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Commutation of Punishment to Solitary Confinement shall in no Case exceed the Period herein-after prescribed.
XXXI. Any General Court-martial may, in addition to any Forfeiture of other Punishment which it may be competent to award, sentence Pay and Penany Offender to Forfeiture of all Advantage as to additional tence of Pay, Good-conduct Pay, and to Pension on Discharge, which Court-martial. 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, In wilfully maiming or injuring himself or any other Marine,
whether at the Instance of such other Marine or not, or of
Marine unfit for Service:
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
of a Marine Officer, or of any Marine Mess or Band, or in
have been stolen:
or Entries, or assisting or conniving at the same being
be false or fraudulent:
Money intrusted to him:
Nature, to the Injury of, or with Intent to injure, any
Person, Civil, Marine, or Military : Or for any other
disgraceful Conduct, being of a cruel, indecent, or unnatural Kind. XXXII. Every Marine who shall be found guilty by a Forfeiture of Court-martial of Desertion, of wilfully maiming or injuring Pay on Conhimself or any other Marine, whether at the Instance of such sertion or other Marine or not, or of causing himself to be maimed or Felony. mutilated by any other Person, with Intent thereby to render himself or such other Marine 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 Pay, Goodconduct Pay, and to Pension on Discharge, which might bave otherwise accrued from the Length of his former Service, in
addition to any Punishment which such Court may award. Forfeiture of l'ay when in
XXXIII. If any Non-commissioned Officer or Marine, by Confinement; reason of his Imprisonment, whether under Sentence of a Court
martial or of any other Court duly authorized to pass such Sentence, or by reason of his Confinement for Debt, or by reason of his Desertion, or, being an Apprentice, by reason of his being allowed to serve ont 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 proviled, such Portion of his Time shall not be reckoned as a Part of the limitel Service for which such Non-commissioned Officer or Marine was enlisted or re-engaged,
or for which his Time of Service may have been prolonged; or during Ab- and no Marine shall be entitled to Pay, or to reckon Service sence on Com- towards Pay or Pension, when in Confinement under a Sentence m Charte dein of any Court, or during any Absence from Duty by Commitment arrest for Debt; or Confinement under any Charge of which he shall be afterwards
convicted, either by Court-martial or by any Court of ordinary or when Pri Criminal Jurisdiction, or whilst in arrest for Debt; and when soner of War ; any Marine 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's Service duc Inquiry shall be made by a Court-martial, and unless it shall be proved to the Satisfaction of such Court that the said Marine was taken Prisoner through wilful Neglect of Duty on lis Part, or that he had served with or under, or in some Manner aided, the Enemy, or that he had not returne:l as soon as possible to ller 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 or when con Absence; and any Marine who shall be convicted of Desertion, victed of De
orof Absence without Leave, shall, in addition to any Punishment sertion or Absence without awarded by the Court, forfeit his Pay for the Day or Days during Leave; which he was in a State of Desertion, or during his Absence or when absent without Leave; and if any Marine shall absent himself without without leave Leave for any Period not exceeding Five Days, and shall not not exceeding Five Days.
account for the same to the Satisfaction of the Commanding Officer, or if any Marine 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 Marine shall be imprisoned for any Period not exceeding One hundred and sixty-eight Hours, with or without Hard Labour, or with or without Solitary Confinement, as the said
Commanding Oficer may think fit, and such Marine 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 instead of such Imprisonment and Forfeiture, or any other Punishment which he has Authority to inflict, any Marine who shall have so absented himself as aforesaid shall forfeit his Pay for the Day or Days on which he shall have so absented himself; and, in pursuance of any such Order as aforesaid, the Pay of the Marine shall be accordingly forfeited: Provided always, that such Marine shall not be liable to be afterwards tried by a Court-martial for any Offence for which he shall have been so punished, ordered to suffer Imprisonment, Punishment, or Forfeiture as aforesaid : Provided also, that any Marine who shall be so ordered to suffer Imprisonment or Forfeiture of lay shall, if he so request, have a Right to be tried by a Court-martial for his Offence, instead of submitting to such Imprisonment or Forfeiture: Provided also, that when any Sentence shall have been wholly remitted, and the Offence pardoned by competent Authority, the Marine shall be entitled to receive his Pay for the Days he may have been in Confinement or Arrest previous to his Trial, and until such Decision has been pronounced : Provided also, that it shall be lawful for the said Lord High Admiral or the said Commissioners to order or withhold the Payment of the whole or any Part of the Pay of any Officer or Marine during the Period of Absence by any of the Causes aforesaid.
XXXIV. Any General, Garrison, or District Court-martial Forfeiture of before wbich any Marine shall be convicted of habitual Drunken- Pay and Liquor ness shall deprive such Marine of such Portion of his Pay, for Trunkenness. such Period not exceeding Two Years, and under such Restrictions and Regulations, as may accord with the Articles of War to be made in pursuance of this Act, subject to Restoration on subsequent good Conduct; and every Divisional or Detachment Court-martial shall deprivea Marine convicted of a Charge of habitual Drunkenness of such Portion of his additional or regular Pay for such Period not exceeding Six Months, and under such Restrictions and Regulations as may accord with the said Articles of War, subject to Restoration on subsequent good Conduct; and in addition to such Deprivation of Pay the Court may, if it shall think fit, sentence such Offender to any other Punishment which the Court may be competent to award : Provided that a Marine so sentenced to the Forfeiture of Pay who shall be quartered or removed to a Station where Liquor forms a Part of his Ration, and is issued in Kind, shall be deprived of his Liquor in Kind, instead of being deprived of One Penny of his daily Pay, for so long a Time as he shall remain in such Station, and such Sentence of Forfeiture of Pay shall remain in force.
