« ElőzőTovább »
of Part of any Pay or Allowances, or out of any public Money, the same shall be stopped and paid accordingly, in conformity with such Direction: Provided always, that nothing herein-before contained shall enable any such Action as aforesaid to be brought in the said Court by any Officer or Soldier against any Officer. LXVII. And be it enacted, That any Action which shall be Term and brought against any Person for anything to be done in pursuance of this Act shall be brought within Six Months; and it shall be lawful for every such Person to plead thereunto the General Issue of Not Guilty, and to give all special Matter in Evidence to the Jury which shall try the Issue; and if the Verdict shall be for the Defendant in any such Action, or the Plaintiff therein become nonsuited, or suffer any Discontinuance thereof, the Court in which the said Matter shall be tried shall allow unto the Defendant Treble Costs, for which the said Defendant shall have the like Remedy as in other Cases where Costs are given to Defendants;
and every Action against any Person for anything to be done in Modes of Propursuance of this Act, or against any Member of a Court-martial cedure. in respect of any Sentence of such Court, or of anything done by virtue or in pursuance of such Sentence, shall be brought in some of the Courts of Record at the Presidencies in India, or in the Courts of Record at Westminster or in Dublin, or the Court of Session in Scotland, and in no other Court whatsoever.
LXVIII. And be it enacted, That all Penalties and Forfei- Mode of retures by this Act imposed may and shall be sued for and be covering Penalrecoverable in any Court of Record at the said Presidencies, or in any other Court in India in which under any Laws made or to be made in India the Penalty would be recoverable if the same had been incurred by the Offender in breach of any other Law: Provided always, that no Action shall be brought or Prosecution carried on by virtue of this Act for any such Penalties or Forfeitures as aforesaid unless the same be commenced within Six Months after the Offence is committed.
to Informer; Remainder to Military Secretary of the Presidency.
LXIX. And be it enacted, That One Moiety of any Penalty, One Moiety not including any Treble Value of any Articles adjudged or recovered under the Provisions of this Act, shall go to the Person who shall inform or sue for the same; and the Remainder of the Penalty, together with the Treble Value of any Article, or, where the Offence shall be proved by the Person who shall inform, the whole of the Penalty, shall be paid to the Military Secretary of the Government of the Presidency to which the Court by whom the Penalty shall be adjudicated shall be subject, and shall abide the Disposal of such Military Secretary; and the Court which shall adjudge any Penalty under this Act shall immediately report the same to the said Secretary.
LXX. And be it enacted, That in all Cases where any Oath Punishment is hereby required to be taken, or any Person is hereby required for giving false to be sworn, a solemn Declaration or Affirmation may be substi- Testimony. tuted, if by the Laws for the Time being in force in India such Declaration or Affirmation would be allowed to be substituted in the Place of an Oath in case the Party were about to depose as a Witness in a Civil Action in any of the Supreme Courts at the Presidencies; and that any Persons wilfully and knowingly giving false Testimony on Oath, or solemn Declaration or Affirmation in
former Mutiny Acts and Articles of War,
and all existing Proceedings, continued.
Act not to
Not to affect
any Case wherein such Oath or solemn Declaration or Affirmation shall have been made for the Purpose of this Act, shall be deemed guilty of wilful and corrupt Perjury, and being thereof duly convicted shall be liable to such Pains and Penalties as by any Law in force in England, or by any Law in force in India, any Persons convicted of wilful and corrupt Perjury are subject and liable to; and every Commissioned Officer convicted before a General Court-martial of Perjury shall be cashiered; and every Soldier or other Person amenable to the Provisions of this Act found guilty thereof shall be punished at the Discretion of a General or other Court-martial.
LXXI. And be it enacted, That all Crimes and Offences which have been committed against the said Act of the Third and Fourth Years of the Reign of Her present Majesty, herein-before mentioned, or against any of the Articles of War made and established by virtue of the same, may be inquired of and punished in like Manner as if they had been committed against this Act, and every Warrant for holding any Court-martial under the said Act shall remain in full Force notwithstanding the Repeal of such Act, and all Proceedings of any Court-martial upon any Trial begun under the Authority of such former Act shall not be discontinued by the Repeal of the same: Provided always, that no Person shall be liable to be tried and punished for any Offence against the said Act or this Act, or the Articles of War made or to be made by virtue of the same Acts or either of them, which shall appear to have been committed more than Three Years before the issuing of the Commission or Warrant for such Trial, unless the Person accused, by reason of his having absented himself, or of some other manifest Impediment, shall not have been amenable to Justice within that Period, in which Case such Person shall be liable to be tried at any Time not exceeding Two Years after the Impediment shall have ceased.
