Marine Mutiny.

the Hands of any Two or more of the said Commissioners, for the the Punishbetter Government of Her Majesty's Royal Marine Forces, and ment of for the Punishment of Mutiny, Desertion, Immorality, Breach of Mutiny, DeDiscipline, Misbehaviour, Neglect of Duty, and any other Offence sertion, &c. or Misconduct of which they shall be guilty, in any Place on shore or afloat in or out of Her Majesty's Dominions, or at any Time when or under any Circumstances in which they shall not be amenable to the Laws for the Government of Her Majesty's Ships, Vessels, and Forces by Sea, which Rules and Articles shall be judicially taken notice of by all Judges and in all Courts whatsoever; and Copies of the same shall, as soon as conveniently may be after the same shall have been made, be transmitted by the Secretary of the Admiralty for the Time being (certified under his Hand) to the Judges of Her Majesty's Superior Courts at Westminster, Dublin, and Edinburgh respectively, and also to the Governors of Her Majesty's Dominions abroad; provided that no Person within the United Kingdom of Great Britain and Ireland or the British Isles shall by such Articles be subject to be transported as a Felon, or be sentenced to Penal Servitude, or to suffer any Punishment extending to Life or Limb, except for Crimes which are by this Act expressly made liable to such Transportation or Penal Servitude, or to such Punishment as aforesaid, or shall be subject, with reference to any Crimes made punishable by this Act, to be punished in any Manner which shall not accord with the Provisions of this Act.

while on board

VI. All of Her Majesty's Royal Marine Forces shall, during Marines to be the Time they shall be respectively borne on the Books of any subject to the of Her Majesty's Ships or Vessels in Commission, either as Part Discipline of of the Complement or as Supernumeraries, or otherwise, be sub- the Navy, ject and liable in every respect to the Laws for the Government Ship. of Her Majesty's Forces by Sea, and to the Rules and Discipline of the Royal Navy, and shall and may be proceeded against and punished for Offences committed by them whilst so borne, in the same Manner as the Officers and Seamen employed in the Royal Navy may be tried or punished; except when and so long as any Marine Officers or Marines shall be landed from any of Her Majesty's Ships, and be employed in Military Operations on shore, and when on such Occasions the senior Naval Officer present shall deem it expedient to issue an Order declaring that such Marine Officers and Marines shall during such Employment on shore be subject to the Regulations of this Act, in which Cases, and while such Order shall remain in force, they shall be subject to such Regulations, and be tried and punished under this Act accordingly, for any Offences to be committed by them while so on shore: Provided always, that if any Marine Officer or Marine so borne on the Books of any of Her Majesty's Ships or otherwise shall commit any Offence for which he shall not be amenable to a Naval Court-martial, he may be tried and punished for the same in the same Manner as other Officers or Marines may be tried and punished for the like Offences under the Authority of this Act; or if the Commissioners for executing the Office of Lord High Admiral aforesaid so direct, he may be so tried and punished for

Marine Mutiny.

As to General

any Offence committed by him on shore, whether he be or be not amenable to a Naval Court-martial for the same.

VIII. A general Court-martial convened in St. Helena, the Courts-martial. Settlements on the Western Coast of Africa, Honduras, New Zealand, the Australian Colonies, Hong Kong, Prince of Wales Island, Singapore, and Malacca, and the Settlements on the Coast of China, shall consist of not less than Five Commissioned Officers; if convened in Jamaica, the Windward and Leeward Islands, British Guiana, Newfoundland, Bermuda, the Bahamas, the Cape of Good Hope or other Settlements in Southern Africa, or in any Part out of the Queen's Dominions, excepting the Ionian Islands and the Parts before mentioned, it shall consist of not less than Seven; and if convened in any other Part of the Queen's Dominions, or in the Ionian Islands, or in the Settlements of the East India Company, it shall consist of not less than Thirteen Commissioned Officers; and shall have Power to sentence any Officer or Soldier to suffer Death, Transportation, Penal Servitude, or any other Punishment which shall accord with the Provisions of this Act.

District or
Garrison

IX. A District or Garrison Court-martial shall consist of not less than Seven Commissioned Officers, except in Bermuda, the Courts-martial. Bahamas, the Cape of Good Hope or other Settlements in Southern Africa, Saint Helena, Jamaica, Honduras, Newfoundland, New Zealand, the Australian Colonies, the Windward and Leeward Islands, British Guiana, Hong Kong, and the Settlements on the Coast of China, where it may consist of not less than Five Commissioned Officers, and in the Settlements on the Western Coast of Africa, where it may consist of not less than Three Commissioned Officers; and such Court martial shall have the same Power as a General Court-martial to sentence any Marine to such Punishments as shall accord with the Provisions of this Act; provided that the Sentence of a District or Garrison Court-martial shall be confirmed by the General Officer, Governor, or Senior Officer in Command of the District, Garrison, Island, or Colony, and that such Court-martial shall not have Power to try a Commissioned Officer, nor to pass any Sentence of Death or Transportation or Penal Servitude.

Commutation of Death for

or other

Punishment.

XXIII. Whensoever any General Court-martial by which any Marine shall have been tried and convicted of any Offence punishTransportation, able with Death shall not think the Offence deserving of Capital Punishment, such Court-martial may adjudge the Offender, according to the Degree of the Offence, to be transported as a Felon for Life or for any Term of Years, not less than Fourteen Years, or may sentence him to Penal Servitude for any Term not less than Four Years, or to general Service as a Marine or as a Soldier in any Corps and in any Country or Place which Her 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 Marine or as a Soldier in any Corps which Her Majesty shall please to direct: Provided always, that in all Cases where a Capital Punishment shall have been awarded by a General Courtmartial or by a Detachment General Court-martial it shall be

lawful

Marine Mutiny.

lawful for Her Majesty, or, if in the East Indies, for the Officer commanding in chief the Forces in India, or if out of Her Majesty's Dominions (the Ionian Islands excepted) for the Officer commanding in chief Her Majesty's Forces there serving, 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 any Term of Years not less than Fourteen, or to be kept to Penal Servitude for any Term not less than Four Years, or to suffer such Term of Imprisonment, either with or without Hard Labour, as shall seem meet to Her Majesty, or, if in the East Indies, or out of Her Majesty's Dominions (the Ionian Islands excepted), to the Officers commanding as aforesaid.

