Proceeds to be distributed under the Provisions of this Act to the Vessels of Her Majesty detained but not condemned. XVI. And be it further enacted, That where any Ship or Vessel Commissioners belonging in whole or in part to Subjects of Her Catholic Majesty of the Treasury shall have been detained and brought to Adjudication by any ment of Costs may order PayOfficers of His Majesty the King of Great Britain and Ireland, awarded for and the said Ship shall be restored by Sentence of the Court, as is mentioned in the Fifth Article of the Annex (B.) to the said Treaty, it shall be lawful for the Commissioners of His Majesty's Treasury, by Warrant signed by any Three or more of them, to direct Payment to be made out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland of any Costs and Damages which may be duly awarded according to the Provisions of the said last-mentioned Article: Provided always, that nothing herein contained shall exempt such Officer from his Liability to make good the Payments so made when lawfully called upon by Order of the said Commissioners of His Majesty's Treasury. XVII. And be it further enacted, That when any Seizure shall be made by any of the Commanders, Officers, and Crews of His Majesty's Ships authorized to make such Seizures under the aforesaid Treaty, and Judgment shall be given against the Seizor, or when such Seizure shall be relinquished by him, it shall be lawful for the said Commissioners of His Majesty's Treasury, if to their Discretion it shall seem meet, by Warrant signed by any Three or more of them, to direct Payment to be made out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland of such Costs and Expences as the Seizor may have incurred in respect of such Seizure, or any proportional Part thereof. Commissioners Seizor of any demned the No Compensation to be made when any Articles specified in the XVIII. Provided always, and it is hereby enacted, That if any of the Things specified in the Tenth Article of the said Treaty shall be found on board any Vessel which shall be detained and brought before either of the said Mixed Courts, neither the Master nor the Owner, nor any Person whatsoever interested in the Tenth Article Equipment or Cargo of the Vessel, shall recover any Compensation of the Treaty or Damages for such Detention, although the said Mixed Court are found on should not pronounce any Sentence of Condemnation; but that in board. such Case it shall and may be lawful for the said Mixed Court, if they shall think fit, to pay out of the Prize Fund under the Control of the said Court such Sum of Money as according to the Circumstances of the Case they may judge reasonable in proportion to the Demurrage suffered. Defendants in Actions brought for Things done under this Act may plead the XIX. And be it further enacted, That if any Action or Suit shall be commenced, either in Great Britain or elsewhere, against any Person or Persons, for any thing done in pursuance of the said Treaty or this Act, in as far as it relates thereto, the Defendant or Defendants in such Action or Suit may plead the General Issue, General Issue. and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of the said Treaty or of this Act; and if it shall appear so to have been done the Jury shall find for the Defendant or Defendants; and if the Plaintiff shall be nonsuited, or discontinue his Action after the Defendant or Defendants shall have appeared, or if Judgment shall be given upon any Verdict or 6 & 7 GUL. IV. Demurrer D All Acts performed under the Treaty to be good and sufficient in Law. Demurrer against the Plaintiff, the Defendant or Defendants shall recover Treble Costs, and have the like Remedy for the same as Defendants have in other Cases by Law. XX. And whereas by the Eighth Article of the said Treaty it was agreed that the Mixed Commissions which were then esta'blished and sitting under the Convention concluded between Great • Britain and Spain on the Twenty-third September One thousand 'eight hundred and seventeen should continue to sit and should ' during Two Months, to be reckoned from the Exchange of the Ratifications of the said Treaty, and until the further Appointment ' and definitive Establishment of the Mixed Courts of Justice under the said Treaty, adjudge without Appeal, according to the Principles and Stipulations of the same and of the several Annexes thereof, the Cases of such Vessels as might be sent or brought before them: And whereas in conformity with the said Treaty 'certain Officers of His Majesty's Navy have been instructed and ' authorized to search and detain any British and Spanish Mer'chant Vessel actually engaged or suspected to be engaged in the Slave Trade, or to be fitted out for the Purpose thereof, or to have been engaged in the Traffic in Slaves during the Voyage in which she might be met with by such Officer, and to bring or send such Merchant Vessel for Judgment: And whereas it may have happened that under the said Authority and Instructions 'British