xmlns:atom="http://www.w3.org/2005/Atom"

PART IArticles of War

Miscellaneous Offences

XXIIIPenalty for profane Swearing and other Immoralities.

Every Person subject to this Act who shall be guilty of profane Oaths, Cursings, Execrations, Drunkenness, Uncleanness, or other scandalous Actions in derogation of God's Honour and Corruption of good Manners, shall be dismissed from Her Majesty's Service, or suffer such other Punishment as is herein-after mentioned.

XXIVPenalty on Officer for Cruelty or Oppression.

Every Officer subject to this Act who shall be guilty of Cruelty, or of any scandalous or fraudulent Conduct, shall be dismissed with Disgrace from Her Majesty's Service; and every Officer subject to this Act who shall be guilty of any other Conduct unbecoming the Character of an Officer shall be dismissed, with or without Disgrace, from Her Majesty's Service.

XXVPenalty for suffering Ships to be improperly lost.

Every Person subject to this Act who shall either designedly or negligently suffer any Ship of Her Majesty to be improperly lost, stranded, or hazarded, shall be dismissed from Her Majesty's Service, with or without Disgrace, or suffer Imprisonment or such other Punishment as is herein-after mentioned.

XXVIPenalty for not taking care of and defending Ships under Convoy.

The Officers of all Ships of Her Majesty appointed for the Convoy and Protection of any Ships or Vessels shall diligently perform their Duty without Delay according to their Instructions in that Behalf; and every Officer who shall fail in his Duty in this respect, and shall not defend the Ships and Goods under his Convoy, without Deviation to any other Objects, or shall refuse to fight in their Defence if they are assailed, or shall cowardly abandon and expose the Ships in his Convoy to Hazard, or shall demand or exact any Money or other Reward from any Merchant or Master for convoying any Ships or Vessels entrusted to his Care, or shall misuse the Masters or Mariners thereof, shall make such Reparation in Damages to the Merchants, Owners, and others as the Court of Admiralty may adjudge, and also shall be punished criminally according to the Nature of his Offence, by Death or such other Punishment as is herein-after mentioned.

XXVIIMaster of Merchant Vessel to obey Orders of convoying Officer.

Every Master or other Officer in Command of any Merchant or other Vessel under the Convoy' of any Ship of Her Majesty shall obey the Commanding Officer thereof in all Matters relating to the Navigation or Security of the Convoy, and shall take such Precautions for avoiding the Enemy as may be directed by such Commanding Officer ; and if he shall fail to obey such Directions such Commanding Officer may compel Obedience by Force of Arms, without being liable for any Loss of Life or of Property that may result from his using such Force.

XXVIIIPenalty for taking any Goods on board other than fpr the Use of the Vessel, except Gold, Silver, Jewels, &c.

Every Officer in Command of any of Her Majesty's Ships who shall receive on board', or permit to be received on board, such Ship any Goods or Merchandises whatsoever, other than for the sole Use of the Ship, except Gold, Silver, or Jewels, and except the Goods and Merchandise belonging to any Merchant or on board any Ship which may be shipwrecked or in imminent Danger, either on the High Seas or in some Port, Creek, or Harbour, for the Purpose of preserving them for their proper Owners, or except such Goods or Merchandise as he may at any Time be ordered to take or receive on board by Order of the Admiralty, shall be dismissed from Her Majesty's Service, or suffer such other Punishment as is herein-after mentioned.

XXIXPenalty for embezzling Public Stores.

Every Person subject to this Act who shall wastefully expend, embezzle, or fraudulently buy, sell, or receive, any Ammunition, Provisions, or other Public Stores, and every Person subject to this Act who shall knowingly permit any such wasteful Expenditure, Embezzlement, Sale, or Receipt, shall suffer Imprisonment or such other Punishment as is herein-after mentioned.

XXXPenalty for burning any Magazine or Vessel, &c. not belonging to an Enemy.

Every Person subject to this Act who shall unlawfully set fire to any Dockyard, Victualling Yard, or Steam Factory Yard, Arsenal, Magazine, Building, Stores, or to any Ship, or Furniture thereunto belonging, not being the Property of an Enemy, Pirate, or Rebel, shall suffer Death or such other Punishment as is hereinafter mentioned.

XXXIPenalty for making or signing false Musters.

Every Person subject to this Act who shall knowingly make or sign a false Muster or Record or other official Document, or who shall command, counsel, or procure the making or signing thereof, or who shall aid or abet any other Person in the making or signing thereof, shall be dismissed from Her Majesty's Service, with or without Disgrace, or suffer such other Punishment as is hereinafter mentioned.

