Page:Ruffhead - The Statutes at Large - vol 7.djvu/204

 i6o C. 33. ^Anno vicefimo fecundo Georgii II. A. D. 1749. ©f fleepin* on Watch, &c. of Murder, Buggery, Robbery, Falfc IWufers, not appiehend- ing Piifoncrs, and permitting Efcapes j fcandilou5, op- ^prcffive or frau- dulent Sehavi- ' ■ouf of Officers J Mutiny, Defer- tion or Difobedi- ence on Shore j tommitting on Shore any of the Crimes puniflr- abte by thefe Articles, Other Crimes not Capital, &c. ( to be piinifhed, acco'diiig to the Cuftom of the Navy. No Imprifon- ment to be lon- ger than two Years. Court-martiiil not to try any Offences, except thofe Specified in tlie 5-34. 35 Ar- ticles, which /liallnotbe com- mitted within the Jurifdiftion of the Admiral- ty. No Soldier on Board any Tranfpnrt to be tried by a Naval Court martial. The Admiralty impowered to grant Commif- lions fur holding Courts martial. Commander in Chief dying, &c. the next in Command to hold Courts- murtial. Officernext in Comrhand where tbece are five 27. No Perfon in or belonging to the Fleet fhall Heep upon his Watch, or negligently perform the Duty p.)fed on him, or forfake his Station, upon Pain of Death, or fuch other Punilhment as a Court-mar- . 27 ' imp.' ' tial fhall think fit to impofe, and as the Circumftances of the Cafe fhall require. ' 28. All Murders committed by any PerJon in ihc Fleet, fhall be punifhed with Death by the Sentence ' of a Court-martial. ' 29. If any Perfon in the Fleet fliall commit the unnatural and deteflable Sin of Buggery or Sodomy with ' Man or Beat!, he fhall be punifiied with Death by the Sentence of a Court-martial. ' 30. All Robbery committed by any Perfon in the Fleet, fhall be punifhed with Death, or otherwife, ■ as a Court-martial, upon Confideration of Circumftances, fnall find meet. '31. Every Officer or other Perfon in the Fleet, who fhall knowingly make or fign a falfe Mufter or J.Iu- ' fler-book, or who fhall command, couiifel or procure the making or figning thereof, or who fhall aid or ' abet any other Perfon in the making or figning thereof, fliall, upon Proof of any fuch OfFence being made before a Court-martial, be cafliiered, and rendered incapable of further Employment in his iVIajcllry's • Naval Service. ' 37. No Provoft-martial belonging to the Fleet fhall refufe to apprehend any Criminal, whom he fhall ' be authorized by legal Warrant to apprehend, or to receive or keep any Prifoner committed to his Charge, ■ or wilfully fufFer him to efcape, being once in his Cuftody, or difmils him without lawful Order, upon ' Pain of Tuch Puniflimeiit as a Court-martial fliall deem him to deferve ; and all Captains, Officers and others in the Fleet, fliall do their Endeavour to deleft, apprehend and bring to Punifliment all Offenders, and [ball aflift the Officers appointed for thatPurpofe therein, upon Pain of being proceeded againft, and ' puniflied by a Court-martial, according to the Nature and Degree of the OfFence. ' ^3. If any Flag Officer, Captain or Commander, or Lieutenant belonging to the Fleet, fhall becon- vidied before a Court-martial of behaving in a fcandalous, infamous, cruel, oppreffive or fraudulent Man- ner, unbecoming the Chara£ler of an OfScer, he fliall be diimiiTed from his Majeffy's Service. ' 34. Every Perfon being in aflual Service and full Pay, and Part of the Crew in or belonging to any of his Majefly's Ships or Velfels of V/ar, v.'ho fhall be guilty of Mutiny, Defertion or Difobedience to any lawful Cominand, in any Part of his Majefly's Dominions on Shctre, when in acfual Service relative to the Fleet, fliall be liable to be tried by a Court-martial, and fufFer the like Punifhment for every fuch OiFence, as if the fame had been committed at Sea on Board any of his Majefty's Ships or Veffels of War. ' 35. If any Perfon. who fhall be in the adiual Service and full Pay of his Majefly's Ships and VefTels of War, fhall commit upon the Shore, in any Place or Places out of his Majefly's Dominions, any of the Crimes punifhable by thefe Articles and Orders, the Perfon I'o offending fhall be liable to be tried and pu- nifhed for the fame, in like Manner, to all Intents and Purpofes, as if the faid Crimes had been com- mitted at Sea, on Board any of his Majefly's Ships or VefTels of War. ' 36. All other Crimes not Capital comm.itted by any Perfon or Perfons in the Fleet, which are not men- tioned in this A£l, or for which no Punifliment is hereby diredled to be infhdled, fliall be punifhed accord- ing to the Laws and Cuftoms in fuch Cafes ufed at Sea.' III. Provided alv/ays. That no Perfon convidled of any OfFence fliall, by the Sentence of any Court-mar- tial to be held by virtue of this Act, be adjudged to be imprifoned for a longer Term than the Space of two Years. IV. Provided alfo. That nothing in this AiSl contained fhall extend, or be conflrued to extend, to im- 'power any Court-martial to be conflitutcd by virtue of this AcSl, to proceed to the Punifliment or Trial of. any of the Offences fpecified in the feveral Articles contained in this Acl, or of any OfFence whatfoever (other . than the Offences fpecified in the fifth, thirty-fourth and thirty-fifth of tht fore-going Articles and Orders) which fliall not be committed upon the main Sea, or in great Rivers only, beneath the Bridges of the faid Rivets nigh to the Sea, or in any Haven, River or Creek within the Jurifdi(5lion of the Adiniralty, and which fhall not be committed by fuch Perfons as at the Time of the OfFence committed fliall be in asflual Service and full Pay in the Fleet or Ships of War of his Majeflry, his Heirs or SuccefTors, fuch Perfons only excepted, and for fuch Offences only, as are defcribed in the fifth of the foregoing Articles and Orders. V. Provided alfo, That nothing in this A6t contained fliall extend, or be conflrued to extend, to im- power any Court-martial to be conflituted by virtue of this Aft, to proceed to the Punifhment or Trial of any Land Officer or Soldier on Board any Tranfport Ship, for any of the Offences fpecified in the feveral Articles contained in this Aft. VI. And it is hereby further enafted. That from and after the twenty-fifth Day of Dcceinhcr- one thou- fand feven hundred and forty-nine, the Lord High Admiral oi Great Britain or the Commifiioners for exe- cuting the Office of Lord High Admiral of Great Britain for the time being, fhall have full Power and Au- thority to grant Commiffions to any Officer commanding in Chief any Fleet or Squadron of Ships of War, to call and aflemble Courts-martial, confifling of Commanders and Captains; and that in cafe any Officer commanding in Chief any Fleet or Squadron of Ships of War, (who fliall be authorized by the Lord High Admiral, or the Commiffioners for executing the Office of Lord High Admiral for the time being, to call and aflemble Couits-martial in Foreign Parts) fliall happen to die, or be recalled, or removed from his Command, then the Officer upon whom the Command of the faid Fleet or Squadron fhall devolve, and (oy from time to time, the Officer who fhall have the Command of the Fleet or Squadron, fhall have the fame Power to call and aflTemble Courts-martial, as the firfl Commander in Chief of the faid Fleet or Squadron was invefled with. Vil. Provided always, and it is hereby enafted and declared, That no Commander in Chief of any Fleet or Squadron of his Majefty's Ships or Detachment thereof, confifting of more than five Ships, fh^dl prefide at