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of Duty, and any other Offence or Misconduct of which they
and Articles of
II. All Crimes and Offences committed against any former Offences
III. This Act shall extend to the Islands of Jersey, Guernsey, Act to extend
not to be inter
cruits, and for mustering and paying, and to the Provisions for Trial and Punishment of Officers and Marines 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 Court-martial, and also to the Provisions which relate to the Punishment of Persons who shall fraudulently confess themselves to be Deserters, or who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Clothes, Military Furniture, or Regimental Necessaries from any Marine or Deserter, or who shall cause the Colour of any such Clothes to be changed; and also to the Provisions for exempting Marines 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.
IV. Nothing in this Act shall be construed to extend to Course of Law exempt any Officer or Marine from being proceeded against by the ordinary Course of Law when accused of Felony or of Misdemeanor committed with Violence to the Person, Estate, or Property of any of Her Majesty's Subjects punishable by the well-known Laws of the Land; and any Commanding Officer who shall neglect or refuse, when due Application shall be made to him for that Purpose, to deliver over to the Civil Magistrate any Officer or Marine, or who shall wilfully obstruct, neglect, or refuse to assist any Peace Officer in apprehending any such Offender, shall, upon Conviction thereof in any of Her Majesty's Courts at Westminster, Dublin, or Edinburgh, be deemed to be thereupon cashiered, and shall be utterly disabled to hold any Civil or Military Office or Employment in Her Majesty's Service; and a Certificate of such Conviction shall be transmitted to the Secretary of the Admiralty.
tried by Civil
Power to be punished by Court-martial for same Of.
fence except by cashiering.
Marines to be subject to the Discipline of the Navy while on board Ship.
V. No Person who shall have been tried before any of the ordinary Courts of Law for any Crime cognizable in such Courts shall be liable to be punished for the same by any Courtmartial otherwise than by cashiering; and whenever any Officer or Marine shall have been tried before a Court of ordinary Criminal Jurisdiction, the Clerk of the Court or other Officer having the Custody of the Records of such Court, or the Deputy of such Clerk, shall, if required by the Officer commanding the Division to which such Officer or Marine belongs, transmit to him a Certificate containing the Substance and Effect only, omitting the formal Part, of the Indictment, Conviction, and Entry of Judgment thereon or Acquittal of such Officer or Marine, and shall be allowed for such Certificate a Fee of Three Shillings.
VI. All of Her Majesty's Royal Marine Forces shall, during the Time they shall be respectively borne on the Books of any of Her Majesty's Ships or Vessels in Commission, either as Part of the Complement or as Supernumeraries, or otherwise, be subject and liable in every respect to the Laws for the Government 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 or to Naval Discipline, he shall be tried and punished for the same in the same Manner as other Marines may be tried and punished for the like Offences under the Authority of this Act.
VII. It shall be lawful for the said Lord High Admiral, or Lord High the Commissioners for executing the Office of Lord High Ad- Admiral, &c. miral aforesaid, from Time to Time to grant Commissions or Commissions Warrants under the Hand of the said Lord High Admiral, for holding or under the Hands of any Two or more of the said Commis- General Courtssioners, for the holding of General and other Courts-martial martial, &c. within the United Kingdom of Great Britain and Ireland, and elsewhere out of the same, in like Manner as has been heretofore used, and for bringing Offenders against this Act and the Articles of War to Justice, and to erect and constitute Courtsmartial, as well within the said United Kingdom and the British Isles as in any of Her Majesty's Garrisons or Dominions or elsewhere beyond the Seas, and to grant Commissions or Warrants to the Officer or Officers commanding in chief or commanding for the Time being any of Her Majesty's Royal Marine Forces, as well within the said United Kingdom as Her Majesty's other Dominions, and in any Foreign Parts out of the same Dominions, for convening, as well as for authorizing any Officer to convene, Courts-martial, as Occasion may require, for the Trial of Offences committed by any of the Royal Marine Forces, whether the same shall have been committed before or after such Officer shall have taken upon himself such Command, the Officer so authorized not being however below the Degree of a Field Officer, except in the Settlements on the Western Coast of Africa, where a Captain may be authorized to convene District or Garrison Courtsmartial; and any Person subject to this Act who shall, in any of Her Majesty's Dominions or elsewhere, commit any of the Offences for which he may be liable to be tried by Courtmartial by virtue of this Act or of the Articles of War, may be tried and punished for the same in any Part of Her Majesty's Dominions,
District or Garrison Courts
14 VICT. Dominions, or other Place where he may have come or be after the Commission of the Offence, as if the Offence had been committed where such Trial shall take place.
