MUTINY ACT AND ARTICLES OF WAR.

New Zealander, Volume XIX, Issue 1973, 15 September 1863, Page 6

MUTINY ACT AND ARTICLES OF WAR.

AN ACT

FOR PUNISHING MUTINY AND DESERTION, AND FOR THE BETTER PAYMENT OF THE ARMY AND THEIR quarters.—[l If A April, 1862.] [Continued.]

IS. Whenever her Majesty sha'l intend that any sentence of penal servitude heretofore or hereafter passed upon any offender by any court-martial shall bo carried into execution for the term specified in such sentence, or for any shorter term, or shall be graciously pleased to commute as aforesaid to penal servitude any sentence of death passed by any such court, the sentence, together with her Majesty's pleasure thereupon, shall be notified in writing by the officer commanding in chief her Majesty's army in Great Britain and Ireland, or in the temporary absence of such officer by the adjutant general, or when there shall not be any commander-in-chief of her Majesty's army in Great Britain and Ireland, then by the secretary-at-war or his deputy, to any judge of the Queen's bench. Common pleas, or Exchequer in Eng'and or Ireland, thereupon such judge shall make an order for the penal servitude of such offender in conformity with such notification, and shall do all such other acts consequent upon such notification as such judge is authorized to do by any act in force touching the penal servitude of other offenders ; and it shall be lawful for any judge of the Queen's bench, Common pleas, or Exchequer in Ireland to make an order that any such offender convicted in Ireland shall he kept in penal servitude in England ; and such order shall be in all respects as effectual in England as though such offender had been convicted in England, and the order had been made by any judge of the Queen's bench, Common pleas, or Exchequer in England ; and the person in whose custody such offender shall at that time by, and all other persons whatsoever whom the said order may concern, shall be bound to obey and shall be assistant in the execution thereof, and shall be liable to the same punishment for disobedience to or for interrupting the execution of such order as if the order had been made under the authority of any such Act as aforesaid ; and every person so ordered to be kept in penal servitude shall be subject to every provision made by law and in force concerning persons under sentence of penal servitude ; and from the time when such order of penal servitude shall be made every Act in force touching the escape of felons, or their afterwards returning or being at large without leave shall apply to such offender, and to all persons aiding and abetting, contriving or assisting in any escape or intended escape or returning without leave of any such offender : and the judge who shall make any order of penal servitude as aforesaid shall direct the notification of her Majesty's pleasure, and his own order made thereupon, to be filed and kept of record in the office of the clerk of the crown Of the court of Queen's bench ; and the said clerk shall have a fee of two shillings and sixpence only for filinjr the same, and shall, on application, deliver a certificate in writing (not taking more than two shillings and sixpence for the same) to such offender or to any person applying in his or her Majesty's behalf, showing the Christian and surname of such offender, his offence, the place where the court was held before which ho was convicted, and the conditions on which the order of penal servitude was made ; which certificate shall be sufficient proof of the conviction and sentence of such offender, and also of the terms on which such order for his penal servitude was made, in any court and in any proceeding wherein it may be necessary to inquire into the same.

