Naval Discipline Act 1866
| Jurisdiction | UK Non-devolved |
Naval Discipline Act, 1866
(29 & 30 Vict.) C A P. CIX.
An Act to make Provision for the Discipline of the Navy.
[10th August 1866]
W HEREAS it is expedient to amend the Law relating to the Government of the Navy, whereon, under the good Providence of God, the Wealth, Safety, and Strength of the Kingdom chiefly depend:
Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
PART I.
Articles of War.
Public Worship.
1 Public Worship to be performed.
1. An Officers in Command of Her Majesty's Ships of War shall cause the Public Worship of Almighty God according to the Liturgy of the Church ofEngland established by Law to be solemnly, orderly, and reverently performed in their respective Ships, and shall take care that Prayers and Preaching, by the Chaplains in Holy Orders of the respective Ships, be performed diligently, and that the Lord's Day be observed according to Law.
Misconduct in the Presence of the Enemy.
2 Penalty for Misconduct in Action.
2. Every Flag Officer, Captain, Commander or Officer commanding subject to this Act who upon Signal of Battle, or on Sight of a Ship of an Enemy which it may be his Duty to engage, shall not,
(1) (1.) Use his utmost Exertion to bring his Ship into Action;
(2) (2.) Or shall not during such Action, in his own Person and according to his Rank, encourage his inferior Officers and Men to fight courageously;
(3) (3.) Or who shall surrender his Ship to the Enemy when capable of making a successful Defence, or who in Time of Action shall improperly withdraw from the Fight,
shall, if he has acted traitorously, suffer Death; if he has acted from Cowardice shall suffer Death, or such other Punishment as is herein-after mentioned; and if he has acted from Negligence, or through other Default, he shall be dismissed from Her Majesty's Service, with or without Disgrace, or shall suffer such other Punishment as is herein-after mentioned.
3 Penalty for not pursuing the Enemy and of not assisting a Friend in View.
3. Every Officer subject to this Act who shall forbear to pursue the Chase of any Enemy, Pirate, or Rebel, beaten or flying, or shall not relieve and assist a known Friend in View to the utmost of his Power, or who shall improperly forsake his Station, shall, if he has therein acted traitorously, suffer Death; if he has acted from Cowardice, suffer Death or such other Punishment as is herein-after mentioned; if he has acted from Negligence, or through other Default, shall be dismissed from Her Majesty's Service, with Disgrace, or shall suffer such other Punishment as is herein-after mentioned.
4 Penalty for delaying or discouraging the Service, or deserting his Post, &c.
4. When any Action or any Service is commanded, every Person subject to this Act who shall presume to delay or discourage the said Action or Service upon any Pretence whatsoever, or in the Presence or Vicinity of the Enemy shall desert his Post or sleep upon his Watch, shall suffer Death or such other Punishment as is herein-after mentioned.
5 Penalty for Misconduct of Subordinate Officers and Men in Action.
5. Every Person subject to this Act, and not being a Commanding Officer, who shall not use his utmost Exertions to carry the Orders of his Superior Officers into execution when ordered to prepare for Action, or during the Action, shall, if he has acted traitorously, suffer Death; if he has acted from Cowardice shall suffer Death, or such other Punishment as is herein-after mentioned; and if he has acted from Negligence, or through other Default, be dismissed from Her Majesty's Service, with Disgrace, or suffer such other Punishment as is herein-after mentioned.
Communications with the Enemy.
6 Penalty for Spies.
6. All Spies for the Enemy shall be deemed to be Persons subject to this Act, and shall suffer Death or such other Punishment as is herein-after mentioned.
7 Penalty for corresponding &c. with the Enemy.
7. Every Person subject to this Act who shall—
(1) (1.) Traitorously hold Correspondence with or shall give Intelligence to the Enemy;
(2) (2.) Or fail to make known to the proper Authorities any Information he may have received from the Enemy;
(3) (3.) Or who shall relieve the Enemy with any Supplies, shall suffer Death, or such other Punishment as is herein-after mentioned.
