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The 1816 Naval Courts Martial Act


56° GEORGII III, c.5.

CAP. V.

An Act to extend the Powers of an Act of the Thirty seventh Year of His present Majesty, for enabling His Majesty more effectually to grant conditional Pardons to Persons under Sentence of Naval Courts Martial, and to regulate Imprisonment under such Sentences. [4th March 1816.]

'WHEREAS an Act [24 G.3. Sess.2. c.56.] passed in the Twenty fourth Year of the Reign of His present Majesty, intituled An Act for the effectual Transportation of Felons and other Offenders, and to authorize the Removal of Prisoners in certain cases, and for other Purposes therein mentioned: And Whereas by another Act [37 G.3. c.140.] passed in the Thirty seventh Year of the Reign of His present Majesty, intituled An Act to enable His Majesty more easily and effectually to grant conditional Pardons to Persons under Sentence by Naval Courts Martial, and to regulate Imprisonment under such Sentences, certain Provisions of the said former Act relating to the Transportation of Offenders convicted at Sessions of Oyer and Terminer and Gaol Delivery, were extended to the Transportation and Imprisonment of Persons Capitally convicted before Courts Martial, but to whom His Majesty should be graciously pleased to grant a Pardon on Condition of Transportation, or of Imprisonment, or being kept to hard Labour: And Whereas by another Act [55 G.3. c.156.] passed in the Fifty fifth Year of the Reign of His present Majesty, intituled An Act to amend the Laws relating to the Transportation of Offenders, to continue in force until the First Day of May One thousand eight hundred and sixteen, the said Act of the Twenty fourth Year of His said Majesty's Reign has been repealed: And Whereas Doubts have arisen whether the said Act of the Fifty fifth Year of the Reign of His present Majesty may not have in part repealed the said Act of the Thirty seventh Year of His said Majesty's Reign;' For Removal whereof, and in order to enlarge and extend the Provisions of the said Act of the Thirty seventh Year of the Reign aforesaid as hereinafter mentioned, be it enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That whenever His Majesty shall be graciously pleased to extend His Royal Mercy to any Offender liable to the Punishment of Death by the Sentence of a Naval Court Martial on Condition of Transportation or Imprisonment, or of being kept to hard Labour for Life, or for any Term of Years, it shall and may be lawful, on a Communication of the Intention of His Majesty from the Lords Commissioners of the Admiralty, or any Three or more of them, for One of His Majesty's Principal Secretaries of State to notify to any Justice of The King's Bench or Common Pleas or Baron of the Exchequer of the Degree of the Coif, such Intention of Mercy as aforesaid; whereupon the said Justice or Baron shall allow such Offender the Benefit of such conditional Pardon as shall be expressed in such Notification, in the same manner as if a conditional Pardon to the same Effect had passed under the Great Seal for that Purpose; and the said Justice or Baron, and all other Officers or Persons whatsoever, are to make such Order or Orders, and to do and perform all such Act or Acts for the carrying into effect the Punishment mentioned in such conditional Pardon, as may be required by the said Acts of the Thirty seventh and Fifty fifth Years of His said Majesty, or by any other Act or Acts which may be in force at the time when such conditional Pardon shall be granted for carrying into Execution any Sentence of Transportation or Imprisonment, or to be kept to hard Labour, passed at any Court of Oyer and Terminer or Gaol Delivery in the United Kingdom; and every Sheriff, Gaoler, Keeper, Governor or Superintendant, whom it may concern, and all Constables and other Persons, shall be bound to obey such Order or Orders, and be assistant in the Execution thereof, and of all such Act or Acts as aforesaid, and be liable to the same Punishment for Neglect, Disobedience or Interruption of the same, as they would be if the said Offender had been convicted by any Court of Oyer and Terminer or Gaol Delivery, and as if such Order and Orders had been made, and such Act or Acts performed, or required to be performed in pursuance of such Conviction.

II. And be it further enacted, That it shall and may be lawful for His Majesty to cause any Offender who may be in Prison or Confinement after or under any Sentence of a Naval Court Martial, or after or under any conditional Pardon as aforesaid, to be removed from the Prison or Place of Confinement in which he may at any time be, to such other fit and proper Prison or Place of Confinement being a Public Gaol, Prison, Hulk, Penitentiary House or House of Correction, within the United Kingdom, as to His Majesty may seem expedient; and any One of His Majesty's Principal Secretaries of State is hereby authorized and empowered to issue a Warrant or other Instrument under his Hand for such Removal, and for carrying into Execution such Part or Parts of such Sentence as may remain unexpired or unsatisfied, or for which His Majesty's Gracious Pardon may not have been granted; and every Sheriff, Gaoler, Keeper, Governor or Superintendant, whom it may concern, and all Constables and other Persons shall be bound to obey the aforesaid Warrant or Instrument, be assistant in the Execution thereof, and be liable to the same Punishment for Neglect, Disobedience or Interruption of the same, as if the said Person were under Sentence of a Court of Oyer and Terminer or Gaol Delivery for such Imprisonment, as in the said Warrant may be specified.

III. And be it further enacted, That during the Imprisonment of any Officer, Petty Officer or Seaman, or Officer, Non Commissioned Officer or Private of Royal Marines in any Gaol or Prison, or other Place of Confinement in pursuance of any such Sentence of a Naval Court Martial, or under any conditional Pardon, or Order or Warrant for Removal as aforesaid, all Pay and Wages of such Officer, Petty Officer or Seaman, or Officer, Non Commissioned Officer or Private of Royal Marines shall be suspended and stopped, and the Gaoler, Keeper, Governor or Superintendant, in whose Custody such Officer, Petty Officer or Seaman, or Officer, Non Commissioned Officer or Private of Royal Marines may be, shall receive and apply, in the Subsistence and Support of every such Prisoner, an Allowance of such a Sum of Money per Diem as shall at that time be appointed by any Act of Parliament for the regulating of His Majesty's Royal Marine Forces while on Shore, to be paid to any Gaoler or Keeper of any Prison or House of Correction for the Subsistence of any Non Commissioned Officer or Private Marine committed into their Custody under such Act, and which Allowance the said Commissioners for executing the Office of Lord High Admiral for the time being are hereby authorized and required to cause to be paid by the Treasurer of the Navy or the Paymaster of Royal Marines, as the case may be, to the said Gaoler, Keeper, Governor or Superintendant accordingly.

IV. And be it further enacted, That if any Person, being in Prison or Confinement under any such Sentence, or by virtue of any such Warrant or Instrument as aforesaid, shall become insane, and shall be certified by Two Physicians or Surgeons to be insane, it shall and may be lawful for One of the said Secretaries of State to direct, by a Warrant or Instrument under his Hand, the Removal of such Person to such Lunatic Asylum, or other proper Receptacle for Insane Persons in the United Kingdom, as he may judge proper, for the unexpired Term of any such Sentence or Imprisonment or Confinement; and if any such Person should be in the same manner certified to be of sound Mind, the said Secretary of State may issue a similar Warrant or Instrument for his being removed to such Prison or Place of Confinement as he may deem expedient.


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