19. Whenever any sentence of penal servitude heretofore or hereafter passed upon any offender hy any court-martial holden in the East Indies, or in any other part of her Majesty's foreign dominions, or elsewhere beyond the seas, is to be carried into execution for the terra specified in such sentence or for any shorter term, or when sentence of death passed by any such court-martial has been or shall as aforesaid be commuted to penal servitude, the same shall be notified by the officer commanding her Majesty's forces at the presidency or station where the offender may come or be, or in his absence by the adjutant-general for the time being, to somejudne of one of the supreme courts of judicature in the East Indies, or the chief justice, or some other judge, as the case may be, in any part of her Majesty's foreign dominions, who shall make order for the penal servitude or intermediate custody of such offender ; and upon any such order being made it shall be duly notified to the governor of the presidency if in the East Indies, or to the governor of the colony if in any of her Majesty's colonies, or to the person who shall for the time being be exercising the office of governor of such presidency or colony, who, on receipt of such notification, shall cause such offender to be removed or sent to some other colony or place, or to undergo his sentence within the presidency or colony where the offender was so sentenced, or where he may come or be as aforesaid, in obedience to the directions for the removal and treatment of convicts which shall from time to time be transmitted from her Majesty through one of her principal secretaries of state in such presidency or colony ; and such offender shall according to such directions undergo the sentence of penal servitude which shall have been passed upon him either in the presidency'or colon)' in which he has been so sentenced, or in the colony or place to which he has been so removed or sent, and whilst such sentence shall remain in force shall be liable to be imprisoned, aud kept to hard labour, and otherwise dealt with under such sentence in the same manner as if he had been sentenced to be imprisoned, with hard , labour, during the term of his penal servitude, by the judgment of a court of competent jurisdiction in such presidency or colony, or in the colony or place to which he has been so removed or sent respectively : in the lonian islands and elsewhere out of her Majesty's dominions the officer commanding shall have power to make an order in writing for the penal servitude or intermediate custody of such offender; and such offender shall be liable by virtue of such order to be imprisoned and kept to hard labour and otherwise dealt with under the sentence of the court in the same manner as if he had been sentenced to be imprisoned with hard labour during the term of his penal servitude by the judgment of a court of competent jurisdiction, in the place where he may be ordered to be kept in such intermediate custody, or in the place to which he may be removed for the purpose of undergoing his sentence of penal servitude. 20. In any case where a sentence of penal servitude shall have been awarded by a general or detachment general court-martial it shall be lawful for her Majesty, or, if in any place out of the United Kingdom or British Isles, for the officer commanding in chief.her Majesty's forces there serving, instead of causing such sentence to be carried into execution, to order that the offender be imprisoned, with or without hard labour, and with or without solitary confinement, for the same or such lesser term as shall seem meet to her Majesty, or to the officers commanding as aforesaid. 21. Where an award of any forfeiture, or deprivation of pay, or of stoppages of pay, shall have been added to any sentence of penal servitude, it shall be lawful for her Majesty, or, if in any place out of the United Kingdom or British Isles, for the officer commanding in chief her Majesty's forces there serving in the event of the sentence being- commuted for imprisonmeni, to order such award of forfeiture, Deprivation of pay, or stoppages of pay to be enforced, mitigated, or remitted, as may be deemed expedient. 2i?. Any court-martial may sentence any soldier to corporal punishment, not extending to life or limb, for desertion, or for disgraceful conduct, misbehaviour, or neglect of duty, but no sentence of corporal punishment awarded by a regimental court-martial shall, except in the case of mutiny or gross insubordination hereinbefore mentioned, be put in execution in time of peace without the leave in writing of the General or other officer commanding the"*district or station in which the court may beheld; and no sentence of corporal punishment shall exceed fifty lashes. 23. It shall be lawful for any general, district, or garrison court-martial, in addition to any sentenca of corporal punishment to award imprisonment, with or without hard labour, and with or without solitary confinement, such confinement not exceeding the periods prescribed by the articles of war. 24. In a 1 cases in which corporal punishment shall form f the whole or part of the sentence awarded by any court-martial* It shall be lawful for her Majesty, or for the General or other officer authorised to confirm the Kentences of courts-martial, to commute such corporal punishment to imprisonment, for any period not exceeding forty-two days-, with or without hard labour, and with or without solitary confinement, or to mitigate such sentence, or instead of such sentence to award imprisonment for any period not exceeding twenty days, with or without hard labour, and with or without solitary confinement and corporal punishme/it, to be inflicted in the prison, not exceeding twenty-five lashes, and the solitary confinement hereinbefore mentioned shall in no case exceed seven days at a time, with intervals of not less than seven days between each period of such confinement.

