c. 33. try any to extend, to empower any court-martial to be constituted by 22 Geo. 11. virtue of this act, to proceed to the punishment or trial of any British tat. of the offences specified in the several articles contained in this 1749. act, or of any offence whatsoever (other than the offences speci- Court-marfied in the fifth, thirty-fourth, and thirty-fifth, of the articles and tial not to orders in this act), (a) which shall not be committed upon the offences main sea, or in great rivers only, beneath the bridges of the except, &c. said rivers, nigh to the sea, or in any haven, river, or creek, within the jurisdiction of the admiralty, and which shall not be committed by such persons as at the time of the offence committed shall be in actual service and full pay in the fleet or ships of war of his majesty, his heirs or successors, such persons only excepted, and for such offences only as are described in the fifth of the foregoing articles and orders. 5. Nothing in this act contained shall extend, or be construed to extend, to empower any court-martial, to be constituted by virtue of this act, to proceed to the punishment or trial of any land officer or soldier on board any transport ship, for any of the offences specified in the several articles contained in this act. of the pow ers under this act. 25. Nothing in this act contained shall extend, or be con- Limitation strued to extend to take away from the lord high admiral of Great Britain, or the commissioners for executing the office of lord high admiral of Great Britain, or any vice-admiral, or any judge or judges of the admiralty, or his or their deputy or deputies, or any other officers or ministers of the admiralty, or any others having or claiming any admiral power, jurisdiction, or authority within this realm, or any other the king's dominions or from any person or court whatsoever, any power, right, jurisdiction, pre-eminence or authority, which he or they, or any of them, lawfully hath, have, or had, or ought to have and enjoy, before the making of this act, so as the same person shall not be punished twice for the same offence. c. 27. British stat. 29 GEO. II. c. 27.] For extending the act 22 Geo. II. c. 33, 20 GEO. II. (ante) to such officers, seamen, and others, as shall serve on board his majesty's ships or vessels employed upon the lakes, great waters, or rivers, in North America. BRIT. [1756.] 29 Geo. II. c. 27.] Whereas divers of his majesty's ships or vessels are at present, and may hereafter be occasionally employed in and upon certain lakes, great waters, or rivers, in North America, not within the body of any county actually (") See NAVY (offences relating tc). (Post.) 1756. c. 27. British stat. 1756. 29 GEO. II. settled by the king's subjects, and under the regular government of his laws and courts, although the same may be within his majesty's dominions. Now in order to obviate any doubts which may arise touching the good regulation and government of all such officers, seamen, and others, as do, or for the time being shall, serve on board any of his majesty's said ships or vessels so employed as aforesaid: Be it enacted, That the act of parliament, 22 Geo. II. c. 33, intituled, An act for amending, explaining and reducing into one act of parliament, the laws relating to the government of his majesty's ships, vessels, and forces by sea: and all and every the articles, orders, powers, authorities, clauses, matters and things therein mentioned and contained, shall be, and shall be deemed and taken to be in full force, and shall be observed, used, exercised, performed and executed for the trial and punishment of all and every, or any such offences or offence specified or mentioned in the same act of parliament, which have been or shall be committed by any officers, seamen, or other persons respectively, who do, or for the time being shall, serve on board of any of his majesty's said ships or vessels employed in or upon such lakes, great waters, or rivers, in North America, as fully and effectually, to all intents and purposes, as if the same offences or offence had been committed upon the main sea, or in great rivers, beneath the first bridges of the said rivers, nigh to the sea, or in any haven, river or creek within the jurisdiction of the admiralty of Great Britain. 19 GEO. III. c. 17. 19 GEO. III. c. 17.] To explain and amend the act 22 Geo. II. British stat. C. 33 (ante). BRIT. [1779.] c. 33, 1779. 19 Geo. III. c. 17, sec. 1.] Whereas it hath been found by experience, that the confining members of courts-martial to the ship in which such courts-martial shall first assemble, until sentence be given, hath been attended with great inconveniencies and prejudice to the healths of officers summoned to 22 Geo. II. attend as members of courts-martial: Be it therefore enacted, That so much and such part of the 22 Geo. II. c. 33, as directs that no member of any court-martial, after the trial is begun, shall go on shore till sentence be given, but remain on board the ship in which the court shall first assemble, except in case of sickness, to be adjudged of by the court, upon pain of being cashiered from his majesty's service, and that the proceedings of the said court shall not be delayed by the absence of any of its members, provided a sufficient number doth remain to compose the said court, which is thereby required to sit from day to day (Sunday always excepted) until the sentence be given, shall be, and the same is hereby repealed and made void, to all intents and purposes whatsoever. in part repealed. c. 17. Proceedings 2. The proceedings of any court-martial shall not be delayed 19 GEO. III. by the absence of any of its members, provided a sufficient British stat. number doth remain to compose such court, which shall, and is 1779. hereby required to sit from day to day (Sunday always ex- sittings of cepted) until the sentence be given, any thing herein before courts. contained to the contrary thereof in any wise notwithstanding; not to be and no member of the said court-martial shall absent himself delayed by from the said court during the whole course of the trial, members. pain of being cashiered from his majesty's service, except in Absencecase of sickness, or other extraordinary and indispensable occa- cusable, sion, to be judged of by the said court. upon 3. Whereas the restraining the power of the court-martial to the inflicting of the punishment of death in the several cases recited in the clauses (12 and 13 of the stat. 22 Geo. II. c. 2, ante) as to cowardice, negligence, and disaffection, (a) may be attended with great hardship and inconvenience: Be it enacted, That it shall be lawful in the several cases recited in the said clauses for the court to pronounce sentence of death, or to inflict such other punishment as the nature and degree of the offence shall be found to deserve. absence of when ex 10 and 11 VIC. c. 59.] For amending the act, 22 Geo. II. 10 & 11 Vic. c. 33 (ante). BRIT. [2nd July, 1847.] c. 59. British stat. c. 33. 