chief commander; or shall strike or use any violence against his superior officer, being in the execution of his office, or shall disobey any lawful command of his superior officer; or shall desert his Majesty's service; all and every person and persons so offending in any of the matters before mentioned, whether such offence shall be committed within this realm, or in any other of his Majesty's dominions, or in foreign parts, upon land or upon the sea, shall suffer death, or such other punishment as by a courtmartial shall be awarded. II. And be it enacted, That nothing in this Act contained shall be construed to exempt any officer or soldier from being proceeded against by the ordinary course of law; and any commanding officer who shall neglect or refuse, when application is made to him for that purpose, to deliver over to the civil magistrate any officer or soldier accused of any capital crime, or of any violence or offence against the person, estate, or property of any of his Majesty's subjects, which is punishable by the known laws of the land, or shall wilfully neglect or refuse to assist the officers of justice in apprehending such offender, shall, upon conviction thereof in any prosecution in any of his Majesty's courts at Westminster, Dublin, or Edinburgh, be deemed to be ipso facto cashiered, and shall be utterly disabled to have or hold any civil or military office or employment within the United Kingdom of Great Britain and Ireland, or in his Majesty's service, and a certificate thereof shall be transmitted to the judge advocate in London; provided that no person, being acquitted or convicted of any capital crime, violence, or offence, by the civil magistrate, or by the verdict of a jury, shall be liable to be punished by a court-martial for the same otherwise than by cashiering. 10 Geo. IV. c. 6. The ordinary Course of Law not to be in terfered with. III. And be it enacted, That no person whatever (except an apprentice) Soldiers not to enlisted into his Majesty's service as a soldier shall be liable to be arrested be taken away or taken therefrom by reason of the warrant of any justice, on account of from the Serany breach of contract or engagement to serve or work for any employer; vice for Debts and no person enlisted as a soldier shall be liable to be taken out of his under 207. Majesty's service by any process or execution whatsoever, other than for some criminal matter, unless an affidavit shall be made by the plaintiff, or some one on his behalf, for which no fee shall be taken, before some judge of the court out of which such process or execution shall issue, or before some person authorized to take affidavits in such courts, of which affidavit a memorandum shall, without fee, be indorsed upon the back of such process, that the original debt for which the action has been brought or execution sued out amounts to the value of twenty pounds at least, over and above all costs of suit in the action or actions on which the same shall be grounded; and any judge of such court may examine into any conplaints made by a soldier, or by his superior officer, and by warrant under his hand discharge such soldier without fee, he being shown to be duly enlisted, and to have been arrested contrary to the intent of this Act, and shall award reasonable costs to such complainant, who shall have for the recovery thereof the like remedy as would have been applicable to the recovery of any costs which might have been awarded against the complainant in any judgment or execution as aforesaid; provided that any plaintiff, upon notice of the cause of action first given in writing to any soldier, or left at his last place of residence before such listing, may file a common appearance in any action to be brought for or upon account of any debt whatsoever, and proceed therein to judgment and outlawry, and have execution other than and against the body. IV. And be it enacted, That it shall be lawful for his Majesty to make articles of war for the better government of his Majesty's forces, which articles shall be judicially taken notice of by all judges, and in all courts whatsoever; and copies of the same, printed by the King's printer, shall, as soon as conveniently may be after the same shall have been made and established by his Majesty, be transmitted by his Majesty's secretary at war, signed with his own hand and name, to the judges of his Majesty's superior courts at Westminster, Dublin, and Edinburgh respectively, and also to the governors of his Majesty's dominions abroad; provided that no person within the United Kingdom of Great Britain and Ireland, or VOL. VIII. A A The King may make Articles of War in conformity with this Act. 10 Geo. IV. c. 6. Constitution of Courtsmartial. Composition of General Courts-martial. Powers of the British isles, shall be subject by such articles of war to any punishment extending to life or limb for any crime which is not expressed to be so punishable by this Act, nor in any manner or under any regulations which shall not accord with the provisions of this Act. V. And be it enacted, That his Majesty may from time to time grant a commission, under the royal sign manual, for the holding of general courts-martial within the United Kingdom of Great Britain and Ireland, in like manner as has been heretofore used; and that for bringing offenders against the articles of war to justice, it shall be lawful for his Majesty to erect and constitute courts-martial within the United Kingdom of Great Britain and Ireland, as well