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prize be lawful capture, there to be viewed, made use of, and proceeded upon, according to law, upon pain that every person offending herein shall be dismissed from Her Majesty's Service, or shall suffer such other punishment as is hereinafter mentioned, and in addition thereto shall forfeit and lose his share of the capture.
XXXVI. No person subject to this Act shall take out of any prize or ship seized for prize any money, plate, or goods, unless it shall be necessary for the better securing thereof, or for the necessary use and service of any of Her Majesty's ships and vessels of war, before the same be adjudged lawful prize in some Admiralty Court; but the full and entire account of the whole without embezzlement shall be brought in, and judgment passed entirely upon the whole, without fraud, upon pain that every person offending herein shall be dismissed from Her Majesty's Service, with disgrace, or suffer such other punishment as is hereinafter mentioned, and in addition thereto forfeit and lose his share of the capture.
XXXVII. If any ship or vessel shall be taken as prize, none of the officers, mariners, or other persons on board her shall be stripped of their clothes, or in any sort pillaged, beaten, or evil intreated, upon pain that the person or persons so offending shall be dismissed from Her Majesty's Service, with disgrace, or suffer such other punishment as is hereinafter mentioned.
Offences punishable by Ordinary Law. XXXVIII. Every person subject to this Act who shall be guilty of murder shall suffer death. If he shall be guilty of manslaughter he shall suffer penal servitude, or such other punishment as is hereinafter mentioned. If he shall be guilty of sodomy with man or beast he shall suffer penal servitude. If he shall be guilty of indecent assaults he shall suffer penal servitude, or such other punishment as is hereinafter mentioned.
If he shall be guilty of robbery or theft he shall suffer penal servitude, or such other punishment as is hereinafter mentioned.
If he shall be guilty of any other criminal offence which, if committed in England, would be punishable by the law of England, he shall, whether the offence be or be not committed in England, be punished either in pursuance of the first part of this Act as an Act to the prejndice of good order and naval discipline not otherwise specified, or the offender shall be subject to the same punishment as might be awarded by any ordinary criminal tribunal competent to try the offender, if the offence had been committed in England.
XXXIX. For all offences specified or referred to in this Act, if committed by any person subject thereto in any harbour, haven, or creek, or on any lake or river, whether in or out of the United Kingdom, or anywhere within the jurisdiction of the Admiralty,
or at any place on shore out of the United Kingdom of Great Britain and Ireland, or in any of Her Majesty's dockyards, victualling yards, steam factory yards, or on any gun wharf, or in any arsenal, barrack, or hospital belonging to Her Majesty, whether in or out of the said United Kingdom, the offender may be tried and punished under this Act, and for all offences herein before specified under the headings, “ Misconduct in the Presence of the Enemy," "Communications with the Enemy," “ Neglect of Duty, “ Insubordination,” “Desertion and Absence without Leave," or “ Miscellaneous Offences,” if committed by any person subject to this Act at any place on shore, whether in or out of the said United Kingdom, the offender may be tried and punished under this Act.
PART II.-GENERAL PROVISIONS. XLII. All armed rebels, armed mutineers, and pirates shall be deemed to be enemies within the meaning of this Act.
PART III.-REGULATIONS AS TO PUNISHMENTS. XLVI. 3. The punishment of death shall not be passed on any prisoner until the sentence has been confirmed by the Admiralty or by the Commander-in-Chief on a Foreign Station.
Constitution of Courts-martial. L. 3. A Court-martial shall not be held unless at least 3 of Her Majesty's ships, not being tenders, and not commanded by officers under the rank of lieutenant, are together at the time when such Court-martial is held.
11. If any officer holding a commission from the Admiralty to order Courts-martial, having the command of a fleet or squadron, and being in Foreign Parts, die, be recalled, leave his station, or be removed from his command, the officer upon whom the command of the fleet or squadron devolves, and so from time to time the officer who shall have the command of the fleet or squadron, shall, without any commission from the Admiralty, have the same power to order Courts-martial as the first-mentioned officer was invested with.
