Page:Ruffhead - The Statutes at Large - vol 8.djvu/191

 A. D. i757« Anno triceliiTio primo Georgii II, C. 6. 157 the Degree of a Commiffion Officer of Marines ; and the Prefident of fiich Court-martial ftall not be un- the Prefident to der the Degree of a Field Officer of Marines, unlefs where fuch Field Officer cannot be had ; in which Cafe, [|^^^. 1,^/1^^" the Marine Officer next in Seniority to fuch Field Officer, not being under the Degree of a Captain, ftiall next'inSenioiUy prefide at fuch Court-martial ; and that fuch Court-martial (hall have Power and Authority, and are hereby not under the * required, to adminifler an Oath to every Witnefs, in order to the Examination or Trial of any of the Degree of a OfFences that (hall come before them., '^^^''^'V ■ -a VII. Provided always, That in all Trials of Ofl'enders by General Courts-martial, to be held by virtue 'JJ'^.th'trwTt- of this A61, every Officer pref;nt at fuch Trial, before any Proceedings be had thereupon, fhall take the fol- '^^^^^^^ lowing Oaths upon the holy Evangelifts, before the Court, and Judge Advocate, or his Deputy (who are (jj^^^j, t^bg hereby authorized to adminifter the fame) in thefe Words 5 that is to fay, fworn. So help you God. ' T J. A. do fwear. That I will duly adminifter Juftlce according to an A61 of Parliament now in Force The Oath, ' and other Crimes therein refpeilively mentioned, without Partiality, Favour or Affection; and if any ' Lord High Admiral, or three or more of the Commiffioners for executing the Office of Lord High Ad- So help me Go(h And fo foon as the faid Oaths fliall have been adminiftered to the refpe(fl:ive Members, the Prefident of the The Judge A<1- Court is hereby authorized and required to adminifter to the Judge Advocate, or to the Perfon officiating as ^'^"^e to b« fuch, an Oath in the following Words : ^'^"'■'* ' thereof, as a Witnefs, by a Court of Juftice in a due Courfe of Law ;' So help me God, And no Sentence of Death fhall be given againft any Offender by any fuch General Court-martial as afore- in Sentences of faid, unlefs nine Officers prefent fhall concur therein; and if there be more Officers prefent than thirteen, Death nine Of- then the Judgment fhall pafs by the Concurrence of two Thirds of the Officers prefent ; and no Proceeding ^^^""^ '° concur, or Trial fhall be had upon any Offence, but between the Hours of eight of the Clock in the Morning, and ^' c-t • ^ , •, A r • r--i r ^ ■ 1 ■ • !• T^ i HourS 81 I rial. three m the Afternoon, except m Caies wnicn require an immediate iLxample. VIII. Provided always, That the 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 Court-martial, upon Demand thereof made 'ncitki to a Co-^ by himfelf, or by any other Perfon or Perfons on his Behalf (he or they paying reafonably for the fame) at l^t-°c d Pm. any Time not fooner than three Months after fuch Sentence, whether fuch Sentence be approved or not ; ceedings of the any thing in this Aft to the contrary notwithflanding. Coutt-martkL IX. And be it enafted by the Authority aforefaid. That every Judge Advocate, or Perfon officiating as Original Pro- fuch at any General Court-martial,- to be held as aforefaid, do, and he is hereby required to tranfmit, with ceed.ngs, &c, as much Expedition as the Opportunity of Time and Diftance of Place can admit, the Original Proceedings ^f Courts- mar- and Sentence of fuch Court-martial, to the Secretary of the Admiralty for the Time being; which Ori- "^'^^ to be tranf- ginal Proceedings and Sentence fhall be by him carefully kept and preferved in the Office of the Admiralty []|,'.y of the Ad-* of Great Britain, to the end that the Perfons intitled thereto may be enabled, upon Application to the faid miralty, &c. Office, to obtain Copies thereof, according to the true Intent and Meaning of this A6t. X. Provided always, and be it hereby declared and enafted. That no Marine, either Officer or Private ^'^"^ '" J'V'''* Man, being acquitted or convifted of any Offence, at any fuch Court-martial, as aforefaid, fliall be liable ^ '^='^°"'^ ^""of to be tried a fccond Time by the fame or any other Court-martial for the fame Offence; and that no Sen- fenJer tence given by any Court-martial, and figned by the Prefident thereof, be liable to be revifed more than Sentence not to once. be revifed ir.oie- XI. And be it further enaileJ, That if any Officer or Private Man ffiall defert his Majefty's Service Jn t^^an opc.% any of his Dominions beyond the Seas, or elfewhcre beyond the Seas, and -fliall efcape and come into this Deferteis beyondi Realm or Ireland, before he be tried by a Court-martial ioc fuch Owcnce, ar.d fhall be apprehended for the bMrieTh""'^ fame ; fuch Officer or Private Man fhall be tiicd for the fame, as if the faid Offence had been committed in ileflnd"^ "' wirhin this Realm. • TIus Artnot t*. XII. Provided always, that nothing in in this AcSl contained, fhall extend, or be conftrucJ to extend, to cxenj-t any <:u exempt any Marine, either Officer or Private Man, whatfoever, while on Shore, from being proceeded S'^ore frooi or- againft by the ordinary Courfe of Lav/. ' ''■"■'"■y Pr* ceis. Xlil. Provided alio, and be it further enacled, Thai no p, rfon 6r Perfons being acquitted or convifted of "^''"^^'■l"!"^' any Capital Crimes, Violences or Offences, by vh? Civil Magiftrate, fhail be liable to be puniflied by a Ms%!rJ^e'"^ Court-martial for the fame, otherwife than by cafh;erlng. _ oniy'beca^/iMSi XIV. Pro/ided by a Court- nianiai..
 * X7 0U fhall well and truly try and determine, according to the Evidence which fhall be given in the The Oath.
 * jJL Matter now before you, between our Sovereign Lord the King's Majefty, and the Prifoner to be
 * Jl for the Regulation of his Majefty's Marine Forces while on Shore ; and according to the Rules and
 * Articles made in purfuance of the faid A6t of Parliament, for the Punifliment of Mutiny and Defertion,
 * Doubt fhall arife (which is not explained by the faid Act of Pa.rliamcnt, or the faid Rules and Articles)
 * according to my Confcience, the bed of my Underftanding, and the Cuftom of War in the like Cafes.
 * And I further fwear. That I will not divulge the Sentence of the Court until it fhall be approved by the
 * miral of Great Britain-, neither will I, upon any Account, at any Time v/hatfoever, difclofe or difcover
 * the Vote or Opinion of any particular Member of the Court-martial, unlefs required to give Evidence
 * thereof, as a Witnefs, by a Court of Juftice in a due Courfe of Law :'
 * T A. B. do fwear. That I will not, upon any Account, at any Time whatfoever, difclofe or difcover the The Oath<f
 * Jl Vote or Opinion of any particular Member of the Court-martial, unlefs required to give Evidence