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Use, may be tried for the same by a General Court-martial, which may adjudge any such Offender to Penal Servitude or to be transported as a Felon for Life orfor any certain Term of Years not less than Fourteen, or to suffer such Punishment or Fine, Imprisonment, Dismissal from Her Majesty's Service, and Incapacity of serving Her Majesty in any Office, Civil or Military, 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 have been ascertained by such Court-martial; and in every such Case the Court is required to ascertain by Evidence the Amount of the Loss or Damage incurred, and to declare by their Sentence that such Amount shall be made good by such Offender; and the Loss and Damage so ascertained as aforesaid shall be a Debt to Her Majesty, and may be recovered in any of Her Majesty's Courts at Westminster or in Dublin, or the Court of Exchequer in Scotland, or in any Court in Her Majesty's Colonies where the Person sentenced by such Court martial shall be resident, after the said Judgment shall be confirmed and made known; and every Commissioned Officer sentenced to Penal Servitude or to be transported as a Felon, when such Sentence shall be confirmed, shall thereupon cease to belong to Her Majesty's Service, and for ever be incapable of serving Her Majesty in any Military Capacity.

XXIII. Whenever Her Majesty shall intend that any Execution of Sentence of Penal Servitude or of Transportation heretofore or Sentences of Transportation hereafter passed upon any Offender by any Court-martial shall in the United be carried into execution for the Term specified in such Kingdom. Sentence or for any shorter Term, or shall be graciously pleased to commute as aforesaid to Penal Servitude or to Transportation, any Sentence of Death passed by any such Court, the Sentence, together with Her Majesty's Pleasure thereupon, shall be notified in Writing by the Officer commanding in chief Her Majesty's Forces in Great Britain and Ireland, or in the temporary Absence of such Officer by the Adjutant General, or when there shall not be any Commander-in-Chief of Her Majesty's Forces in Great Britain and Ireland, then by the Secretary-atWar or his Deputy, to any Judge of the Queen's Bench, Common Pleas, or Exchequer in England or Ireland, and thereupon such Judge shall make an Order for the Penal Servitude or Transportation of such Offender in conformity with such Notification, and shall also do all such other Acts consequent upon such Notification as such Judge is authorized to do by any Act in force touching the Penal Servitude or Transportation of other Offenders; and the Person in whose Custody such Offender shall at that Time be, and all other Persons whatsoever whom the said Order may concern, shall be bound to obey and shall be assistant in the Execution thereof, and shall be liable to the same Punishment for Disobedience, or for interrupting the Execution of such Order, as if the B 2 Order

In the Colonies.

17 VICT. Order had been made under the Authority of any such Act as aforesaid; and every Person so ordered to Penal Servitude or to be transported shall be subject to every Provision made by Law and in force concerning Persons convicted of any Crime and under Sentence of Penal Servitude or of Transportation; and from the Time when such Order of Penal Servitude or of Transportation shall be made, every Act in force touching the Escape of Felons, or their afterwards returning, or their being at large without Leave, shall apply to such Öffender, and to all Persons aiding and abetting, contriving or assisting in any Escape or intended Escape, or returning without Leave, of any such Offender; and the Judge who shall make any Order of Penal Servitude or of Transportation as aforesaid shall direct the_Notification of Her Majesty's Pleasure, and his own Order made thereupon, to be filed and kept of Record in the Office of the Clerk of the Crown of the Court of Queen's Bench; and the said Clerk shall have a Fee of Two Shillings and Sixpence only for filing the same, and shall, on Application, deliver a Certificate in Writing (not taking more than Two Shillings and Sixpence for the same) to such Offender or to any Person applying in his or Her Majesty's Behalf, showing the Christian and Surname of such Offender, his Offence, the Place where the Court was held before whom he was convicted, and the Conditions on which the Order of Penal Servitude or of Transportation was given; which Certificate shall be sufficient Proof of the Conviction and Sentence of such Offender, and also of the Terms on which such Order for his Penal Servitude or Transportation was given, in any Court and in any Proceeding wherein it may be necessary to inquire into the same.

