SUPPRESSION OF REBELLION ACT, 1863.

Hawke's Bay Herald, Volume 7, Issue 439, 21 November 1863, Page 3

SUPPRESSION OF REBELLION ACT, 1863.

An, Act for the suppression of the Rebellion which unhappily exists hi this Colony, and for the protection of the Persons and Property of Her Majesty's Loyal Subjects within the same. Whereas a combination for the subversion of the authority of Her Majesty and Her Majesty's Government, has for some time existed amongst certain Aboriginal Tribes of this Colony, and has now manifested itself in Acts of open Rebellion. And whereas persons in prosecution of the said Rebellion have committed murders on some of Her Majesty's subjects engaged in their peaceful occupations, have pillaged their homesteads, and burnt and destroyed their property. And whereas the ordinary course of Law is wholly inadequate for the suppression of the said Rebellion and the prompt and effectual punishment of those -who are guilty of such atrocity and outrage. Be it therefore enacted by the General Assembly of New Zealand in Parliament Assembled, and by the authority of the same as follows : — 1. The Short Title of this Act shall be " The Suppression of Rebellion Act 1863." 2. It shall be lawful for the Governor from time to time during the continuance of the said Rebellion to issue his orders to all persons whom he shall think lit to authorize in that behalf, to take the most vigorous and effectual measures for suppressing the said Rebellion in any part of this Colony which shall appear to be necessary for the public safety, and for the safety and protection of the persons and properties of Her Majesty's peaceable and loyal Subjects, and to punish all persons acting, aiding, or in any manner assisting in the said Rebellion, or maliciously atacking or injuring the persons or properties of Her Majesty's loyal subjects in f urtheraace of the same, accord-

ing to Martial Law. either by death, penal servitude, or otherwise, as to them shall seem expedient, and to arrest and detain in custody all persons engaged or concerned in such Rebellion or suspected thereof, und to cause all persons so arrested or detained in Custody to be brought to trial in a summary manner by Courts Martial, for all offences committed in furtherance of the said Rebellion, whether snch persons shall have been taken in open arms against Her Majesty, or shall have been otherwise concerned in the said Rebellion, or in aiding, or in any manner assisting in the same, and to execute the Sentences of all Courts Martial, whether of death, penal servitude, or otherwise, and to do all other Acts necessary to such several purposes. 3. No Act which shall be done in pursuance of any order issued as aforesaid, shall be questioned in Her Majesty's Supreme Court of New Zealand or in any other Court. And iv order to prevent any doubt which might arise, whether any act alleged to have been done in conformity to any Orders so issued as aforesaid was so done, it shall be lawful for the Governor, to declare such Acts to have been done in conformity to such Orders ; and such declaration, signified by any writing under the hand of the Governor, shall be a sufficient discharge and indemnity to all such persons concerned in any such Acts, and shall in all cases be conclusive evidence that such Acts were done in conformity to such Orders. 4. All Officers, Non Commissioned Officers, Soldiers, and Militiamen, who shall act under any such orders as aforesaid, shall be responsible for all things which shall be done under such orders to Courts Martial only by which thjy shall be liable to be tried for any offence against the Articles of War under any Act then in force for any such purposes; and Courts Martial shall have full and exclusive cognizance of all matters and things which shall be objected against such Officers, Non-Comtnissioned Officers, Soldiers, and Militiamen respectively, and all proceedings shall be had thereon, in the same manner as for Offences against the Articles of War, and not otherwise ; and the Supreme Court, or any other Court of Justice, civil or criminal, shall not take cognizance of any Act, matter, or thing which shail be done by any such Officer, Non-Conimis-sioned Officer, Soldier, or Militiaman in pursuance of this Act ; and if any proceeding shall be had in any such Court against any such Officer, NonCommissioned Officer, Soldier, or Militiaman, for any such Act, matter, or thing, by indictment, action, or otherwise, all such proceedings shall be stayed by summary order, on application to the Court wherein they shall be had. 5. If any person who shall be detained in custody under the Powers created by this Act shail sue forth a Writ of Habeas Corpus, it shall be good and sufficient return to such Writ, that the party suing forth the same is detained by virtue of a Warrant under the hand and. seal of some person duly authorized by the Governor, for the time being to issue such warrant' under the Authority of this Act. Provided that at the time such return is made, the name of such person so authorized as aforesaid to issue such Warrants, shall have been, or shall be notified by the. Governor to the Supreme Court, by writing signed by him signifying to the said Court that such person was so autfibfized as aforesaid to exercise the powers specified by this Act, and when such return shall be made, it shall not be necessary to bring up the body of the person who is so detained. . ■ 6. For the trial of offences under this Act it shall be lawful for the Governor, or the General, or other officer commanding Her Majesty's forces in New Zealand, or. for any other -officer of Her Majesty's Forces not under the Rank of a Field Officer, who shall be authorized by a Commission from the Governor in Her Majesty's name in that behalf from time to time by warrant under his hand to authorise and impower any Officer in Her Majesty's Regular or Militia Forces in New Zealand not under the Rank of a Field Officer to convene, assemble and hold Courts Martial for the trial of such persons under this Act as the Governor, or General, or other Officer as aforesaid shall direct. 7. Every such Court Martial shall consist of not less than three nor more than nine Commissioned officers of Her Majesty's Regular or Militia forces in New Zealand, or partly of Commissioned Officers of each such Force. 8. Every such Court shall have all powers, privileges and authorities appertaining or incident to, and shall conduct all proceedings according to the manner of Courts Martial held under the Provisions of the Act for the time being in force in New Zealand for punishing mutiny and desertion, and the sentence of any such Court, when confirmed by the Governor or the General, or other Officer Commanding Her Majesty's Forces in New Zealand, or by any Officer authorised by the Governor to convene and confirm the sentence of such Courts Martial shall be carried • into execution. 9. Nothing in this Act contained shall he construed to take away, abridge, or diminish the acknowledged prerogative of Her Majesty for the Public safety to resort to the exercise of Martial Law against open Enemies or Traitors, or any powers by law vested in the said Governor of this Colony, with or without the Advice of the Executive Council, or of any other person or persons whomsoever, to suppress Treason and ( Rebellion, and to do any act warranted by law for that purpose, in the same manner as if this Act had never been made, but such prerogative is hereby declared to be in full force in this Co- . lony in Her Majesty the Queen and in the Governor as Her Majesty's Representative in that behalf. , 10. Every person shall be, and is hereby freed indemnified, and discharged of and from all actions and prosecutions which he may have been or may become liable or subject to for or by reason or by means of, or in relation to any Act matter, or thing done by him before the passing of this Act which would have been lawful if done in pursuance of any order t issued under the auth- > ority of this Act. And no such act, matter, or thing shall be questioned in the Supreme Court, or in any Court whatsoever within the Colony of; - New Zealand. 11; This Act shall, except seotions nine .and ten thereof, continue and be of force until the end of the next session of the General Asserabty only, and no longer, but the said sections nine, and tea shall be in force until expressly repealed. •