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No. 1. Ord. No. 4, 1854.
Defaulters, how dealt with.
Musters, &c., regulated.
No man to appear under arms except by order. President to order Courts Martial.
Notice of trial.
attending, how punished.
shall forfeit and pay the sum of three pounds, to be recovered in a summary way before any one of Her Majesty's Justices of the Peace, or in default of payment, shall be liable for the first offence to be imprisoned for any period not exceeding thirty days, and for any subsequent offence, to any period not exceeding three months.
XVIII. That if any such defaulter as aforesaid shall not, within three days after satisfaction of the judgment given, or after his discharge from prison, should he be imprisoned on that account, enrol himself in the said Militia, he shall be again proceeded against as before: And if any non-commissioned officer or private shall remove his residence from one island to another where any Militia shall be embodied, he shall enrol himself in such company of the said Militia as shall be ordered by the officer there commanding, and shall be subjected for any neglect thereof to the same fines and penalties as he would have incurred had he neglected to enrol himself as required under the provisions of this Ordinance. XIX. That it shall be lawful for the President from time to time to regulate by general order the number of general musters or reviews, company musters, or drills, and other duties to be performed by the said Militia; as also all matters relating to the internal economy of the said Militia; and that, except when otherwise directed by the said President, no greater number than twelve private drills shall take place in any one year, and no greater number than two private drills in any one month.
XX. That it shall not be lawful for any officer, non-commissioned officer, or private in the said Militia, to appear under arms, except in obedience to any order as aforesaid, under a penalty of one pound for every offence, to be recovered in manner aforesaid.
XXI. That for the trial of all offences that may be committed under this Ordinance, and which are not herein otherwise provided for, it shall be lawful for the President to grant commissions for holding General Courts Martial when required, and that every such General Court Martial shall consist of at least one fieldofficer and six other commissioned officers, to be nominated by the President, and summoned by warrant under the hand of the President of such Court at least three days previous to the time appointed for holding the same; and that every Regimental Court Martial shall be convened by the senior field-officer at Grand Turk or Salt Cay, as the case may be, and shall not consist of less than five officers, except in cases where that number cannot conveniently be assembled, when three may be sufficient, which aforesaid Courts shall determine by a majority of votes: And every officer so summoned who shall refuse or omit to attend such general or Regimental Court Martial shall forfeit for every such offence a fine not exceeding ten pounds.
XXII. That every person so to be tried by a General Court Martial shall have five days' notice in writing; and by a Regimental Court Martial, two days' notice, as well of the charges to be preferred against him as of the time and place of trial; and if any person so notified shall not appear or send a satisfactory excuse for his absence, or if evidence be given of his secreting or keeping himself out of the way to avoid the service of such notice, he shall stand convicted of the offence in such notice expressed, and shall incur such penalty as the Court would have adjudged had he been tried and convicted.
XXIII. That all General and other Courts Martial constituted No. 1. by this Ordinance shall have authority, and they are hereby re- Ord. No. 4, quired to administer an oath to every witness examined at the trial of any offences which may be brought before them; and any person Courts autaking a false oath, or procuring or suborning any other witness or thorized to person so to do, shall be liable to have an information filed against administer him in the Supreme Court of these islands, and, upon conviction, oaths. shall suffer the like pains and penalties as by law are inflicted upon persons guilty of perjury or subornation of perjury.
XXIV. That in all trials by General or other Courts Martial to Form of oaths. be held by virtue of this Ordinance, every member assisting at such trial, before any proceedings be had thereon, shall take the following oaths before the Judge Advocate or his deputy, or (in Regimental Courts Martial) before the clerk appointed by the President of the said Court, who are respectively authorized to administer the same, that is to say: "You shall well and truly try and determine according to evidence in the matter now before you,
"SO HELP YOUR GOD."
"I, A. B., do swear that I will duly administer justice according to Ordinance No. 4 of 1854, entitled 'An Ordinance to consolidate and amend the Laws now in force relating to the Militia,' without partiality, favour, or affection: And if any doubts shall arise which are not explained by the said Ordinance, according to my conscience, the best of my understanding, and the customs of war in like cases. And I further swear that I will not divulge the sentence of the Court until it shall be approved of by the President, or other officer duly authorized; neither will I upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof by a Court of Justice or a Court Martial, in due course of law,
"SO HELP ME GOD."
And as soon as the said oaths shall have been administered to the respective members, the President of the Court is hereby authorized and required to administer to the Judge Advocate or the person officiating as clerk an oath in the following words :
"I, A. B., do swear that I will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof as a witness by a Court of Justice or a Court Martial in due course of law,
"SO HELP ME GOD."