XXIV. Whenever any Sentence of Penal Servitude or of Transportation heretofore or hereafter passed upon any Offender by any Court-martial holden in the East Indies, or in any part of Her Majesty's Foreign Dominions, or elsewhere beyond the Seas, is to be carried into execution for the Term specified in such Sentence or for any shorter Term, or when Sentence of Death has been or shall as aforesaid be commuted to Penal Servitude or to Transportation, the same shall be notified by the Officer commanding Her Majesty's Forces at the Presidency or Station where the Offender may come or be, or in his Absence by the Adjutant General for the Time being, to some Judge of One of the Supreme Courts of Judicature in the East Indies, or Chief Justice, or some other Judge, as the Case may be, in any Part of Her Majesty's Foreign Dominions, who shall make Order for the Penal Servitude or Transportation or intermediate Custody of such Offender, in like Manner as for the Penai Servitude or Transportation or intermediate Custody of any other Convict; and upon any such Order being made it shall be duly notified to the Governor of the Presidency if in the East Indies, or to the Governor of the Colony if in any of Her Majesty's Colonies, or to the Person who shall for the Time

being be exercising the Office of Governor of such Presidency or Colony, who, on Receipt of such Notification, shall cause such Offender to be removed to some Colony or Place in obedience to the Directions for the Removal of Convicts which shall from Time to Time be transmitted from Her Majesty through One of Her Principal Secretaries of State to such Presidency or Colony; and such Offender on being so removed shall undergo the Sentence of Penal Servitude or of Transportation which has been passed upon him in the Colony or Place to which he has been so removed or sent, and whilst such Sentence shall remain in force shall be liable to be there imprisoned, and kept to Hard Labour, and otherwise dealt with under such Sentence in the same Manner as if he had been sentenced to be imprisoned, with Hard Labour, during the Term of his Penal Servitude or of his Transportation, by the Judgment of a Court of competent Jurisdiction in the Colony or Place to which he has been so removed or sent: Provided always, that in any Case where a Sentence of Penal Servitude or of Transportation shall have been awarded by a General or Detachment General Court-martial it shall be lawful for Her Majesty, or, if in the East Indies, for the Officer commanding in chief the Forces in India, instead of causing such Sentence to be carried into execution, to order that the Offender be imprisoned for a Term not exceeding Two Years, either with or without Hard Labour, and Solitary Confinement not exceeding the Period herein-after prescribed.

Punishment.

XXV. Any Court-martial may sentence any Soldier to Power to inflict Corporal Punishment not extending to Life or Limb for dis- Corporal graceful Conduct, as herein-after mentioned, Misbehaviour, or Neglect of Duty; provided that no such Sentence of Corporal Punishment exceed Fifty Lashes.

Punishment

XXVI. It shall be lawful for any General, District, or Power to inflict Garrison Court-martial, in addition to any Sentence of Corporal Corporal Punishment, to award Imprisonment, with or without Hard and ImprisonLabour, and with or without Solitary Confinement.

XXVII. In all Cases in which Corporal Punishment shall form the whole or any Part of the Sentence awarded by any Court-martial it shall be lawful for Her Majesty, or for the General or other Officer authorized to confirm the Sentences of Courts-martial, to commute such Corporal Punishment to Imprisonment, either solitary or with or without Hard Labour, for any Period not exceeding Forty-two Days, or to mitigate such Sentence, or instead of such Sentence to award Imprisonment, either solitary or with or without Hard Labour, for any Period not exceeding Twenty Days, and Corporal Punishment, to be inflicted in the Prison, not exceeding Twenty-five Lashes; provided that such Commutation of Punishment to Solitary Confinement shall in no Case exceed the Period herein-after prescribed.

XXVIII. Any General Court-martial may, in addition to any other Punishment which it may be competent to award,

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sentence

ment.

Power to comPunishment. mute Corporal

Forfeiture of
Pay and Per-

sion by Sen.

martial.

tence of Court- sentence any Offender to Forfeiture of all Advantage as to additional Pay, Good-conduct Pay, and to Pension on Discharge, which might have otherwise accrued from the Length of his former Service, or to Forfeiture of such Advantage absolutely, whether it might have accrued from past Service or might accrue from future Service, according to the Nature of the Case; and any District or Garrison Court-martial may also, in addition to any Sentence which such Court may award, sentence any Offender to such Forfeiture for Desertion or for disgraceful Conduct,

Forfeiture of
Pay on Con-
viction of

Desertion or
Felony.

