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Naval Discipline Act 1860

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  1. Introductory Text

  2. Part I Articles of War

    1. Public Worship

      1. Public Worship to be performed.

        1. I.All Officers in Command of Her Majesty's Ships of War...

    2. Misconduct in the Presence of the Enemy

      1. Penalty for Misconduct in Action.

        1. II.Every Flag Officer, Captain, Commander or Officer commanding subject to...

      2. Penalty for not pursuing the Enemy and of not assisting a Friend in View.

        1. III.Every Officer subject to this Act who shall forbear to...

      3. Penalty for delaying or discouraging the Service, or deserting his Post, &c.

        1. IV.When any Action or any Service is commanded, every Person...

      4. Penalty for Misconduct of subordinate Officers and Men in Action.

        1. V.Every Person subject to this Act, and not being a...

    3. Communications with the Enemy

      1. Penalty for Spies.

        1. VI.All Spies for the Enemy shall be deemed to be...

      2. Penalty for corresponding, &c. with the Enemy.

        1. VII.Every Person subject to this Act who shall traitorously hold—...

      3. Penalty for improper Communication with the Enemy.

        1. VIII.Every Person subject to this Act who shall, without any...

    4. Neglect of Duty

      1. Penalty for abandoning Post, &c.

        1. IX.Every Person subject to this Act who shall desert his...

    5. Mutiny

      1. Penalty for Mutiny with Violence.

        1. X.X. Where Mutiny is accompanied by Violence, every Person subject...

      2. Penalty for Mutiny not accompanied by Acts of Violence.

        1. XI.Where a Mutiny is not accompanied by Violence, the Ringleaders...

      3. Penalty for inciting to Mutiny.

        1. XII.Every Person subject to this Act who shall endeavour to...

      4. Penalty for Civilians endeavouring to seduce from Allegiance

        1. XIII.Every Person, not otherwise subject to this Act, who, being...

      5. Penalty for making mutinous Assemblies or uttering seditious Words.

        1. XIV.Every Person subject to this Act who shall make or...

      6. Penalty for concealing any traitorous or mutinous Practice, Design, or Words.

        1. XV.Every Person subject to this Act who shall wilfully conceal...

      7. Penalty for striking or offering to strike superior Officer.

        1. XVI.Every Person subject to this Act who shall strike or...

    6. Insubordination

      1. Penalty for Disobedience or using threatening Language to superior Officer.

        1. XVII.Every Person who shall wilfully disobey any lawful Command of...

      2. Penalty for quarrelling, &c, or using reproachful Speech or Gestures.

        1. XVIII.Every Person subject to this Act who shall quarrel or...

    7. Desertion and Absence without Leave

      1. Penalty for Desertion.

        1. XIX.Every Person subject to this Act who shall absent himself...

      2. Penalty for inducing any Person to desert.

        1. XX.Every Person subject to this Act who shall endeavour to...

      3. Penalty for entertaining a Deserter.

        1. XXI.Every Officer in Command of any Ship of Her Majesty...

      4. Penalty for Absence without Leave.

        1. XXII.Every Person subject to this Act who shall be absent...

    8. Miscellaneous Offences

      1. Penalty for profane Swearing and other Immoralities.

        1. XXIII.Every Person subject to this Act who shall be guilty...

      2. Penalty on Officer for Cruelty or Oppression.

        1. XXIV.Every Officer subject to this Act who shall be guilty...

      3. Penalty for suffering Ships to be improperly lost.

        1. XXV.Every Person subject to this Act who shall either designedly...

      4. Penalty for not taking care of and defending Ships under Convoy.

        1. XXVI.The Officers of all Ships of Her Majesty appointed for...

      5. Master of Merchant Vessel to obey Orders of convoying Officer.

        1. XXVII.Every Master or other Officer in Command of any Merchant...

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

        1. XXVIII.Every Officer in Command of any of Her Majesty's Ships...

      7. Penalty for embezzling Public Stores.

        1. XXIX.Every Person subject to this Act who shall wastefully expend,...

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

        1. XXX.Every Person subject to this Act who shall unlawfully set...

      9. Penalty for making or signing false Musters.

        1. XXXI.Every Person subject to this Act who shall knowingly make...

      10. Penalty for Misconduct in Hospital.

        1. XXXII.Every Person subject to this Act who shall wilfully do...

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

        1. XXXIII.Every Person subject to this Act who shall have any...

      12. Penalty for Offences against Naval Discipline not particularly mentioned.

        1. XXXIV.Every Person subject to this Act who shall be guilty...

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

        1. XXXV.All the Papers, Charter Parties, Bills of Lading, Passports, and...

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

        1. XXXVI.No Person subject to this Act shall take out of...

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

