Prince Alfred's Annuity.

of the Determination thereof: Provided that in the event of His said Royal Highness succeeding to any Sovereignty or Principality abroad it shall be lawful for Her Majesty or Her Successors, with the Consent of Parliament, to revoke or reduce the said Annuity by Warrant under the Sign Manual.

Act to be

Fund.

3. The Annuity granted in pursuance of this Act shall, if Annuity Her Majesty think fit to direct, be a personal and inalienable granted by this Provision, and the same shall be charged on and payable out of the charged on the Consolidated Fund of the United Kingdom of Great Britain and Consolidated Ireland, or the growing Produce thereof, after paying or reserving sufficient to pay such Sums as may have been directed to be paid out of the said Fund by former Acts of Parliament, but with Preference to all other Payments which may hereafter be charged on the said Fund.

CAP. IX.

Mutiny.

Number of

Men to consist

cluding those employed at Depôts of Regiments serving in India, but exclusive of

CA P. IX.

An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. [23d March 1866.]

W

HEREAS the raising or keeping a Standing Army within the United Kingdom of Great Britain and Ireland in Time of Peace, unless it be with the Consent of Parliament, is against Law: And whereas it is adjudged necessary by Her Majesty and this present Parliament that a Body of Forces should be continued for the Safety of the United Kingdom, the Defence of the Possessions of Her Majesty's Crown, and the Preservation of the Balance of Power in Europe, and that the whole Number of such Forces should consist of One hundred and thirty-eight thousand one hundred and seventeen Men, including Eight thousand nine hundred and eighty-three, all Ranks, to be employed with the Depôts in the United Kingdom of Great Britain and Ireland of Regiments serving in Her Majesty's Indian Possessions, but exclusive of the Numbers actually serving within Her Majesty's Indian Possessions: those actually And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm by Martial Law, or in any other Manner than by Judgment of his Peers, and according to the known and established Laws of this Realm; yet nevertheless it being requisite, for the retaining all the before-mentioned Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny or stir up Sedition, or shall desert Her Majesty's Service, or be guilty of Crimes and Offences to the Prejudice of good Order and Military Discipline, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow: 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, as follows:

serving in

India.

Articles of

War made by
Her Majesty

1. It shall be lawful for Her Majesty to make Articles of War for the better Government of Her Majesty's Army, which Articles to be judicially shall be judicially taken notice of by all Judges and in all Courts of, and Copies whatsoever; and Copies of the same, printed by the Queen's Printer, printed by shall, as soon as may be after the same shall have been made

taken notice

and

Mutiny.

transmitted to

and established by Her Majesty, be transmitted by Her Majesty's the Queen's Secretary of State for the War Department to the Judges of Her Printer to be Majesty's Superior Courts at Westminster, Dublin, and Edinburgh Judges, &c. 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 within the British Isles, shall by such Articles of War be subject to suffer any Punishment extending to Life or Limb, or to be kept in Penal Servitude, except for Crimes which are by this Act expressly made liable to such Punishments 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: Provided also, that nothing in this Act contained shall in any Manner prejudice or affect any Articles of War or other Matters made, enacted, or in force, or which may hereafter be made, enacted, or in force, under the Authority of the Government of India, respecting Officers or Soldiers or Followers in Her Majesty's Indian Army, being Natives of India; and on the Trial of all Offences committed by any such Native Officer or Soldier or Follower, Reference shall be had to the Articles of War framed by the Government of India for such Native Officers, Soldiers, or Followers, and to the established Usages of the Service.

Act.

2. All the Provisions of this Act shall apply to all Persons who Persons subare or shall be commissioned or in Pay as an Officer, or who are or ject to this shall be listed or in Pay as a Non-commissioned Officer or Soldier, and to all Warrant Officers, and to all Persons employed on the Recruiting Service receiving Pay, and all Pensioners receiving Allowances in respect of such Service, and to Persons who are or shall be hired to be employed in the Royal Artillery, Royal Engineers, and to Master Gunners, and to Conductors of Stores, and to the Corps of Royal Military Surveyors and Draftsmen, and to all Officers and Persons who are or shall be serving on the Commissariat Staff or in the Commissariat Staff Corps, and to Officers and Soldiers serving in the Military Store Department or in the Military Store Staff Corps, and to Persons in the War Department, who are or shall be serving with any Part of Her Majesty's Army at home or abroad, under the Command of any Commissioned Officer, and (subject to and in accordance with the Provisions of an Act passed in the Sixth and Seventh Years of the Reign of Her present Majesty, Chapter Ninety-five,) to any Out-pensioners of the Royal Hospital, Chelsea, who may be called out on Duty in aid of the Civil Power, or for Muster or Inspection, or who having volunteered

