Filling up Office of Second under this Act, shall be liable to all such Penalties, Punishments, and Consequences for any wilful and corrupt false swearing, declaring, affirming, or attesting contained therein, as if the Matter sworn, declared, affirmed, or attested had been sworn, declared, affirmed, or attested before the High Court of Chancery or any of the Masters in Ordinary thereof. IV. And be it enacted, That as often as the Second Assistant Clerk of Affidavits or any of his Successors shall die or resign, Assistant Clerk or be removed from his Office, the Lord Chancellor shall have Power to appoint a Second Assistant Clerk of Affidavits in the Room of such one who shall so die, resign, or be removed. of Affidavits. Interpretation of" Lord Chancellor." Act may be amended, &c. V. And be it enacted, That in construing this Act the Expression "the Lord Chancellor" shall mean and include the Lord Chancellor, Lord Keeper and First Commissioner for the Custody of the Great Seal of the United Kingdom of Great Britain and Ireland, for the Time being. VI. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. CAP. XI. Numbers. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. [22d April 1848.] WHEREAS 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 thirteen thousand eight hundred and forty-seven 'Men, exclusive of the Officers and Men belonging to the Regiments employed in the Territorial Possessions of the East India Company, but including the Officers and Men of the Troops and Companies recruiting for those Regiments: And whereas no Man can be forejudged of Life or Limb, or sub'jected 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, be brought to a more exemplary and speedy Punish'ment 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 Tem poral, poral, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for Her Articles of War Majesty to make Articles of War for the better Government made by Her of Her Majesty's Forces, which Articles shall be judicially taken Majesty to be judicially taken notice of by all Judges and in all Courts whatsoever; and Copies notice of. of the same, printed by the Queen's Printer, shall, as soon as may be after the same shall have been made and established by Her Majesty, be transmitted by Her Majesty's Secretary at War 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 of War be subject to be transported as a Felon, 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 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. to this Act. II. And be it enacted, That all the Provisions of this Act Persons subject shall apply to all Persons who are or shall be commissioned or in Pay as an Officer, or who are or shall be listed or in Pay as a Non-commissioned Officer or Soldier, and to all Persons employed on the Recruiting Service receiving Pay in respect of such Service, and to the Officers and Soldiers belonging to the Forces of the East India Company while such Officers or Soldiers shall be in any Part of the United Kingdom, and to the Officers and Persons who are or shall be serving and hired to be employed in the Royal Artillery and Field Train, and to Master Gunners, and Gunners, and Conductors of Stores, and to all Officers and Persons who are or shall be serving in the Regiment of Royal Engineers and the Corps of Royal Sappers and Miners, and in the Corps of Royal Military Surveyors and Draftsmen, and to Persons in the Ordnance and Commissariat Departments, who are or shall be serving with any Part of Her Majesty's Forces at home or abroad, under the Command of any Officer having Commission from Her Majesty or from His late Majesty King William the Fourth, and to all Storekeepers and other Civil Officers who are or shall be employed by or act under the Ordnance at any of Her Majesty's Ordnance Establishments in the Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the Islands thereto belonging, or at Foreign Stations; provided that nothing in this Act contained shall extend to affect any Security which has been given by such Storekeeper, Barrack Master, or other Officer, or their Sureties, for the due Performance of their respective Offices, under the Provisions of an Act passed in the Fiftieth Year of the Reign of His Majesty King George the Third, to regulate the taking of Securities in all Offices, but that such Bonds and other Securities shall be and remain in full Force and Effect. Act to extend to Jersey, Guernsey, &c. Foreign Troops in this Country. Militia and Power to con martial. III. And be it enacted, That this Act shall extend to the Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the Islands thereto belonging, as to the Provisions therein for enlisting of Recruits, whether Minors or of full Age, and swearing and attesting such Recruits, and for mustering and paying, and 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 Court-martial, and also to the Provisions which relate to the Punishment of Persons who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, 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, or who shall assault any Officer of such Prison, and also 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. IV. And be it enacted, That all Officers and Soldiers of any Troops, being mustered and in Pay, which shall be raised and serving in any of Her Majesty's Dominions abroad, or in Places in possession of or occupied by Her Majesty's Subjects under the Command of any Officer having any Commission immediately from Her Majesty, shall be subject to the Provisions of 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 England 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. V. And be it enacted, That nothing in this Act contained shall in anywise be construed to extend to any Militia Forces or Yeomanry or Volunteer Corps in Great Britain or Ireland, excepting only in such Cases wherein, by any Act or Acts for regulating any of the said Forces or Corps, the Provisions contained in any Act for punishing Mutiny and