XXXIIPenalty for Misconduct in Hospital.

Every Person subject to this Act who shall wilfully do any Act, or wilfully disobey any Orders, whether in Hospital or elsewhere, with Intent to produce or to aggravate any Disease or Infirmity, or to delay his Cure, or who shall feign any Disease, Infirmity, or Inability to perform his Duty, shall suffer Imprisonment, or such other Punishment as is herein-after mentioned.

XXXIIIPenalty for endeavouring to stir up any Disturbance on account of Unwholesomeness of the Victuals or other just Grounds.

Every Person subject to this Act who shall have any Cause of Complaint, either of the Unwholesomeness of the Victuals or upon any other just Ground, shall quietly make the same known to his Superior, or Captain, or Commander-in-Chief, and the said Superior, Captain, or Commander-in-Chief shall, as far as he is able, cause the same to be presently remedied; and no Person subject to this Act upon any Pretence whatever shall attempt to stir up any Disturbance, upon Pain of such Punishment as a Court-martial may think fit to inflict, according to the Degree of Offence.

XXXIVPenalty for Offences against Naval Discipline not particularly mentioned.

Every Person subject to this Act who shall be guilty of any Act, Disorder, or Neglect to the Prejudice of good Order and Naval Discipline, not herein-before specified, shall suffer Imprisonment, or such other Punishment as is herein-after mentioned.

XXXVPenalty for not sending to the Court of Admiralty all Papers found aboard Prize Ships.

All the Papers, Charter Parties, Bills of Lading, Passports, and other Writings whatsoever that shall be taken, seized, or found aboard any Ship or Ships which shall be taken as Prize shall be duly preserved, and the Commanding Officer of the Ship which shall take such Prize shall send the Originals entire and without Fraud to the Court of Admiralty, or such other Court or Commissioners as shall be authorized to determine whether such Prize be lawful Capture, there to be viewed, made use of, and proceeded upon, according to Law, upon Pain that every Person offending herein shall be dismissed from Her Majesty's Service, or shall suffer such further Punishment as is herein-after mentioned, and in addition thereto shall forfeit and lose his Share of the Capture.

XXXVIPenalty for taking Money or other Effects out of any Prize before the same shall be condemned.

No Person subject to this Act shall take out of any Prize or Ship seized for Prize any Money, Plate, or Goods, unless it shall be necessary for the better securing thereof, or for the necessary Use and Service of any of Her Majesty's Ships and Vessels of War, before the same be adjudged lawful Prize in some Admiralty Court; but the full and entire Account of the whole without Embezzlement shall be brought in, and Judgment passed entirely upon the whole, without Fraud, upon Pain that every Person offending herein shall be dismissed from Her Majesty's Service, with or without Disgrace, or suffer such other Punishment as is herein-after mentioned, and in addition thereto forfeit and lose his Share of the Capture.

XXXVIIPenalty for stripping or ill-using Persons taken on board a Prize.

If any Ship or Vessel shall be taken as Prize, none of the Officers, Mariners, or other Persons on board her shall be stripped of their Clothes, or in any sort pillaged, beaten, or evil intreated, upon Pain that the Person or Persons so offending shall be dismissed from Her Majesty's Service, with or without Disgrace, or suffer such other Punishment as is herein-after mentioned. Offences punishable by ordinary Law.

XXXVIIIPenalty for Offences punishable by ordinary Law.

Every Person subject to this Act who shall be guilty of Murder shall suffer Death:

XXXIXOffences, when punishable.

For all Offences specified or referred to in this Act, if committed by any Person subject thereto in any Harbour, Haven, or Creek, or on any Lake or River, whether in or out of the United Kingdom or anywhere within the Jurisdiction of the Admiralty, or at any Place on Shore out of the United Kingdom of Great Britain and Ireland, or in any of Her Majesty's Dockyards, Victualling Yards, Steam Factory Yards, or on any Gun Wharf, or in any Arsenal, Barrack, or Hospital belonging to Her Majesty, whether in or out of the said United Kingdom, the Offender may be tried and punished under this Act, and for all Offences herein-before specified under the Headings " Communications with the Enemy," " Mutiny," " Insubordination," " Desertion and Absence without Leave," or " Miscellaneous Offences," if committed by any Person subject to this Act at any Place on Shore, whether in or out of the said United Kingdom, the Offender may be tried and punished under this Act.