14 Vic. c. 19. punishment as a general court-martial shall award, not extending British stat. to life. 1851. Crimes, dis not specified articles, to Art. 36. All crimes, not capital, and all disorders and neglects, orders, &c., which officers, non-commissioned officers, or soldiers, may be in these guilty of, to the prejudice of good order and military discipline, be punished and which are not specified in these rules and articles of war, are to be taken cognizance of either by a regimental or a general court-martial, and are to be adjudged and punished by fine not exceeding one hundred pounds, or imprisonment not exceeding twenty-eight days. by a general or regimental court-mar tial. Against tyranny and and frivolous com plaints of Art. 37. Any officer or non-commissioned officer, who shall oppression wilfully or wantonly oppress or maltreat any inferior officer, in superiors, non-commissioned officer, or soldier, shall suffer such punishment by fine or imprisonment, as a general or regimental courtinferiors. martial shall award; but if any complaint, made under this, or any other article, shall appear to the court to be groundless, frivolous, vexatious, or wanton, the complainant shall suffer punishment by fine or imprisonment, or both as the court trying the complaint shall award. No corporal to be Art. 38. No corporal punishment shall be awarded under punishment, this act, or any other act respecting the militia, but imprisonficted but ment or death; and, in all cases of imprisonment, the manner of imprisonment is to be directed by the court awarding the punishment. imprison ment or death. Misconduct of troopers in regard to packets to be punished. Regulations for horse guards. Art. 39. Any trooper or light horseman, who, during martial law, or upon any sudden emergency or alarm, shall refuse or neglect to carry any letter, packet, or despatch on service, or shall be guilty of any delay in carrying, or shall destroy, suppress, or wilfully not deliver, or shall lose, through carelessness, or shall open, or examine, or attempt to examine or discover the contents of, or wilfully suffer to be opened or examined into, any such packet, letter, or despatch, or shall be guilty of any other default or misconduct whatsoever in relation to any such letter, packet, or despatch, shall suffer such punishment as either a general or regimental court-martial shall award not extending to life. Art. 40. Every colonel or commanding officer of a regiment of horse is hereby authorized, from time to time, as there may seem to be occasion, to station the officers, non-commissioned officers, and privates of his regiment, or any of them, at any such place or places, within the district of the regiment, as may be most convenient for performing despatch business or other public service, notwithstanding the appointing and changing such stations may occasion a march or marches from one parish to another; and any officer, non commissioned officer, or trooper, who shall not promptly Island Act. 1851. Order for relieving obey any order for taking or relieving any such station, shall 14 Vic. c. 19. suffer such punishment as either a regimental or general courtmartial shall award, not extending to life: Provided, That no order for taking or relieving any such station shall defeat, or Provisoes. contravene the operation of the article next to follow: And also taking or Provided, That all stations for despatch business shall be stations not appointed by the senior officer for the time being, whether of to contrahorse, or foot, in each parish, as to him shall seem most conveni- article; and ent for the intended service, and if such senior officer shall be of despatch the foot, he shall, from time to time, give orders in that be aprespect to the commanding officer of the horse in the parish. vene next stations for business to pointed by senior officer. officer of foot to Art. 41. For avoiding doubts, it is declared, that for every The senior purpose of actual service, and upon every occasion of alarm, the horse or senior officer for the time being, whether of horse or foot, in any command. parish, is to command, and to be obeyed by all inferior officers, and men, both of horse and foot, in the parish: Provided Proviso. expressly, That sending a field return, or muster-roll or any field return despatch relating to a battalion or regiment of foot, other than or musteran order for turning out in case of an alarm or sudden exigency, considered is not to be considered as an actual service within the meaning service. of this article. Sending roll, &c., not as actual exhibiting failing to Art. 42. Whoever shall exhibit charges against another, for the Against purpose of prosecuting him before a court-martial, and shall fail charges and to appear thereat, shall suffer such punishment as the court- appear to martial shall award, and the person against whom the articles prosecute. were exhibited shall be by such court discharged. frivolous Art. 43. Whoever shall cause another to be prosecuted before Against a court-martial upon a complaint, which such court shall deem prosecuto be groundless, vexatious, or frivolous, shall be liable to be tions. punished by such court, by fine not exceeding fifty pounds, or by imprisonment not exceeding twenty-eight days. the com chief not Art. 44. Nothing in this act contained shall be construed to Power of alter or abridge the power of the commander-in-chief of this mander-inisland for the time being; but in all things he may act as fully bridged by and freely as captain-general and commander-in-chief to all this act. intents and purposes, as if this act had not been made. cate to pro Art. 45. A judge-advocate, or deputy judge-advocate, or Judge-advoother person appointed for the purpose, by any order for a secute court-martial, or by the president of any court-martial, shall prosecute for all offences against this act. offenders. of sen Sec. 2. In no case whatever the sentence of any regimental Limitation court-martial, held for the trial of any offence or offences com- tences. mitted under this act, shall exceed a fine of fifty pounds, or one month's imprisonment. 