Page:Ruffhead - The Statutes at Large - vol 7.djvu/654

634 C- ^' Anno viccfimo nono Georgii II. A. D. 1756. The Judge Ad- And fo foon as the faid Oaths (hall have been adminiftered to the refpe<5live Members, thePrefident of the vocatetobe Couit 15 hereby authorized and required to adtninifter to the Judge Advocate, or the Perlbn officiatiiig '" ' as fuch, an Oath in the following Words : /A. B. do /wear, Tloat I will not upon any Account at any Time whatfcroer difclofe or difiovcr the Vote or Opinion of any particular Member of the Court-martial, unlefs required to give Evidence thereof as a IVil- iiefs, by 'a Court- of Jujlice in a due Courfe of Law : So help me God. In Sentences of ^nd no Sentence of Death fliail be given againft any Offender by any fuch General Court-martial as Death, nine aforefaid, unlefs nine Officers prefent ihall concur therein ; and if there be more Officers pid'ent than OfFxers to thirteen, then the Judgment Ihall pafs by the Concurrence of two Thirds of the Officers prefent ; concur, &c. ^^^ ^^ Proceeding or Trial Ihall be had upon any Offence, but between the Hours of eight of Hours of Trial, the Cloclc in the Morning and three in the Afternoon, except in Cafes which require an immediate Example. The Party tried, VIII. Provided always. That the Party tried by any General Courts-martial to be held as aforefaid, intitisd to a f^^all be iniitled to a Copy of the Sentence and Proceedings of fuch Court-martial, upcn Demand there- SeTteiice and of made by himfelf, or by any other Perfon or Perfons on his Behalf (he or they paying reafonably for Proceedings. the fame) at any Time not fooner than three Months after fuch Sentence, whether fuch Sentence be ap- proved or not ; any thing in this A61 to the contrary notwithfcandlng. Proceedings,&c. IX. And be it enafled by the Authority aforefaid. That every judge Advocate, or Perfon officiating iiaUo"b"t'ranf- ^^ ^"^^ ^^ ^"V General Court-martial to be held as aforefaid, do, and he is hereby requnxd to traiifmit, mitted to the with as much Expedition as the Opportunity of Time and Diflance of Place can admit, the original Secretary of the Proceedings and Sentence of fuch Court-martial to the Secretary of the Admiralty for the time being ; - Admiralty, &c. ^j^j^^j^ original Proceedings and Sentence fhall be by him carefully kept and preferved in the OlEce of the Admiralty of Great Britain, to the End that the Perfons intitled thereto may be enabled, upon Ap- plication to the faid OiHce, to obtain Copies thereof according to the true Intent and Meaning of this Ac^. None to he tried X. Provided always, and it is hereby declared and enafled. That no Marine, either Officer or pri- afecondTime vate Man, being acquitted or convidfed of any Offence at any fuch Court-martial as aforefaid, Ihall be Offence?'"^ liable to be tried a fecond time by the fame or any other Court-martial for the fame Offence ; and that no Sentence given by any Court-martial, and figned by the Prefident thereof, be liable to be revifed bl"reviftd"mo'°e ^0'-^ than once. than once. XI. And be it further enadled. That if any Officer or private Man fhall defert his Majefiy's Service D'ferters be- '"^ ^^y ^^ ^^^ Dominions beyond the Seas, or elfewhere beyond the Seas, and fhall efcape and ccme in- yond Sea, &c. to this Realm or Ireland, before he be tried by a Court-martial for fuch Offence, and (hall be appre- may be tried hended for the fame ; fuch Officer or private Man fliall be tried for the fame as if the faid Offence had l"^nd ""^"^ ^"^' ^^^" committed within this Realm. XII. Provided always. That nothing in this A€t contained fhall extend, or be conftrued to extend to JkOTipt'^ny on" ^^'^P' ^"Y Marine, either Officer or private Man, whatfoever, while on Shore, from being proceeded Shore from againfl by the ordinary Courfe of Law. Procefs. XIII. Provided alfo, and be it further enadled. That no Perfon or Perfons being acquitted or convidf- Perfons tried by ^d of any Capital Crimes, Violences or Offences by the Civil Magiflrate, fhall be liable to be punifhed the Civil Aiagi- by a Court-martial for the fame, otherwife than by cafliiering. b'wSd'b^ XIV. Provided alfo, and be it further enaded, That if any Marine Officer, Non-commiffion Of- aComt martial. ^^^1^ or private Man flial! be accufed of any capital Crime, or of any Violence or Offence againft the Perfons accufed ^^^^°"' Eftate or Property of any of his Majefty's Subjeds, which is punifnable by the known Laws of capital of the Land ; the Commanding Officer or Officers of every Company or Party is and are hereby re- Crimes, &c. to quired to ufe his and their utmoft Endeavours to deliver over luch accufed Perfon to the Civil Magi- over^to^he f^rate ; and fhall alfo be aiding and aliifting to the Officers of Juftlce in the feizing and apprehending Civiiiviagiftrate, f"ch Offender, in order to bring him to Trial ; and if any fuch Commanding Officer fhall wilfully neg- &C. lec^t or refufe, upon Application made to him for that Purpofe, to deliver over any fuch accufed Perfon to the Civil Magiftrate, or to be aiding and afliffing to the Officers of Juftice in the apprehending fuch Offender; every fuch Officer fo offending, and being thereof convided before any two or more Ju- flices of the Peace for the County where the Fadl is committed, by the Oath of two credible Witnefies, fliall be deemed and taken to be ip/ofaffo cafliiered, and (hall be utterly difabled to have or hold any Civil or Military Office or Employment within this Kingdom, or in his R4ajefty's Service ; provided the faid Convidion be affirmed at the next Qiiarter-Seffions of the Peace for the faid County, and a Certi- ficate thereof tranfmitted to the Judge Advocate, who is hereby obliged to certify the fame to the next Court-martial. ' XV. And whereas his Majefty hath been gracioufly pleafed, in Compaffion to the dif^reffed Condi- ' tion of feveral Widows of Officers of the Army, who have loft their Lives in the Service of the ' late War, or during the late Rebellion, by Orders made under his Royal Sign Manual, to d'ncA his ' Commiffary General of the Mufters to allow upon the Mufter Rolls of all the Regiments, Troops and Companies, a Number of iiiSfitious Names therein mentioned, inftead of private Men, in order ' to raife and fettle a Fund for the Maintenance of luch Widows of Officers as are or ihall be intitled to ' his Royal Bounty ;' Therefore for the more effedfually fulfilling his Majefty's laid gracious Intentions with lefpec^ to the allowing of fictitious Names upon the Mufter Rolls of the faid Alarine Forces while on