25. It shall be lawful for her Majesty in all cases whatsoever, instead of causing a sentence of cashiering to be put into execution, to order the offender to bo reprimanded, or, in addition thereto, to suffer such loss of army or regimental rank, or Loth, as may bo deemed expedient. 20. On the first "and on every subsequent conviction for desertion, the court-martial, in addition to any other punishment, may order the offender to be marked two inches below and one inch in the rear of the nipple of the left breast with the letter D, such letter not to be Jess than an inch long, and to be marked upon the skijj with some ink or gunpowder, or other preparation, so

as to be clearly seen, and not liable to bo obliterated; a court-martial recommending that an offender be discharged with ignominy inny also recommend that he be marked on the rlgnt breast with tho letters 8.C., ami such recommendation may legally be carried into effect by the military authorities.

27. A general, garrison, or district court-martial may sentence any soldier to imprisonment, with or without hard labour, and with or without solitary confinement, but such solitary confinement shall not exceed the periods proscribed by the articles of war; and any regimental or detachment court-martial may sentence any soldier to imprisonment, with or without hard labour, for any period not exceeding forty-two days, and with or without solitary confinement .not exceeding tho period prescribed by tho articles of war.

2S. Whenever sentence shall be passed by a courtmartial on an offender already under sentence cUlic* of imprisonment or of penal servitude, the court may award a sentence of imprisonment or penal servitude for the offence for which ho is under trial, to commence at the expiration of the imprisonment or penal servitude to which he shall have been so previously sentenced, although the aggregate of the terms of imprisonment or penal servitude respectively may exceed the term for which any of those punishments could be otherwise awarded.

29. It shall be lawful for tha Secretary-at-War to set apart any buildings now erected or which may hereafter be erected, or any part or parts thereof, as military prisons, and to declare that any building or any two or more buildings >h:\\\ be, and thenceforth such build'wg or buildings shall b" deemed and taken to bo a wnlUary prison; and every military prison wh'c'l under t\\e "provisions of any former Act of Par iament, has been or which shall be so as aforesaid set apart and declared, shall be deemed to bo a public prison vr'uUitt the meaning of this Act; and all and every the powerj and authorities with respect to county jiaols or houses of correction which now are or which may hereafter be vested in any of Her Majesty's princip.il Secretaries of State, shall with respect to all such military prisons, belong to and may be exercised by the Secretary-at-War; and it shall be lawful for tho Secretary-at-war from time to time to make, alter, and repeal rules and regulations for the government and superintendence of any such military prison, and of the governor, provost-marshal, officers, and servants thereof, and of the offenders confined therein; audit shall be lawful for the Secretary-at-war from time to appoint an inspector-general and inspectors of military prisons, and a governor, or provost-marshal, and all other neeessary officers and servants, for any such military prison, and as occasion may arise, to remove the governor or provost-marshal, officer or servant of any such military prison, and the general or other officer commanding any district or foreign station within which may be any such military prison, or such general or other officer, and such other person or persons as the Secretary-at-War may from time to time appoint, shall be a visitor or visitors of such prison; and the Secretary-at-war may authorize any general officer commanding on a foreign station to appoint periodical visitors to any military prison within his command; and the Secretary-at-War shall transmit to the visitor or visitors of every military prison established by his authority, a copy of the rules and regulations which are to be observed and enforced, and the same shall accordingly be observed and enforced within such prison; and every inspector, visitor, and governor of any such military prison shall, subject to such rules and regulations as may from time to time be made by the Secretary-at-War, have and exexeise in respect of such prison, and of the governor, 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.