        1. XXXVII.If any Ship or Vessel shall be taken as Prize,...

      16. Penalty for Offences punishable by ordinary Law.

        1. XXXVIII.Every Person subject to this Act who shall be guilty...

      17. Offences, when punishable.

        1. XXXIX.For all Offences specified or referred to in this Act,...

  3. Part II General Provisions

    1. XL.Power of Court-martial to find Intent with which Offence committed.

    2. XLI.Power of Court-martial to find Prisoner guilty of lesser Offence on Charge of greater.

    3. XLII.Rebels and Mutineers to be deemed Enemies.

    4. XLIII.Power to arrest Offenders.

    5. XLIV.Penalty for not assisting in Detection of Prisoners.

  4. Part III Regulations as to Punishments

    1. XLV.Punishments.

    2. XLVI.Regulations as to Punishments.

    3. XLVII.Limitation of Time as to Trials.

    4. XLVIII.Scale of Punishment.

    5. XLIX.Authorities having Power to try Offences.

  5. Part IV Courts-martial

    1. Constitution of Courts-martial

      1. Constitution of Courts-martial.

        1. L.The following Regulations are hereby made with respect to Courts-martial:...

    2. Proceedings of Courts-martial

      1. Sittings of Courts-martial.

        1. LI.A Court-martial held in pursuance of this Act shall sit...

      2. Appointment of officiating Judge Advocate.

        1. LII.In the Absence of a Judge Advocate or his Deputy,...

      3. Proceedings at Trial.

        1. LIII.As soon as the Court is assembled, the Names of...

      4. Oaths to be administered to Members of Courts-martial.

        1. LIV.Before the Court shall proceed to try the Prisoner, the...

      5. Oath to be administered to Judge Advocate, &c.

        1. LV.As soon as the said Oath shall be administered to...

      6. Summoning Witnesses.

        1. LVI.Every Person, Civil, Naval, and Military, who may be required...

      7. Penalty on Persons giving false Evidence.

        1. LVII.Every Person who, upon any Examination upon Oath or upon...

      8. Where Persons are insane at the Time of Offence or Trial.

        1. LVIII.Where it shall appear upon the Trial by Court-martial of...

      9. Report of Proceedings of Courts-martial.

        1. LIX.Every Judge Advocate, or Person officiating as Judge Advocate, shall...

  6. Part V Penal Servitude and Prisons

    1. Penal Servitude

      1. Sentence of Penal Servitude.

        1. LX.Whenever any Sentence of Death shall be commuted for Penal...

      2. Disposal of Offender after Sentence of Penal Servitude.

        1. LXI.When any Sentence of Death shall have been commuted for...

      3. Subsistence of Offender.

        1. LXII.In case any such Offender shall be conveyed to any...

      4. Imprisonment of Offender already under Sentence for previous Offence.

        1. LXIII.Whenever Sentence shall be passed by a Court-martial on an...

    2. Prisons

      1. Term and Place of Imprisonment.

        1. LXIV.Every Term of Penal Servitude or of Imprisonment in pursuance...

      2. Place of Imprisonment may be changed, &c.

        1. LXV.Whenever it is deemed expedient it shall be lawful for...

      3. Expenses of Removal or Subsistence of Prisoners.

        1. LXVI.The Gaoler or other Person removing any Offender in pursuance...

      4. Proviso for Discharge or Removal of Prisoners.

        1. LXVII.Whenever any Prisoner is undergoing Imprisonment in pursuance of this...

      5. Proviso as to Time of Detention in Naval Custody.

        1. LXVIII.The Time during which any Prisoner under Sentence of Imprisonment...

      6. In case of Insanity Prisoners to be removed to some Lunatic Asylum.

        1. LXIX.If any Person imprisoned by virtue of this Act shall...

      7. Admiralty may set apart Buildings and Ships as Naval Prisons.

        1. LXX.The Admiralty may set apart any Buildings or Vessels, or...

      8. Penalties on aiding Escape or Attempt to escape of Prisoners, and on Breach of Prison Regulations.

        1. LXXI.If any Person shall convey or cause to be conveyed...

      9. Penalty as regards Gaolers, &c.

        1. LXXII.Every Governor, Gaoler, and Keeper of any Prison, Gaol, or...

      10. Pay of Offenders to be stopped during Imprisonment, &c.

        1. LXXIII.During the Imprisonment of any Person in pursuance of this...

  7. Part VI Supplemental Provisions

    1. LXXIV.Short Title of Act.

    2. LXXV.Commencement of Act.

    3. LXXVI.Definition Clause.

    4. LXXVII.Persons subject to this Act.

    5. LXXVIII.Land Forces embarked as Passengers.

    6. LXXIX.Other Persons embarked as Passengers.

    7. LXXX.Crews of Ships lost or destroyed.

    8. LXXXI.All the Officers and Crew of lost Ship may be tried by One Court.

    9. LXXXII.Or by separate Courts.

    10. LXXXIII.For subsequent Offence, separate Court.

    11. LXXXIV.Pay of Crews of Ships lost or taken.

    12. LXXXV.When Ship of senior Officer is lost he may dispose of Officers and Crew of lost Ship.

  8. Part VII Repeal of Acts, and Saving Clause

    1. LXXXVI.Repeal of Acts and Parts of Acts.

    2. LXXXVII.Trial of Offences against repealed Acts.

    3. LXXXVIII.Reservation of Power of Admiralty.

    4. LXXXIX.Act not to supersede Authority of ordinary Courts.

    1. Schedule

      to which this Act refers

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