Page:Ruffhead - The Statutes at Large - vol 6.djvu/703

 A. D. 1745. Anno decimo odlavo Georgii II. C. 35,36. 637 CAP. xxxv. An A£b for the further regulating and better Government of his Majefly's Navies, Ships of War, and Forces by Sea •, and for regulating the Proceedings upon Courts Martial in the Sea Service. [Rep. 22 Geo. 2. c. 33.] and the feveral Crimes and Offences therein fpecified, are thereby directed to be enquired into, and ' tried by Courts Martial to be holden for that Purpofe : And it was thereby further enacted, 'J 'hat the ' Act, to grant Commiffions to inferior Vice Admirals or Commander in Chief of any Squadron of Ship;, ' vocate of any Fleet for the Time being fhould have full Power and Authority to adminifter an Oath, ' in order to the Examination or Trial of any of the Offences therein before mentioned ; and that in the ' Abfence of the judge Advocate, the Court Martial Ihould have full Power and Authority to appoint ' any Perfon to adminifter an Oath to the Purpofe aforefaid : And whereas by reafon of fome Defects in ' the faid Act of Parliament, and in the Constitution and Proceedings of fuch Courts Martial, great In- ' relating to the Government of his Majelly's Fleets, Navies and Ships of War, may efcape Puniihment, ' to the great Prejudice and Dishonour of thefe Kingdoms:' Therefore, for the remedying and fupplying the faid Defects, and for maintaining a proper and fbricTt Government and Discipline of his Majefty's Navy, wherein at all Times, and more efpecially in Time of War, the Wealth, Strength and Safety of thefe Kingdoms are fo much concerned ; Be it enacted, &c. " Lord High Admiral or Commiffioners, &c. may grant Commiffions to Flag Officers, csV. or Captains, " to call Courts Martial; Judge Advocate to collect the Evidence, inform the Court, and profecute; " 100/. Admiral, &c. by whofe Powers any Court Martial is held not to prefide therei.i; but Proceed- " ings to be laid before him. Perfons committing Perjury, or fuborning thereto, in any Court Martial, " to be puniined as by 5 Eliz. c. 9. and z Geo. z, c. 25. Corrupt Practices, to perfuade Perjury to be " ufed in any Court Martial, to be profecuted in the K'mg's Bench. The Offence fufficient to be fet forth, " without the Commiflion for holding the Court, &c. Articles of War, C3V. with refpect to Crews of " Ships wrecked or loft, to be in Force; except taken by the Enemy, until difcharged, removed or tried; " if on trial the Crew have done their Duty, their Pay to continue ; or having acted contrary thereto, to " be puniihed." C A P. XXXVI. An Act for prohibiting the Wearing and Importation of Cambricks and French Lawns. c IT fHEREAS it is evidently for the Advantage of this Kingdom, that the Wearing of Cambricks lg Gui t c s, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this pre- fent. Parliament affembled, and by the Authority of the fame, That from and after the twenty-fourth Day FrenchiJiwn to of June which fhall be in the Year of our Lord one thoufand feven hundred and forty-eight, it fhall not worn) under Pe- be lawful for any Perfon or Perfons whatfoever to wear in Great Britain, in any Garment or Apparel naity of 5 1. See whatfoever, any Cambrick or French Lawn, under the Penalty of forfeiting to the Informer the Sum of 21 Geo. i.e. 16. Jive Pounds, of lawful Money of Great Britain, for every fuch Offence, being lawfully convicted thereof b ™ b,c h this da by the Oath or Oaths of one or more credible Witnefs or Witneffes, before any one or more Juftice or "mm/cdlnd m- Juftices of the Peace; which Juftice or Juftices is and are hereby refpectively authorized, and ftrictly en- forced. joined and required, upon any Complaint or Information upon Oath, exhibited or brought of any fuch Offence committed contrary to this Act, within fix Days after Commitment thereof, to fummon the Party ^ ft n '7h t0 p Um " accufed, and upon his or her Appearance or Contempt, to proceed to Examination of the Matter of Fact; ™cuVed. e "' and upon due Proof thereof made, either by voluntary Confeffion of the Party, or by the Oath or Oaths of one or more credible Witnefs or Witneffes (which Oath or Oaths the faid Juftice or Juftices is and are hereby refpectively impowered and required to adminifter) to hear and determine the fame ; and upon fuch Conviction, to caufe the faid Penalty, by Warrant under his or their Hand and Seal, or Hands and Penalty to be Seals refpectively, to be levied by Diftrefs and Sale of the Offenders Goods and Chattels, rendering levied by Diftrefs the Overplus (the Charges of fuch Diftrefs and Sale being firft deducted) ; nevcrthelefs it (hall be lawful and Sale# for the Party agrieved, to appeal to the Juftices of the Peace at the next General Quarter-Seffions to be Appeal to the holden for the County, City, Riding, or Place, where the faid Offence or Offences lhall have been com- Quarter Seilions ; mitted, giving fix Days Notice at leaft of fuch Appeal to the Profecutor or Profecutors ; which Juftices, - - fxDa at fuch General Quarter-Seffions, are hereby authorized and impowered to hear and determine the n u«;. '* *** feme, whofe Determination fhall be final. 3 II. And
 * Lord High Admiral for the Time being fhould have full Power and Authority, by virtue of the (aid
 * to call and alYcmble Courts Martial, confiding of Commanders and Captains ; and th t the Judge Ad-
 * convenience may happen to the publick Service, and feveral Crimes and Offences, and Mifdemcanors,
 * ' and to fummon Witneffes ; Perfons fummoned not appearing, or not giving Evidence, fhall forfeit
 * and French Lawns fhould be prohibited ;' Be it enacted by the King's moft Excellent Majefty, 25, 27 & 36.