XXXV. A General, District, or (arrison Court-martial may Forfeiture of sentence any Marine for being drunk on Duty, and any Court- Pay for Drunmartial may sentence any Marine for being drunk when on or
kenness on for
for Duty or on Parade, or on the Line of March, to be deprived
XXXVI. In addition to any other Punishment which the
the Instances of disgraceful Conduct herein specified :
Injury to, any Property whatsoever, occasioned by his
wilful or negligent Misconduct: Any Loss, Disposal of, or Destruction of, or Damage or
Injury to, his Arms, Clothing, Instruments, Equipments, Accoutrements, or Necessaries, or any extra Article of Clothing or Equipment that he may have been put in possession of and ordered to wear on the Recommendation of the Surgeon for the Benefit of his Health, or making away with or pawning any Medal for Service or for general good Conduct which may have been granted to him by Order of Her Majesty or by Order of the East India Company, or any Loss, Disposal of, or Destruction of, or Damage or Injury to, the Arms, Clothing, Instruments, Equipments, Accoutrements, or Necessaries of any Officer or Marine,
occasioned by his wilful or negligent Misconduct : Any Expense necessarily incurred by his Drunkenness or other
Misconduct; Provided always, that, except in the Case of the Loss, Disposal of, or Destruction of, or Damage or Injury to, Accoutrements and Necessaries, in which Case the Court may by its Sentence direct that the said Stoppages shall continue till the Cost of replacing or repairing the same be made good, the’Amount of any Loss, Disposal, Destruction, Damage or Injury, or Expense, shall be ascertained by Evidence, and the Offender shall be placed under Stoppages for such an Amount only as shall be proved to the Satisfaction of the Court: Provided also, that after satisfying the Charges for his Messing and Washing, so much only of the Pay of the Marine may be stopped and applied as shall leave him a Residue at the least of One Penny a Day.
XXXVII. Whenever any Marine shall have been convicted of any such disgraceful Conduct herein-before described, or of Desertion, and the Court in respect thereof shall have made the Forfeiture of all Claim to Pension on Discharge a Part of the Sentence passed on such Marine, such Court may further recommend that he be discharged with Ignominy from Her Majesty's Service.
XXXVIII. On the first and on every subsequent Conviction of Desertion the Court-martial, after awarding such Punishment as it may think fit, may order the Offender to be marked on the
aftered to the Satipages for such and the Offender Expen
as the only of the the Charion of the
ce with Ignominy.
Left Side, Two Inches below the Armpit, with the Letter D, such Letter not to be less than an Inch long, and to be marked upon the Skin with some Ink or Gunpowder or other Preparation, so as to be visible and conspicuous, and not liable to be obliterated.
XXXIX. A General or District or Garrison Court-martial Power of Immay sentence any Marine to Imprisonment, with or without prisonment by Hard Labour, and may also direct that such Offender shall of Courtsbe kept in Solitary Confinement for any Portion or Portions martial. of such Imprisonment not exceeding Fourteen Days at a Time, nor Eighty-four Days in any One Year, with Intervals between the Periods of Solitary Confinement of not less Duration than such Periods; and when the Imprisonment awarded shall extend beyond Three Months, the Court-martial shall imperatively order that the Solitary Confinement shall not exceed Seven Days in any One Month of the whole Imprisonment awarded, with Intervals between the Periods of Solitary Confinement of not less Duration than such Periods; and any Divisional or Detachment Court-martial may sentence any Marine to Imprisonment, with or without Hard Labour, for any Period not exceeding Forty-two Days, and may also direct that such Marine may be kept in Solitary Confinement for any Portion or Portions of such Imprisonment, not exceeding Fourteen Days at a Time, with an Interval between them of not less Duration than such Periods of Solitary Confinement: Provided always, that when any Court-martial, whether General, Garrison, or District, or Divisional or Detachment, shall direct that the Imprisonment shall be solitary only, the Period shall in no Casc exceed Fourteen Days.
XL. Whenever Sentence shall be passed by a Court-martial Imprisonment on an Offender already under Sentence of a Court-martial for of Offenders Offence of which he has been before convicted, it shall be Sentence for
already under lawful for the Court to award Imprisonment for the Offence for previous which he is under Trial, upon Conviction thereof, to commence Offence. at the Expiration of the Imprisonment to which such Offender shall have been previously sentenced ; and where such Offender shall be already under Sentence, either of Imprisonment, of Penal Servitude, or Transportation, the Court, if empowered to pass Sentence of Penal Servitude or of Transportation, may award such Sentence for the Offence for which he is under Trial to commence at the Expiration of the Imprisonment or Penal Servitude or Transportation to which such Offender shall have been previously sentenced, although the aggregate of the Terms of Imprisonment, Penal Servitude,or Transportation respectively may exceed the Term for which either of those Punishments would be otherwise awarded.
XLI. Save as herein specially provided, every Term of Penal Term and Place Servitude, Transportation, or Imprisonment under the Sentence of Imprison
ment. of a Court-martial, whether original or revised, shall be reckoned as commencing on the Day on which the original Sentence and Proceedings shall have been signed by the President; and the Place of Imprisonment under the Sentences of Courts