Page:Ruffhead - The Statutes at Large - vol 7.djvu/203

 * L D. 1749. Anno viceflmo fecunclo Ge org 11 11. ^'33' ^59 ' 17. The Officc-rR and Seamen of all Ships appointed for Convoy and Guard of Merchant Ships, or of of not taking any other, fhall diligently attend upon that Charge, without Delay, according to their Inftrudtions in that Care of S-hiiJs Behalf; and u'hofoever (liall be faulty therein, and iliall not faithfully perform their Duty, and defend "ndcrConvoy ; the Ships and Goods in their Convoy, without either diverting to other Parts or Occafions, or refufing or neoleiSting to fight in their Defence, if they be aflailed, or running away cowardly, and fubmittiiig the Ships in their Convoy to Peril and Hazard ; or fliall demand or exaft any Money or other Reward from any Merchant or Mafter for convoying of any Ships or VefTels intrufled to their Care, or iliall mifufe the Mailers or A'lariners thereof; fliall be condemned to make Reparation of the Damage to the Merchants, Oivners and others, as the Court of Admiralty fliall adjudge, and alfo be punifhed criminally according to the Quality of their Offences, be it by Pains of Death or other Punifliment, according as fliall be adjudged fit by the Couit-martial. ' iS. If any Captain, Commander or other Officer of any of his Majefly's Ships or VefTels, fliall receive of taking Gcoils on Board, or permit to be received on Board fuch Ship or VefTel, any Goods or Merchandizes whatfo- T '^"A'^'^i'/c-f' ever, other than for the fole Ufe of the Ship or Veffel, except Gold, Silver or Jewels, and except the v^r" lewcU &c. Goods and Merchandizes belonging to any Merchant or other Ship or Veffel which may be fhipwrecked, or in imminent Danger of being fhipwrecked, either on the High Seas, or in any Port, Creek or Harbour, in order to the preferving them for their proper Ov/ners, and except fuch Goods or Merchandizes as he {hall at any Time be ordered to take or receive on board by Order of the Lord High Admiral of Great Britain, or the Commiffioners for executing the Office of Lord High Admiral for the time being ; every Perfon fo offending, being convifled thereof by the Sentence of the Court-martial, fliall be cafhiered, and be for ever afterwards rendered incapable to ferve in any Place or OlKce in the Naval Service of his Majefly, his Heirs and Succeffors. ' 19. If any Perfon in or belonging to the Fleet fliall make or endeavour to make any mutinous Affem- of mutiflous bly upon any Pretence whatfoever, every Perfon offending herein, and being conviiSed thereof by the Afl'emblies, Sentence of the Court-martial, fliall fuffer Death : And if any Perfon in or belonging to the Fleet fliall °' uttctin^j fe- utter any Words of Sedition or Mutiny, he fliall fuffer Death, or fuch other Punifhment as a Court- "^'"""^ 'Woj-dsj martial fliall deem him to deferve : And if any Officer, Mariner or Soldier in or belonging to the Fleet, fliall behave himfelf with Contempt to his fuperior Officer, fuch fuperior Officer, being in the Execution of his Office, he fhall be punifhed according to the Nature of his Offence by the Judgment of a Court- martial. ' 20. If any Perfon in the Fleet fhall conceal any traiterous or mutinous Praftice or Defign, being con- of concealing viiSfed thereof by the Sentence of a Court-martial, he fliall fuffer Death, or fuch other Punifliment as a nuitinous Prat- - Court-martial fliall think fit ; and if any Perfon, in or belonging to the Fleet, fliall conceal any traiterous "'^^' or mutinous Words fpoken by any, to the Prejudice of his Majefty or Government, or any Words, Prac- or WorJs ; tice or Defign, tending to the Hindrance of the Service, and fhall not forthwith reveal the fame to the Commanding Officer, or being prefent at any Mutiny or Sedition, fliall not ufe his utmofl Endeavours to fupprefs the fame, he fliall be punifhed as a Court-martial fhall think he deferves. ' 21. If any Perfon in the Fleet fhall find caufe of Complaint of the Unwholfemnefs of the Vi£lual, or of endeavoutin" upon other juft Ground, he fliall quietly make the fame known to his Superior or Captain, or Comman- toftir up Di. der in Chief, as the Occafion may deferve, that fuch prefent Remedy may be had as the ],latter may re- ftmbance, on quire; and the faid Superior, Captain or Commander in Chief, fliall, as far as he is able, caufe the fame ^l'^?^"'^ ^^Y^ to be prefently remedied ; and no Perfon in the Fleet, upon any fuch or other Pretence, fliall attempt to Viauar&c ftir up any Difturbance, upon Pain of fuch Punifhment as a Court-martial fhall think fit to inflicf, ac- ' cording to the Degree of the Offence. ' 22. If any Officer, Mariner, Soldier or other Perfon in the Fleet, fliall firike any of his fuperior Of- of Striking, i-c, ficers, or draw, or offer to draw, or lift up any Weapon againfl him, being in the Execution of his Of- => ''"P^io'- Of- fice, on any Pretence whatfoever, every fuch Perfon being convi(£led of any fuch Ofi^ence, by the Sen- "' tence of a Court-martial, fhall fuffer Death ; and if any Officer, Rlariner, Soldier or other Perfon in the or difobeying Fleet, fhall prefume to quarrel with any of his fuperior Officers, being in the Execution of his Office, or '"^ iiwful Com- fhall difobeyany lawful Command of any of his fuperior Officers ; every fuch Perfon being convifted of "''^"'^ > any fuch Offence, by the Sentence of a Court-martial, fhall fuffer Death, or fuch other Punifliment, as, fhall, according to the Nature and Degree of his Offence, be inflided upon him by the Sentence of a Court-martial. ' 23. If any Perfon in the Fleet fhall Quarrel or Fight with any other Perfon in the Fleet, or ufe re- of quarrelling, proachful or provokingSpeeches or Geflures, tending to make any Quarrel or Diflurbance, he fhall, upon &c. or unng ' being convicted thereof, fuffer fuch Punifliment as the Offence fliall deferve, and a Court-martial fliall reproachful impofe. Sp.ech; ' 2^. There (hall be lio wafleful Expence of any Powder, Shot, Ammunition or other Stores in the Fleet, of wafting nor any Embezzlement thereof, but the Stores and Provifions fliall be carefully preferved ; upon Pain of S'"''", &c. fuch Punifhment to be inflicled upon the Offenders, Abettors, Buyers and PvCceivers (being Perfons fub- ject to Naval Difcipline) as fhall be by a Court-martial found juft in that Behalf. ' 25. Every Perfon in the Fleet, who fliall unlawfully burn or fet Fire to any Magazine or Store of of bureingany Powder, or Ship, Boat, Ketch, Hoy or Veflel, or Tackle or Furniture thereunto belonging, not then Magazine or appertaining to an Enemy, Pirate or Rebel, being convicted of any fuch Offence, by the^Sentence of a Yf'^'- *''■ ""' Court-martial, fliall fuffer Death. En^xv •" " '" ^ 26. Care fliall be taken in the conducing and fleering of any of his Majefty's' Ships, that through Wil- jj,-^^^^. j^ fulnefs. Negligence or other Defaults, no Ship be flranded, or run upon any Rocks or Sands, or fplit or conduaing and hazarded ; upon Pain, that fuch as fhall be found guilty therein, be puniflied by Death, or fuch other Pu- fteeiingi nifliment, as the Offence by a Court-martial fliall be judged to deferve. ' 27. No