c. 17. Proceedings 2. The proceedings of any court-martial shall not be delayed 19 GEO. 111. 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. upon 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. 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. 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 . 33. 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 discretionholden 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 zance of man slaughter. Oath to be administered to members of tial. 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. 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. adminis 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 tered to 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 cath. "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. Whereas by the laws and 10 and 11 Vic. c. 62, sec. 1.] customs of her majesty's navy officers commanding her majesty's c. 62. 1847. where offi to order tial, they 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 cases commanding her majesty's ships and vessels are empowered to cers com order 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 court- may inflict martial, 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 exceeding 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 ment to be 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 instead. imprison 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 tore bile 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. MILITIA. (a) 9 Vic. e. 35. Island Act. 1845. Military courts to be appointed by the governor with full powers, &c. Provisos. ordering general courts-mar 9 Vic. c. 35.] To consolidate and amend the militia laws. ISLD. [31st Dec. 1845.] 9 Vic. c. 35, sec. 71.] The governor, or commander-in-chief for the time being, shall have authority to order and appoint courts, or boards of general or field officers and captains, in such number and in such places as he shall think proper, to inquire into, and determine, all such matters and things concerning military duty and regulation, as may be required for the good of the service; and such court, or board of general or field officers and captains, shall have power to summon and examine upon oath all such persons as may be required, by notices in manner and form, and under the same pains and penalties as are herein specified, for officers, witnesses, and others summoned before courts-martial: Provided, That the deputy judge-advocate of the regiment, where such court, or board, may be ordered to sit, shall attend the same, and record proceedings, under the like pains and penalties: And provided always, That such court and board shall be an open court, and not conducted with closed doors, except in the forms customary in courts-martial, and report proceedings to the captain-general, Manner of 72. For the trial of all offenders against this act, for punishment whereof a general court-martial is required, which shall be the duty of the colonel, or commanding officer of a regiment of foot or horse, to submit, in writing, to the commander-inchief, or general of the district, the charges for which such tial. (a) Courts-Martial for the trial of offences relating to the army and the royal marines vary from those of the navy inasmuch as not being permanently constituted, but from time to time deriving authority from acts of parliament, commonly known as the mutiny acts, which are limited to annual duration. The first mutiny act was passed in 1689, and with two or three interruptions has been annually revived ever since with such amendments as have been required by the increased importance of the military establishments of the empire, and the course of legislative improve ment. Courts-Martial for the army are at this time constituted under the Imperial Act, 16 Vic. c. 7: "An act for the punishment of mutiny and desertion, and for the better payment of the army and their quarters," [1853] the mutiny act now in force, which extends to the West Indies and America until September 1, 1854. The constitution of the Island Militia Courts (infra) is formed on the model of the munity act in force in 1845, which with some alterations has since been adopted and continued in the act now in force of 1853. The act as to the Royal Marines now in force, 16 Vic. c. "An act for the regulation of Her Majesty's Royal Marine Forces while on shore" [1853], is of similar duration with the army act, and differs but in this, that the powers and authorities under it are vested in the lord high admiral or the lords of the admiralty for the time being, the officers and body of marines being subject to naval rule and discipline while at sea. The constitution and practice of these Marine Courts are similar to those of Military Courts-Martial. Where a sufficiency of officers of marines cannot be found, officers of the army are called in to form courts. Varying the words "soldiers" to "marines," many of the clauses correspond verbatim, with the Army Act. It is unnecessary here to reprint either of these acts by reason of their limited application to Jamaica. Island Act. 1845. court-martial is to be instituted, who is hereby required and 9 VIC. c. 35, empowered to direct the same, to be held at such time and place as he shall direct, and to call upon the colonels of the several regiments in the districts under his command, to name such officers as may be required from their respective regiments to form such court; every such court to be subject in all respects to the several provisions in this act concerning courts-martial. quired to 73. Every general court-martial held, ordered, or summoned, Officers reshall consist of not less than thirteen, or more than fifteen form a officers, of whom none shall be under the rank of captain; and court. when a complaint shall be by an officer, or other person of the foot, against any officer, or other person of the horse, or vice versa, the court shall consist of officers of the foot and horse, in such numbers as may be most convenient, should it be impossible to have equal numbers of each; and, upon all general courtsmartial, the officers composing such courts, shall take rank according to the dates of their several commissions. for non of officers or courts-mar 74. Every officer, warned as a member of a general court- Penalties martial, or witness, who shall not attend such court, unless attendance prevented by sickness, certified by any duly qualified surgeon, witnesses at or assistant surgeon, or by any unavoidable accident, shown to general the satisfaction of the court, shall, for every such default, in tial. respect to a general court-martial, forfeit any sum not exceeding £30 sterling, to be levied by warrant under the hand and seal of the senior officer present at such court, or of the officer ordering the same: Provided always, That it shall be lawful for the com- Governor mander-in-chief, or general of the district, for the time being, to fines inremit any such fine, which shall be inflicted by a general court-flicted by a martial ordered by him, upon oath made, showing to his satis- court-marfaction that the person fined had a good and sufficient excuse for his non-attendance, and also that he could not have made such excuse at the time appointed for the sitting of the court; and, in like manner, the colonel, or commanding officer of a regiment, those by a shall have power to remit any such fine, which shall be inflicted regimental by a court-martial by him, upon oath, shown as aforesaid. may remit general tial. Colonels, court. may order courts as 75. For the trial of all offences against this act, for punish- Colonels ment whereof a regimental court martial is required, it shall regimental and may be lawful for every colonel, or commanding officer of a regiment to hold, order, or summon regimental courts-martial, may arise. when and as often as the exigencies of his regiment shall require: Provided always, That in no case whatever shall a Proviso. commissioned officer be tried by a regimental court-martial, nor a colonel, nor commanding officer of a regiment, be deprived of his rank by sentence of a court-martial, unless convened by the commander-in-chief. 76. Every regimental court-martial shall consist, if in the |