LXXII. And be it enacted, That nothing in this Act contained shall in any Manner affect Her Majesty's Royal Prerogative of Mercy,
LXXIII. And be it enacted, That nothing herein contained shall affect the Provisions of an Act passed in the Seventh and 7&8 Vict. c. 18. Eighth Years of Her Majesty, intituled An Act to remove Doubts as to the Power of appointing, convening, and confirming the Sentences of Courts-martial in the East Indies, and that all the Provisions thereof shall after the passing of this Act apply and be in full Force and Effect, unless and except so far as the Provisions thereof may in any respect be inapplicable.
Commencement of this
LXXIV. And be it enacted, That this Act shall commence and take effect from and after the First Day of January One thouAct, and Repeal sand eight hundred and fifty, and that from and after such Day all
of former Act,
Powers and Provisions contained in the said Act of the Third and Fourth Years of Her present Majesty, except as herein-after is particularly provided, shall cease and determine, and that from and after the same Day the Articles of War made by Her Majesty in pursuance of the said Act shall cease and determine: Provided nevertheless, that full Effect shall be given to the Provisions herein-before contained respecting the Punishment of Offences against the said former Act, and otherwise, as herein-before is
mentioned; and that, so far as may be necessary to give full Effect to such Provisions, the said Act of the Third and Fourth Years of Her Majesty, and the Articles of War made in pursuance of the same, shall be deemed to be in full Force; and provided also, that all the Powers and Provisions contained in the said Act of the Third and Fourth Years of Her Majesty concerning or in any way relating to the Indian Navy shall be and remain in full Force and Effect, in the same Manner as if this Act had not passed; and provided also, that the Repeal of the same Act shall not operate to revive any former Act.
LXXV. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this present Session of amended, &c. Parliament.
SCHEDULE to which this Act refers.
FORM of OATH to be taken by the PRESIDENT and MEMBERS of
You shall well and truly try and determine according to the Evidence in the Matter now before you. So help you GOD.
I A.B. do swear, That I will duly administer Justice according to the Rules and Articles for the better Government of the Forces of the East India Company, and according to an Act of Parliament now in force for the Punishment of Mutiny and Desertion of the said Forces, and other Crimes therein mentioned, without Partiality, Favour, or Affection, and if any Doubt shall arise which is not explained by the said Articles or Act, according to my Conscience, the best of my Understanding, and the Custom of War in the like Cases; and I further swear, that I will not divulge the Sentence of the Court until it shall be duly approved, neither will I, upon any account, at any Time whatsoever, disclose or discover any 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 or a Courtmartial in due Course of Law. So help me GOD.
FORM of OATH to be taken by the JUDGE ADVOCATE (or Person officiating as such).
I do swear, That I will not, upon any account whatsoever, disclose or discover any 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 or a Court-martial in a due Course of Law, and that I will not, unless it be necessary for the due Discharge of my official Duties, disclose the Sentence of the Court until it shall be duly approved. So help me GOD.
An Act to apply the Sum of Three Millions out of the Consolidated Fund to the Service of the Year One thousand
eight hundred and forty-nine.
[28th July 1849.]
tice of Appeal.
Notice of Ap. peal to be in Writing, and signed. Grounds of Ap peal to be stated.
Act not to
affect Appeals against Orders of Removal, Orders of Bastardy, &c.
CA P. XLV.
An Act to amend the Procedure in Courts of General and
WHEREAS, in Cases of Appeal to Courts of General or
Quarter Sessions of the Peace, it is expedient that the Law should be more uniform:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in every Case of Appeal (except as herein-after mentioned) to any Court of General or Quarter Sessions of the Peace Fourteen clear Days Notice of Appeal at least shall be given, and such shall be sufficient Notice, any Act or Acts, or any Rule or Practice of any Court or Courts, to the contrary notwithstanding; and such Notice of Appeal shall be in Writing, signed by the Person or Persons giving the same, or by his, her, or their Attorney on his, her, or their Behalf, and the Grounds of Appeal shall be specified in every such Notice: Provided always, that it shall not be lawful for the Appellant or Appellants, on the Trial of any such Appeal, to go into or give Evidence of any other Ground of Appeal besides those set forth in such Notice.