Provisions of this Act

Mutiny.

volunteered their Services for that Purpose shall be kept on Duty in any Fort, Town, or Garrison, and to all Military Store Officers and other Civil Officers who are or shall be employed by or act under the Secretary of State for War at any of Her Majesty's Establishments in the Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the Islands thereto belonging, or at Foreign Stations; and all the Provisions of this Act shall apply to all Persons belonging to Her Majesty's Indian Forces who are or shall be commissioned or in Pay as Officers, or who shall be listed or in Pay as Non-commissioned Officers or Soldiers, or who are or shall be serving or hired to be employed in the Artillery or any of the Trains of Artillery, or as Master Gunners or Gunners, or as Conductors of Stores, or who are or shall be serving in the Department of Engineers, or in the Corps of Sappers and Miners, or Pioneers, or as Military Surveyors or Draftsmen, or in the Ordnance or Public Works or Commissariat Departments, and to all Storekeepers, and other Civil Officers employed under the Ordnance, and to all Veterinary Surgeons, Medical Storekeepers, Apothecaries, Hospital Stewards, and others serving in the Medical Department of the said Forces, and to all Licensed Suttlers, and all Followers in or of any of the said Forces provided that nothing in this Act contained shall extend to affect any Security which has been or shall be given by any Military Store Officer, Barrack Master, or other Officer, or their Sureties, for the due Performance of their respective Offices, but that all such Securities shall be and remain in full Force and Effect.

3. This Act shall extend to the Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the Islands thereto belonging, as to Jersey, Guern- the Provisions herein contained for enlisting of Recruits, whether

to extend to

sey, &c.

Minors or of full Age, and swearing and attesting such Recruits, and for mustering and paying, and as to the Provisions for the Trial and Punishment of Officers and Soldiers who shall be charged with Mutiny and Desertion, or any other of the Offences which are by this Act declared to be punishable by the Sentence of a Courtmartial, and also as to the Provisions which relate to the Punishment of Persons who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Medals for good Conduct or for distinguished or other Service, Clothes, Military Furniture, or Regimental Necessaries from any Soldier or Deserter, or who shall cause the Colour of any such Clothes to be changed, or who shall aid in the Escape of a Prisoner from a Military Prison, or who shall introduce forbidden Articles into such Prison, or shall carry out any such

Articles,

Mutiny.

Articles, or who shall assault any Officer of such Prison, and also as to
the Provisions for exempting Soldiers from being taken out of Her
Majesty's Service for not supporting or for leaving chargeable to any
Parish any Wife or Child or Children, or on account of any Breach of
Contract to serve or work for any Employer, or on account of any
Debts under Thirty Pounds in the said Islands.

in Her Ma

Provisions of

4. All Officers and Soldiers of any Troops mustered and in Pay, Colonial and which shall be raised and serving in any of Her Majesty's Dominions Foreign Troops abroad, or in Places in possession of or occupied by Her Majesty's jesty's Pay to Subjects under the Command of any Officer having any Commission be subject to immediately from Her Majesty, shall be subject to the Provisions of this Act. this Act and of Her Majesty's Articles of War, in like Manner as Her Majesty's other Forces are; and if such Officers and Soldiers, having been made Prisoners, be sent into Great Britain or Ireland although not allowed to serve therein, all the Provisions of this Act in regard to billeting Soldiers shall apply to such Officers and Soldiers.

5. Nothing in this Act contained shall be construed to extend to Provision as any Militia Forces or Yeomanry or Volunteer Corps in Great Britain to the Militia and Yeomanry or Ireland, excepting only where by any Act for regulating any of Corps. the said Forces or Corps the Provisions contained in any Act for punishing Mutiny and Desertion are or shall be specifically made applicable to such Forces or Corps.

constitute

6. For the Purpose of bringing Offenders against this Act and Power to against the Articles of War to Justice, Her Majesty may from Time Courts-marto Time, in like Manner as has been heretofore used, grant Commis- tial. sions under the Royal Sign Manual for the holding of Courts-martial within the United Kingdom of Great Britain and Ireland, and may grant Commissions or Warrants under the said Royal Sign Manual 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 Troops belonging to Her Majesty's Army, as well within the United Kingdom of Great Britain and Ireland and the British Isles as in any of Her Majesty's Garrisons and Dominions or elsewhere beyond Seas, for convening Courts-martial, and for authorizing any Officer under their respective Commands to convene Courts-martial, as Occasion may require, for the Trial of Offences committed by any of the Forces under the Command of any such last-mentioned Officer, whether the same shall have been committed before or after such Officer shall have taken upon him such Command: Provided that the Officer so authorized be not below the Degree of a Field Officer, except in detached Situations beyond Seas [THE LAW REPORTS.]

C

where