8 Penalty for improper Communication with the Enemy.
8. Every Person subject to this Act who shall, without any treacherous Intention, hold any improper Communication with the Enemy, shall be dismissed with Disgrace from Her Majesty's Service, or shall suffer such other Punishment as is herein-after mentioned.
Neglect of Duty.
9 Penalty for abandoning Post, &c.
9. Every Person subject to this Act who shall desert his Post or sleep upon his Watch, or negligently perform the Duty imposed on him, shall be dismissed from Her Majesty's Service, with Disgrace, or shall suffer such other Punishment as is herein-after mentioned.
Mutiny.
10 Penalty for Mutiny accompanied by Acts of Violence.
10. Where Mutiny is accompanied by Violence, every Person subject to this Act who shall join therein shall suffer Death, or such other Punishment as is herein-after mentioned; and every Person subject to this Act who shall not use his utmost Exertions to suppress such Mutiny shall, if he has acted traitorously, suffer Death, or such other Punishment as is herein-after mentioned; if he has acted from Cowardice, shall suffer Penal Servitude or such other Punishment as is herein-after mentioned; if he has acted from Negligence he shall be dismissed from Her Majesty's Service, with Disgrace, or suffer such other Punishment as is herein-after mentioned.
11 Penalty for Mutiny not accompanied by Acts of Violence.
11. Where a Mutiny is not accompanied by Violence, the Ringleader or Ringleaders of such Mutiny shall suffer Death, or such other Punishment as is herein-after mentioned; and all other Persons who shall join in such Mutiny, or shall not use their utmost Exertions to suppress the same, shall suffer Imprisonment or such other Punishment as is herein-after mentioned.
12 Penalty for inciting to Mutiny.
12. Every Person subject to this Act who shall endeavour to seduce any other Person subject to this Act from his Duty or Allegiance to Her Majesty, or endeavour to incite him to commit any Act of Mutiny, shall suffer Death or such other Punishment as is herein-after mentioned.
13 Penalty for Civilians endeavouring to seduce from Allegiance.
13. Every Person not otherwise subject to this Act, who, being on board any Ship of Her Majesty, shall endeavour to seduce from his Duty or Allegiance to Her Majesty any Person subject to this Act, shall so far as respects such Offence be deemed to be a Person subject to this Act, and shall suffer Death or such other Punishment as is herein-after mentioned.
14 Penalty for making mutinous Assemblies or uttering seditious Words.
14. Every Person subject to this Act who shall make or endeavour to make any mutinous Assembly, or shall lead or incite any other Person to join in any mutinous Assembly, or shall utter any Words of Sedition or Mutiny, shall suffer Penal Servitude or such other Punishment as is herein-after mentioned.
15 Penalty for concealing any traitorous or mutinous Practice, Design, or Words.
15. Every Person subject to this Act who shall wilfully conceal any traitorous or mutinous Practice or Design, or any traitorous or mutinous Words spoken against Her Majesty, or any Words, Practice, or Design tending to the Hindrance of the Service, shall suffer Penal Servitude or such other Punishment as is herein-after mentioned.
16 Punishment for striking or attempting to strike, &c. superior Officer.
16. Every Person subject to this Act who shall strike, or with any Weapon attempt to strike, or draw or lift up any Weapon against his superior Officer being in the Execution of his Office, shall be punished with Death or such other Punishment as is herein-after mentioned; and every Person subject to this Act who shall, otherwise than with a Weapon, attempt to strike or use or attempt to use any Violence against his superior Officer being in the Execution of his Office, shall be punished with Penal Servitude or such other Punishment as is herein-after mentioned; and every Person subject to this Act who shall strike or attempt to strike, or draw or lift up any Weapon against, or use or attempt to use any Violence against his superior Officer not being in the Execution of his Office, shall be punished with Penal Servitude or such other Punishment as is herein-after mentioned;
Insubordination.
17 Penalty for Disobedience or using threatening Language to superior Officer.
17. Every Person subject...
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