12. If any officer holding a commission from the Admiralty to order Courts-martial, and having the command of any fleet or squadron of Her Majesty's ships in Foreign Parts, shall detach any part of such fleet or squadron, he may, by commission under his hand, empower the commanding officer of the squadron or detachment ordered on such separate service, and in case of his death, or ceasing so to command the officer to whom the command of such separate squadron or detachment shall belong, to order Courts-martial during the time of such separate service, or until such authority shall be revoked, or until the officer commanding
the detachment shall come under the command of another superior officer, or shall return to the United Kingdom.
Proceedings of Courts-martial. LVI. Every person, civil, naval, and military, who may be required to give evidence before a Court-martial, shall be summoned by the Judge-Advocate ; and all persons so summoned and attending as witnesses before any Court-martial shall, during their necessary attendance in or on such Court, and in going to and returning from the same, be privileged from arrest, and shall, if unduly arrested, be discharged by the Court out of which the writ or process issued by which such witness was arrested, or if such Court be not sitting, then by any Judge of the Superior Courts of Westminster or Dublin, or the Court of Session in Scotland, or of the Courts of Law in the East or West Indies, or elsewhere, according as the case shall require, upon its being made to appear to such Court or Judge, by any affidavit in a summary way, that such witness was arrested in going to or returning from or attending upon such Court-martial; and all witnesses so duly summoned as aforesaid who make default in attending on such Courts, or attending refuse to be sworn or make affirmation, or being sworn or having made affirmation refuse to give evidence, or to answer all such questions as the Court may legally demand of them, or prevaricate in giving their evidence, shall, upon certificate thereof under the hand of the President of such Court-martial, be liable to be attached in the Court of Queen's Bench in London or Dublin, or the Court of Session, or Sheriff Depute or Stewart's Deputé, or their respective substitutes, within their several shires and Stewartries, in Scotland, or Courts of Law in the East or West Indies, or in any of Her Majesty's Colonies, garrisons, or dominions in Europe, or elsewhere, respectively, upon complaint made, in like manner as if such witness, after having been duly summoned and subpænaed, had neglected to attend on a trial in any proceeding in the Court in which such complaint is made, or had refused to be sworn, or on being sworn had refused to give evidence, or to answer all such questions as the Court may legally demand, or had prevaricated in giving evidence, or if the Court-martial shall think fit, in case any such person belong to Her Majesty's Navy, being called upon to give evidence at any Court-martial, shall refuse or neglect to attend to give his evidence upon oath or affirmation, or shall prevaricate in his evidence, or behave with contempt to the Court, such Court-martial may punish every such offender by imprisonment not longer than 3 months, in case of such refusal, neglect, or prevarication, nor longer than 1 month in the case of such contempt ; and every person not subject to this Act who may be so summoned to attend shall be allowed and paid his reasonable expenses, under the authority of the Admiralty, for such attendance.
LIX. Every Judge-Advocate, or person officiating as JudgeAdvocate, shall transmit, with as much expedition as may be, the original proceedings and sentence of every Court-martial attended by him to the Commander-in-Chief or senior officer, who shall transmit them to the Secretary of the Admiralty for the time being, and any person tried by a Court-martial shall be entitled, on demand, to a copy of such proceedings and sentence, at any time not sooner than 6 months after the trial, if the same takes place in the Mediterranean, 3 months if at any other naval station within Europe, and 12 months if elsewhere, upon payment for the same at the rate of 4 pence per folio of 72 words, but no such demand shall be allowed after the space of 3 years from the date of the final decision of such Court-martial.