as to grant his royal commissions or warrants to the chief governor or governors of Ireland, the commander of the forces, or the person or persons commanding in chief, or commanding for the time being, any body of his Majesty's forces, as well within the United Kingdom of Great Britain and Ireland, and British isles, as in any of his Majesty's garrisons and dominions or elsewhere beyond the seas, for convening, as well as for authorizing any officer under their respective command, not below the degree of a field officer, to convene courts-martial, as occasion may require, for the trial of offences committed by any of their forces under their several command, whether the same shall have been committed before or after such officer shall have taken upon himself such command; and any person subject to this Act, who shall in any of his Majesty's dominions beyond the sea or elsewhere commit any of the offences for which he may be liable to be tried by courts-martial by virtue of this Act, may be tried and punished for the same in any other part of his Majesty's dominions where he may have come after the commission of the offence, as if the offence had been committed where such trial shall take place. VI. And be it enacted, That a general court-martial convened in any part of the King's dominions, (Bermuda, Africa, and New South Wales excepted,) or in the settlements of the East India company, shall, in order to have power to try a commissioned officer, or to pass sentence of death or transportation on any offender, consist of not less than thirteen commissioned officers, in which sentence of death nine at the least of the officers of any court consisting of thirteen shall concur; and if to try any person not of the rank of a commissioned officer, shall consist of not less than nine; and such general courts-martial convened in Bermuda, or out of the King's dominions, excepting Africa and New South Wales, shall have not less than seven, and in Africa and New South Wales not less than five commissioned officers; and in all cases where such general courtsmartial as aforesaid shall consist of more or fewer officers than thirteen, no judgment of death shall pass without the concurrence of two-thirds at least of the officers present; and the president shall in no case be the officer commanding in chief or governor of the garrison where the offender shall be tried, nor under the degree of a field officer, unless where a field officer cannot be had, nor in any case whatsoever under the degree of a captain. VII. And be it enacted, That a general court-martial may sentence any soldier to imprisonment, solitary or otherwise, and with or without hard labour, in any public prison or other place which such court may appoint, to corporal punishment, not extending to life and limb, and to forfeiture of all advantage as to additional pay or pension on discharge, for immorality, misbehaviour, or neglect of duty; and whensoever any general court-martial by which a deserter shall have been tried and convicted shall not think the offence deserving of capital punishment, such courtmartial may, instead of awarding a corporal punishment, adjudge the offender, according to the nature of the offence, to be transported as a felon for life or for a certain term of years, or may sentence him to general service as a soldier in any corps and in any country or place which his Majesty shall thereupon direct, or may, if such offender shall have enlisted for a limited term of years, sentence him to serve for life as a soldier in any corps which his Majesty shall please to direct; and the court may, in addition to any other punishment, sentence such offender to forfeit all c. 6. advantage as to increase of pay, or as to pension on discharge, which 10 Geo. IV. might otherwise have accrued to such offender; provided that in all cases where a capital punishment shall have been awarded by a general courtmartial, it shall be lawful for his Majesty, instead of causing such sentence to be carried into execution, to order the offender to be transported as a felon, either for life or for a certain term of years, as to his Majesty shall seem meet; and if any person transported as a felon, whether in pursuance of the original sentence of the court-martial, or in pursuance of such order from his Majesty, shall afterwards return or be found at large, without leave from his Majesty or other lawful authority, within any part of his Majesty's dominions abroad or at home, other than the place to which he shall have been transported, before the expiration of the term limited by such sentence or order, and shall be duly convicted thereof, shall suffer death as a felon. VIII. And be it enacted, That every paymaster or other commissioned officer of his Majesty's forces, or any person employed in the ordnance or commissariat department, or in any manner in the care or distribution of any money, provisions, forage, or stores, who shall embezzle or fraudulently misapply, or be concerned in or connive at the embezzlement, fraudulent misapplication, or damage of any money, provisions, forage, arms, clothing, ammunition, or other military stores belonging to his Majesty's forces or for his use, may be tried for the same by a general court-martial, which may adjudge any such offender to be transported as a felon for life or for any certain term of years, or to suffer such punishment of fine, imprisonment, dismissal from his Majesty's service, and incapacity of serving his 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 