Page:Ruffhead - The Statutes at Large - vol 7.djvu/202

^5^ of rcVievtnj Entmy j C. 33' Anno vicefimo fecundo Georgii II. A. D. 1749. cf not fending all Papeis found aboard Prize Ships J ff taking T;fFc«s out~of any Prize before condemn^ ed: of Stripping or ill ufing Perfons taken on Board a Prize J of not preparing for Fight , and encourciging the IV.en in Time of /. £lion J of difcc-eying Orders in Time of Aiftion, &c. of Cowardice or Meglcft of Duty in Time of Aflion : of not pLufiiing c F.nemy, and o' not allilting a Friend; of delaying or difcouragingthe Service, on Ac- count of Wager, &c. of deferting, or runnini; iway with Ship or Stores-: of dcfcrtingj or imicingoiherjj tain, Officer, Mariner or other in the Fleet, to betray his TrufV, being convicted of any fuch Offence by the Sentence of the Court-martial, fiiall be puniflied with Death, or fuch other Punifhment as the Na- ture and Degree of the Offence Ihall deferve, and the Court-martial fnall impofe. "• 6. No Perfon in the Fleet fhalj relieve an Enemy or Rebel with Money, Victuals, Pov/der, Shot, Arms, Ammunition or any other Supplies whatfoever, directly or indirectly, upon Pain of Death, or fuch other Punifhmcnt as the Court-martial fliall think fit to impofe, and as the Nature and Degree of th; Crime (hall deferve. ' 7. All the Papers, Charter Parties, Bills of Lading, Paffports and other Writings whatfoever, that fhall be taken, feized or found aboard any Ship or Ships which fhall be furprized or taken as Prize, fhal! be duly preferved, and the very Originals fhall by the Commanding OfHcer of the Ship w'^iich fhall take fucii Prize, be fent intirely, and v/ithout Fraud, to the Court of Admiralty, or fuch other Court of Commif- fioners, as fhall be authorized to determine whether fuch Prize be lawful Capture, there to be viewed^ made ufe of, and proceeded upon according to Law; upon Pain that every Perfon offending herein, fhall forfeit and lofe his Share of the Capture, and fhall fuffer fuch further Punifhment, as the Nature and De- gree of his Offence fhall be found to deferve, and the Court-martial flrall impofe. ' 8. No Perlon in or belonging to the Fleet fhall take out of any Prize, or Ship feized for Prize, any Money, Plate or Goods, unlets it fhall be neceffary for the better fecuring thereof, or for the nccelfary Ufe and Service of any of his Majcfty's Ships or Veflels of War, before the fame be adjudged lawful Prize in fome Admiralty Court; but the full and entire Account of the whole, without Imbezzlement, fhall be brought in, and Judgment pafled intirely upon the whole without Fraud; upon Pain that every Per on of- fending herein iliall forfeit and lofe his Share of the Capture, and fuffer fuch further Punifliment as (liall be impofed by a Court-martial, or fuch Court of Admiralty, according to the Nature and Degree of the Offence. ' 9. If any Ship or Vcffel fliall be taken as Prize, none of the OfHcers, Mariners or other Perfons on Board her, fhall be {tripped of their Cloaths, or in any fort pillaged, beaten or evil-intreated; upon Pain that the Perfon or Perfons fo offending, fhall be liable to fuch Punifhment as a Court-martial Iliall think fittoinflia. ' 10. Every Flag Officer, Captain and Commander In the Fleet, who, upon Signal or Order of Fight, or Sight of any Ship or Ships which it may be his Duty to engage, or who, upon Likelihood of En- gagement, fnall not make the neceffary Preparations for Fight, and fhall not in his own Perfon, and ac- cording to his Place, encourage the inferior OfBcers and Men to fight courageoufly, {hall fuffer Death, or fuch other Punifhment, as from the Nature and Degree of the Offence a Court-martial {hall deem him to deferve; and if any Perfon in the Fleet fhall treacheroufly or cowardly yield or cry for Quarter, every Perfon fo offending, and being convi£ted thereof by the Sentence of a Court-martial, {hall fuffer Death. '11. Every Perfon in the Fleet, who {hall not duly obferve the Orders of the Admiral, Flag OfEcer, Commander of any Squadron or Divifion, or other his fuperior Officer, for affailing, joining Battle with, or making Defence againfl any Fleet, Squadron or Ship, or {ball not obey the Orders of his fuperior Of- ficer as aforefaid in Time of Adtion, to the beft of his Power, or {hall not ufe all pofTible Endeavours to put the fame effedtually in Execution, every fuch Perfon fo offending, and being convicted thereof by the Sentence of the Court-martial, fliall fuffer Death, or fuch other Punifliment, as from the Nature and Degree of the Offence a Coiu-t -martial fhall deem him to deferve. 12. Every Perfon in the Fleet, who through Cowardice, Negligence or Difaffedtion, fhall in Time of AiStion withdraw or keep back, or not come into the Fight or Engagement, or {hail not do his ut- mo{l to take or deftroy every Ship which it {hall be his Duty to engage, and to aflift and relieve all and every of his Majefry's Ships, or thofe of his Allies, which it fhall be his Duty to alTift and relieve, every fuch Perfon fo offending, and being conviiSted thereof by the Sentence of a Court-martial, lliall fuffer Death. II. Every Perfon in the Fleet, who through Cowardice, Negligence or DilaffeiTtion, fhall forbear to purfue the Chace of any Enemy, Pirate or Rebel, beaten or flying; or fhall not relieve or afiilt a known i'ricnd in View to the utmoft of his Power; being convidted of any fuch Oflence by the Sentence of a Court-martial, fhall fuffer Death. 14. If[ when Action, or any Service fhall be commanded, any Perfon in the Fleet fhall prefume to de- lay or difccurage the faid Aftion or Service, upon Pretence of Arrears of tVages, or upon any Pretence whatfoever, every Perfon fo offending, being convi^Sted thccof by the Sentence of the Court-m.artial, fhall fuffer Death, or fuch other Punifhment, as from the Nature and Degree of the Offence a Court- martial {hall deem him to deferve. 15;. Every Perfon in or belonging to the Fleet, who fliall dcfcrt to the Enemy, Pirate or Rebel, or run away with any of his MajtIty's'Ships or Vcffels of War, or any Ordnance, Ammunition, Stores or Pro- vifion belonging thereto, to the weakening of the Service, or yield up the fame cowardly or treacheroufly to the Enemy, Pirate or Rebel, beins; convitSted of any fuch Offence by the Sentence of the Court-mar- thl fliall fuffer Death. 16. Every Perfon in or belonging to the Fleet, who fliall defcrt or intice others fo to do, fliall fuffer Death, or fuch other Punifhment as the Circumftances of the Offence fliall deferve, and a Ccurt-martial fhall judge fit : And if any Commanding Officer of any of his Majefty's Ships or Veffels of War fliall re- ceive or entertain a Dcferter from ar,y other of his R^ajefty's Ships or V'effels, after difcovering him to be fuch Defcrter, and {hall not with all convenient Speed give Notice to the Captain of the Ship or Veffello which fuch Defcrter belongs; or if the faid Ships or Vcficls arc at any confiderablc Diftance from each other, to the Secretary of the Admiralty, or to the Commander in Chief; every Perfon lb offending, and being conveited thereof by die Sentence of the Court-m^irtial, fliall be cafliiered. . ' « I-. The