VIII. A General Court-martial convened in Saint Helena, the 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, Newfoundland, Bermuda, or the Bahamas, 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, or any other Punishment which shall accord with the Provisions of this Act.
IX. A District or Garrison Court-martial shall consist of not less than Seven Commissioned Officers, except in Bermuda, the Bahamas, 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.
X. A Divisional or Detachment Court-martial shall consist of not less than Five Officers, unless it be found to be impracticable to assemble that Number, when Three shall be sufficient, and shall have Power to sentence any Marine to Corporal Punishment, or to Imprisonment, and Forfeiture of Pay, in such Manner as shall accord with the Provisions of this Act.
XI. In Cases of Mutiny and gross Insubordination, or of other Offences, committed on the Line of March, or on board any Transport Ship, Convict Ship, or Merchant Vessel, the Offender may be tried by a Divisional or Detachment Courtmartial, and the Sentence confirmed and carried into execution on the Spot by the Officer in immediate Command, provided that the Sentence shall not exceed that which a Divisional Court-martial is competent to award.
XII. It shall be lawful for any Officer commanding any in special Cases Detachment or Portion of Her Majesty's Royal Marine Forces which may at any Time be serving out of Her Majesty's Dominions,
out of the
Dominions, upon Complaint made to him of any Offence com- Queen's Domimitted against the Property or Person of any Inhabitant of or nions. Resident in any such Countries by any Person under the immediate Command of any such Officer, to summon and cause to be assembled a Detachment General Court-martial, which shall consist of not less than Three Officers, for the Trial of any such Person, notwithstanding such Officer shall not have received any Warrant empowering him to assemble Courtsmartial; 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 always, that no Sentence of any such Detachment Court-martial shall be executed until the Officer commanding the Army to which the Division, Brigade, Detachment, or Party to which any Person so tried shall belong shall have approved and confirmed the same.
may sit in con
XIII. When necessary or expedient, Officers of Her Ma- Officers of the jesty's Land Forces and of the Royal Marines may sit in conjunction on Courts-martial, whether the Commanding Officer by whose Order such Court-martial is assembled belongs to junction on the Land or Marine Forces; and when the Person to be tried Courts-martial. shall belong to the Royal Marines, then the Proceedings of such Court-martial shall be regulated according to the Provisions of this Act; but where the Person to be tried shall belong to Her Majesty's Land Forces, then the Provisions of the Act passed in the present Session of Parliament for the Punishment of Mutiny and Desertion, and for the better Payment of the Army and their Quarters, and the Oaths therein prescribed, shall be applicable.
sent in Com
cer of Marines
XIV. Provided there be no Superior Officer of Her Ma- If no Superior jesty's Land Forces present in Command of a District, Garri- Officer of Land son, Station, or Place where Marines may be serving, it shall Forces is prebe lawful for any Officer of the Royal Marine Corps, of the mand of a DisDegree of a Field Officer, and holding a Commission from trict,&c. an Offithe Lord High Admiral, or the Commissioners for executing may convene a the Office of Lord High Admiral, for that Purpose, but not Court-martial. otherwise, to convene or assemble a District or Garrison Courtmartial, to be composed as afore stated, and for such Court to proceed to try any Marine or Marines below the Rank of Commissioned Officer for any of the Offences cognizable by a District or Garrison Court-martial; but the Sentence so awarded by any such Court shall not be carried into effect until the Senior Officer of the Royal Marines in the District, Garrison, Station, or Place, not being a Member of the Court, shall have confirmed the same: Provided always, that if there be any such Superior Officer of Her Majesty's Land Forces present in Command of the District, Garrison, Station, or Place where Marines may be, in such Case it shall be lawful for him to convene or assemble such District or Garrison Court-martial for the Trial of any Marine or Marines below the Rank of a Commissioned Officer, and for such Court-martial to try anv [No. 2. Price 2d.1