Page:Ruffhead - The Statutes at Large - vol 7.djvu/603

 A. D. 1755. "Anno vicefimo oclavo Georgii If. C, 11. ^S^ A. B. do fwear, That Iwill duly adminifter Jiiftice according to an A£i: of Parliament now in Force, for the Regulation of his Majefty's Marine i*orces while on fhore ; and according to the Rules and Articles made in purfuance of the faid Act of Parliament for the Punifliment of Mutiny and Defertion, and otlier Crimes therein refpedlively mentioned, without Partiality, Favour or AfFedtion ; and if any Doubt fliall arife (which is not explained by the faid Aft of Parliament, or the feid Rules and Araclesj accordisig to my Confcience, the beft of my Underftanding, and the Cuilom of V/ar in the like Cafes : And I further fwear, That I will not divulge the Sentence of the Court, until it fhall be approved by tlie Lord High Admiral, or three or more of the Commiiiioners for executing the Office of Lord High Admiral of Gnvi Britain; neither will I, upon any Account, at any Time vvhatfoiver, difclofe or difcover the Vote or Opinion of any particular Member of the Court-Martial, unkfs required to give Evidence thereof as a "VVitnefs by a Court of Juftice, in a due Courfe of Law. So help -me GOD.' And fo foon as the faid Oaths fhall have been adminiftered to the refpeftive Members, the Prefident of the The Judge Ad. Court is hereby authorized and required to adminifter to the Judge Advocate, or to the Perfon officiating as ™''*"^ '" ^^ fuch, an Oath in the following Words. ^^°'"' ' X Vote or Opinion of any particular Member of the Court-Martial, unlefs required to give Evidence ' thereof as a Witnefs by a Court of Juflice, in a due Courfe of Law. So help me GOD: And no Sentence of Death fhall be given againft any Oftender by any fuch general Court-Martial as afore- Tn Sentences of faid, unlefs nine Ofncers prefent fnall concur therein ; and if there be more Officers prefent than thirteen, pf^'li nine Of- then the Judgment fhall pafs by the Concurrence of two Thirds of the Officers prefent ; and no Proceed- '^™'^ " conar.-, ing orTrial ihall be had upon any Offence, but between the Hours of eight of the Clock in the Morning i^o^^ of Trial, and three in the Afternoon, except in Cafes which require an immediate Example. VIIL Provided always. That tlie Party tried by any general Court-Martial to be held as aforefaid, fhall The Party tried, be intitled to a Copy of the Sentence and Proceedings of fuch Courts-Martial, upon Demand thereof made '""I'l^d to aCo- by himfelf, or by any other Perfon or Perfons on his Behalf (he or they paying reafonably for the fame) at J'J„";. l^l p^"' any Time, not fooner than three Months after fuch Sentence, whether fuch Sentence be approved or not; cfedr.gs of the any Thing in this Act to the contrary notwithftanding. Court-Ma: tirJ. IX. Provided alfo, and be it enacted by the Authority aforefaid. That every Judge Advocate, or Perfon Original Pro- officiating as fuch at any general Court-Martial, to be held as aforefaid, do, and he is hereby required to "edings, &;c. of tranfmit, with as much Expedition as the Opportunity of Time and Diflance of Place can admit, the ori- ^^^^J"'^']'"" ■ ginal Proceedings and Sentence of fuch Coiu't-Martial to the Secretary of the Admiralty for the Time ,° j'j^^ sTcrTt'ary being; which original Proceedings and Sentence fliall be by him carefully kept and preferved in the OfHce „f the Adrtiiral- of the Admiralty of Greet Britaiti, to the end that the Perfons intitled thereto may be enabled, upon Appli- tyf ■ic, cation to the faid Office, to obtain Copies thereof according to the true Intent and Meaning of this Aft. X. Provided always, and be it hereby declared and enafted. That no Marine, either OlScer or private Man, '"-'ons t" ^^ tried being acquitted or convifted of any Offence, at any fuch Court-Martial as aforefaid, fhall be liable to be ^J^^'^j.™"^,'^!^^ "^^^ tried a fccond Time by the fame or any other Court-Martial for the fame Ofrence ; and that no Sentence sentence norto' given by any Court-Martial, and figned by the Prefident thereof, be liable to be revifed more than once. be revifed more XL Provided always, and be it further enafted. That if any Officer or Private Man fhall defert his than once. Majefly's Service in any of his Dominions beyond the Seas, or elfewhere beyond the Seas, and fliall Deferters beyond efcape and come into this Realm oi Irehiria', before he be tried by a Court-Martial for fuch Otfence, and Sea, &r, may be fliall be apprehended for the fame, fuch Officer or Private Man fliall be tried for the fame as if the iAid"fJj"' °'" Offence had been committed within this Realm. This Aft not to XIL Provided always, That nothing in this Aft contained fhall extend, or be conflrued to extend, to exempt any on exempt any iNdarine, either Officer or Private Man whatfoever, while on fhore, from being proceeded againlf flwre from ocdf-- by the ordinary Courfe of Law. "^'^ P°"'=- XIIL And be it further enafted. That no Perfon or Perfons being acquitted or convifted of any capital ^'^"^"^ """^ ^'^ Crimes, Violences or Offences, by the Civil Magiifrate, fhall bs liable to be puniflied by a Court-Martial J^'^^t^' ,^3^, ^^.^ the Civil Magi. • for the fame, otherwife than by cafhiering. heca/hiered by a XIV. Provided alfo. That if any Marine Officer, Non-commiflion Officer or Private Man, fhall be ac- Csurt-Maitial. cufed of any capital Crime, or of any Violence or Oftenceagainil the Peribn, Eflate or Property of any of Hfrfons accnfed his Majeffy s Subjefts, which is punilhabie by the known Laws of the Land, the commanding Officer or ^^"P''*'^J'J^"» fJfScers of every Company or Party, is and are hereby required to ufe his and their utmofl: Endeavours to ^^';'J° ^^^_. ^^ '^'j, j- deliver over fuch accufed Perfon to the Civil Magiftrate^ aiid fhall alfo be aiding and affilling to the Ofncers civil Miigiiliau, of JuHice in the feizing and apprehending fuch Offender, in order to bring him to Trial : And if r.ny fuch S:c, commanding Officer fhall wilfully negletit or refufe, upon Application m^de to him for that Purpofe, to ■ deliverover any fuch accufed Perfon to theCivilMagifcrate, or to be aiding and affifling to the Officers ofjuf- tice in the apprehending fucli^Offender ; every fuch Officer fo offending, and being dierpof__convifted before any two or more Juftices of the. Witneffes, fhall be deemed ; any Civil or Military Office I the faid Conviftion be affirmed at the'next Quarter-Selfions oT the Peace for the faid County, '} hc.ite
 * "Y A. B. do fwear. That I will not upon any Account, at any Time whatfoever, difclofe or difcover the