PART V.-PENAL SERVITUDE AND PRISONS. LXI. When any sentence of death shall have been commuted for penal servitude, or when any person subject to this Act shall have been condemned to penal servitude, it shall be lawful for the Admiralty, or any Commander-in-Chief on any Foreign Station, or the commanding officer of the ship to which such person belongs or has belonged, to cause him to be detained and conveyed to any one of Her Majesty's ships, or any gaol or prison, there to remain in safe custody until he is removed therefrom by the order of the Admiralty, or any such Commander-in-Chief or other due authority, or under an order for his penal servitude, to be made by some Justice of the Queen's Bench or Common Pleas or Baron of the Exchequer as aforesaid, and a certificate of his sentence (such certificate to be signed by the Secretary of the Admiralty, or by any such Commander-in-Chief, or such commanding officer), shall be a sufficient authority to the commanding officer of the ship to which he may be sent, or to the governor, keeper, or superintendent of the goal or prison, to receive and detain him.
LXIV. Every term of penal servitude or of imprisonment in pursuance of this Act shall be reckoned as commencing on the day on which the sentence was awarded, and the place of imprisonment, whether the imprisonment was awarded as an original or as a commuted punishment, shall be such place as may be appointed by the Court or the commanding officer awarding the punishment, or which may from time to time be appointed by the Admiralty, or by the Commander-in-Chief on any Foreign Station, and may be one of the naval prisons appointed under this Act, or any common gaol, house of correction, or military prison within Her Majesty's dominions.
LXVII. Whenever any prisoner is undergoing imprisonment in pursuance of this Act, it shall be lawful for the Admiralty, or any Commander-in-Chief on any Foreign Station, or where an offender has been imprisoned by order of his commanding officer, for such commanding officer, or the Admiralty or any such Com
mander-in-Chief, to give an order in writing directing that the prisoner be discharged ; and it shall also be lawful for the Admi. ralty or any such Commander-in-Chief, and any officer commanding any of Her Majesty's ships, by order in writing, to direct that any such prisoner be delivered over to naval custody for the purpose of being brought before a Court-martial, either as a witness, or for trial or otherwise, and such prisoner shall accordingly, on the production of any such order, be discharged, or be delivered over to such custody.
LXX. The Admiralty may set apart any buildings or vessels, or any parts thereof, as naval prisons, and any buildings or vessels, or parts of buildings or vessels, so set apart, shall be deemed to be naval prisons within the meaning of this Act, and all powers and authorities with respect to county gaols or houses of correction, which now are, or which may hereafter be, vested in any of Her Majesty's Principal Secretaries of State, shall, with respect to all such naval prisons, belong to the Admiralty ; and it shall be lawful for the Admiralty from time to time to make, alter, and repeal Regulations for the government and superintendence of any such naval prison, and of the officers and servants thereof, and of offenders confined therein, and from time to time to appoint inspectors and all other necessary officers and servants for any such naval prison, and, as occasion may arise, to remove the inspectors, officers, or servants of any such naval prison; and the senior officer at any port or place, or on any station, where there may be any such naval prison, or such senior officer and such other person and
persons as the Admiralty may from time to time appoint, shall be a visitor or visitors of such prison ; and every inspector, visitor, or officer, having the charge or command of any such naval prison respectively, shall, subject to such rules and regulations as may from time to time be made as aforesaid, have and exercise, in respect of such prison, and of the officers and servants thereof, and of the prisoners confined therein, all the powers and authorities, as well in respect of administering oaths as otherwise, which any inspector, visiting justice, or governor of a county gaol or house of correction may respectively exercise as such.
PART VI.-SUPPLEMENTAL PROVISIONS. LXXIV. This Act may be cited for all purposes as “The Naval Discipline Act, 1861."
LXXV. This Act shall be in force within the United Kingdom ; and as regards the United Kingdom, “ The Naval Discipline Act, 1860,"* shall be repealed from and after 1 calendar month from the passing hereof; and as regards elsewhere, this Act shall be in force, and " The Naval Discipline Act, 1860,” shall be repealed, from and after 4 calendar months from the passing hereof.
* See Page 267.