II. And be it enacted, That none of the Provisions hereinbefore contained relating to Notices of Appeal shall be construed to affect or alter the Law as to Notice of Appeal against a summary Conviction, or against an Order of Removal, or against an Order under any Statute relating to Pauper Lunatics, or against an Order in Bastardy, or against any Proceeding under or by virtue of any of the Statutes relating to Her Majesty's Revenue of Excise or Customs, Stamps, Taxes, or Post Office, but the Law with regard to Notices of all such Appeals shall be deemed and taken to be the same as if the Provisions herein-before contained had not been enacted.
III. And whereas a Statement of the Grounds of Appeal, when required by this or any other Statute, is for the Purpose ' of enabling the Party receiving it to inquire into the Subject of such Statement, and, if need be, to prepare for Trial: Be it therefore enacted, That upon the Hearing of any Appeal to any Court of General or Quarter Sessions of the Peace no Objection on account of any Defect in the Form of setting forth any Ground of Appeal shall be allowed, and no Objection to the Reception of legal Evidence offered in support of any Ground of Appeal shall prevail, unless the Court shall be of opinion that such Ground of Appeal is so imperfectly or incorrectly set forth as to be insufficient to enable the Party receiving the same to inquire into the Subject of such Statement, and to prepare for Trial: Provided of Grounds of always, that in all Cases where the Court shall be of opinion Appeal. that any Objection to any Ground of Appeal, or to the Reception of Evidence in support thereof, ought to prevail, it shall be lawful for such Court, if it shall so think fit, to cause any such Ground of Appeal to be forthwith amended by some Officer of the Court,
or otherwise, on such Terms as to Payment of Costs to the other Party, or postponing the Trial to another Day in the same Sessions or to the next subsequent Sessions, or both Payment of Costs and Postponement, as to such Court shall appear just and reasonable.
IV. And be it enacted, That if in any Notice of Appeal the Frivolous Appellant or Appellants shall have included any Ground or Grounds of Appeal which shall in the Opinion of the Court Appeal. determining the Appeal be frivolous or vexatious, such Appellant or Appellants shall be liable, if the Court shall so think fit, to pay the whole or any Part of the Costs incurred by the Respondent or Respondents in disputing any such Ground or Grounds of Appeal, such Costs to be recoverable in the Manner herein-after directed as to the other Costs incurred by reason of such Appeal.
V. And be it enacted, That upon any Appeal to any Court of Sessions to have General or Quarter Sessions of the Peace the Court before whom a general Power to give Costs the same shall be brought may, if it think fit, order and direct the in all Cases of Party or Parties against whom the same shall be decided to pay to the other Party or Parties such Costs and Charges as may to such Court appear just and reasonable, such Costs to be recoverable in the Manner provided for the Recovery of Costs upon an Appeal against an Order or Conviction by an Act passed in the Twelfth Year of Her Majesty's Reign, intituled An Act to faci 11 & 12 Vict. litate the Performance of the Duties of Justices of the Peace out c. 43. of Sessions within England and Wales with respect to summary Convictions and Orders.
VI. And for the more effectual Prevention of frivolous Appeals, Frivolous be it enacted, That any Court of General or Quarter Sessions of Appeals. the Peace, upon Proof of Notice of any Appeal to the same Court having been given to the Party or Parties entitled to receive the same, though such Appeal was not afterwards prosecuted or entered, may, if it so think fit, at the same Sessions for which such Notice was given, order to the Party or Parties receiving the same such Costs and Charges as by the said Court shall be thought reasonable and just to be paid by the Party or Parties giving such Notice, such Costs to be recoverable in the Manner last aforesaid.
VII. And whereas in many Cases, where Justices of the Amendment Peace are by Law empowered to make Orders or to give Judg- of Orders or Judgments of ments, great Expense and frequent Failures of Justice have been Justices on 'occasioned by reason that such Orders or Judgments have, on Appeal or ReAppeal to the General or Quarter Sessions of the Peace, or on turn to Cer
• Removal by Certiorari into the Court of Queen's Bench, been tiorari.