Servitude.

XXIV. Every Officer and other Person employed or in any Embezzlement way concerned in the Care or Distribution of any Money, Pro- punishable by visions, Forage, or Stores belonging to Her Majesty's Royal Transportation Marine Forces or for their Use, who shall embezzle or fraudu- or Penal lently misapply, wilfully damage, steal, or be concerned in or connive at the Embezzlement, fraudulent Misapplication, wilful Damage, or Theft of any Money, Provisions, Forage, Arms, Clothing, Ammunition, or other Stores belonging to any of Her Majesty's Forces or for Her Majesty's 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 Term of Years not less than Fourteen, or to Penal Servitude not less than Four Years, or to suffer such Punishment of 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 be transported as a Felon or to be kept to Penal Servitude, when such Sentence shall be duly confirmed, shall thereupon cease to belong to Her Majesty's Service, and for ever be incapable of serving Her Majesty in any Military Capacity.

XXV. Whenever Her Majesty shall intend that any Sentence Transportation of Transportation or Penal Servitude heretofore or hereafter to of Offenders. be passed upon any Offender by any Court-martial shall be carried into execution for the Term specified in such Sentence, or for any shorter Term, or shall be graciously pleased to commute as aforesaid to Transportation or Penal Servitude Sentence of Death which shall have been passed by any such Court, such Sentence, together with

C 4

Marine Mutiny.

Sentence to be notified to a

Judge, who will

make Order accordingly.

with Her Majesty's Pleasure upon the same, shall be notified in Writing by the Lord High Admiral, or by any Two or more of the Commissioners for executing the said Oflice of Lord High Admiral for the Time being, to any Justice of the Queen's Bench, Common Pleas, or Baron of the Exchequer, and thereupon such Justice or Baron shall make an Order for the Transportation or Penal Servitude of such Offender upon the Terms and for the Time which shall be specified in such Notification, and shall also do all such other Acts consequent upon such Notification as any such Justice or Baron is authorized to make or do by any Statute or Statutes in force at the Time of making any such Orders in relation to Transportation or Penal Servitude of Offenders; and such Order, and other Acts to be so made and done as aforesaid, shall be obeyed and executed by such Person in whose Custody such Offender shall at that Time be, and by all other Persons whom it may concern, and shall be as effectual, and have all the same Consequences, as any Order made under the Authority of any Statute with respect to any Offender in such Statute mentioned; and every Sheriff, Gaoler, Keeper, Governor, or Superintendent whom it may concern, and all Constables and other Persons, shall be bound to obey the aforesaid Order and Orders, be assistant in the Execution thereof, and be liable to the same Punishment for Disobedience or interrupting the Execution of such Order, as they would be if the same had been made under the Authority of any such Act of Parliament; and every Person so ordered to be transported, or to be kept to Penal Servitude, shall be subject respectively to all and every the Penalties and Provisions made by Law and in force concerning Persons convicted of any Crime and sentenced to be transported, or to be kept to Penal Servitude, or receiving Her Majesty's Pardon on Condition of Transportation or Penal Servitude; and from the Time when such Order of Transportation or Penal Servitude shall be made every Law and Statute in force touching the Escape of Felons, or their afterwards returning or their being at large without Leave, shall apply to such Offender, and to all Persons aiding, abetting, contriving, or assisting in any Escape or intended Escape, or the returning without Leave, of any such Offender; and the Judge who shall make any Order of Transportation or Penal Servitude 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 which he was convicted, the Sentence, and the Conditions on which the Order of Transportation or Penal Servitude was given; which Certificate shall be sufficient Proof of the Conviction and of the Sentence of such Offender, and also of the Terms in which such Order for his Transportation

Marine Mutiny.

Transportation or Penal Servitude was given, in any Court and in any Proceeding wherein it may be necessary to inquire into

the same.

XXVI. Whenever any Sentence of Transportation or Penal In the Servitude heretofore or hereafter passed upon any Offender by Colonies. 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 Transportation or Penal Servitude, 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 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 Transportation or Penal Servitude or intermediate Custody of such Offender in like Manner as for the Transportation or Penal Servitude 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 Transportation or Penal Servitude 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 Transportation or Penal Servitude 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 Imprisonment in any Case where a Sentence of Transportation or Penal Servi- for Two Years, tude shall have been awarded by a General Court-martial or with or without Detachment General Court-martial, it shall be lawful for Her Majesty, or, if in the East Indies, for the Officer commanding in Confinement, chief the Forces in India, instead of causing such Sentence to be may be substicarried into execution, to order that the Offender be imprisoned tuted. for a Term not exceeding Two Years, either with or without Hard Labour and Solitary Confinement not exceeding the Period hereinafter prescribed.

Hard Labour and Solitary

Drunkenness

XXXV. Any Court-martial may sentence any Marine for being Forfeiture drunk on Duty under Arms to be deprived of a Penny a Day of of Pay for his Pay for any Period not exceeding Sixty Days, and for being drunk when on any Duty not under Arms or for Duty or on Parade or on the Line of March, to be deprived of a Penny a Day of his Pay

on Duty.