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President of
Court-martial,

Proceedings at
Trial.

such Marine or Marines in conformity with the Provisions of this Act and the Articles of War to be made in pursuance hereof; but the Sentence which may be awarded by any such Court which may be convened or assembled by any such Superior Officer shall not be carried into effect until such Superior Officer shall have confirmed the same.

XV. The President of every Court-martial shall be appointed by the Authority convening such Courts, and shall in no Case be the Officer commanding in chief, or Governor of the Garrison where the Offender shall be tried, nor the Commanding Officer of the Division to which the Prisoner belongs, nor, in the Case of a General Court-martial, 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, save in the Case of a Detachment General Court-martial holden out of Her Majesty's Dominions, or of a Divisional or Detachment Court-martial holden on the Line of March, or on board a Transport Ship, Convict Ship, Merchant Vessel, or Troop Ship not in Commission, or on any Foreign Station where a Captain cannot be had.

XVI. In all Trials by Court-martial, as soon as the President and other Officers appointed to serve thereon shall be assembled, their Names shall be read over in the Hearing of the Prisoner, who shall thereupon be asked if he objects to being tried by the President or by any of such Officers, and if the Prisoner shall then object to the President such Objection shall be referred to the Decision of the Authority by whom such President shall have been appointed, but if he object to any Officer other than the President such Objection shall be decided by the President and the other Officers so aforesaid appointed to form the Court; and when the Place of the President or other Officer, in respect of whom any Challenge shall have been made and allowed, shall be supplied by some Officer in respect of whom no Challenge shall be made or allowed, or if no Challenge whatever shall have been made, or, if made, not allowed, the

President and the other Officers composing a General Courtmartial shall take the Oaths in the Schedule to this Act annexed before the Judge Advocate or his Deputy, or Person officiating as such, and on Trials by other Courts-martial, before the President of such Court, who are hereby respectively authorized to administer the same, and any sworn Member may 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 as such, 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 Proceedings or Trial may be had between the Hours of Six in the Morning and Four in the Afternoon.

XVII. A

XVII. All General and other Courts-martial shall have Swearing and

Power and Authority and are hereby required to administer an summoning

Oath to every Witness or other Person who shall be examined

before such Court in any Matter relating to any Proceeding

before the same; and every Person, as well Civil as Military,

who may be required to give or produce Evidence before a

Court-martial, shall, in the Case of General Courts-martial, be

summoned by the Judge Advocate, or the Person officiating as

such, and in the Case of all other Courts-martial by the Pre-

sident of the Court; and all Persons so summoned and attending

as Witnesses before any Court-martial shall, during their neces-

sary Attendance in or on such Courts, and in going to and

returning from the same, be privileged from Arrest, and shall,

if unduly arrested, be discharged by the Court out of which

the Writ or Process issued by which such Witness was arrested,

or if such Court be not sitting, then by any Judge of the Supe-

rior Courts of Westminster or Dublin, or of the Court of Session

in Scotland, or of the 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 any Affi-

davit in a summary Way that such Witness was arrested in

going to, attending upon, or returning from or attending upon

suchCourt-martial; and all Witnesses so duly summoned as

aforesaid who shall not attend on such Courts, or attending

shall refuse to be sworn, or not produce the Documents being

under their Power or Control required to be produced by them,

or, being sworn, shall refuse to give Evidence or to answer all

such Questions as the Court may legally demand of them, shall

be liable to be attached in the Court of Queen's Bench in Lon-

don or Dublin, or in the Court of Session, or Sheriff Depute or

Stewarts Depute or their respective Substitutes within their

several Shires and Stewartries, in Scotland, or in the Courts

of Law in the East or West Indies, or in any of Her Majesty's

Colonies, Garrisons, or Dominions in Europe or elsewhere, respec-

tively, upon Complaint made, in like Manner as if such Witness

had, after being duly summoned or subpenaed, neglected to

attend on a Trial in any Proceeding in the Court in which

such Complaint shall be made.