14 VIC. c. 19. Island Act. 1851. Commissioned offi cers to be tried by general courts-mar tial. Sec. 3. Notwithstanding any thing herein contained, it is the intent and meaning hereof, that a commissioned officer shall not in any case, be tried by any other than a general court-martial. Sec. 6. This act in force from the 1st of May 1851 to the 31st of December 1851, and no longer: Provided always, That no person shall be tried for any offence provided against by this act, except when martial law shall be declared, or in times of actual invasion, insurrection, or rebellion, or when ordered out under a certain act, passed in the forty-eighth year of his late majesty King George III. to authorize and empower the commander-inchief for the time being to cause parties to be raised and fitted out for suppressing any rebellion, and for other purposes. (a) (a) This act, 48 Geo. III. c. 4, repealed by General Repealing Act, 6 Vic. c. 35. 169 INDICTABLE OFFENCES. I. INFORMATIONS-ACTIONS. Island Act. 11 Vic. c. 7.] To sanction the proceedings of judges, and 11 VIC. c. 7. justices, and parochial officers during martial law. ISLD. [31st Dec. 1847.] 1847. magistrates, certain if martial 11 Vic. c. 7, sec. 2.] It shall and may be lawful for the chief The judges, justice of this island and the assistant judges of the supreme and coroners court of judicature, and all and every the justices of peace in may act in this island to act in their several stations and capacities in all matters as criminal matters cognizable before them respectively, by com- law were mitting or bailing the offender or offenders, or binding over not in force. parties or witnesses, to prosecute in the same manner as they or any of them might have done in case martial law was not in force; and the coroners of the several parishes of this island, or any of them, are hereby likewise empowered and required to execute his or their office in every respect, notwithstanding such the continuance of martial law. 7. This act in force to 31st December, 1857. 18 ELIZ. c. 5.] To redress disorders in common informers. ENG. [1576.] 18 ELIZ. C. 5. Engl. stat. 1576. an informer in prose suit, and his if he abuse 18 Eliz. c. 5. sec. 1.] For redressing divers disorders in The duty of common informers, and for better execution of penal laws, Be it enacted, That every informer upon any penal statute shall cuting a exhibit his suit in proper person and pursue the same only by punishment himself or by his attorney in court; and that none shall be it. admitted or received to pursue against any person or persons upon any penal statute but by way of information or original action, and not otherwise; nor shall have ne use any deputy or deputies at all; and that upon every such information which shall be exhibited, a special note be made of the very day, month, and year of the exhibiting thereof into any office, or to 18 ELIZ. C. 5. Engl. stat. 1576. any officer, which lawfully may receive the same without any manner of antedate thereof to be made, and that the same information be accounted and taken to be of record from that time forward and not before: And be it likewise enacted, That no process be sued out upon any such information in that behalf made is grounded, and that every clerk making out process contrary to the tenor and provision of this act shall forfeit and lose 40s. for every such offence; the one half to be to the queen's majesty, her heirs and successors, and the other half to the party against whom any such defective process shall be awarded, to be recovered in any court of record, by action of debt or information, in which no essoin, protection, injunction, or wager of law shall be permitted or allowed. 31 ELiz.c. J. Engl. stat. 1589. 18 Eliz. c. 3. In information upon penal statutes the County offence was be ex 31 ELIZ. c. 5.] Concerning informers. ISLD. [ENGL. 1589.] 31 Eliz. c. 5, sec. 1.] For that divers of the queen's majesty's subjects be daily unjustly vexed and disquieted by divers common informers upon penal statutes, notwithstanding any former statute that hath been heretofore made against their where the disorders: For remedy whereof, Be it enacted, That in any done must declaration or information, at any time to be had, brought, sued, prossed, &c. or exhibited, the offence against any penal statute shall not be laid to be done in any other county, but where the contract, or other matter alleged to be the offence, was in truth done: And that every defendant in such action or information shall and lawfully may traverse and allege, that the offence supposed by the same suit to be committed, was not committed in the county I where such offence is alleged; which being tried for the defendant, or if the plaintiff be thereupon nonsuit in his information or suit, that, when the plaintiff shall be barred in that action or information, any law or use to the contrary notwithstanding. Officers of record shall not be bound by this act. Offences whereof 3. Provided always, That this act, nor anything herein contained, shall in anywise extend to any such officers of record, as have, in respect of their offices heretofore lawfully used to exhibit informations, or sue upon penal laws; but that they and every of them may inform and pursue in that behalf, as they might have done before the making of this act; anything in this act to the contrary in anywise notwithstanding. 4. And provided also, That this act, nor anything herein information contained, shall extend to the laying or alleging of any offence any declaration or information, for or concerning any champerty, buying of titles, or extortion, or for any matter of corrupt may be given in any county. |