Page:Ruffhead - The Statutes at Large - vol 7.djvu/602

 ;82 C. 11. Anno vicefimo o£lavo Georgii II. A. D. 1755. ' brought to a more exemphryand fpcedy Punifhment than the Law will allow;' Be it enacted by the King's mofl Excellent Majtlty, by and with the Advice and ConCent of the Lords S, iritual and Tempo- ral, and Commons, in this preient Parliament aflembled, and by the Authority of the fame, That from Fvery M.u'inc Oilicer Jnd pri- viite Man on ihcie, and after the twenty-fifth Day of March one thoufand feven hundred and hfty-hve, if any Perfon who is, or during the Continuance of this A£t fliall be voluntarily entered, and in Pay as a Marine Officer or pri- vate Man in his Majeify's Service, and being ordered or employed in fuch Service, at any Time during the Continuance of this Act, on fhore in any Place within the Realm of Great Britain, or in the Kingdom of who fli.i)l muti- Ireland, or in any of his Majefiry's Dominions beyond the Seas refpediively, ftiall begin, excite, caufe or ny,oi4eii:n,&c. JQJjj ill any Mutiny or Sedition in the Company to which he do'h or fhall belong, or in any other Com- • pany. Troop or Regiment, either of Marine or Land Forces, in his Majefty's Service, or (hail not ufe his utmoit Endeavours to fupprefs the fame, or coming to the Knowledge of any fuch Mutiny, or intcndtd Mutiny, fliall not without Delay give Information thereof to his connnanding OfHcer, or Inall defert his 01- litl in any Majeii:ys Service ; or being a£fualiy entered as a Marine in any Company, fnall lift himfelf in any other other Rt'timciir, Company, Troop or Regment in his Maj;-fty's Service, Vv'ithout firlt having a Difeharge in Writing from ^'- the Oflicer commanding in Chief the Com.pany in which he lait fervcd as a Marine; or Ihall be found fleep- or fliall be.fcunJ ing upon his Pofl: ; or Ihall leave it before relieved; or Ihall hold Corrcfpondence with any Rebel or Enemy flrcpingon, or pf [-jig I'v'j ajefty, or give them Advice or Intelligence of any Kind b}f any Ways or Means, or in any manner Pull ".M-'hoidil- "whatfocver; or fhall treat with fuch Rebels or Enemies, or enter into any Condition with them, without ]ci;jl'coiiefi>ond- bis Majefty's Licence, or Licence of the Lo d High Admiral of Great Britain, or of three or m.ore of the cnce with the Commiilioners for executing the Offi.ce of Lord High Admiral of Great Briton for the Time being ; or fhail Enemies, itrike or ufe any Violence againil his fuperior Ofhcer, being in the Execution of his Office, or fhall dif- ""^ ?f 'b "' 1 ' '^'^^y "^'y lawful Command of his fuperior Officer, all and every Perfon and Perfons fo ofrending in any or fjperior^officer ■ cither of the Matters before-mentioned, on Ihore, in any Part of this Kingdom or Ireland, or any of his ihiW fuftir ' Majefly's Dominions beyond the Seas, fhall fufl'er Death, or fuch other Punifliment as by aCourt-Martial Ijcjth, i-c. fliall be inPiided. The Lord High 11. And bc it further enafted by the Authority aforefaid. That it (hall and may from Time to Time, Admuai, &c. during the Continuance of this ASt, be lawful to and for the faid Lord High Admiral, or three or more oi mi'ffion'to huld"" ^^'^ ^'^''^ Commiffioners for executing the faid Office of Lord High Admiral for the Time being, to grant a general Courts- Comrnillion under his or their refpeffive Hand or Hands, to any Oflicer of Marines in his Aiajeffy's Ser- Martia], &c. vice, not under the Degree of a Field Officer, for the holding a general Court-Martial at any Place or Places on Shore, in this Realm or in Ireland, or in any of his Majefty's Dominions beyond the Seas ; in every oi' which Courts-Martial, all or any of the Offences above-mentioned, and all or any other of the Offences herein