expence the loss and damage sustained, which shall have been ascertained by such court-martial; and the loss and damage so ascertained as aforesaid shall be a debt to his Majesty, and may be recovered in any of his Majesty's courts at Westminster or in Dublin, or the Court of Exchequer in Scotland, or in any court in his Majesty's colonies where the person sentenced by such court-martial shall be resident, after the said judgment shall be confirmed and made known. IX. And be it enacted, That a district or garrison court-martial shall consist of not less than nine commissioned officers, and may in like manner try offences, and sentence any non-commissioned officer or soldier to imprisonment, solitary or otherwise, and with or without hard labour, in any public prison or other place which such court may appoint, and also to corporal punishment (not extending to life or limb), and to forfeiture of all advantage as to additional pay, or to pension on discharge, in addition to any other punishment, for desertion, for purloining or selling government stores, for stealing from a comrade or from a military officer, for producing false or fraudulent accounts or returns whereby increased expence has been or would be brought upon the public for embezzlement or misapplication of money entrusted to him, for which offences such soldier may further be put under stoppages till the same be made good; or for such disgraceful conduct as shall induce the said court-martial to recommend such offender to be discharged as unfit for the service, from vice or misconduct, he having been once previously convicted of disgraceful conduct by a court-martial; and any district or garrison court-martial may deprive a soldier of the allowance in lieu of beer, or of additional pay, for any period not exceeding two years, for habitual drunkenness provided that in all the foregoing cases the sentences shall be confirmed by the general officer, governor, or senior officer in command of the district, garrison, island, or colony, except in cases of mutiny, when the sentence may be confirmed and carried into execution on the spot by the officer in the immediate command of the troops; and the president of every court-martial, other than a general court-martial, not being under the rank of captain, shall be appointed by the officer convening such courtmartial; provided that such court-martial shall not have power to pass any sentence of death or transportation. Trial by General Courtmartial for Embezzle. ment. Powers of District Courtsmartial. 10 Geo. IV. c. 6. Marking a Powers of a X. And be it enacted, That it shall be lawful for any court-martial empowered to try the crime of desertion, in addition to any other punishment, to direct that the offender be marked on the left side, two inches below the arm-pit, with the letter (D.), such letter not to be less than half 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. XI. And be it enacted, That it shall be lawful for any officer commanding any distinct detachment or portion of his Majesty's troops which may Court-martial. at any time be serving out of his Majesty's dominions, upon complaint made to him of any offence committed against the property or person of any inhabitant of or resident in any such countries, by any person serving with or belonging to his Majesty's armies, being under the immediate command of any such officer, to summon and cause to assemble a courtmartial, which shall consist of not less than three officers, for the purpose of trying any such person, notwithstanding any such officer shall not have received any warrant empowering him to assemble courts-martial; and every such court-martial shall have the same powers in regard to summoning and examining witnesses, trial of and sentence upon offenders, as are granted by this Act to general courts-martial; provided that no sentence of any such court-martial shall be executed until the general commanding in chief the army of which the division, brigade, detachment, or party to which any person so tried, convicted, and adjudged to suffer punishment shall belong, shall have approved and confirmed the Mixture of Officers upon Courts-martial. Power to administer Oaths. Proceedings of Courtsmartial. same. XII. And be it enacted, That in certain cases, where it may be necessary or expedient, officers of his Majesty's marine forces may sit upon courts-martial in conjunction with officers of his Majesty's land forces, and such courts-martial shall be regulated, to all intents and purposes, in like manner as if they were composed of officers of the land forces only, whether the commanding officer by whose orders such court-martial is assembled belongs to the land or to the marine forces; and officers of his Majesty's land forces, and officers in the service of the East India company, when serving together, may be associated in courts-martial, which shall, to all intents and purposes, be regulated in like manner as if consisting wholly of officers of his Majesty's land forces, or wholly of otficers in the service of the East India company; save and except that on the trial of any person in his Majesty's service, the provisions of this Act, and the oaths thereby prescribed, shall be applicable; and on the trial of any officer or soldier in the service of the East India company, the provisions of an Act passed in the fourth year of the reign of his Majesty, to amend the laws for punishing mutiny and desertion of officers and soldiers in the service of the East India