Mutiny Act 1803
| Jurisdiction | UK Non-devolved |
| Citation | 1803 c. 20 |
| Year | 1803 |
(43 Geo. 3) C A P. XX.
[24th March 1803]
‘Number of Forces, 66,574, ∥ 1. ∥ 2, 3. as ∥ 2, 3. of 41G. 3. (U. K. ) c. 11.’
IV Deserter may be adjudged to be transported as a Felon;
IV. And be it further enacted and declared, That in the Case of any non-commissioned Officer or Soldier tried and convicted of Desertion, whensoever the Court-martial, which shall pass Sentence upon such Trial, shall not think the Offence deserving of capital Punishment, such Court-martial may, instead of awarding a corporal Punishment, adjudge the Offender, if they shall think fit, to be transported as a Felon for Life, or for a certain Term of Years, according to the Degree of the Offence: And if such Non-commissioned Officeror Soldier, having been adjudged to be transported as a Felon, shall afterwards (without Leave from his Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported) return into or be found at large without Leave as aforesaid, or other lawful Cause, within any Part of the United Kingdom ofGreat Britain and Ireland , before the Expiration of the Term limited by such Sentence, and shall be convicted thereof in the ordinary Course of Law, every such Person shall be deemed and adjudged guilty of Felony, and he shall suffer Death as a Felon without Benefit of Clergy.
V His Majesty, where Courts-martial award a capital Punishment, may order Offenders to be transported, &c.
V. Provided, and be it enacted, That in all Cases wherein a capital Punishment shall have been awarded by a Court-martial, it shall be lawful for his Majesty, instead of causing such Sentence to be carried into Execution, to order the Offender to be transported as a Felon for Life, or for a certain Term of Years, as to his Majesty shall seem meet; and if the Person so transported, in pursuance of such Order from his Majesty, shall afterwards (without Leave from his Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported) return into or be found at large, without Leave as aforesaid, or other lawful Cause, within any Part ofGreat Britain or Ireland , before the Expiration of the Term limited by such Order, and shall be duly convicted thereof, he shall suffer Death as a Felon without Benefit of Clergy.
VI In either of such Cases, the Sentence, with his Majesty's Pleasure, shall be notified by Judge Advocate General to any Justice of K. B. &c. who shall make an Order for Transportation, as under 24 Geo. 3. c. 56. &c.
VI. And be it further enacted, That whenever his Majesty shall intend any such Sentence of a Court-martial to be carried into Execution, or shall be graciously pleased to extend his Mercy, upon Condition of Transportation, to any Offender liable to the Punishment of Death by the Sentence of a Court-martial, such Sentence, together with his Majesty's Pleasure upon the same, shall be notified in Writing by the Judge Advocate General of his Majesty's Forces inGreat Britain to any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer of the Degree of the Coif, and thereupon such Justice or Baron shall make an Order for the Transportation of such Offender, upon the Terms and for the Time which shall be specified in such Notification, and shall also make such other Order or Orders, and do all such other Acts consequent upon the same, as any such Justice or Baron is authorized to make or do by an Act passed in the twenty-fourth Year of his Majesty's Reign, intituled, An Act for the effectual Transportation of Felons and other Offenders, and to authorize the Removal of Prisoner in certain Cases, and for other Purposes therein mentioned , with respect to Offenders in such Act mentioned, tried at any Court of Oyer and Terminer or Gaol Delivery inEngland , as in the said Act mentioned; and such Order and Orders so to be made as aforesaid, and all such Acts as shall be so done as aforesaid, shall be obeyed and done by such Person in whose Custody such Offender shall at that Time be, and all other Persons whom it may concern, and shall be as effectual and have all the same Consequences as any Order made under the Authority of the said Act with respect to any Offender in the said Act mentioned, 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 Order and Orders, be assistant in the Execution thereof, and be liable to the same Punishment for Disobedience, or interrupting the Execution of the same, as they would be if the same had been made under the Authority of the aforesaid Act; and every Person so ordered to be transported as aforesaid shall be subject respectively to all and every the Provision and Provisions made by Law, and now in force concerning Persons convicted of any Crime and sentenced to be transported, or receiving his Majesty's Pardon on Condition of Transportation.