1847. 10 and 11 Vic. c. 59, sec. 1.] Whereas by the act 22 Geo. 22 Geo. II. II. c. 33 (ante), courts-martial holden and appointed by virtue of that act are, in certain cases, authorized and required to pronounce judgment of death; and it is expedient that in all cases (except murder, buggery, or sodomy with man or beast), such courts-martial shall be authorized to abstain from pronouncing judgment of death, if such courts-martial shall think fit, and to impose such other punishment as the nature and degree of the offence shall be found to deserve: Be it there- Courts-marfore enacted, That it shall be lawful for any such court-martial, a di-cretionholden and appointed as aforesaid, either to pronounce judgment ary power in of death in all cases in which by law such court is now autho- sentences in rized or required so to do, or, if such court shall so think fit, in except all such cases (except murder, and buggery or sodomy with man or beast), to impose such other punishment as the nature and degree of the offence shall be found to deserve. tial to have awarding all cases, murder, 2. It shall be lawful for any such court-martial, holden and Courts-marappointed as aforesaid, to try any person, who at the time of tial may (a) See NAVY (offences relating to). (Post.) take cogni c. 59. 10 & 11 Vic. the offence committed, shall be in actual service and full pay in British stat. the fleet or ships of war of her majesty, for manslaughter, whether committed within the jurisdiction of the admiralty or 1847. out of any of her majesty's dominions on shore, and to impose upon every such person, so convicted of manslaughter by the sentence of such court, such punishment other than death as the degree of the offence shall be found to deserve. zance of man slaughter. Oath to be administered to members of tial. 3. Upon all trials of offenders by any court-martial, holden and appointed as aforesaid, all the officers present who are to courts-mar- constitute such court shall, before they proceed to such trial, take the oath hereinafter mentioned, before the court, instead of the oath appointed by the said act, which oath the judge advocate or his deputy, or the person appointed to officiate as such, is hereby authorized and required to administer in the words following: (that is to say,) The oath. tered to "I do swear, that I will duly administer justice according to the laws in force for the government of her majesty's ships, vessels, and forces by sea, without partiality, favour or affection; and if any case shall arise which is not particularly mentioned in any such laws, I will duly administer justice according to my conscience, the best of my understanding, and the custom of the navy in like cases; and I do further swear, that I will not, on any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of this court-martial, unless thereunto required in the due course of law."-SO HELP ME GOD. Oath to be And as soon as the said oath shall have been administered to adminis- the respective members, the president of the court is hereby judge-advo- authorized and required to administer to the judge advocate, or his deputy, or the person officiating as such, instead of the oath appointed by the said act, an oath in the following words: cate. The oath, "I do swear, that I will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless thereunto required in due course of law."—SO HELP ME GOD. 10 & 11 VIC c. 62. 10 and 11 VIC. c. 62.] For the establishment of naval prisons, British stat, and for the prevention of desertion from her majesty's navy. BRIT. [2nd July, 1847.] 1847. 10 and 11 Vic. c. 62, sec. 1.] Whereas by the laws and customs of her majesty's navy officers commanding her majesty's c. 62. 1847. where offl ships are to order tial, they may inflict punishment ships and vessels are empowered to order corporal punishment 10 & 11 Vic. to be inflicted on men in her majesty's service for various offen- British stat. ces, for the purpose of preserving and enforcing discipline, without the offenders being tried by court-martial: and whereas it is expedient that officers commanding her majesty's ships and vessels should have the power of inflicting summary punishment by imprisonment; and it is also expedient that the lord high admiral, and the commissioners for executing the office of lord high admiral, shall have power to establish and regulate naval prisons, and that further provision shall be made for the apprehension of deserters, and for checking desertion from her majesty's navy: Be it therefore enacted, That in all cases in which officers In caser commanding her majesty's ships and vessels are empowered to cers comorder corporal punishment without the offender being tried by manding court-martial, it shall be lawful for such officers commanding empowered any ship or vessel of her majesty within the limits of any port, courts-marif they think fit, and without the offender being tried by courtmartial, to order such corporal punishment to be inflicted corporal according to the laws and customs of her majesty's navy, or or imprito order the offender to be imprisoned for any period not exceed- instead. ing twenty-eight days, to be computed from the date of the order, in any place, ship, or vessel, either afloat or on shore, which the lord high admiral of the united kingdom of Great Britain and Ireland, or the commissioners for executing the office of lord high admiral of the united kingdom of Great Britain and Ireland, may at any time or times appoint for the purpose, and where no such place, ship, or vessel shall have been so appointed, in any public prison, gaol, or house of correction in her majesty's dominions, and such imprisonment may be with or without hard labour, and the offender shall be kept in solitary confinement for any portion of such imprisonment, not exceeding ten days in the whole, or not, as any such order shall direct; but any such order for imprisonment shall not have any force Order for or effect until the same shall have been approved of by writing under the hand of the naval officer commanding at the approved of port where the vessel to which the offender belongs may be. (a). sonment imprisonment to be by commander-inchief. not entitled reckon 5. Every person belonging to her majesty's navy who shall Prisoners be summarily imprisoned under the provisions of this act, shall to wages, or not be entitled to any pay or wages, or to reckon service for or tone while towards pay, wages, or pension, for any period during which he in confineshall be so imprisoned. (b) (a) Secs. 2, 3, and 4. See PRISONS, &c. (Post.) ment. |