a considerable pecuniary saving as a result of these measures. It should also be remembered that another consequence of this judicious expenditure has been to remove
some of those objections to service in the army which rendered it unpopular, increased the difficulty (and consequently the expense) of recruiting, and deterred a better class of men from joining its ranks. Although this art. has exceeded the length orig. contemplated, it will be seen that it only furnishes so to speak the skeleton of the subject. The reader can follow it up at his leisure from the sources here indicated. [BATTLE.] [MILITARY SERVICE.] [NAVY.] [WAR.] ARNOLDI, HERR, founder of the Fire Ins. Bank for Germany, at Gotha, in 1821. [GERMANY.]
ARNOULD, SIR JOSEPH, pub. in 1848 The Law of Marine Ins. and Average. A very famous work; indeed, regarded by many as the very highest authority on the subject. An ed. was pub. in Boston, U.S., in 1850, with add. by J. C. Perkins. 3rd ed., by David Maclachlan, M.A., Lond., 1866, 2 vols. It is from this last that we have chiefly quoted in these pages. The author says in his preface: “Almost the whole law on the subject treated of is Judge-made law, and the value of previous decisions, as precedents, depends on the application of rather refined principles to frequently complicated states of fact."
The American Law Journal has thus aptly described this work :-" The student will here find within a convenient compass the learning of the continental jurist; the just and politic judgments of the first intellects in England, in Westminster Hall; and the clear and satisfactory determinations of the American commercial tribunal and judges, at once eminently scientific and practical."
ARREARS, OR ARREARAGES.-Money unpaid at the time due; the remainder due after payment of part of an account; money in the hands of an accounting party. ARREST OF A SHIP.-Arrest is a temporary detention of a ship, and with a view to ultimately releasing it, or paying its value.-Emerigon.
Under pol. of Marine Ins. the underwriter is made responsible for "arrests, restraints, and detainments of all kings, princes, and people of what nation, condition, or quality soever." By the word "people" is understood to be meant, not mobs or multitudes of men, but the ruling power of the country, as, say, a republic.
An "arrest" takes place whenever the Government of the country to which a ship belongs, or any other friendly power, with the object, not of prize-for then it would be a capture-but with a design to restore the ship and goods, or pay the value of them to their owners, seizes the ship and goods for State purposes, either in port or at sea. Thus where a Genoese corn ship was seized at sea by Venetian cruisers, and carried for the relief of Corfu, then in a state of famine, where it was sold and paid for, it was decided by the Rota of Genoa, that this was not a capture, in respect of which the assured, who had abandoned, could recover for a total loss; but merely an arrest, or detention of princes, the object being not to make prize, but to purchase corn.-Roccus. In this lies the grand distinction between arrest and capture.—Arnould.
Cases of detention [DETENTION OF PRINCES] have arisen under circumstances causing them to be regarded as captures. These will be considered under CAPTURES. The most common form of arrest is in the shape of an embargo. [EMBARGO.]
An arrest, detention, or embargo, does not, like capture, break up the voyage under the charter-party, or at once put an end to the contract of affreightment; on the contrary, the voyage is still supposed to be proceeding on its former terms-the period of detention being considered as a portion of it.-Maclachlan's Shipping.
There appears to be no doubt that if a Brit. ship be arrested or seized by the Brit. Gov., from any State necessity, or detained in port by a Brit.-laid embargo, this is a loss for which the underwriters are liable, as a detention within the meaning of the pol. This was the dictum of Lord Alvanley in Touteng v. Hubbard. Such accordingly seems to have been the opinion of our Courts in a case where a Brit. ship was seized by the Brit. Gov. and converted into a fire-ship (Green v. Young); and in another, where such ship was seized and taken in tow by a Brit. man-of-war (Hagedorn v. Whitmore). In fact, says Arnould, there seems no ground of distinction in this respect, as far as concerns the liability of the underwriters, between an arrest or embargo by the home and by a foreign Gov. Accordingly, the modern French Code of Commerce has decreed that "arrest by the home Gov. after the commencement of the voyage" is a ground of abandonment (Arts. 369, 370); and the later French Jurists, especially Boulay-Paty and Estrangin [Estrangin on Pothier], show that it rests on precisely the same ground as an arrest by foreign powers. It was formerly considered that a foreigner who had effected ins. in this country was debarred from claiming under the pol. in respect of a loss resulting from the arrest by his own Gov. of the property ins. ; because in the eye of the law he was regarded as identified with his ruler in the commission of the act. But this principle is now clearly restricted to cases in which the arrest is committed with a hostile intention towards this country.— McArthur.
