Illegally building, equipping, &c., ships. Other illegal acts. Trial. service of a foreign state at war with a friendly state; (b) leaving Her Majesty's dominions (or inducing, &c.) with intent to serve such foreign state; (c) embarking persons under false representations in order that they may be led to enter into such service; (d) the master or owner of a ship taking illegally enlisted persons on board ship. In each case the offender may be punished by fine, or imprisonment not exceeding two years, or both. And in the case of illegally taking on board, the ship is detained until satisfaction is given; and illegally enlisted persons are put on shore and not allowed to return to the ship (y). Illegal Shipbuilding, &c.-Building, (b) commissioning, (c) equipping, or (d) despatching a ship, knowing or having reasonable cause to believe (the burden of proof lying on the builder that it is not illegal) that the ship is to be employed in the service of such a state, if done without licence, is punishable in the same way, and the ship and her equipments are forfeited to the Queen. If the contract for building the ship has been made before the beginning of the war, the builder or equipper is not punishable if he gives due notice to the Secretary of State, and insures that the ship will not be despatched until the termination of the war without the licence of the Queen (z). Augmenting, without licence, the warlike force of a ship in such service by adding to the number of guns, &c., is punishable in the same way (a). So, also, fitting out without licence a naval or military expedition against a friendly state, with the additional consequence that the ships, arms, &c., are forfeited (b). The offender may be tried within the jurisdiction where the offence was committed, or where the offender may be (c). A judge of a superior court in the United Kingdom, or elsewhere of the highest British Court of criminal jurisdiction, may order the trial to be had at any place, the removal to which may be conducive to the interests of justice (d). If thought proper, proceedings may be taken contemporaneously against the offender and against the ship for forfeiture (e). DESERTION, MUTINY, AND INCITING THERETO. mutiny. Any person who maliciously endeavours to seduce a Inciting to person serving in Her Majesty's sea or land forces from desertion or his duty or allegiance, or incites him to any mutiny or mutinous practice, is guilty of felony. It is punishable with penal servitude to the extent of life, or imprisonment not exceeding three years. The trial may be had at the assizes for any county in England (ƒ). Act. The above is the provision for punishment in the Desertion, &c., ordinary criminal courts. The proceedings and punish- punished under the Army ments of courts martial are regulated by the Army Discipline and Discipline and Regulation Act, 1879 (g), which comes Regulation into force and remains in force for the period named in an annual Act passed for the purpose (h). That Act makes any person who procures or persuades a soldier to desert, or knowingly aids, or assists, or conceals a soldier in deserting, liable on summary conviction to six months' imprisonment with or without hard labour (i). The deserter himself is punishable with death if on, or under orders for, active service: or if otherwise, with (c) 33 & 34 Vict. c. 90, s. 17. (d) Ibid. s. 18. (e) Ibid. s. 20. 37 Geo. 3, c. 70, perpetual by 57 Geo. 3, c. 7. v. 7 Wm. 4 & 1 Vict. c. 91, s. 1. (g) 42 & 43 Vict. c. 33. (h) v. 43 Vict. c. 9. (i) 42 & 43 Vict. c. 33, s. 146. pline Act. Naval Disci imprisonment or penal servitude (j). The Naval Discipline Act (1866) (k) provides for the punishment by court martial of mutiny and other offences committed by persons subject to that Act; mutiny with violence being made punishable with death. Punishments are also set forth for those who endeavour to seduce those subject to the Act from their allegiance (1). Illegal training and drilling. Offences re lating to the public stores. ILLEGAL TRAINING AND DRILLING. Meetings for the purpose of training or drilling to the use of arms without authority from the sovereign, or the lieutenant, or two justices of the peace of the county, are illegal. Any person who is present for the purpose of training or assisting in training is guilty of a misdemeanor, and is liable to penal servitude to the extent of seven years. If he is present for the purpose of being himself trained, he is punishable with fine and imprisonment not exceeding two years. The prosecution must be commenced within six months after the offence committed. Any magistrate, constable, or peace officer may disperse such meetings, and arrest and detain any person present (m). UNLAWFUL DEALINGS WITH PUBLIC STORES. The law on this subject is consolidated by the Public Stores Act, 1875 (n). Certain marks are appropriated by the government for the distinguishing of naval stores; certain dealings with these marks are criminal. If any one without lawful authority, which he must prove, applies any of these marks in or on any such stores, he is guilty of a misdemeanor, and may be imprisoned for a term not exceeding two years (o). If (j) 42 & 43 Vict. c. 33, s. 12. (k) 29 & 30 Vict. c. 109, s. 10. (See next page for general remarks as to the punishment of offences by those in the army or navy. (m) 60 Geo. 3 & 1 Geo. 4, c. 1, ss. 1, 2. (n) 38 & 39 Vict. c. 25. (0) Ibid. s. 4. any one, with intent to conceal Her Majesty's property in such stores, obliterates these marks, wholly or in part, he is guilty of felony, and is punishable with penal servitude to the extent of seven years (p). The unlawful possession of public stores is punishable on summary conviction (q). It is also an offence punishable on summary conviction to buy or receive from a soldier arms, ammunition, regimental clothing, &c.; or to be found in possession of such articles without being able to account satisfactorily for such possession. It is to be observed that the person charged with such an offence, or the wife or husband of such person, may be sworn as a witness (r). APPENDIX. OFFENCES BY MEMBERS OF THE ARMY AND NAVY. It will be convenient here to see on what footing the Offences in the army and navy are with regard to proceedings and army and punishment for crime. navy. As to the army. It is provided by the Army Disci- Army Discippline Act, 1879, that every officer or private who shall line Act. incite or join any mutiny, or knowing of it shall not give notice to the commanding officer, or shall desert, or enlist in any other regiment, or sleep upon his post, or leave it before he is relieved, or hold correspondence with a rebel or enemy, or strike or use insolence to his superior officer, or disobey his lawful commands, shall suffer death or such other punishment as the court martial may inflict. Other offences are set forth and their punishments prescribed. The court martial may sentence any officer or soldier to death, penal servitude, (p) 38 & 39 Vict. c. 25, s. 5. (r) 42 & 43 Vict. c. 33, s. 149. Soldiers not exempt from ordinary criminal proceedings. Naval Discipline Act. imprisonment, forfeiture of pay or pension, or any other punishment which shall accord with the usage of the service. No person acquitted or convicted by a civil magistrate or by a jury is to be tried by court martial for the same offence. The Act does not, however, exempt soldiers from being punishable by the ordinary criminal courts. It expressly provides that nothing therein is to be construed to extend to exempt any officer or soldier from being proceeded against by the ordinary courts of law, when accused of felony or misdemeanor, or of any offence other than absenting himself from service or misconduct respecting his contract (s). And if a person who has been sentenced for an offence by a court martial is afterwards tried by a civil court for the same offence, that court in awarding punishment shall have regard to the military punishment he may have already undergone. As to the navy.—The Naval Discipline Act (1866) (t) makes similar provisions for the navy as to courts martial, the trial of offences, no exemption from ordinary criminal jurisdiction, &c. offences for COINAGE OFFENCES. Certain coinage So decidedly were offences relating to the coin remerly treason. garded as offences against the government, inasmuch as they not only infringed the royal prerogative, but also were calculated to make the public faith suspected, that in the statute of Edward III. two of them were declared treason, viz., (a) the actual counterfeiting the gold and silver coin of the realm, and (b) the importing such counterfeit money with intent to utter it, (s) 42 & 43 Vict. c. 33, ss. 138, 155. (t) 29 & 30 Vict. c. 109. |