XVIII. After a Prisoner has been found guilty of any Previous Con-

Charge or Charges the Court before which any such Prisoner victions to be

shall have been tried may, before passing Sentence on such Pri- put in Evi-

soner, and for the Purpose only of affixing Punishment, receive

in Evidence against him any previous Convictions by Courts-

martial, and in like Manner and for the like Purpose the Court

shall receive in Evidence any previous Conviction of such Pri-

soner by a Court of ordinary Criminal Jurisdiction, where the

Offence charged in the Indictment was of a felonious, fraudulent,

or unnatural Nature ; and in the Case of Convictions by Courts-

martial, a Certificate, which shall purport to contain a Copy of

the Charges, Finding and Sentence of the Court, and of the

Minute of the Infliction or Remission of all or any Part of such

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Sentence,

Sentence, made from the original Minutes of such Court or from the Court-martial Book, and which shall further purport to be signed by the Judge Advocate, or by the Officer officiating as such, or by the Officer confirming the Proceedings, in case such Copy be taken from the original Minutes, or by the Commanding Officer, Adjutant, or other Officer having the Custody of the Court-martial Book, in case such Copy be taken from the said Book, shall be sufficient Evidence of such Conviction; and it shall not be necessary to prove the Signature or official Character of the Person appearing to have signed such Certificate, nor, if the Court be satisfied from all the Circumstances of the Case that the Prisoner under Trial is the Person mentioned in any such Certificate, shall it be necessary to give other Proofs of the Identity of the Person of the Offender; and in the Case of a Conviction by a Court of ordinary Criminal Jurisdiction, any Certificate transmitted as herein-before provided to the Officer commanding by the Clerk of any such Court or other Officer having Custody of the Records of such Courts, or the Deputy of such Clerk, containing the Substance and Effect of any Indictment, omitting the formal Part, together with the Judgment of the Court thereon, and purporting to be signed by such Clerk or other Officer, or by the Deputy of such Clerk, shall be sufficient Evidence of such last-mentioned Conviction ; and it shall not be necessary to prove the Signature or official Character of the Person appearing to have signed such lastmentioned Certificate, nor, if the Court be satisfied from all the Circumstances of the Case that the Prisoner under Trial is the Person mentioned in such Certificate, shall it be necessary to give other Proofs of the Identity of the Person of the Offender : Provided always, that before any such Evidence shall be received it shall be proved to the Satisfaction of the Court that the said Prisoner had previously to his Trial received Notice of the Intention to produce such Evidence against him; and provided also, that the Court shall in no Case award to him any other Punishment or Punishments than may by this Act and by the Articles of War be awarded for the Offence of which he shall have been so found guilty,

XIX. Every Judge Advocate, or Person officiating as such, at a General Court-martial, and the President of every District or Garrison Court-martial, are 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 Secretary of the Admiralty for the Time being; and any Person tried by a General Court-martial, or any Person on 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 Her Majesty's Dominions; provided that such Demand as aforesaid shall have

been

Report of Proceedings of Courts-martial.

.

Death.

been made within the Space of Three Years from the Date of the Approval or other final Decision upon the Proceedings before such General Court-martial.

XX. No Officer or Soldier being acquitted or convicted of No Second any Offence shall be liable to be tried a Second Time by the Trial, but Re'same or any other Court-martial for the same Offence, and that no Finding, Opinion, or Sentence given by any Court-martial, and signed by the President thereof, shall be revised more than once, nor shall any additional Evidence be received by the Court on any Revision.

XXI. If any Person who is or shall be commissioned or in Crimes punishPay as an Officer of Royal Marines, or who is or shall be listed able with or in Pay as a Non-commissioned Officer, Drummer, or Private Man in Her Majesty's Royal Marine Forces, shall at any Time during the Continuance of this Act, while on shore in any Place within the said Kingdom, or in any other of Her Majesty's Dominions, or in any Foreign Parts out of such Dominions, or on board any Transport Ship, or Merchant Ship or Vessel, or any Ship or Vessel of Her Majesty, or on board any Convict Hulk or Ship, or any other Ship or Vessel, or in any Place whatever, where or while being in any Circumstances in which he shall not be subject to, or not be liable to or punishable by, the Laws relating to the Government of Her Majesty's Forces by Sea, begin, excite, cause, or join in any Mutiny or Sedition in Her Majesty's Marine or other Forces, or shall not use his utmost Endeavours to suppress any such Mutiny or Sedition, or coming to the Knowledge of any Mutiny or intended Mutiny shall not without Delay give Information thereof to his Commanding Officer; or shall misbehave himself before the Enemy; or shall shamefully abandon or deliver up any Garrison, Fortress, Post, or Guard committed to his Charge, or which he shall have been commanded to defend; or shall compel the Governor or Commanding Officer of any Garrison, Fortress, or Post to deliver up to the Enemy or to abandon the same ; or shall speak Words or use any other Means to induce such Governor or Commanding Officer or any other to misbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post, or Guard committed to their respective Charge, or which he or they shall be commanded to defend; or shall leave his Post before being relieved, or shall be found sleeping on his Post; or shall hold Correspondence with or give Advice or Intelligence to any Rebel, Pirate, or Enemy of Her Majesty, either by Letters, Messages, Signs, Tokens, or any other Ways or Means whatever; or shall treat or enter into any Terms with any such Rebel, Pirate, or Enemy, without the Licence of the Lord High Admiral of the said United Kingdom, or the Commissioners for executing the Office of Lord High Admiral aforesaid, for the Time being; or shall strike or use or offer any Violence against his Superior Officer being in the Execution of his Office, or shall disobey any lawful Command of his Superior Officer; or who being confined in a Military Prison shall offer any Violence against a Visitor or

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other

Death.

other Officer being in the Execution of his Office, or shall violate any Law or Regulation of or relating to any Military Prison; or shall desert Her Majesty's Service; every Person so offending in any of the Matters before mentioned shall suffer Death, or such other Punishment as by a Court-martial shall

be awarded. Judgment of XXII. No Judgment of Death by Court-martial shall pass

unless Two Thirds at least of the Officers present, being Mem

bers of the Court, shall concur therein. Commutation XXIII. Whensoever any General Court-martial by which of Death for any Marine shall have been tried and convicted of any Offence Transportation. punishable 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 a certain Term of Years, or may sentence him 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 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 the Offender to be transported as a Felon, either for Life or for a certain Term of 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, to the Officer commanding as aforesaid. Embezzlement XXIV. Every Officer and other Person employed in any punishable by Manner in the Care or Distribution of any Money, Provisions, Transportation.

Forage, or Stores belonging to Her Majesty's Royal Marine Forces or for their Use, who shall embezzle or fraudulently misapply, damage, or be concerned in or connive at the Embezzlement, fraudulent Misapplication, or Damage of any Money, Provisions, Forage, Arms, Clothing, Ammunition, or other Military or Royal Marine Stores, 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 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 Courtmartial; 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

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