Page:Ruffhead - The Statutes at Large - vol 7.djvu/570

 5.5.0 C. 9. Anno vicefimo feptlmo Georgii II. A. D. 1754.. Prefident of the Commiffion Oi^icer ; and the Prefident of fuch general Courts-Martial fhall neither be the Commander in Court. Chief, or Governor of the Garrifon v/hcrc the Oftl-nder fhall be tried, nor under the Degree of a Captain ; and tint no general '.,. ourt-Martial, which fiiall have Power to fit by virtue of thi.'j Act, by Appointment General Court- from the Governor and Council of Saint HeUtia, or the major Part of them, fliall confift of a leis Number- Mardai at Saint than five, whereof none to be under the Degree of a ccmmiffioned Officer; and the Prefident of facii Helena, not to general Court- J/Iartial lliall neither be the Commander in Chief, or Governor of the Garrifon where the tUan five °° t-JfFender fhall be tried, nor under the Degree of a Lieutenant; and that fuch Courts-Martial ihall have Prefident of fuch Power and Authority, and are hereby required to take and adminiller fuch Oaths, and to proceed in fuch Court. manner as his Majelty fnall from Time to Time think fit to order and direct, by any Rules or Orders und^r Courts- Martial hjg p>.oyal Sign Manual ; and no Sentence cf Death fhall be given againll any Offender in fuch Cai'c by any Oat^hs^"""^^'^ general Court-Martial, unlefs two 'I>ards of the Officers prefent Ihall concur therein; and no Proceeding Two Thirds of '^ Ti'ial fliall be had upon any Offence, but between the Hours of Eight of the Clock in the Morning and the Officers pre- Three in the Afternoon, except in Calas which require an immediate Example. fent to concur in all Sentences of Deiith. Hours of Trial. Judge Advocate VI. Provided always, and it is hereby ena£l;ed by the Authority aforefaid, That every Judge Advocata to tranfmit to or Perfon officiating as fuch at any general Court-Alartial, do, and he is hereby required to tranfniit witn inChIef"&c ''^ much Expedition as the Opportunity of Time and Diftance of Place can admit, the original Proceedings- the original Pro- ^nd Sentence of fuch Court-Martial to his Majefty's Commander in Chief for the Time being, in cafe teedings. fuch Court-Martial fliall be held by virtue of his Warrant or Authority as aforefaid, or to the Prefident and Council of fuch of the faid United Company's principal Settlements, by virtue of whofe Warrant or Au- thority the fame fhall be held ; or unto the Governor and Council at Sahit Hcler.a, if the fame fhall be held within their Jurifdidtion ; which faid original Proceedings and Sentence fhall be carefully kept and preferved by fuch Commander in Chief, or by fuch Prefident and Council, or Governor and Council refpectively ; to the end that the Perfons intitled thereto may be enabled, upon Application to them, to obtain Copies there- of, according to the true Intent and Meaning of this A6t. NoPeifon to he VII. Provided alfo, and it is hereby declared and enafted. That no OfHcer or Soldier being acquitted or tried a fecond coiiviifed of any Offence, be liable to be tried a fecond Time by the fame or any other Court-Martial for Ame^O&nc'r ''^'^ ^^^^^ Offence ; and that no Sentence given by any Court-Martial, and figned by the Prefident thereof, Sentence ' ^^ liable to be revif-rd more than once. not liable to be revifed more ih.in once. The King may VIII. Provided always, and be it enadfed, That it fliall and may be lawful to and for his Majefty to rnake Articles offoi'm, make and eftabliih Articles of V/ar, for the better Government of the faid iJnited Company's Forces, ^"- and for bringing Offenders againff the fame to Juftice ; and to ereft and conftitute Courts-Martial, with Power to try, hear and determine any Crimes or Offences by fuch Articles of War, and inflict Penalties by Sentence or Judgment of the fame, as well v/ithin the faid United Com.pany's Lim.its of Trade, as in die faid Ifland of Saint Helena. to extemt!^ U-fe ^^. Piwided always. That no Perfon or Perfons fhall be adjudged to fuffer any Puniflimcnt extending orLimbini^eace, t^o Life or Limb, by the faid Articles, in Time of Peace, except for fuch Crimes as are exprelled to be fo exceptbythisAa'punifliable by teds Act. Capital Climes X. Provided alfo, That no Perfon or Perfons being acquitted or convicted of any capital Crim.es, Vio- co;nizableby thelences or Offenccs, by the Civil Magiftrate, fhall be liable to be puniiheJ by a Court-Martial for the fame, ^"".' '^P,'^'<= otherwife than by calhiering. puniljiable by j o ORendrrs'agninft '^^' Provided alfo, That if any OfKcer, Non-commiffion Officer or Soldier, fhall be accufed of anycapi- thcLaws to be tal Crime, or of any Violence orOffence againft the Perfon, Eflate or Property of any of his Majefty s Siib- reiivered up to je£ts, which is punifliablc by the known Laws of the Land, the commanding Officer or Officers of every the Civil Magi- Regiment, Troop, Company or Party, is and are hereby required to ufe his utrnoft Endeavours to deliver '"^" over fuch accufed Perfon to the Civil Magiftrate, and fhall alfo be aiding and afllffing to the Officers of Juftice in the feizing and apprehending fuch Offender, in order to bring him to Trial : And if any fuch Officers neglea-'^o"i'^-^"'^'ng Officer Ihall wilfully neglcdt or refufb, upon Application made to him for that Purpofe, tO' ing to deliver up deliver over any fuch accufed Perfon to the Civil Magiftrate, or to be aiding and nffifting to the Officers of iuch Offenders, Jufticein apprehending fuch Offender ; every fuch Officer fo ofi'ending, and being thereof convifted before '"'mt'" '^° ^^^ ° '^^ more Juftices of the Peace for the Settlement or Place where the F adt is committed, by the Oath of Office.' "'"^ '^° credible Witaeffes, fliall be calhiered, and fhall be utterly difabled to have or hold any iJilitary Office or Employment in the faid United Com.pany's Service in the Eaji-Indics ; provided the laid Conviction be__ Conviftion affirmed at the next Qviarter-SefTions of the i'eace for the faid Settlement or Place, and a Certificate thereof affirmed'at the ^^ tranfmitted' to the Prefident and Council of fuch principal Settlement, who are hereby obliged to certify Ciuarier-Scmuns,thc fame to the next Court-Martial. and a Certificate tranfmitted to tlie Prefident and Council. , . ' XII. And whereas it may otherwife be doubted whether the Officers and Perfons cmplo3'ed in the feveral erin'theTLms ' Trains of Artillery be Avithin the Intent and Meaning of this A<St;' it is hereby enacted by the Authority of Artillery in- aforefaid, That the Officers and Perfons employed, or that fliall be employed in any of the Trains of Aitil- cluded. lery, be deemcdjn all RefpeiSts whatfocver within tlie Intent and Meaning of this Act. OHencescom- XlII. And be it further ena£ted by the Authority aforefaid. That if any of the faid United Company's mittcd by the Preffdents or Council, at their refpective principal Settlements, or anv of them, or their Governor or L°'r!r"coVncil" Council at the faid Ifland of Saint Hdeiia, fhall after the faid twenty-fifth Day oi jVIarch one thoufand feven orGov'errrrr' hundred and fifty-four, be guilty of o.pprefling any of his Majefty's Subjc(Sts beyond the ijeas within their ' ' refpedive 2