14 Vic. c. 19. courts-martial shall have the like powers, and proceed in like Island Act. manner, as regimental courts-martial. 1851.. Commis sioned offi cers not to nor sentence but by a general: court-mar tial, confirmed by in-chief. Art. 26. No commissioned officer shall be liable to degradation, nor any person to suffer death, but by sentence of a general be degraded, court-martial, and no sentence, either of degradation of a comof death to missioned officer, or of death on any person, shall take effect, or be passed, be carried into execution, until confirmed by, and under the warrant of, the commander-in-chief for the time being; but in case of any sentence of death, the president of the court-martial commander is by warrant to have the body of the person under sentence detained in safe and secure custody, until the determination of the commander-in-chief shall be known, and take effect. Every other sentence, but of degradation, as aforesaid, or death, is to be executed, and if of a fine or pecuniary penalty, to be enforced by imprisonment, under warrant of the president of the courtmartial pronouncing the same; and in cases of appeal the sentence of the general court-martial (whether merely confirming that of the regimental court, or otherwise,) is to be executed and enforced under the warrant of the president of the general court-martial. Oath to judge-advocate. Evidence, and conse perjury. must attend when re quired. Art. 27. Upon every court-martial, after the oath shall have been taken by the members, the president shall administer an oath to the judge-advocate, or 'deputy judge-advocate, or person officiating as such (to be appointed by the president, where there shall not be a judge-advocate or deputy judge-advocate atattending,) that he will not, on 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, in a due course of law. Art. 28. All courts-martial shall have power to administer an quences of oath to every witness, that the evidence to be given by him shall be the truth, the whole truth, and nothing but the truth. Making false oath, or suborning or procuring the same, shall be proseWitnesses cuted at law, and punished as perjury. Every person who shall be required to attend as a witness at any court-martial, by writing under the hand of any judge-advocate, deputy judgeadvocate, or person officiating as such, under any order for a court-martial, shall attend, take such oath as aforesaid, and give his evidence, under pain of suffering such punishment, by fine not exceeding £50, or imprisonment not exceeding twentyeight days, as either a general or a regimental court-martial shall award. Disrespect to courts. Art. 29. Any person obstructing or interrupting the proceedings of any court-martial, or behaving disrespectfully or intemperately in anywise in or before any court-martial, shall suffer such punishment as such court, or any court-martial to be at any time after held for such purpose, shall award, not extending 14 Vic. c. 19. to life. Island Act. 1851, ers to be against. Art. 30. Any officer, non-commissioned officer, or soldier of- How offendfending against this law, may, if an officer, be put under arrest, proceeded either ordinary or strict, as may seem fit, or if a non-commissioned officer, or soldier, be imprisoned, in order to trial by a courtmartial; and a court-martial shall be held for the purpose, within eight days from the time of arrest or imprisonment, or as soon after as possible. Any officer, not instantly submitting to an arrest, or not conforming to the terms of his arrest, is to be degraded by the sentence of a general court-martial; and any officer, non-commissioned officer, or soldier, who shall fail to attend a court-martial to be tried, upon notice from a judgeadvocate, deputy judge-advocate, or person officiating as such, appointed by any order for a court-martial, or from a marshal of a regiment, shall be proceeded against as if present, and, moreover, shall suffer such other punishment for his failure to attend, by fine, as the court-martial shall award. marshal in refusing to assist him, Art. 31. Any person who shall hinder, obstruct, or interrupt Impeding a a marshal, or any person assisting him, in the execution of his his office, or office, or any officer or soldier in apprehending any offender, or ref shall refuse to assist, or shall not assist (when required), a punishable. marshal in the execution of his office, or any officer or soldier in apprehending any offender, shall suffer such punishment as a court-martial general or regimental shall award not extending to life. against any within Art. 32. Any officer or non-commissioned officer imprisoning, Charge or causing to be imprisoned, any offender in any guard house, prisoner to gaol, or otherwise, shall within twenty-four hours, give in to be lodged the officer or gaoler, or other person having the offender in twenty-four charge, the cause of imprisonment, without which the prisoner is to be discharged out of custody. hours. to receive under Art. 33. Any person having charge of a gaol or guard-house Guards are who shall not receive, or (save as mentioned in the immediately prisoners, preceding article) detain in custody, any prisoner or offender, penalty. sent, delivered, or conveyed to him for custody, by authority, shall suffer such punishment as either a general or regimental court-martial shall award, not extending to life. members Art. 34. No person shall be adjudged to death by a court- Twelve martial, unless twelve of the numbers shall concur in such must con sentence. cur in sentence of death. Commis Art. 35. Any commissioned officer, who shall behave in a scanda- sioned offilous, infamous, or improper manner, such as is unbecoming the character of an officer or gentleman shall be degraded, or suffer improper degraded for behaviour. 