XXV. That no person whatsoever shall use any menacing or Punishment disrespectful words, signs, or gestures in the presence of any Court for misbehaMartial when sitting, or shall cause any riot or disorder, so as to viour. interrupt their proceedings, on pain of imprisonment, at the discretion of such Court Martial for any period not exceeding ten days.
XXVI. That all witnesses duly summoned by the Judge Advo- Witnesses cate or person officiating as such shall, during their necessary free from arattendance on such Courts, and in going to and returning from the rest.
same, be privileged from arrest in like manner as witnesses attending the Supreme Court are privileged; and if any such witness shall be unduly arrested, he shall be discharged by the Court out of which the writ or process shall issue; and if any such Court be not then sitting, then by any Judge of such Court, upon its being made to appear to such Court or Judge, by affidavit, that such witness was arrested in going to, or returning from, or attending on such Court Martial; and all witnesses so summoned who shall not attend on such Courts Martial shall be liable to be punished by such Court in like manner as if such witness had neglected to attend on a trial in any criminal proceeding in the Supreme Court.
XXVII. That no sentence of a General or Regimental Court Martial shall be carried into execution until after the report of the whole proceedings shall have been made to the President, and his directions received thereon.
XXVIII. That a record of the proceedings of every such General Court Martial shall be made and kept by the Judge Advocate or his deputy, and be open to the perusal and inspection of the officers of Militia; and a similar record shall be made by the Clerk of every Regimental Court Martial, subject to the perusal and inspection as aforesaid, the same to be kept by the adjutant.
XXIX. That all buildings provided for the use of the Militia; and all military equipments, provisions, or stores for the use of the same, shall be under the care and inspection of some person or persons appointed by the President for that purpose. And such person or persons who shall embezzle any money, or fraudulently misapply, or damage any military equipments, provisions, or stores belonging to the Militia force, or be concerned in, or connive at such embezzlement, fraudulent misapplication or damage, may be tried for the same by a General Court Martial, which may adjudge any such offender to be cashiered, and to suffer such other punishment as such Court shall think fit, according to the nature and degree of the offence; and every such offender shall, in addition to any other punishment, make good at his own expense the loss and damage sustained, which shall be ascertained by such Court Martial; and the loss and damage so ascertained shall be recovered in manner hereinafter directed.
XXX. That any non-commissioned officer or private of the Militia who shall embezzle, misuse, injure, or negligently lose, or who shall wilfully suffer to be misused or injured any military equipments furnished to him, or shall carry away, or suffer to be carried away from the island on which he may be enrolled, any such military equipments, except in obedience to lawful orders to that effect, he shall be liable to pay treble the original cost of the article or articles so misused or injured, lost, or carried away, as aforesaid, to be recovered, with costs, before any Magistrate in a summary way; and any person who shall buy any such military equipments, knowing the same to be such, either at public or private sale, shall forfeit the sum of ten pounds, to be recovered with costs, in manner hereinafter directed; and any person with whom any such military equipments may be deposited for sale is hereby required to deliver the same to the proper person authorized to take charge of such military equipments, otherwise he shall be deemed to be the purchaser thereof; and it shall be the duty of the person having charge of the military equipments as
aforesaid, to cause all offenders in the premises to be proceeded against in manner aforesaid.
XXXI. That it shall not be lawful for any person liable to do duty in the Militia, to whom military equipments appertaining to the said Militia shall have been issued, to leave this colony without having delivered up all such military equipments to the proper person authorized to receive the same, under a penalty of five pounds, to be recovered before a Magistrate in a same manner; and it shall be the duty of such person, on the receipt of such military equipments, to give a certificate of such delivery.
Ord. No. 4, 1854.
