The Naval Discipline Act.-1884. Court upon its being made to appear to such Court or Judge, by affidavit in a summary way, that such witness was arrested in going to or attending upon or returning from such court; and all witnesses so duly summoned as aforesaid who shall not attend on such courts, or attending shall refuse to be sworn or to affirm as aforesaid, or, being so sworn, or having so affirmed, shall refuse to give evidence, or shall not produce the documents under their power or control required to be produced by them, or to answer all such questions as the court may legally demand of them, shall forfeit and incur such penalty not exceeding Five Pounds as the court may direct and adjudge. giving false evidence. 22. Every person who, upon any examination upon oath before Penalty on persons any such court held in pursuance of this Act, shall wilfully and corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. court. 23. Whenever it is intended to bring any person employed as Accused to attend aforesaid for trial before any such court, the president of the court shall issue a summons under his hand to such person, commanding him to attend at a time and place to be therein specified; and if such person do not appear at such time and place he shall be deemed to have waived his right of challenge, and the proceedings shall be carried on as if the accused were present. 24. When the proceedings of such courts have been duly confirmed, and the sentence promulgated, the proceedings are to be forthwith returned to the president, who shall forthwith transmit the same to the Attorney-General for record in his office. Proceedings to be deposited in Attorney on demand. 25. Any person who has been tried by such court, or any person Copy may be obtained on his behalf, shall be entitled, on demand to be made within the space of six months from the date of the final decision on the proceedings, to a copy of such proceedings (paying for the same at the rate of sixpence per folio of seventy-two words), whether such sentence shall be approved or not, as soon after the receipt of the proceedings at the office of the Attorney-General as such copy can be conveniently supplied. one, more offenders than one. 26. In all cases in which the same court tries more offenders Same court trying than and they are arraigned on separate and distinct charges, the members of the court shall be re-sworn at the commencement of each trial, and the proceedings shall be made up separately, and signed as if each offender had been tried by a court composed of different members. same offence, but re 27. No person who has been acquitted or convicted of any No second trial for offence by any court under this Act shall be liable to be tried a vision may be allowed. second time by the same or any other court for the same offence; and no finding, opinion, or sentence given by any court, and signed by the president thereof, shall be revised more than once, nor shall any Stoppage of pay in certain cases. Minor offences, with their punishments. Power to arrest. Absconders may be cer's warrant. The Naval Discipline Act.-1884. any additional evidence in respect of any charge with which the offender is then charged be received by the court on any revision, except evidence as to his previous character in the service. 28. No member of the Naval Brigade shall be entitled to receive any pay or allowances when in confinement under a sentence of any court, or during any absence from duty without leave, or under any charge of which he shall be afterwards convicted either by such court or by any court of criminal jurisdiction. 29. The commanding officer of the Naval Brigade may (subject to the regulations to be made hereunder) take notice of any minor offence against discipline by fine not exceeding Twenty Shillings, or solitary confinement for a time not exceeding twenty-four hours in a place set apart for the purpose. 30. If any person engaged as aforesaid do not, when on service, or during the times of training and exercise, or of his being under arms or wearing the clothing or accoutrements of his corps, and going to or being at or coming from any place of exercise or assembly of the corps, conduct himself in a decent and orderly manner, or do not obey the lawful command of his commanding officer or the regulations to be made as aforesaid, the person so offending may be ordered by such officer into the custody of any person or persons belonging to such forces, and be detained as such officer may direct, until such offence is dealt with as provided by this Act. 31. Any member of the Naval Brigade who shall abscond or apprehended on offi- desert may be apprehended by a written order under the hand of the officer in command of the vessel or corps to which such absconder or deserter belongs, and such person may be conveyed on board such vessel or to any place named in such order; and all constables and other peace officers are hereby directed to take cognizance of such order, and to aid and assist in the apprehension and conveyance on board, or to such other place named in such order, of the person therein referred to, and in the meantime to lodge such person in some place of security until such order can be obeyed. Power to detain. 32. Every gaoler or keeper of any public prison or gaol in any part of this province shall receive into his custody any offender under sentence of imprisonment by a court under this Act, upon delivery to such gaoler or keeper of a warrant of commitment in the form contained in the Fourth Schedule hereto, under the hand and seal of the president of the court; and such gaoler or keeper shall keep such offender in a proper place of confinement, with or without hard labor, and with or without solitary confinement, according to the sentence of the court and during the time specified in the said order; and any gaoler or keeper of any public prison or gaol shall receive into his custody any absconder or deserter upon delivery to such gaoler or keeper of an order in writing in that behalf from the officer commanding the vessel or corps to which any such absconder is attached. 