Page:Ruffhead - The Statutes at Large - vol 7.djvu/145

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A. D. 1748. Anno vicefimo primoGEORcn II. C. it, 12, loi XXVITI. And be it further enafled. That all Penalties and Forfeitures to be incurred for any Offences Forfeitures to againft this Aft in that Part of Great Britain called Scotland (other than thofe to be incurred by any Col- whom payable, leflor^ ihall be and be made payable to the Colledor of the Shire, Stewartry, City or Borough, within which the fame fiiall be incurred ; and all Penalties and Forfeituies to be incurred by any Perfon for any and how to be Offence arainft this A<51, for levying of which there is no particular Way herein before prefcribed or ap- recovered, pointed, fhall be levied by Warrant under the Hands of three or more Commifiioners of Supply for fuch Shire, Stewartry, City or Borough, by poinding and diftraining, and Sale of the Offender's Goods, ren- derinn- the Overplus to the Owner thereof, after Deduftion of reafonable Charges for diftraining the fame ; Account to be and that the Colledor of every Shire, Stewartry, City or Borough, ftiall keep an exail Account of all Fines, Jjeptof the For- Forfeitures and Sums of Money which he fhall happen to levy in Force of this Aft, other than and befide '="'"'^' ^'^• the fmgle Rates and Duties to be contained in the Affeffment to be delivered to him figned by the Commif- fioners as aforefaid, feparate and diftinfi: from his Account of the faid fmgle Rates and Duties, and {hall lay fuch Account before the Commifiioners aforefaid half-yearly, at the Time of their ftated half-yearly Meetings as aforefaid ; which faid Commifiioners, or the major Part of them, fhall have Power to dedu£t Allowance to be and allow to fuch Colleftor, fuch Part of the Sums charged in his feparate Account, as to them fhall feem i^^oJ" ^°'" meet, for anfwering and defraying the Expence of levying the fame, or fuch other incidental Expences as may accrue and arife in the Execution of this A61, and are not thereby^^rovided for : And the faid Commif- Certificates of iioners fhall caufe to be tranfmitted Certificates of the Ballance remaining due on every fuch Account, to the '"^^ '^^^".'^^ "• Offices of the King's Remembrancer in the Exchequer in Scotland, and of the Receiver General to be ap- to^ the'Exche- pointed for the Rates and Duties aforefaid at Edinburgh, to the End that fuch Ballance may be made a Charge quer, upon fuch Collector ; and fuch Colleftor fhall be obliged, and may be compelled, to pay the Ballance lb certified, to the faid Receiver General ; and the faid Receiver General fliall be obliged to pay the fame into Receiver Gene- the Receipt of his Majefty's Exchequer at JVeJiminJier, in the fame Manner as is herein before provided with ral to pay the refpedl to the aforefaid Rates and Duties. Monies imo the Exchequer at Weflminfter. Sie farther t6 Gcc. 2. c, jy, 31 Geo, 2. c, ZJ. 3a Gen, 2, (■.33. CAP. XI. An Aft for further regulating the Proceedings upon Courts-martial in the Sea Service; and for extending the Difcipline of the Navy to the Crews of his Majelly's Ships, wrecked, loft, or taken ; and for continuing to them their Wages upon certain Conditions. [Rep. 22 Geo. 2. c. 35.] ' X/ HE RE AS feveral Laws heretofore made, relating to Courts-martialin the Sea Service, have not ' W proved effeftual to anfwer the Ends thereby propofed ; therefore for remedying and fupplying the

  • faid Defedls, and for maintaining aproper and flrifl: Government and Difcipline in his Majefty's Navy j'

Be it enadted, i^c. " The Ofiicer upon Vv/hom the Command of a Fleet, ^c. fhall devolve, impowered to hold Courts -martial. " The Officer next in Command, to prefide. The Commander in Chief to impower the Commander of " a Squadron, ordered on feparate Service, to hold Courts-rnartial. Where five or more Ships meet in Fo- " reign Parts, the fenior Captain to hold Courts-martial, and prefide. Where it fhall be improper for the " Officer next in Command to prefide, the third Officer to be appointed. Admiralty impowered to direft

  • ' what Officer fhall hold Courts-martial in any Port in Great Britain or Ireland. No Court-martial to confift
  • ' of more than 9 or lefs than y. Where there are not more than 3 Captains to be had, other Commanders

" to be called in. No Member of the Court to go on Shore, till Sentence given. Officers conftitutinp- a " Court-martial to take an Oath. The Judge Advocate to take an Oath. Penalty of an Evidence guilty " of Contempt or Mifbehaviour j or of Perjury, bjc. Articles of War eflabliflied by 18 Geo. 2. c. ^t. to " be in Force with refpefl: to the Crews of Ships loft, (Jc. Claufe for continuing their Pay to the Officers

  • ' and Men, after a Ship is taken by an Enemy, isV. Aft i8 Geo. 2. c. 35. and Part of 2 W. & M. ap-
  • ' pointing the Form of an Oath, repealed."

CAP. XII. An Afl for holding the Sumnner Affizes for the County of Buckingham at the County Town of Buckingham. H E R E A S for many Years paft it hath been ufual in the Adminiftration of Jufrice to his Majefty's Subjefts, refiding at the different Ends of the County of Bttckiwrhajtu "/hich is of a reit Lensrch ,;,•.(- (-1,0 Q,,.^.„„- A /r„„„ „,.*!,., ("■ t..T r p. ..;_■,_;,____ _..?^i_ 'tit- . a „- ' ,. . . o ' for the faid County next after the Term of Holy Trinity, fliall be held and executed in each Year at ?nd in Buckingham the >"■■'>■•