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Previous Con. victions to be put in Evidence.
CA P. XII.
(16th March 1855.] [This Act is the same, except as to Dates and the Parts here
inserted, as 17 & 18 Vict. c. 6.] XVIII. After a Prisoner has been found guilty of any Charge or Charges the Court before which any such Prisoner shall have been tried may, before passing Sentence on such Prisoner, and for the Purpose only of affixing Punishment, receive in Evidence against him any previous Convictions by Courts-martial; and in like Manner and for the like Purpose the Court shall receive in Evidence any previous Conviction of such Prisoner by a Court of ordinary Criminal Jurisdiction, where the Offence charged in the Indictment, so far as the Charge of which he was convicted, was of a felonious, fraudulent, or unnatural Nature ; and in the Case of Convictions by Courts-martial, duly confirmed, the Court-martial Book or the Divisional or Company's Defaulters Book, and when none of those Books can conveniently be produced, a Certificate, which shall purport to contain a Copy of the Entry of such Convictions in such Books or any of them, and which shall be signed by the Adjutant or other Officer having the Custody of the Courtmartial Book or of the Defaulters Book of the Division or Company to which the Prisoner belongs, shall be sufficient Evidence of such Conviction ; and it shall not be necessary to prove the Signature or official Character of the Person appearing to have signed such Certificate, nor, if the Court be satisfied from all the Circumstances of the Case that the Prisoner under Trial is the Person mentioned in any such Certificate, shall it be necessary to give other Proofs of the Identity of the Person of the Offender; and in the Case of a Conviction by a Court of ordinary Criminal Jurisdiction, any Certificate transmitted as herein provided to the Officer commanding by the Clerk of any such Court or other Officer having Custody of the Records of such Courts, or the Deputy of such Clerk, containing the Substance and Effect of any Indictment, omitting the formal Part, together with the Judgment of the Court thereon, and purporting to be signed by such Clerk or other Officer, or by the Deputy of such Clerk, or if such Certificate cannot conveniently be obtained, a Copy thereof duly certified by the Officer producing it, shall be sufficient Evidence of such last-mentioned Conviction ; and it shall not be necessary to prove the Signature or official Character of the Person appearing to have signed such last-mentioned Certificate, nor, if the Court be satisfied from all the Circumstances of the Case that the Prisoner under Trial is the Person mentioned in such Certificate, shall it be necessary to give other Proofs of the Identity of the Person of the Offender : Provided always, that before any such Evidence shall be received it shall be proved to the Satisfaction of the Court that the said Prisoner had previously to his Trial received Notice of the Inten
tion to produce such Evidence against him; and provided also, that the Court shall in no Case award to him any cther Punishment or Punishments than may by this Act and by the Articles of War be awarded for the Offence of which he shall have been so found guilty.
XXIII. Whensoever any General Court-martial by which any Commutation Marine shall have been tried and convicted of any Offence punish- of Death for
tation. able with Death shall not think the Offence deserving of Capital Panishment, such Court-martial may adjudge the Offender, according to the Degree of the Offence, to Penal Servitude or to be transported as a Felon for Life or for a certain Term of Years not less than Fourteen Years, or may sentence him to general Service as a Marine or as a Soldier in any Corps and in any Country or Place which Her Majesty shall thereupon direct, or may, if such Offender shall have enlisted for a limited Term of Years, sentence him to serve for Life as a Marine or as a Soldier in any Corps which Her Majesty shall please to direct : Provided always, that in all Cases where a Capital Punishment shall have been awarded by a General Court-martial or by a Detachment General Courtmartial it shall be lawful for Her Majesty, or, if in the East Indies, for the Officer commanding in chief the Forces in India, or if out of Her Majesty's Dominions (the Ionian Islands excepted) for the Officer commanding in chief Her Majesty's Forces there serving, instead of causing such Sentence to be carried into execution, to order the Offender to be kept to Penal Servitude or to be transported as a Felon either for Life or for a certain Term of Years not less than Fourteen, or to suffer such Term of Imprisonment, either with or without Hard Labour, as shall seem meet to Her Majesty, or, if in the East Indies, or out of Her Majesty's Dominions (the Ionian Islands excepted), to the Officers commanding as aforesaid.