14 VIC. c. 19. punishment as a general court-martial shall award, not extending to life. British stat. 1851. not specified articles, to Crimes, dis- Art. 36. All crimes, not capital, and all disorders and neglects, orders, &c., which officers, non-commissioned officers, or soldiers, may be in these guilty of, to the prejudice of good order and military discipline, be punished and which are not specified in these rules and articles of war, are to be taken cognizance of either by a regimental or a general court-martial, and are to be adjudged and punished by fine not exceeding one hundred pounds, or imprisonment not exceeding twenty-eight days. by a general or regimental court-mar tial. Against tyranny and and frivolous com plaints of Art. 37. Any officer or non-commissioned officer, who shall oppression wilfully or wantonly oppress or maltreat any inferior officer, in superiors, non-commissioned officer, or soldier, shall suffer such punishment by fine or imprisonment, as a general or regimental courtmartial shall award; but if any complaint, made under this, or any other article, shall appear to the court to be groundless, frivolous, vexatious, or wanton, the complainant shall suffer punishment by fine or imprisonment, or both as the court trying the complaint shall award. inferiors. No corporal punishment to be in flicted but imprison ment or death. Misconduct of troopers be punished. Art. 38. No corporal punishment shall be awarded under this act, or any other act respecting the militia, but imprisonment or death; and, in all cases of imprisonment, the manner of imprisonment is to be directed by the court awarding the punishment. Art. 39. Any trooper or light horseman, who, during martial in regard to law, or upon any sudden emergency or alarm, shall refuse or packets to neglect to carry any letter, packet, or despatch on service, or shall be guilty of any delay in carrying, or shall destroy, suppress, or wilfully not deliver, or shall lose, through carelessness, or shall open, or examine, or attempt to examine or discover the contents of, or wilfully suffer to be opened or examined into, any such packet, letter, or despatch, or shall be guilty of any other default or misconduct whatsoever in relation to any such letter, packet, or despatch, shall suffer such punishment as either a general or regimental court-martial shall award not extending to life. Regulations for horse guards. Art. 40. Every colonel or commanding officer of a regiment of horse is hereby authorized, from time to time, as there may seem to be occasion, to station the officers, non-commissioned officers, and privates of his regiment, or any of them, at any such place or places, within the district of the regiment, as may be most convenient for performing despatch business or other public service, notwithstanding the appointing and changing such stations may occasion a march or marches from one parish to another; and any officer, non commissioned officer, or trooper, who shall not promptly Island Act. 1851. Provisoes. Order for relieving obey any order for taking or relieving any such station, shall 14 VIC. c. 19. suffer such punishment as either a regimental or general courtmartial shall award, not extending to life: Provided, That no order for taking or relieving any such station shall defeat, or contravene the operation of the article next to follow: And also taking or Provided, That all stations for despatch business shall be stations not appointed by the senior officer for the time being, whether of to contra horse, or foot, in each parish, as to him shall seem most conveni- article; and ent for the intended service, and if such senior officer shall be of despatch the foot, he shall, from time to time, give orders in that be ap respect to the commanding officer of the horse in the parish. vene next stations for business to pointed by senior officer. officer of foot to Art. 41. For avoiding doubts, it is declared, that for every The senior purpose of actual service, and upon every occasion of alarm, the horse or senior officer for the time being, whether of horse or foot, in any command. parish, is to command, and to be obeyed by all inferior officers, and men, both of horse and foot, in the parish: Provided Proviso. expressly, That sending a field return, or muster-roll or any field return despatch relating to a battalion or regiment of foot, other than or musteran order for turning out in case of an alarm or sudden exigency, is not to be considered as an actual service within the meaning service. of this article. Sending roll, &c., not considered as actual exhibiting failing to Art. 42. Whoever shall exhibit charges against another, for the Against purpose of prosecuting him before a court-martial, and shall fail charges and to appear thereat, shall suffer such punishment as the courtmartial shall award, and the person against whom the articles prosecute. were exhibited shall be by such court discharged. appear to frivolous prosecu Art. 43. Whoever shall cause another to be prosecuted before Against a court-martial upon a complaint, which such court shall deem to be groundless, vexatious, or frivolous, shall be liable to be tions. punished by such court, by fine not exceeding fifty pounds, or by imprisonment not exceeding twenty-eight days. the com chief not Art. 44. Nothing in this act contained shall be construed to Power of alter or abridge the power of the commander-in-chief of this mander-inisland for the time being; but in all things he may act as fully abridged by and freely as captain-general and commander-in-chief to all this act. intents and purposes, as if this act had not been made. cate to pro Art. 45. A judge-advocate, or deputy judge-advocate, or Judge-advoother person appointed for the purpose, by any order for a secute court-martial, or by the president of any court-martial, shall offenders. prosecute for all offences against this act. of sen Sec. 2. In no case whatever the sentence of any regimental Limitation court-martial, held for the trial of any offence or offences com- tences. mitted under this act, shall exceed a fine of fifty pounds, or one month's imprisonment. 14 VIC. c. 19. Island Act. 1851. Commissioned offi cers to be tried by general courts-mar tial. Sec. 3. Notwithstanding any thing herein contained, it is the intent and meaning hereof, that a commissioned officer shall not in any case, be tried by any other than a general court-martial. Sec. 6. This act in force from the 1st of May 1851 to the 31st of December 1851, and no longer: Provided always, That no person shall be tried for any offence provided against by this act, except when martial law shall be declared, or in times of actual invasion, insurrection, or rebellion, or when ordered out under a certain act, passed in the forty-eighth year of his late majesty King George III. to authorize and empower the commander-inchief for the time being to cause parties to be raised and fitted out for suppressing any rebellion, and for other purposes. (a) (a) This act, 48 Geo. III. c. 4, repealed by General Repealing Act, 6 Vic. c. 35. 1 |