VII Such Notification and Order of Transportation shall be filed in the Office of the Clerk of the Crown, &c.
VII. And be it further enacted, That the Justice or Baron who shall make any such Order as aforesaid, under any such Notification of his Majesty's Pleasure as aforesaid, shall direct the said Notification, and his own Order made thereupon, to be filed in the Office of the Clerk of the Crown of his Majesty's Court of King's Bench, and to be there kept of Record; and the said Clerk of the Crown shall receive a Fee of two Shillings and Sixpence, and no more, for filing the same.
VIII Clerk of the Crown shall deliver Certificate of such Conviction, and Order of Transportation.
VIII. And be it further enacted, That the said Clerk of the Crown of his Majesty's Court of King's Bench shall, upon the Application of any such Offender who shall be ordered by his Majesty to be transported as aforesaid, or of any other Person applying on his Behalf, or on the Application of any Person on Behalf of his Majesty, deliver a Certificate in Writing under his Hand (not taking for the same more than two Shillings and Sixpence), containing an Account of the Christian Name and Surname of such Offender, of his Offence, of the Place where the Court was held, before whom he was convicted, and of the Terms and Conditions on which his Majesty's Order for such Offender's Transportation was given; which Certificate shall be sufficient Proof of the Conviction and Sentence of such Offender, and also of the Terms on which such Order for his Transportation was given, in any Court, and in any Proceeding wherein it may be necessary to enquire into the same.
IX Such Offenders shall be subject to the Laws touching Escape of Felons, &c.
IX. And be it further enacted, That if any Offender, under Sentence of Death by a Court martial as aforesaid, shall obtain his Majesty's conditional Pardon as aforesaid, all and every the Laws now in force, touching the Escape of Felons under Sentence of Death, shall apply to such Offender, and to all Persons aiding, abetting, or assisting in any Escape, or intended Escape of any such Offender, or contriving any such Escape, from the Time when such Order shall be made by such Justice or Baron as aforesaid, and during all the several Proceedings which shall be had for the Purposes aforesaid.
[∥ 10.as ∥ 5. of 42 G. 3. c. 88. ∥11—15. as ∥ 6—10. of 41 G. 3. (U.K. ) c. 11.]
XVI Officer or Soldier convicted of Crimes by Law shall not be entitled to Pay.
XVI. Provided always, and be it enacted, That no Officer or Soldier having been convicted in the ordinary Course of Law of any criminal Offence, shall, while under Confinement in consequence thereof, be entitled to any Part of his Pay from the Day on which such Conviction shall have taken place, nor until the Day of his Return to the Regiment, Troop, or Company to which he shall belong.
[∥ 17—21.as ∥ 11—15. of 41 G. 3. (U.K. ) c. 11. ∥ 22. as ∥ 16. of 42 G. 3. c. 88. ∥ 23, 24. as ∥ 17, 18. of 41 G. 3. (U.K. ) c. 11. ∥ 25. as ∥ 19. of 42 G. 3. c. 88. ∥ 26—43. as ∥ 20—37. of 41 G. 3. (U.K. ) c. 11.]
XLIV Penalty on Constables, &c. taking Money to excuse any Person from quartering;
XLIV. And be it further enacted by the Authority aforesaid, That if any High Constable, Constable, Beadle, or other Officer or Person whatsoever, who, by virtue or colour of this Act, shall quarter or billet, or be employed in quartering or billetting, any Officers or Soldiers, shall neglect or refuse to quarter or billet such Officers or Soldiers when thereunto required, in such Manner as is by this Act directed, provided sufficient Notice be given before the Arrival of such Troops; or shall receive, demand, contract, or agree for, any Sum or Sums of Money, or any Reward whatsoever, for or on account of excusing, or in order to excuse, any Person or Persons whatsoever, from quartering or receiving into his, her, or their House or Houses, any such Officeror Soldier; or in case any...
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