XXXI. Any General Court-martial may, in addition to any Forfeiture of other Punishment which it may be competent to award, sentence Pay and Penany Offender to Forfeiture of all Advantage as to additional Pay. sion by SenGood-conduct Pay, and to Pension on Discharge, which might
martial. have otherwise accrued from the Length of his former Service, or to Forfeiture of such Advantage absolutely, whether it might have accrued from past Service, or might accrue from future Service, or to Forfeiture of any Annuity and Medal which may have been granted for former meritorious Service, or of the Gratuity and Medal awarded for former good Conduct, according to the Nature of the Case; and any District or Garrison Court-martial may also, in addition to any Sentence which such Court may award, sentence any Offender to such Forfeiture for Desertion, or for disgraceful Conduct, In wilfully maiming or injuring himself or any other Marine,
whether at the Instance of such other Marine or not, or of causing himself to be maimed or mutilated by any other Person, with Intent thereby to render himself or such other Marine unfit for Service : 18 & 19 Vict.
Forfeiture of Pay for Drunkenness on Duty.
In wilfully doing any Act, or wilfully disobeying any Orders, whether in Hospital or otherwise, thereby producing or aggra
vating Disease or Infirmity, or delaying his Cure : In malingering or feigning Disease : In tampering with his Eyes, with Intent thereby to render him· self unfit for the Service : In stealing or embezzling Government Property or Stores, or in
receiving the same knowing the same to have been stolen : - In stealing any Money or Goods the Property of a Comrade, of . a Marine Officer, or of any Marine Mess or Band, or in re
ceiving any such Money or Goods knowing the same to have been stolen : In making any false or fraudulent Accounts, Returns, Matters,
or Entries, or assisting or conniving at the same being made, or producing the same as true, knowing the same to be false
or fraudulent: In stealing or embezzling or fraudulently misapplying Public
Money intrusted to him :
Civil, Marine, or Military :
or unnatural Kind.
XXXVI. In addition to any other Punishment which the Court. may award, a Court-martial may further direct that any Offender may be put under Stoppages until he shall have made goodAny Loss, Disposal of, or Damage occasioned by him in any of
the Instances of disgraceful Conduct herein specified: Any Loss, Disposal of, or Destruction of, or Damage or Injury
to, any Property whatsoever, occasioned by his wilful or neg.
ligent Misconduct : , Any Loss, Disposal of, or Destruction of, or Damage or Injury
to, his Arms, Clothing, Instruments, Equipments, Accoutrements, or Necessaries, or any extra Article of Clothing or Equipment that he may have been put in possession of and ordered to wear on the Recommendation of the Surgeon for the Benefit of his Health, or making away with or pawning any Medal for Service or for general good Conduct which may have been granted to him by Order of Her Majesty or by Order of the East India Company, or any Loss, Disposal of, or Destruction of, or Damage or Injury to, the Arms, Clothing, Instruments, Equipments, Accoutrements, or Necessaries of any Officer or Marine,occasioned by his wilful or negligent Misconduct :
Any Expense necessarily incurred by his Drunkenness or other
Misconduct : Provided always, that, except in the Case of the Loss, Disposal of, or Destruction of, or Damage or Injury to, Arms, Clothing, Instruments, Equipments, Accoutrements, or Necessaries, in which Case the Court may by its Sentence direct that the said Stoppages shall continue till the Cost of replacing or repairing the same be made good, the Amount of any Loss, Disposal, Destruction, Damage or Injury, or Expense, shall be ascertained by Evidence, and the Offender shall be placed under Stoppages for such an Amount only as shall be proved to the Satisfaction of the Court: Provided also, that after satisfying the Charges for his messing and washing, so much only of the Pay of the Marine may be stopped and applied as shall leave him a Residue at the least of One Penny a Day.
XXXIX. A General or District or Garrison Court-martial may Power of Imsentence any Marine to Imprisonment, with or without Hard prisonment by Labour, and may also direct that such Offender shall be kept in different kinds Solitary Confinement for any Portion or Portions of such Impri- ot. Courts-mar. sonment not exceeding Fourteen Days at a Time, nor Eighty-four Days in any One Year, with Intervals between the Periods of Solitary Confinement of not less Duration than such Periods ; . and when the Imprisonment awarded shall extend beyond Three Months, the Court-martial shall imperatively order that the Solitary Confinement shall not exceed Seven Days in any One Month of the whole Imprisonment awarded with Intervals between the Periods of Solitary Confinement of not less Duration than such Periods; and any Divisional or Detachment Court-martial may sentence any Marine to Imprisonment, with or without Hard Labour, for any Period not exceeding Forty-two Days, and may also direct that such Marine may be kept in Solitary Confinement for any Portion or Portions of such Imprisonment, not exceeding Fourteen Days at a Time, with an Interval between them of not less Duration than such Periods of Solitary Confinement: Provided always, that when any Court-martial, whether General, Garrison, or District, or Divisional or Detachment, shall direct that the Imprisonment shall be solitary only, or when any Sentence of Corporal Punishment shall have been commuted to Imprisonment only, the Period shall in no Case exceed Fourteen Days.