company, and the oaths thereby prescribed, shall be applicable, notwithstanding any officer in the actual service of the said company may have a commission from his Majesty. XIII. And be it enacted, That all general and other courts-martial shall have power and authority and are hereby required to administer an oath to every witness or other person who shall be examined before such court, in any matter relating to any proceedings before the same. XIV. And be it enacted, That in all trials by courts-martial to be held by virtue of this Act every member assisting at such trial, before any proceedings be had thereupon, shall take the oath in the schedule to this Act annexed, before the judge advocate or his deputy, or person officiating as such, or, if a regimental court-martial, before the president of such court, who are hereby respectively authorized to administer the same, and in regimental courts-martial any sworn member shall administer the oath to the president; 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 asch, the oath in the schedule to this Act annexed; and no proceeding or trial shall be had upon any offence but between the hours of eight of the clock in the morning and four in the afternoon, except in cases which require an immediate example, and except in the East Indies, where such Class II.] or process Mutiny Act. proceedings or trial may be had between the hours of six in the morning and four in the afternoon: Provided also, that all witnesses duly summoned by the judge advocate, or the person officiating as such, shall, during their necessary attendance in such courts, and in going to and reissued turning from the same, be privileged from arrest, and shall, if unduly arrested, be discharged by the court out of which the writ by which such witness was arrested; or if such court be not sitting, then by any judge of the Court of King's Bench in London or in Dublin, or Court of Session in Scotland, or Courts of Law in the East or West Indies or elsewhere, according as the case shall require, upon its being made to appear to such court or judge, by affidavit in a summary way, that such witness was arrested in going to or returning from or attending upon such court-martial; and that all witnesses so duly summoned as aforesaid who shall not attend on such courts shall be liable to be attached in the Court of King's Bench in London or Dublin, or Court of Session, or sheriff depute or stewarts depute, or their respective substitutes, within their several shires and stewartries in Scotland, or courts of law in the East or West Indies, or in any of his Majesty's colonies, garrisons, or dominions in Europe or elsewhere respectively, upon complaint made, in like manner as if such witness had neglected to attend in a trial in any proceeding in that court. 10 Geo. IV. c. 6. XV. And be it enacted, That no officer or soldier, being acquitted or Appeal. convicted of any offence, shall be liable to be tried a second time by the same or any other court-martial for the same offence, unless in the case of an appeal from a regimental to a general court-martial; and that no finding, opinion, or sentence given by any court-martial, and signed by the president thereof, shall be liable to be revised more than once. XVI. And be it enacted, That every judge advocate, or person officiating as such at a general court-martial, is required to transmit, with as much expedition as the opportunity of time and distance of place can admit, the original proceedings and sentence thereof to the judge advocate general in London, in whose office they shall be carefully preserved; and the person tried by such court, or any person in his behalf, shall be entitled, on demand, to a copy of such sentence and proceedings (paying reasonably for the same), whether such sentence shall be approved or not, at any time not sooner than six months if the trial took place at Gibraltar or in the Mediterranean, three months if at any other station within Europe, and twelve months if elsewhere in his Majesty's dominions: Provided that such demand as aforesaid shall be made, and any proceedings thereon had, within the space of three years from the date of the approval or other final decision upon the proceedings before such general court-martial. XVII. And be it enacted, That whenever it is intended that a person convicted of desertion shall be transported, either in pursuance of the original sentence of a court-martial or of his Majesty's gracious order of commutation as aforesaid, the sentence of the court-martial, together with his Majesty's pleasure upon the same, shall be notified in writing by the officer commanding in chief his Majesty's forces in Great Britain and Ireland, or, in the temporary absence of such officer, by the adjutant general, to any judge of the King's Bench, Common Pleas, or Exchequer in England or Ireland, and thereupon such judge shall make an order for the transportation of such offender in conformity with such notification, and shall also do all such other Acts consequent upon the same as such judge is authorized to do by any Act in force touching the transportation of other offenders; and the persons 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 the same, as if the order had been made under the authority of any such Act as aforesaid; and every person so ordered to be transported shall be subject to every provision made by law and in force concerning persons convicted of any crime and under Report of tial. Transportation from the United Kingdom. |