A question has been raised, whether, in case goods are seized by a friendly power or by the home Gov. for State necessities, as in the case of provisions already mentioned, the insured can recover as for a loss by arrest and detention. The better opinion seems to be, that if a price be paid for the goods, equivalent to their value for the purposes of ins.-i.e., their prime cost, together with the expenses of insuring, and loading them on board -the insured can claim nothing; if less than this, he may sue for the difference; if
no payment be made, he may recover as for a total loss.-Valin, Pothier, Emerigon, Arnould; and see Aubert v. Gray, Exchequer Chamber, 1862.
It was decided in the Court of Exchequer, 1870-Finlay v. The Liverpool and Great Western Steam-Ship Co.-that the "acts and restraints of princes and rulers," mentioned in the pol. and bill of lading, have reference to the forcible interference of the State or the Gov. of a country, taking possession of property manu forti, and do not extend to legal proceedings conducted in a constitutional manner, nor to decisions in a Court of Law. The most recent instance of arrest in the sense here implied is that of the Germans taking the English coal-ships in a mouth of the Seine for the purpose of blockading the passage of the river, during the late Franco-German war. [CAPTURE.] [DETENTION.] [EMBARGO] [PRIZES.] ARRESTMENT.-A process of attachment prevailing in Scotland. A judicial order is obtained, prohibiting the removal or delivery of movable property, or the payment of money held by a third party, until the satisfaction of a debt or claim due to the arrestor by the person whose property is arrested. It is equivalent to attachment in Lond. Pol. of ins. are especially liable to be subjected to arrestment. [ATTACHMENT.] ARRET (FR.).—A judgment, decree, or sentence.
ARSENIC, SALE OF.-For the purpose of restricting the sale of arsenic and poisons of that class, the 14 Vict. c. 13 (1851) has imposed various restrictions and penalties, which we believe have had the tendency of materially lessening the number of deaths resulting from unrestricted dealings in poison-especially arsenic.
ARSON (ab ardendo or low Lat. arsis, a burning).—At Common Law it is the malicious and wilful burning of the house or outhouse of another man.
This (says Blackstone) is an offence of very great malignity, and much more pernicious to the public than simple theft, because of the terror and confusion which necessarily attend it, and also because in simple theft the thing stolen only changes its master, but still remains in esse for the benefit of the public: whereas, by burning, the very substance is absolutely destroyed. It is also frequently more destructive than murder itself, of which too it is often the cause: since murder, atrocious as it is, seldom extends beyond the felonious act designed; whereas fire too frequently involves in the common calamity persons unknown to the incendiary, and not intended to be hurt by him, and friends as well as enemies.
The punishment for arson was by our ancient Saxon laws, death; and in the reign of Edward I. this sentence was executed by a kind of lex talionis; for the incendiaries were burnt to death; as they were also according to Gothic constitutions. The Stat. 8 Henry VI. c. 6 (1429) made the wilful burning of houses, under some special circumstances therein mentioned, amount to the crime of high treason; but it was again reduced to an ordinary felony by the general Acts of Edward VI. and Queen Mary. Moreover, the offence of arson was denied the Benefit of Clergy by Statute 23 Henry VIII. c. I. That statute was repealed by 1 Edward VI. c. 12; and arson was afterwards held to be ousted of Clergy, with respect to the principal offender, only by inference and deduction from the Statute 4 & 5 Ph. & M. c. 4, which expressly denied the benefit to an accessory
before the fact.
There has been much other legislation on the subject, which we need not follow. The latest law thereon is by Act 24 & 25 Vict. c. 97 (1861). The provisions of the previous acts were repealed, and it is provided (s. 2), whosoever shall unlawfully and maliciously set fire to any dwelling-house, any person being therein, shall be guilty of felony, and is made liable to penal servitude for life, or not less than five years, or to imprisonment for not more than two years, with or without hard labour, or solitary confinement; and if the offender be a male under the age of sixteen, he may also be sentenced to be whipped. And the same punishments are attached (by s. 1) to the felonious offence of so setting fire to any church, chapel, or meeting-house, or other place of divine worship. And (by s. 3) provided the intent be to injure or defraud any person, to the crime of feloniously firing a house, stable, coachhouse, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, storehouse, granary, pens, shed, or fold; or any farm building, or building or erection used in farming land, or in carrying on any trade or manufacture, whether in possession of the offender or any other person; and (by s. 4) to the felonious offence of firing a station or other building belonging to a railway, port, dock, harbour, canal, or other navigation; or (by s. 5) any building (other than those already specified) belonging to the Queen, a county, riding, division, city, borough, poorlaw union, parish or place, or to any university, or college or hall thereof, or to any inn of court, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution."
As to other buildings not specified as above, the offence of so setting fire to them is somewhat less penal; being a felony punishable with penal servitude to the extent of fourteen years instead of life, or else by such imprisonment as already mentioned.
It is also enacted, that it shall be felony, and punishable as last mentioned, by any overt act to attempt to set fire to any building, or any matter or thing in, against or under a building, under such circumstances that if the firing were accomplished, the offence would amount to felony (secs. 7 and 8).