XLIII. Every Governor, Provost Marshal, Gaoler, or Keeper Custody of Priof any public Prison, or of any Gaol or House of Correction in any soners under Part of Her Majesty's Dominions, shall receive into his Custody Mil
tence in Comany Military Offender under Sentence of Imprisonment by a Ge
mon Gaols. neral or other Court-martial, upon Delivery to him of an Order in Writing in that Behalf from the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, or from the Officer commanding the Division or Detachment to which the Offender belongs or did last belong or is attached, which Order shall specify the Period of Imprisonment or Remainder of Imprisonment which the Offender is to undergo, and the Day and Hour of the Day on which he is to be released or be otherwise disposed of; and such Governor, Provost Marshal, Gaoler, or Keeper shall D2
keep such Offender in a proper Place of Confinement, with or without Hard Labour, and with or without Solitary Confinement, according to the Sentence of the Court, and during the Time specified in the said Order, or until he be discharged or delivered over to Military Custody before the Expiration of that Time, under an Order duly made for that Purpose ; ard whenever Marines are called out in aid of the Civil Power, or are stationed in Billets, or are on the Line of March, every Governor, Provost Marshal, Gaoler, or Keeper of any public Prison, Gaol, House of Correction, Lock-up House, or other Place of Confinement, shall receive into his Custody any Marine for a Period not exceeding Seven Days, upon Delivery to him of an Order in Writing in that Behalf from the Officer commanding such Marine ; and any Governor, Provost Marshal, Gaoler, or Keeper of any public Prison, Gaol, House of Correction, Lock-up House, or other Place of Confinement, who shall refuse to receive and to confine, or to discharge or deliver over, any Marine Offender in the Manner herein prescribed, shall forfeit for every such Offence the Sum of One hundred
Pounds. Marines liable LVI. Any Person enlisted into Her Majesty's Royal Marine to be taken out Forces as a Marine shall be liable to be taken out of Her Majesty's of Her Majes Service only by Process or Execution on account of any Charge ty's Service
of Felony, or on account of Misdemeanor other than the Misdeonly for Felony and certain
meanor of refusing to comply with an Order of Justices for the Misdemeanors, Payment of Money, or on account of an original Debt proved by or for Debts Affidavit of the Plaintiff or of some one on his Behalf to amount amounting to to the Value of Thirty Pounds at the least over and above all Costs 30l. and up
of Suit in the Action or Actions, such Affidavit to be sworn, withwards;
out Payment of any Fee, before some Judge of the Court out of which Process or Execution shall issue, or before some Person authorized to take Affidavits in such Court, of which Affidavit, when duly filed in such Court, a Memorandum shall, without Fee, be endorsed upon the Back of such Process, stating the Fact sworn
to, and the Day of filing such Affidavit; but no Marine or other but not liable Person as aforesaid shall be liable by any Process whatever to to be taken out appear before any Justice of the Peace or other Authority whatof Her Majes
Majes. soever, or to be taken out of Her Majesty's Service by any Writ, ty's Service for not maintaining
Summons, Order, Warrant, Judgment, Execution, or any Process their Families whatever issued by or by the Authority of any Court of Law, or or for Breach any Magistrate, Justice or Justices of the Peace, or any other of Contract. Authority whatsoever, for any original Debt not amounting to
Thirty Pounds, or for not supporting or maintaining, or for not having supported or maintained, or for leaving or having left his Family or any Part thereof chargeable to any Parish, Township, or Place, or to the Common Fund of any Union, any Relation or Child which such Marine or Person might, if not in Her Majesty's Service, be compellable by Law to relieve or maintain, or for neglecting to pay to the Mother of any Bastard Child, or to any Person who may have been appointed to have the Custody of such Child, any Sum to be paid in pursuance of an Order in that Behalf, or for the Breach of any Contract, Covenant, Agreement, or other