Page:Ruffhead - The Statutes at Large - vol 7.djvu/569

 A. D. 1754. Anno vicefimo feptimo Georgii II. C» 9. 549 CAP. IX. An A61; for puniOnng Mutiny and Defertio.n of Officers and Soldiers in the Service of the F^'-p-m^rPro^vi- Uniced Company of Merchants of England trading to the Eajl-Indies ; and for the PuniIh--^™'™''7,'0'/7 ment of Offences committed in tht Enjl-Lidies, or at the Ifland of Saint Helena. ^w7lZt!i^''%. 46. I Ann.Ji. I. ' _ c. 12, b Amu c. 3 ' X/CrHEREAS the United Company of Merchants o^ England trading to the Ea/l-Indles, are poffcffedfe? 'y- ioA,i,:. ' W of feveral principal Settlements in the Eq/l-I?idies, and of feveral Settlements cr Factories fubor-'^- ^^' S"^"- '• ' dinate to fuch principal Settlements, and are alfo poUefled of the Ifland of Saint Helena: And for the!' "'^^j^'"' '" ' Safety and Protedtion of the laid Settlements and Places, and for the better carrying on of their Tradeci. i.^.'ze.^- ' to the Advantage of this Nation, the faid United Company, at their own Cofrs and Charges, do main-G«. 2. f. Tf,(d ' -tain and keep a Military Force for the Garrifon and Defence of the faid Settlements, Factories and Places ;^°- iiG'w. a. c. ' and it being requifite for the retaining of fuch Forces in their Duty, that an exact Difcipline be obferved, "j. ' '^"-  ' and that Soldiers who ll^all mutiny, or ftir up Sedition, or fhall defert the faid Company's Service, be '' ' brought to a more exemplary and fpeedy Punlfhment than the ufual P'orms of the Law do allow ;' Be it therefore enaded by the King's moft Excellent: Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame. That from and after the twenty-fifth Day of March one thoufand feven hundred and fifty-four, if Every OfSocr or any Perfon being muflered, or in Pay as an Officer, or who is or fhall be lifted, or in the faid Company's ^'= '" th° Pay as a Soldier in any of their Settlem.ents, or in the faid Ifland oi Saint Hdena refpedively, fliall at any ^"""^"y'^f'^; Time after the Publication of this Aft, in their principal Settlements, and in the faid Ifland oi Saint EIelena''^'[^x;.^^^°^^^f refpeCtively, and within fuch Time as fuch Officer or Soldier fhall have contracted and agreed to ferve the this Aft, i^id United Company, begin, excite, caufe or join in any Mutiny or Sedition in the Company, Troop or fliaii mut.'uv, or Regiment whereto he doth belong, or in any other Company, Troop or P^.egiment in the faid United Com- '^efen, fcc..'- pany's Service; or fliall not ufe his utmofl: Endeavours to fupprefs the fame, or coming to the Knovvledge of any Mutiny, or intended Mutiny, fhall not without Delay give Information thereof to his commanding Officer ; or fliall defert the faid United Company's Service ; or being a Soldier aflually lifted in any Regi- ment, Troop or Company, fhall lift himfelf in any other Regiment, Troop or Company, v/iihout a Yy'ii-mV.S. In, any. charge produced in "Writing from the Officer commanding in Chief the Regiment, Troop or Company, in "'^ ^'-'S'msQt. which he laft ferved as a lifted Soldier; or fhall be found fleeping upon his Poll, or fliall leave it befcu'e''^^' relieved; or if any Officer or Soldier in the faid United Company's Service fliali, either upon Land, or°*.^" I'^Coiind. upon the Sea, hold Correfpondence with any Rebel to his Majefty, or with any Enemy of his Maiefty, or !lf,'!'j°,°"',?' ', _-,' . ,„ ^ ■ , AJ • T 1 11- • u 1 T ^/t n- o- ■ (nail delcrt his of the faid United Company, or give them Advice or Inteiligence either by Letters, Ivieftages, Signs or Poft, or corre- Tokens, in any Manner or Way whatfoever ; or fhall treat with fuch Rebels or Enemies, or enter into fpond with the- any Condition with them without the Licence of the faid United Company, or of the faid United Com-Enemj-, pany's Prefident and Council, at any of their faid principal Settlements, or of the faid United Company's Governor and Council iX Saint Helena, or without the Licence of the General,^ Lieutenant General, or"r1>i'llfl:rike, or Chief Commander of the faid Company's Forces ; or fnall ftrike or ufe any Violence againft his fuperior "°'. °!>J=''"- Officer, being in the Execution of his Office ; or fliall difobey any lawful Command of his fuperior OfEcer ; ftaiTfuffirDeath- all and every Perfon and Perfons fo oftending in any of the Matters before mentioned fliall fulier Death, or or fuch PuniA-" fuch other runifliment as by a Court-Martial fhall be inflifted. ment as a Coutt-. Martial fliall in- II., And be it further enafted by the Authority aforefaid. That his Maj.eflymay grant a Commiffion- or^-'^- Warrant under his Royal Sign Manual, unto the Court of Diredtors of the faid United Company, who, The King may by virtue of fuch Commiffion or Warrant, iliall have Power under the Seal of the faid United Company ^'^%l^l'^l^"^^^~' authorize and impower their Prefident and Council for the Time being, at their faid principal Settlements courts-ManiaJ refpectively, or the major Part of them, and their Governor and Council for the Time being at the faid.&c Ifland oC Sai}it Helena, or the major Part of them, from Time to Time to appoint Cdurts-Martial ; and to authorize and impower the Commander in Chief of any Detachment of any of the Officers or Soldiers employed in the faid Company's Service, to appoint Courts-Martial for the Trial of any of the Offi.cers or Soldiers under their refpefiive Commands ; in v/hich Courts-Martial all the Offences above-mentioned,, and all other OfiJences herein after fpeciiied, flial! be tried and proceeded againft in. fuch manner as by this A£t fliall be hereafter directed. IIL Provided aKvays, and be it enacted. That when and fo long as any of his Majefty's Forces fhallTheCo.-nmander be employed to aft in Defence of any of the faid Company's Settlements, or to affifl- againft any of their '^^^'^^^J°_^P- Enemies hi the Ea/I-J?idies. the Power of appointing Courts-M;'rtkl, or authorizing iuch Appointment jj^^^j.-^..^ as aforefaid, fliall be in the Commander in Chief of fuch his Majefty's Forces for the Time being, over fuch of the faid Comipany's Officers and Soldiers as fhall belong to the principal Settlement where or from, whence fuch Forces fliall be emnloycd. IV. And be it alfo further enafted, That it fliall and may be lawf-l to and for fuch Courts-Martial, ^V I?"?"!^^ "', 'f' their Sentence or Judgment, to infiift corporal Punifliment on any Soldier for Immoralities, MiflDehaviouVp^^^.^^y^ ^"'>'- Or Negleit of Duty. . Courts-Maic'ial. V. And it is hereby further enaftcd, That no general Court-Martial which fliall have Power to fit ^Y ^-""jfn^t""'' virtue of this Aft, or by any Authority from the Commander in Chief of his Majefty's Forces, or by Ap-^^'^i^ ^f ^ ,g,v. pointment of the Prefident and Council of any of the faid United Company's principal Settlements, or the Number than, major Part of them, fluiU conlilt of a lefs Nimiber thajn nine ; whereof none to be iindej-.the Degree o£ a nine. Com.-*