33. In The Naval Discipline Act.-1884. 33. In the event of any member of the Naval Brigade being killed or wounded in actual service or whilst on duty, such wounded person, or the widow and family of the person killed, shall be entitled to such pension or gratuity as Parliament shall provide. 34. All officers and other members of the Naval Brigade being on actual duty, and all prisoners under their charge, and their baggage, shall be exempt from any tolls or fare upon any railway, and every station-master, toll collector, or clerk, who shall take any toll or fare contrary to this Act shall, on summary conviction, be punishable by a fine of not more than Five Pounds for every such offence. tion. 35. Any person who shall falsely and fraudulently personate Penalty for personaor represent himself to be an officer or member of the Naval Brigade, with intent to evade payment of any toll or fare to which he would otherwise be liable, shall, on summary conviction, be punishable by a fine of not more than Ten Pounds. not to wear the uni 36. It shall not be lawful for any person, not being a member Unauthorised persons of the Naval Brigade, to wear the uniform, or any part thereof, of form. the Naval Brigade; and if any person wilfully offend against the provisions of this section, he shall, on summary conviction, be punishable by a fine of not more than Ten Pounds. Persons ceasing to belong to Brigade to give up arms, &c., under a penalty. 37. When any person engaged under this Act as a member of the Naval Brigade has ceased to be a member of the same, and shall refuse or neglect to give up, on demand of the commanding officer, any arms, ammunition, accoutrements, clothing, or appointments belonging to the Naval Brigade, or any public stores or property in his care or keeping as a member thereof, he shall, in addition to any civil liability that he may have incurred, be punishable, on summary conviction for such offence, by a fine of not more than Ten Pounds. 38. If any person knowingly and wilfully buy, take, exchange, Penalty for buying receive, or conceal any arms, accoutrements, clothing, or appoint- &c. ments, or any public stores, property, or ammunition delivered for the use of any member of the Naval Brigade, the person so offending shall, on summary conviction, be punishable by a fine of not more than Ten Pounds. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WILLIAM C. F. ROBINSON, Governor. arms, accoutrements, SCHEDULES. The Naval Discipline Act.-1884. Section 4. SCHEDULES. THE FIRST SCHEDULE. I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen in the for a period of years, or until sooner legally discharged, dismissed, or removed, and that I will oppose and resist Her Majesty's enemies, and whether employed on land or at sea, will cause Her Majesty's peace to be kept and preserved and that I will prevent, to the best of my power, all offences against the same, and that, while I continue to act in the same, I will, to the best of my skill and knowlege, faithfully discharge my duty according to law. So help me God Section 18. THE SECOND SCHEDULE. Oath to be taken by Member of a Court. You shall well and truly try and determine, according to the evidence in the matter now before you, and shall duly administer justice according to the rules and regulations for the better government of the paid military and naval forces, and the Acts in force in South Australia relating thereto, without partiality favor, or affection, and if any doubt shall arise which is not explained by the said Acts, or the said rules and regulations, then according to your conscience and the best of your understanding. And you shall not divulge the sentence of the court until it shall be duly approved; neither shall you, upon any account, at any time whatsoever, disclose or discover the note or opinion of any particular member of the court, unless required to give evidence thereof as a witness in a judicial proceeding before a court. So help you God Section 21. THE THIRD SCHEDULE. Oath to be administered by the President to a Witness. The evidence which you shall give before the court shall be the truth, the whole truth, and nothing but the truth. So help you God Affirmation of Witness who objects to take an Oath. I, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare that the evidence which I shall give before this court shall be the truth, the whole truth, and nothing but the truth. The Naval Discipline Act.-184. THE FOURTH SCHEDULE. Warrant of Commitment. To W., X., Y., Z.. and their assistants, and to the keeper of the gaol at under And whereas M. N. was this day duly convicted before the said court for that [here state the offence], and the said court did thereupon adjudge the said M. N. for this his said offence to be imprisoned in the gaol at for the space of of such term at hard labor , and to be kept during [or in solitary confinement, as the case may be]. These are, therefore, to command you, the said W., X., Y., Z., and your assistants, to take the said M. N., and him safely to convey to the gaol aforesaid, and there to deliver him to the said keeper thereof, together with this precept; and I do hereby command you, the said keeper, to receive the said M. N. into the said gaol and there to imprison him for the space of and during the said term to keep him at hard labor [or in solitary confinement, as the case may be], and for your so doing this shall be your sufficient warrant. Section 32. |