and Spanish Merchant Vessels may have been already, and before the passing of this Act, detained and brought or sent before the Mixed Commissions established and sitting under the " said Convention between Great Britain and Spain concluded on the Twenty-third September One thousand eight hundred and 'seventeen, and the Commissioners may have proceeded to adjudge the Cases of such Vessels; and it is expedient that all Acts done in conformity with the said Treaty and with the said Instructions should be rendered valid, and that all Persons acting under and by virtue of such Authority and Instructions should be protected ' and indemnified;' be it therefore enacted, That all Acts done by or under the Authority of any Officer of His Majesty's Navy in conformity with the said Treaty, who may have been instructed and authorized to search and detain and bring or send any Merchant Vessels for Judgment according to the said Treaty, and all Adjudications and Orders and other Acts which may have been made and done by the said Mixed Commissions in consequence thereof, shall be deemed and taken to be good and valid in Law; and no Officer of His Majesty's Navy or other Person acting under such Instructions and Authority, and in conformity with the said Treaty, and no Commissioner or other Officer of the said Mixed Commissions, shall be liable to any Prosecution or Suit at Law for any such Acts, Adjudications, or Orders so done or made by them respectively as aforesaid. CAP. CA P. VII. An Act to indemnify such Persons in the United Kingdom [This Act is the same, except as to Dates and the Section here VIII. And be it further enacted, That no Person who has been admitted and enrolled and in actual Practice as an Attorney, Solieitor, Proctor, or Notary shall be liable to be struck off the Roll for or on account of any Defect in the Articles of Clerkship, or the Registry thereof, or the Service under such Articles, or of his Admission and Enrolment, unless the Application for striking him off the Roll be made within Twelve Months from the Time of his Admission and Enrolment. CA P. VIII. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. [22d April 1836.] [Number of Forces, 81,319. This Act is the same, except as to Dates and the Sections here inserted, as 5 & 6 W. 4. c. 5.] VI. And be it enacted, That a General Court-martial convened in any Part of the King's Dominions, (Bermuda, the Bahamas, Africa, and the Australian Colonies excepted,) or in the Settlements of the East India Company, shall consist of not less than Thirteen Commissioned Officers; if convened in Bermuda, or the Bahamas, or out of the King's Dominions, excepting Africa and the Australian Colonies, shall consist of not less than Seven, and in Africa and the Australian Colonies of not less than Five Commissioned Officers; and no Judgment of Death shall pass without the Concurrence of Two Thirds at the least of the Officers present; and the President shall in no Case be the Officer commanding in chief or Governor of the Garrison where the Offender shall be tried, nor under the Degree of a Field Officer, unless where a Field Officer cannot be had, nor in any Case whatsoever under the Degree of a Captain. IX. And be it enacted, That a District or Garrison Court martial shall consist of not less than Seven Commissioned Officers, except in Bermuda, the Bahamas, Africa, and the Australian D 2 Colonies, Time limited for applying to strike Attornies off the Roll for Defect in Articles, &c. Composition of General Courts martial. Powers of Garrison Colonies, where it may consist of not less than Five Commissioned Officers, and may sentence any Soldier to any Imprisonment, with or without hard Labour, in any public Prison or other Place which such Court, or the Officer commanding the Regiment or Corps to which the Offender belongs or is attached, shall appoint, and may also direct that such Offender shall be kept in solitary Confinement for the Whole or any Portion or Portions of such Imprisonment, or of such Imprisonment with hard Labour, or may sentence any Soldier to Corporal Punishment, not extending to Life or Limb, for Immorality, Misbehaviour, or Neglect of Duty; and such Court may, in addition to either of the said Punishments, sentence a Soldier to Forfeiture of all Advantage as to additional Pay, and to Pension on Discharge, for disgraceful Conduct, In wilfully maiming or injuring himself, or any other Soldier, at the Instance of such Soldier, with Intent to render himself or such Soldier unfit for Service: In tampering with his Eyes: In malingering, feigning Disease, absenting himself from Hospital whilst under Medical Care, or other gross Violation of the Rules of any Hospital, thereby wilfully producing or aggravating Disease or Infirmity, or wilfully delaying his Cure: In purloining or selling Government Stores: In stealing any Money or Goods, the Property of a Comrade, of a Military Officer, or of any Military or Regimental Mess: In producing false or fraudulent Accounts or