In wilfully maiming or injuring himself or any other Soldier,
whether at the Instance of such other Soldier or not, or of
causing himself to be maimed or mutilated by any other
Person, with Intent thereby to render himself or such other
Soldier unfit for Service:

In wilfully doing any Act, or wilfully disobeying any Orders,
whether in Hospital or otherwise, thereby producing or
aggravating Disease or Infirmity, or delaying his Cure:
In malingering or feigning disease:

In stealing or embezzling Government Property or Stores, or
in receiving the same knowing the same to have been
stolen:

In stealing any Money or Goods, the Property of a Comrade, of a Military Officer, or of any Military or Regimental Mess or Band, or in receiving any such Money or Goods knowing the same to have been stolen :

In making any false or fraudulent Accounts, Returns, Matters,
or Entries, or assisting or conniving at the same being made,
or producing the same as true, knowing the same to be
false or fraudulent:

In stealing or embezzling or fraudulently misapplying Public
Money intrusted to him:

Or in committing any other Offence of a felonious or fraudu-
lent Nature, to the Injury of or with Intent to injure any
Person, Civil or Military :

Or for any other disgraceful Conduct, being of a cruel, indecent, or unnatural Kind.

XXIX. Every Soldier who shall be found guilty by a Courtmartial of Desertion, of wilfully maiming or injuring himself or any other Soldier, whether at the Instance of such other Soldier or not, or of causing himself to be maimed or mutilated by any other Person, with Intent thereby to render himself or such other Soldier unfit for Service, of tampering with his Eyes with Intent thereby to render himself unfit for Service, such Finding having been confirmed, or of Felony in any Court of ordinary Criminal Jurisdiction in England or Ireland, or of any Crime or Offence in any Court of Criminal Judicature in any Part of the United Kingdom, or in any Dominion, Territory, Colony, Settlement, or Island belonging to or occupied by Her Majesty out of the United Kingdom, which would, if committed therein, amount to Felony, shall thereupon forfeit all Advantage as to additional

additional Pay, Good-conduct Pay, and to Pension on Discharge, which might have otherwise accrued from the Length of his former Service, in addition to any Punishment which such Court may award.

Confinement

mitment under

Debt;

or when Prisoner of War;

XXX. If any Non-commissioned Officer or Soldier, by reason Forfeiture of of his Imprisonment, whether under Sentence of a Court-martial Pay when in or of any other Court duly authorized to pass such Sentence, or under Senby reason of his Confinement for Debt, or by reason of his tence; Desertion, or, being an Apprentice, by reason of his being allowed to serve out his Time with his Master, shall have been absent from his Duty during any Portion of the Time limited by his Enlistment or Re-engagement or Prolongation of Service as herein-after provided, such Portion of his Time shall not be reckoned as a Part of the limited Service for which such Non-commissioned Officer or Soldier was enlisted or re-engaged, or for which his Term of Service may have been prolonged, and no Soldier shall be entitled to Pay, or to reckon Service towards Pay or Pension, when in Confinement under a Sentence of any Court, or during any absence from Duty by Commitment or or during AbConfinement under any Charge of which he shall be afterwards sence on Comconvicted, either by Court-martial or by any Court of ordinary a Charge, or Criminal Jurisdiction, or whilst in Arrest for Debt; and when in Arrest for any Soldier shall be absent as a Prisoner of War he shall not be entitled to Pay, or to reckon Service towards Pay or Pension for the Period of such Absence; but upon rejoining Her Majesty' Service due Inquiry shall be made by a Court-martial, and unless it shall be proved to the Satisfaction of such Court that the said Soldier was taken Prisoner through wilful Neglect of Duty on his Part, or that he had served with or under or in some Manner aided the Enemy, or that he had not returned as soon as possible to Her Majesty's Service, he may thereupon be recommended by such Court to receive either the whole of such Arrears of Pay or a Proportion thereof, and to reckon Service during his Absence; and any Soldier who shall be convicted of Desertion, or when conor of Absence without Leave, shall, in addition to any Punish- victed of Dement awarded by the Court, forfeit his Pay for the Day or Absence withDays during which he was in a State of Desertion, or during out Leave; his Absence without Leave; and if any Soldier shall absent or when absent himself without Leave for any Period not exceeding Five without Leave, Days, and shall not account for the same to the Satisfaction of Five Days. the Commanding Officer, or if any Soldier shall be guilty of any other Offence which the Commanding Officer may not think necessary to bring before a Court-martial, the Commanding Officer may, in addition to any minor Punishment he is authorized to award, order that such Soldier shall be imprisoned for any Period not exceeding One hundred and sixtyeight Hours, with or without Hard Labour, or with or without Solitary Confinement, as the said Commanding Officer may think fit, and such Soldier shall forfeit his Pay for any Day or Days on which he may be so imprisoned; and the said Commanding Officer may moreover order that, in addition to or

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instead

sertion, or of

not exceeding

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