Page:Ruffhead - The Statutes at Large - vol 7.djvu/205

 A. D. 1749. Anno viccfirao fecundo Georgii II. C. 23' 161 at any Court-martial in Foreign Parts, but that tlie -Officer next in Command to fucli Officer commanding ships, to prefiJe in Chief, (hall iiold fucli Court-martial and prefide thereat; any Law, Cufl:om or Ulage to the contrary at Court<-roarI notwichftanding. tial in Foreign VIII. And it is hereby further enafted. That from and after the twenty-fifth Day o( December one thou- ^^"^■ fund fcven hundred and forty-nine, in cafe any Commander in Chief in any Fleet or Squadron of his Ma- Commamlcrs in jcfiy's Ships or Veffels of War in Foreign Parts, fhall detach any Part of fuch Fleet or Squadron, every ^^th'cCo'm'^r' Commander in Chief fliall, and he is hereby authorized and required, by Writing under his Hand, to im.- dersof a°Snua-"" power the Chief Commander of the Squadron or Detachment fo ordered on fuch feparate Service (and in dion on feparate cal'e of his Death or Removal, the Officer to whom the Command of fuch feparate Squadron or Detach- Service, to hold nient fliall belong) to hold Courts- martial, during the Time of fuch feparate Service, or until the Com- ^°"" ™^'^'' mander of the faid Detachment for the time being fhall return to his Commander in Chief, or fliall come under the Command of any other his fuperior Officer, or return to Great Britain or Ireland. IX. Provided always, and it is hereby further enafted. That if any five or more of his Miijefly's Ships If 5 <"■ more or Vefiels of War ftiall happen to meet together in Foreign Parts, then and in fuch Cafe, it fliall be lawful 5,'"''° ""' '" for the fenior Officer of the faid Ships or Vefl'els to hold Courts- martial, and prefide thereat, from time to th^e^nlor Of' time, as there fliall be Occafion, during fo long Time as the faid Ships or Veffels of War, or any five or ficer to hold more of them, fliall continue together. Courts- martial. X. Provided neverthelefs, and be it alfo enabled. That where any material Objeftion occurs, which may where the third render if improper for the Perfon who is next in Command to the fenior Officer or Commander in Chief of Officer in Com- any Fleet or Squadron of his Majefty's Ships of War in Foreign Parts to hold Courts-martial, or prefide mand to pvefide, thereat, in fuch Cafe it fliall be lawful for the Lord High Admiral, or Commiffioners for executing the Office of Lord High Admiral for the time being, as alfo the Commander in Chief of any fuch Fleet or Squa- dron of his Majefty's Ships in Foreign Parts, refpeftively to appoint the third Officer in Command to pre- fide at or hold fuch Court-martial. XL And it is hereby further enac?ced. That from and after the twenty-fifth Day oi December one thoufand The Admiralty feven hundred and forty-nine, it fliall be lawful for the Lord High Admiral of Great Britain, or the Com- impowered to niiffioners for executing the Office of Lord High Admiral for the time being, and they are hereby refpec- ^.ppoint Officers lively authorized, from time to time, as there fliall be Occafion, to direfl any Flag Officer, or Captain of" t'l'^ Ports of any of his Majefty's Ships of War, who fliall be in any Port of Great Britain or Ireland, to hold Courts- ^J'^^to hold"' martial in any fuch Port, provided fuch Flag Officer or Captain be the firfl-, fecond or third in Command of Courts martial. fuch Port, as fliall be found moll expedient, and for the Good of his Majefty's Service; and fuch Flag Of- ficer or Captain, fo direfted to hold Courts-martial, fhall prefide at fuch Court-martial ; any thing herein contained to the contrary notwithftanding. XIL And it is hereby further enadled. That from and after the twenty-fifth. Day o^ December one thou- Cou;t-martial fand feven hundred and forty-nine, no Court-martial, to be held or appointed by virtue of this prefent A£l:, not to ccnfift of fliall confift of more than thirteen, or of lefs than five Perfons, to be compofed of fuch Flag Officers, Cap- '""^ '''^" '3> tains or Commanders then and there prefent, as are next in Seniority to the Officer who prefides at the offieeil '^"^ Court-martial. XIIL Provided always, and be it enafled by the Authority aforefaid. That nothing herein contained fliall The Officer not extend, or be conftrued to extend, to authorize or impov^er the Lord High Admiral, or the Commiffioners 'P'^'"'^ 'he par- for executing the Office of Lord High Admiral, or any Officer impowered to order or hold Courts-martial, '""'^'' Number. to diredl or afcertain the particular Number of Perfons of which any Court-martial, to be held or appointed by virtue of this prefent Aft, fliall confift. XIV. Provided always, and it is hereby enadled and declared. That in cafe any Court-martial fliall, by Where there are virtue of this Adl, be appointed to be held at any Place where there are not lefs than three, nor yet fo many 3 Poft Caotains, as five Officers of the Degree and Denomination of a Poft Captain, or of a fuperior Rank to be found, theFrefident to then it fhall be lawful for the Officer, at the Place appointed for holding fuch Court-martial, who is to pre- "ers'un'de"™r° fide at the fame, to call to his Affiftance as many of the Commanders of his Majefty's Vefiels, under the Rank" Rank and Degree of a Poft Captain, as, together with the Poft Captains then and there preient, will make up the Number of five, to hold fuch Court-martial. XV. And it is hereby further enabled, That from and after the twenty-fifth Day of Decejnber one thou- Penalty if a fand feven hundred and forty-nine, no Member of any Court-martial, after the Trial is begun, fliall go on Member of the Shore till Sentence be given, but remain on Board the Ship in which the Court fhall firft aflemble, except ^°"'' 8° "i in cafe of Sicknefs, to be judged of by the Court, upon Pain of being cafhiered from his Majefty's Service ; TrUlVb"un nor fliall the Proceedings of the faid Court be delayed by the Abfence of any of its Members, provided a p^'.,^^' fufficient Number doth remain to compofe the faid Court, which fliall and is hereby required to fit from ^^ be (j.lay^j^ Day to Day (Sunday always excepted) until the Sentence be given. XVI. And it is hereby further enai£led. That from nnd after the twenty-fifth Day o^ December one thou- C^icers compo. fand feven hundred and forty-nine, upon all Trials of OfTenders by any Court-martial, all the Officers pre- fingaCourt- fent who are to conftitute the faid Court-martial, fhall, before they proceed to fuch Trial, take fuch Oath "'""' 'o '^'^ as is herein after-mentioned, upon the Plcly Evangelifts, before the Court ; which Oath the Judge Advo- *'"^"' cate, or his Deputy, or the Perfon appointed to officiate as fuch, is hereby authorized and required to ad- minifter in the Words following (that is to fay) ' T J. B. do fwear. That I will duly adminifter Juftice, according to the Articles and Orders eftabliflied xheOath. ' X by an Act paffed in the twenty-fecond Year of the Peign of his Majefty King Gegrge the Second, '' for amending, explaining and reducing into one AcT: of Parliament, the Laws relating to the Government of his Mjfjefty's Ships, V^efl'els and Forces by Sea, without Partiality, Favour or Affcflion ; and if any ularly mentioned in the faid Articles and Orders, I will dirly admini- ' of his Mijeafs Ships, V'eflels and f ' Cafe fhall arile, which is not particul ng to my Confcience, the beft of rny Underftanding, and the Cuftom of the Navy ui Vol. Vn. "> ' Y ■ 'die
 * fter Juftice according to my Confcier