30. Every governor, provost marshal, gaoler, or keeper of any public prison or of any gaol or house of correction in any part of her Majesty's dominions shall receive into his custody any military offender under sentence of imprisonment by a court-martial, upon delivery to him of an order in writing in that behalf from the general commanding in chief, or tha adjutant general, or the officer who confirmed the proceedings of the court, or the officer commanding the regiment or corps to which the offender belongs or is attached, which order shall specify the offence of which he shail have been convicted, and the sentence of the court, and the period of imprisonment which he is to undergo, and the day and hour of the day on which he is to be released ; and such governor, provost marshal, gaoler, or keeper shall keep such offender in a proper place of confinement, according to the sentence of the court and during the time specific.l in the said order, or until lie be discharged or delivered over to military custody before the expiration of ohat time under an order duly made for that purpose ; and whenever troops 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 soldier for a period not exceeding seven dajs, upon delivery to him of an order in writing on that behalf from the officer commanding such troops.

31. In the case of a prisoner undergoing imprisonment under the sentence of a court-martial in anypublic prison other than the military prisons set apart by the authority of this Act, or in any gaol or house of correction in any part of the united kingdom, it shall be lawful for the general commanding in chief, or the adjutant general, or the officer who confirmed the proceedings of the court, or the officer commanding the district or garrison in which such prisoner may be, to give, as often as occasion may arise, an order in writing directing that the prisoner be discharged, or be delivered over to military custody, whether for the purpose of beinu; removed to some other prison or place in the united kingdom, there to undergo the remainder or any part of his sentence, or for the purpose of beiny brought before a coure-martial either as a witness or for trial ; and in the case of a prisoner undergoing imprisonment or penal servitude under the sentence of a court-martial in any public prison other than such military prison as aforesaid, or in any gaol or house of correction in any part of her . Majesty's dominions other than the united kingdom, J it shall bo lawful for the general commanding in chief or the adjutant general of her Majesty's forces in the case of .any such prisoner, and for the commander inchief in India in the case of any prisoner so confined in any part of her Majesty's Indian dominions, and for the general commanding in chief in any presidency in India in the case of a prisoner so therein confined, and for the officer commanding in chief or the officer who confirmed the proceedings of the court at any foreign station in the case of a prisoner so there confined, to give, as often as occasion may arise, a'l order in writing directing that the prisoner be discharged or bo delivered over to military custody, whether for the purpose of being removed to some other prison or place in any part of her Majesty's dominions, there to undergo the remainder or any part of his sentence, or for the purpose of being brought before a court-martial either as a witness or for trial ; and in case of any prisoner who shall be* removed by any such order from any such ptison, gaol, or house of correction either within the United Kingdom or elsewhere, the officer who gave such order shall also give an order in writing directing the Governor, provost marshal, gaoler, or keeper of such other prison or place to receive such prisoner into his custody, and specifying the offence of which such prisoner shall have been convicted, and the sentence of the court, and the period of imprisonment which he is to undergo, and the day and the hour on which he is to be released; and such Governor, provost marshal, gaoler or keeper shall 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 duly discharged or delivered over to military custody before the expiration of that time under an order duly made for that purpose; and in the case of a prisoner undergoing imprisonment or penal servitude under the sentence of a court martial in any military prison in any part of her Majesty's dominions or in the lonian Islands, the Secretary of State for War, or any person duly authorized by him in that behalf, shall have the like powers in regard to the discharge and delivery over of such prisoners to military custody as may be lawfully exercised by any of the military authorities above mentioned in respect of any prisoners undergoing confinement as aforesaid in any public prison other than a military prison, or in any gaol or house of correction in any part of her Majesty's dominions; and such prisoner in any of the cases herein-before mentioned, shall accordingly on the production of any such order as is herein-before mentioned, be discharged or delivered over, as the case may be: Provided always, that the time during which any pr.soner under sentence of impnsoument by » court-martial shall be detained in such military custody under such order as aforesaid shall be reckoned as imprisonment under the sentence for whatever purpose such detention shall take place; and such prisoner may during such time, either when on board ship or otherwise, be subjected to such restraint as is necessary for his detention and removal. [To be continued.]