Page:Ruffhead - The Statutes at Large - vol 7.djvu/206

 1 62 C. 33. Anno vicefimo fecundo Georgii II. A. D. 1749. ' the like Cafes ; and I do further fwear, That I will not upon any Account, at any Time whatfoever, dif- ' clofe or dilcover the Vote or Opinion cf any particular Member of this Court-martial, unlefs thereunto ' required by Act of Parliament.' So help me GOD. Judge Advocate A^nd fo fooD as the faid Oath fliall have been adminiflered to the refpeaivc Members, the Prefident of the tobei'woin. Court is hereby authorized and required to adminifter to the Judge Advocate, or the Perfon officiating as fuch, an Oath iii the following Words : A. B. do fwear. That I will not upon any Account at any Time whatfoever, difclofe or difcover the Vote or Opinion of any particular JVIember of this Court-marcial, unlefs thereunto required by Act of ' Parliament.' So help me GOT). Penalty of re- XVII. And it is hereby further enafted, That from and after the twenty-fifth Day of December one thou- fufing to give fand feven hundred and forty-nine, in cafe any Perfon in the Fleet, being called upon to give Evidence at Evidence or pre- ^^^^ Court-martial, {hall refufe to give his Evidence upon Oath, or fhall prevaricate in his Evidence, or be- orcontemprto ^^^^ vrh^ Contempt to the Court, it fliall and may be lawful for fuch Court-martial to punifh ev^ery fuch- the Court • Offender by Impriibnment, at the Difcretion of the Court, fuch Imprifonment not to continue longer than three Months, in cafe of fuch Refufal or Prevarication, nor longer than one Month in the cafe of fuch af Perjury or Contempt; and that all and every Perfon and Perfons who fhall commit any wilful Perjury, in any Evi- Subornation, dencc or Examination upon Oath at any fuch Court-martial, or who (hall corruptly procure or fuborn any Perfon to commit fuch wilful Perjury, fliall and may be profecuted in his Majefly's Court of King's Bench, by Indiftm.tnt or Information; and every Iflue joined in any fuch Indidlment or Information fliall be tried by good and lawful Men of the County of Middle/ex^ or fuch other County as the faid Court of King's Bench fhall diredf ; and all and every Perfon and Perfons, being lawfully convifted upon any fuch Indiftment or Information fliall be puniflied with fuch Pains and Penalties, as are inflifted for the like Offences refpec- 5 Elie. c. 9. tively by two Affs of Parliament, the one made in the fifth Year of the Reign of Queen Elizabeth, in- tituled, An ASi for PimiJImient of fuch Perfons as pall procure or commit any wilful Perjury; and the other 2 Geo. 2, c. 25. made in the fecond Year of tlis Reign of his prefent Majefiy, intituled, An Jc^ for the mor; cff'ediual pre- venting and further Pitnijlnnent of Forgery., Perjury and Subornation of Perjury ; and to make it Felony to jlcal Bonds., Notes or other Securities for Payment of Money. The Offence XVIII. And be it further cnntTied by the Authority aforefkid. That in every Information or Indiftment only to be fet to be profccuted by virtue of this Adt for any fuch Offence, it fhall be fufHcient to fet forth the Offence forth in Infor- charged upon the Defendant, without fetting forth the Commiilion or Authority for holding the Court- mation, &c. martial, and without fetting forth the particular Matter tiied or to be tried, or direfted or intended to be tried before fuch Court. Report to be XIX. And it is hereby further enafled. That from and after the twenty-fifth Day of December one thou- rnade to the Ad- fjip.j feven hundred and forty-nine, no Sentence of Death given by any Court-martial held within the Nar- beV e^S ^e' '°^ ^^''^ (cxcept in Cafcs of Mutiny) fliall be put in Execution till after the Report of the Proceedings of cf Death except i^^e faid Court fliall have been made to the Lord High Admiral, or the CommiiTioners for executing the Of- in Cafes o'fMu- fice of Lord Pligh Admiral, and his or their Direftions fliall have been given therein ; and if the faid Court tiny. fhall have been held beyond the Narrow Seas, then fuch Sentence of Death fhall not be carried into Exe- .tion but by Order of the Commander of the Fleet or Squadron wherein Sentence was palled ; and in Ca- fes where Sentence of Death fhall be pnfled in any Squadron, detached from any other Fleet or Squadron upon a feparate Service, then fuch Sentence of Deatli (except in Cafes of Mutiny) fliall not be put in Exe- cution, but by Order of the Commander of the Fleet or Squadron from which i'uch Detachment fliall have been made, or of the Lord High Admiral, or CommifTioncrs for executing the Office of Lord -High Admi- ral ; and in Cafes where Sen'tence of Death fliall be pafied in any Court-martial held by the fcnior O.^ficer of five or more of his Majefly's Ships, which fliall happen to meet together in Foreign Parts purfuant to the Power herein before given, then fuch Sijntence of Death (except in Cafes of Mutiny) fliall not be car- ried into Execution but by Order of the Lord High Admiia!, or Commiliiontrs for executing the Office of Lord High Admiral. Judge Advocate XX. /Wid he it further cnafted and declared, That from and after the twenty-fifth Day of December one to admliiifler thouiand feven hundred and forty-nine, the Judge Advocate of any Fleet for the time being, or his De- Oath to Wit- piity, fliall have full Power and Authority, and is hereby required to adininiflcr an Oath to any 'Witnefs "^'^"" at any Trial by Court-martial ; and in the Abfence of the Judge Advocate and his Deputy, the Court- martial fliall have full Power and Authority to appoint any Perfon to execute the Office of Judge Advo- cate. Articles to be in XXI. And be it further enafted by the Authority aforefaid. That from and after the twenty-fifth Day of Force with re- December one thoufiind feven hundred and forty-nine, all the Povvtrs given by the fcvera! Articles and Or- KM^s'kft'nr' tie's efiablifiied by this Aft, fliall remain and be in full Force with refpcft to the Crews of fuch of his M-i- deilfoyed. jefiy's Ships a;; fliall be wrecked, or be othcrwifo loft or deflroyed ; and all the Command, Power and Au- thority given to the Officers of the find Ship or Ships, fliall remain and be in full Force as efix-ilually as if fuch Ship or Ships to which they did belong were not f > wrecked, loll or deflrnycd, until they fliall be regu.- huly difchatged from hisMajefl-y's further Service, or remo-cd intofonie other of his Majefly's Ships of War, or until a Court-martial fliall be hclJ, purfuai-.t to the Cufhim of the Nay in fucli Ca'es, to enquire into The Pnyof fuch the Caufes of the Lofs of the faid Ship or Ships : And if upon fuch Enquiry it fliall iippear by the Sentence Ships rciuvcd. of the Court-martial that all, or any of the Officers or Seimen of the faid Ship or Ships did their utmofl to : preferve, get oii' or recover the faid Ship or Ships, and fmcc the Lofs thereof have behaved themfelves obc- ' diendy i