Militia men not to leave
the Colony without delivering up
XXXII. That any person summoned and absenting himself from any general parade, muster, review, company muster, drill, or patrolling party; if an officer, for the first offence, shall be fined Five pounds, and for and any subsequent offence, shall either be liable to a similar fine, or shall be brought to a General Court Martial, and suffer such punishment by fine, not exceeding Twenty pounds, as such Court Martial shall inflict; and any non-commissioned officer, or private, absenting himself as aforesaid, shall for the first offence be fined Five shillings; and for any subsequent offence shall be liable to a fine not exceeding One pound, or to suffer such punishment as a Regimental Court Martial shall inflict, not exceeding Twelve pounds, or imprisonment not exceeding one month; and any such defaulter, if not excused within forty-eight hours after such default committed, shall be reported in writing to the quarter and muster master, by the captain or other officer commanding the company to which such defaulter shall belong: whereupon the said quarter and muster master shall prepare a warrant to be countersigned by the senior officer in command, directed to the regimental marshal or his deputy, to levy the fine aforesaid with Six shillings costs (two shillings for the quarter and muster master, and four shillings for the regimental marshal or his deputy), of the goods of such defaulter; and if the goods found are not sufficient, to commit him to some lawful place of confinement for the space of one calendar month, unless the said fine and costs be sooner paid; How to be and no such fine as aforesaid shall be remitted, wholly or in part, enforced. but on application to the President, or to the officer commanding the militia, either of whom may lawfully remit the same, wholly or in part; and all such fines shall be collected by the said quarter and muster master: and every non-commissioned officer or private appearing on duty not dressed in the uniform of the company to which he belongs, or whose arms or accoutrements shall not be found in proper order, shall forfeit a sum not exceeding Ten shillings; to be imposed and levied by warrant under the hand and seal of the officer commanding at such general muster, parade, review, company muster, drill, patrolling party, or other duty, and addressed to the regimental marshal or his deputy for execution.
Fine for parades, &c.
XXXIII. That it shall be the duty of the corporals of the seve- Corporals to ral companies to summon the men belonging to their respective summon men. companies to attend all general musters, drills, patrolling parties, or other duty; and any corporal neglecting to summon any man upon his muster roll, shall be subject to the same fine as such man would have been subject to if he had been duly summoned and had made default in attending; which fine shall be recovered as other fines from defaulters: Provided always that nothing herein contained shall extend, or be construed to extend, to prevent any officer,
No. 1. Ord. No. 4, 1854.
Fees of Regimental Marshal.
When necessary, the President may order out the Militia.
Horses, &c., &c. impressed.
Expense how defrayed.
Maintenance of wounded
How Militia officers are to serve with Regulars.
Militia rules in force.
Misconduct how punished.
or non-commissioned officer, or any private acting under the orders of any officer or non-commissioned officer from summoning the men of the company to which such officer or non-commissioned officer shall belong, to attend any such parade, general muster, review, drill, company muster, or patrolling party; or to perform such other duty as aforesaid.
XXXIV. That the regimental marshal, or his deputy, shall be entitled to have and receive the same costs for the service and execution of warrants as are herein allowed to him in cases of warrants against defaulters.
XXXV. That in case of invasion, or insurrection, or riot, or any apprehension thereof, it shall be lawful for the President, by and with the consent of the Executive Council, to order out the whole militia, or such part as shall be deemed requisite to perform military duty at any island or district within this government, and for such length of time as the said President in Council shall think necessary, anything hereinbefore contained to the contrary notwithstanding; and during such service, the officers, non-commissioned officers, and privates shall be provided with such rations and allowances (pay excepted) as are given to Her Majesty's troops of the same rank; the expense of which shall be paid out of the Public Treasury by warrant in the usual manner.
XXXVI. That it shall be lawful for the officer commanding any party during such invasion, or insurrection, or riot, or any apprehension thereof, and who shall be ordered on any particular service, to procure refreshments for the same, at a rate not exceeding two shillings per diem for each man; and to impress such carts, horses, or mules as may be necessary for dragging cannon and carrying baggage, ammunition, or stores or the like when upon any march; giving certificates therefor to the persons of whom the same may be received; and the President is hereby authorized, by and with the consent of the Executive Council, to issue his warrant on the Public Treasury for the payment of the same.
XXXVII. That any indigent non-commissioned officer or private, who shall be wounded or disabled in defence of the colony, shall be maintained at the public expense, so long as he shall continue disabled.
XXXVIII. That no commissioned officer of the militia shall, under any circumstances, be compellable to serve in conjunction with any part of the regular land or sea force of Her Majesty, unless the said militia officer shall be allowed to take rank immediately after the officers of the regular army of the same grade, and, above all, officers of an inferior grade; with the exception only, that when the commanding officer of the regular force within this government shall be of the rank of a field-officer, the whole of the militia or any detachment thereof while acting in conjunction with the regular troops shall be under his orders; the superior rank of any militia officer employed in such service to the contrary notwithstanding.
XXXIX. That all other matters which relate to the discipline of the militia, the rank of officers, and the proceedings of Courts Martial, shall be regulated as nearly as may be according to the rules and discipline of the British army.
XL. That all violations of this Ordinance, all scandalous conduct in officers of militia, and all offences to the prejudice of order