Page:Ruffhead - The Statutes at Large - vol 8.djvu/350

 3^6 C» f)s Anno tricefimo fecundo G e o r g 1 1 II} A: D. 175 8J, None to be adjuaged ef V. Provided always. That no Perfon or Perfons fhall be adjudged to fuffer any Punifhnient ex- Lite or Limb, but tor tending to Life or Limb, by the faid Rules and Articles, within the Kingdom of Great Britain or fo iSabie by thi's Aft. ^''*^^«^' except fof fuch Crime or Crimes as is or are exprefled to be fo punifhable by this Aa. General Court-martial VL And it is hereby further ena(5led and declared. That no General Court-martial, which {hail- not to connft of lefs than have Power to fit by Virtue of this Ail, fhall confift of a lefs Number than thirteen, whereof rone 13, and the Prefident to to be under the Degree of a Commiflion Officer of Marines ; and the Prefident of fuch Court-maf oVcer nextin Seniodty ^''^^ ^^" ^^^ ^^ .""^^'■. ^^e Degree of a Field Officer of Marines, unlefs where fuch Field. Officer not under the Degree of ' *^^P"°*^ ^^ had; in which Cafe, the Marine Officer next in Seniority to fuch Field Officer, not a Captain. being Under the Degree of a Captain, fhall prefide at fuch Court-martial ; and that fuch Court- May adminifter an Oath martial fhall have Power and Authority, and are hereby required, to adminifter an Oath to, to WitneiTes. gygry Witnefs, in Order te the Examination or Trial of any of the Offences that fhall come- before them. Officers to be fworn. VH. Provided always. That in all Trials of Offenders by General Courts-martial, to be helcf; by virtue of this Adl, every Officer prefent at fuch Trial, before any Proceedings be had thereupon- fhall take the following Oaths upon the holy Evangelifts, before the Court, and Judge Advocate or his Deputy, who are hereby authorized to adminifter the fame^ in thefe Words j that is. to fay. The Oath, * "XT' O U fhall well and truly try and determhie according to the Evidence which fhall be- So help you God. The Oath. « Y J. B. do fwear that I will duly adminifler TuRice, according to an A£l: of Parliament now in. ' J. Force for the Regulation of his Majefty's Marine Forces while on Shore; and according to the ' the faid Rules and Articles) according to my Confciencc, the befl of my Underftanding, and the ' ers for executing the Office of Lord High' Admiral oi Great Britoi7i ; neither will I, upon any Se help me God. ' The Judge Advocate to And To foon as the faid Oaths fhall have been adminiftred to the refpeiElive Members, the Prefident of be fworn. ^g Court is hereby authorized and required' to adminifter to the Judge Advocate, or to the Perfoa. officiating as fuch, an Oath in the following V/ords-: TheOath* ' ¥ >/. B. do fwear, That Twill not, upon- any Account, at any Time whatfoever, difclofe or- ' J. difcover the Vote or Opinion of any particular Member of the Court-martial, unlefs required. So help me God. In Sen'pnecs of Death, And no Sentence of Death fhall be given againft any Offender by any fiich General Court-martial ay. N.ne Ofticers to tontujr, aforefaid, unlefs nine Officers prcfent fhall concur therein; and if there be more Officers prefent Hours of Trial, prefent; and no Proceeding or Trial fhall be had upon any Offence, but between the Hours of eight of the Clock in the Morning, and three in the Afternoon, except in Cafes which require an immediate Example. The Party tried, intitled VIII. Provided always. That the Party tried by any General Court-martial to be held as afore- to a Copy 01 the Sentence faid, fhall be intitled to a Copy of the Sentence and Proceeding of fuch Court-martial, upon De- and Proieedjnga of the mand thereof made by himfelf, or by any other Perfon or Perfons on his Behalf (he or they paying; Court-martial. rcafonably for the fame) at any Time not fooner than three Months after fuch Sentence, whether fuch Sentence be approvecl or not ; any thing in this A6t to the contrary nctwithftanding. Original Proceedings,&c. IX. And be it enaited by the Authority aforefaid. That every Judge Advocate, or Perfon officia- ofcou.ts-jnartial tobe jj^g ^^ f^^^ 3^ any General Court-martial, to be held as aforefaid, do, and he is hereby required ta !» "^'Ihe'^rd^'rS''" tranfmit, with as much Expedition as the Opportunity of Time and Diftance of Place can admit, ^»y e Bu y, ^^^ original Proceedings and Sentence of fuch Court-martial to the Secretary of the Admiraly for the Time being ; which original Proceedings and Sentence fhall be by him carefully kept and pre- ferved in the Office of the Admiralty oi Great Britain^ to the End that the Perfons intitled thcreti> may be enabled, upon Application to the faki Office, to obtain Copies thereof, according to the true liitcnt and Meaning of this A6t. X. Provided
 * JL given in the Matter now before you, between our Sovereign Lord the King's Majefly and^
 * the Prifoner to be tried :'
 * Rules and Articles made in purfuance of the faid A61 of Parliament, for the Punifhment of Mutiny
 * and Defertion, and other Crimes therein refpe6tively mentioned, without Partiality, Favour, or
 * Affe£lion ; and if any Doubt fhall arife (which is not explained by the faid A6t of Parliament, or
 * Cuftom of War in like Cafes. And I further fwear, That I will not divulge the Sentence of the
 * Court until it fhall be approved by the Lord High Admiral, or three or more of the Commiffion-
 * Account, at any Time whatfoever, 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 jl
 * Court of Juftice in a due Courfe of Law :
 * to give Evidence thereof, as a Wrtnefs, by a Court, of Juftice in a due Courfe of Law :'
 * ^'- t than thirteen, then the Judgment fhall pafs by the Concurrence of two Thirds of the Officers