Returns: In embezzling or fraudulently misapplying Public Money entrusted to him: Or in committing any petty Offence of a felonious or fraudulent Nature, to the Injury of or with Intent to injure any Person, Civil or Military : Or for any other disgraceful Conduct, being of a cruel, indecent, or unnatural Kind: And such Offender may be further put under Stoppages, not exceeding Two Thirds of his daily Pay, until the Amount be made good of any Loss or Damage arising out of his Misconduct; and if any Soldier shall be convicted of any such disgraceful Conduct, and shall be sentenced to Forfeiture of his Claim to Pension, the Court may further recommend him to be discharged with Ignominy from His Majesty's Service; and any such Court shall deprive a Soldier, if convicted of a Charge of habitual Drunkenness, of his Liquor when issued in Kind, or of his Allowance in lieu of Beer or Liquor, or of such Proportion thereof, or of such Portion of his additional or regular Pay, for such Period, not exceeding Two Years, as may accord with His Majesty's Articles of War, subject to Restoration on subsequent good Conduct; and in addition to any such Punishment, the Court may, if it shall think fit, sentence such Offender to Imprisonment or to Corporal Punishment; provided that in all the foregoing Cases the Sentences of a District or Garrison Court-martial shall be confirmed by the General Officer, Governor, or Senior Officer in command of the District, Garrison, Island, or Colony; and the President of every Courtmartial, other than a General Court-martial, not being under the Rank of Captain, shall be appointed by the Officer convening such such Court-martial; provided that such Court-martial shall not have Power to pass any Sentence of Death or Transportation. Courts-martial. XIII. And be it enacted, That in certain Cases, where it may Mixture of be necessary or expedient, Officers of His Majesty's Marine Forces Officers upon may sit upon Courts-martial in conjunction with Officers of His Majesty's Land Forces, and such Courts-martial shall be regulated, to all Intents and Purposes, in like Manner as if they were composed of Officers of the Land Forces only, whether the Commanding Officer by whose Orders such Court-martial is assembled belongs to the Land or to the Marine Forces; and Officers of His Majesty's Land Forces, and Officers in the Service of the East India Company when serving together, may be associated in Courts-martial, which shall, to all Intents and Purposes, be regulated in like Manner as if consisting wholly of Officers of His Majesty's Land Forces, or wholly of Officers in the Service of the East India Company; save and except that on the Trial of any Person in His Majesty's Land Forces, the Provisions of this Act, and the Oaths thereby prescribed, shall be applicable; and that on the Trial of any Person belonging to His Majesty's Marine Forces, the Provisions of an Act passed in the present Session of Parliament for the Regulation of His Majesty's Royal Marine Forces while on Shore, and the Oaths thereby prescribed, shall be applicable; and on the Trial of any Officer or Soldier in the Service of the East India Company the Provisions of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, to amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company, and the Oaths thereby prescribed, shall be applicable, notwithstanding any Officer in the actual Service of the said Company may have a Commission from His Majesty. XXIII. And be it enacted, That any Person who shall voluntarily deliver himself up as a Deserter from His Majesty's Forces, or the embodied Militia, or the Forces of the East India Company, or who, upon being apprehended for any Offence, shall, in the Presence of the Justice, confess himself to be a Deserter as aforesaid, shall be deemed to have been duly enlisted and to be a Soldier, and shall be liable to serve in any of His Majesty's Forces, as His Majesty shall think fit to appoint, whether such Person shall have been ever actually enlisted as a Soldier or not; and in case such Person shall not be a Deserter from the Regiment stated in such Confession he shall be liable to be punished as a Rogue and Vagabond, or may be prosecuted and punished for obtaining Money under false Pretences; and the Confession and receiving Subsistence as a Soldier by such Person shall be Evidence of the false Pretence and of the obtaining Money to the Amount of the Value of such Subsistence, and the Value of such Subsistence so obtained may be charged in the Indictment as so much Money received by such Person; and in case such Person shall have been previously convicted of the like Offence, or as a Rogue and Vagabond for making a fraudulent Confession of Desertion, such former Conviction may be alleged in the Indictment, and may be proved upon the Trial of such Person; and in such Indictment for a Second Offence it shall be sufficient to state that the Offender was at a certain Time and Place conD 3 victed Fraudulent Desertion. |