Desertion shall be specifically made applicable to the said Corps. VI. And be it declared and enacted, That for the Purpose stitute Courts of bringing Offenders against this Act and the Articles of War to Justice Her Majesty may from Time to Time, in like Manner as has been heretofore used, grant Commissions under the Royal Sign Manual for the holding 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 com manding manding for the Time being any Body of Her Majesty's Forces, 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 Courtsmartial, 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; the Officer so authorized not being however below the Degree of a Field Officer, except upon the Western Coast of Africa, where a Captain may be authorized to convene District or Garrison Courts-martial; and any Person subject to this Act, who shall in any Part of Her Majesty's Dominions or elsewhere commit any of the Offences for which he may be liable to be tried by Court-martial by virtue of this Act or the Articles of War, may be tried or punished for the same in any Part of Her Majesty's Dominions where he may have come after the Commission of the Offence, as if the Offence had been committed where such Trial shall take place. VII. And be it enacted, That a General Court-martial con- General Courtsvened in Saint Helena, Africa, Honduras, the Australian Colo- martial. nies, and the Settlements on the Coast of China, shall consist of not less than Five Commissioned Officers; that if convened in Jamaica, Newfoundland, Bermuda, or the Bahamas, or in any Part out of the Queen's Dominions, excepting the Parts afore mentioned, it shall consist of not less than Seven; and that if convened in any other Part of the Queen's Dominions, or of 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. martial. VIII. And be it enacted, That a District or Garrison Court- District or Garmartial shall consist of not less than Seven Commissioned rison CourtsOfficers, except in Bermuda, the Bahamas, Saint Helena, Jamaica, Honduras, Newfoundland, the Australian Colonies, the Windward and Leeward Islands, British Guiana, and the Settlements on the Coast of China, where it may consist of not less than Five Commissioned Officers, and in 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 Soldier to such Punishments as shall accord with the Provisions of this Act; provided that such Court-martial shall not have Power to try a Commissioned Officer nor to pass any Sentence of Death or Transportation. Courts martial. IX. And be it enacted, That a Regimental or Detachment Regimental and Court-martial shall consist of not less than Five Officers, unless Detachment it is found to be impracticable to assemble that Number, when Three may be sufficient, and shall have Power to sentence any Soldier to Corporal Punishment, to Imprisonment, and to For Courts-martial March or in Courts-martial out of the Queen's Dominions. 11 VICT. feiture of Pay, in such Manner as shall accord with the Provisions of this Act. X. And be it enacted, That in Cases of Mutiny and gross Insubordination, or other Offences committed on the Line of March, or on board any Transport Ship, Convict Ship, Merchant Vessel, or Troop Ship not in Commission, the Offence may be tried by a Regimental or Detachment Court-martial, and the Sentence confirmed and carried into execution on the Spot by the Officer in the immediate Command of the Troops, provided that the Sentence shall not exceed that which a Regimental Court-martial is competent to award. XI. And be it enacted, That it shall be lawful for any in special Cases Officer commanding any District, Detachment, or Portion of Her Majesty's Troops which may at any Time be serving out of Her Majesty's Dominions, upon Complaint made to him of any Offence committed against the Property or Person of any Inhabitant of or Resident of any such Countries, by any Person serving with or belonging to Her Majesty's Armies, being under the immediate Command of any such Officer, to convene a Detachment General Court-martial, which shall consist of not less than Three Officers, for the Purpose of trying any such Person; and every such Court-martial shall have the same Powers in regard to Sentence upon Offenders as are granted by this Act to General Courts-martial; provided that no Sentence of any such Court-martial shall be executed until the General commanding the Army to which the Division, Brigade, Detachment, or Party to which any Person so tried, convicted, and adjudged to suffer Punishment shall belong shall have approved and confirmed the same. Mixed Courts of Marines and East India Company. XII. And be it enacted, That, where necessary or expedient, martial in case Officers of Her Majesty's Royal Marines, or Officers in the Service of the East India Company, or Officers of both such Services, may sit on Courts-martial, together with Officers of Her Majesty's Land Forces, whether the Commanding Officer by whose Order such Court-martial is assembled belongs to the Land or to the Marine Forces; and when the Person to be tried shall belong to the Land Forces, then the Proceedings of such Court shall be regulated, to all Intents and Purposes, as if the Court was composed of Officers of Her Majesty's Land Forces only, and the Provisions of this Act, and the Oaths hereby prescribed, shall be applicable to the Proceedings of such Court; but where the Person to be tried shall belong to Her Majesty's Royal Marines, then the Provisions of an Act passed in the present Session of Parliament, for the Regulation of Her Majesty's Royal Marine Forces while on shore, and the Oaths therein prescribed, shall be applicable; and where the Person to be tried shall be in the Service of the East India Company the Provisions of an Act passed in the Third and Fourth Years of the Reign of Her present Majesty, to amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company, and the Oaths thereby prescribed, shall be applicable, notwithstanding any Officer, though |