after fpecified, Ihall be tried and proceeded againft in fuch manner as by this Act is dire6i:ed. Couvts-Maitial III. A..nd be it alfo enaiEfed, That it fhall and may be lawful to and for fuch Courts-Martial refpeclively, m3yinfl;aCor- by their Sentence or Judgment, to inflidl corporal Punifhment, not extending to Life or Limb, on any me It ft""^mo- ^^'^■"'"^ f'^'' jl'ijn'oralities, Misbehaviour, or I^egleif of Duty on fhore, in any Place or Places within this rjiities Zzc Realm or Ireland, or any of his Majeify's Dominions beyond the Seas, during the Continuance of this ' ' AiSf. L"rds, &c.oftlie IV. And be it further enaded by the Authority aforefaid. That it fliall and may be lawful to zn<l for TOweic d w nTii'ii ''^^ '^'"^ Lord High Admiral, or three or more of the Commiffioners for executing the faid Office of Lord Articles of War ^'gb Admiral, at anyTiine during the Continuance of this At, to make and effablifli Rules and Articles in VViiting under his or their refpetlive Hand or Elands for the Punifhment of Mutiny and Defertion, Im- moralities, Misbehaviour and Negleft of Duty, in any of his Majeify's Marine Forces while on Ihore in any Part of this Realm or Ireland, or any of his Majeify's Dominions beyond the Seas, and for bringing andtoconftitute Offenders againft the fame to Juftice, and to erect and conflitute Courts-Martial with Power to try, hear Couiis-Marual. .^^j determine any Grimes or Ofl'ences fpecified in fuch Rules and Articles, and inflidt Punifliments by Sen- tence or Judgment for the fame, according to the true Intent and Meaning of this Ad:. None to be ad- .Y ' ^"'■'^^■''Jfi'^ always, That no Perfon or Perfons fhall be adjudged to fufi-'er any Punifliment extending to judged of Life Life or Limb, by the faid Ponies and Articles, within the Kingdom of Great Britain and Ireland, except or Limb, but fur for fuch Crimes as are expreffed to be fo puniihable by this MX. Crimes expreflld to be fo puiii.'li.ible by this Ait. General Court- VI. A.nd it is hereby further enafted and declared. That no general Court-Martial which fhall have confiftof lefs Power to fit by virtue of this-Aci', fhall confift of a lefs Number than thirteen, whereof none to bc under Martijl not to Prefideut to be a tnc Jjegrec Oi a 1' leld Oiricer of Marines, uniefs where fuch leld Officer cannot be had ; in which K Field Officer, or the Marin; Officer next in Seniority to fuch Field Officer, not being under the Degre; of a Captain, i Scn"ritvr'n"t" Pi'^^ide at fucli Court-Martial ; and that fuch Court-Martird fhall have Power p.nd Authority, and are her iin.'cr the' Degree .^1^'^'^ '^" adminider an Oath to every Witnefs, in order to the Examina.ion or Trial of' any of the th.in i^, and the the Degree ot a Lommiffion Officer of Marines, and the Prcfidcnt of iuch Court-Martial fliall not be under Piefideut to be a the Degree of a Field Officer of Marines, uniefs where fuch Field Offrcer cannot be had ; in which Cafe ^ "^^ • ■ ~ ~ -, fliall lereby ^.^_ . . leOf- of a Captain. fences that fliall come before them. May adminider an O.ith to Witnclies. In Trials, Oifi. VII. Provided always, That in all Trials of Offenders bv general Courts-Martial to be held by virtue of cersto befu'crn. thisAd-, every Officer profent at fuch Trial, before atiy Proceedings be had thereu|ion, fliall take the fol- lowing Oaths upon the Holy Evanirelilts, before the Court and Judge Advocate, or his Deputy, who are hereby authorized to adminiller the" fame, in thefe Words ; that "is to fay, ' "VT'O U fnall well and truly try and determine, according to the Evidence which (hall be given m the ' 1 Matter now before you, between our Sovereign Lord the King's Majelty, and the Prifoner to be 'tried. So help you (jOV. lA.B.