Page:Ruffhead - The Statutes at Large - vol 8.djvu/351

 A. D. 1758. Anno tricefimo fecundo Georgii II. C. 9. 317 X. Provided always, and be it hereby declared and ena£ted. That no Marine, cither Officer or None to fie tricH a '"econ private Man, being acquitted or convided of any OfFence, at any fuch Court-martial as aforefaid, 7"™*^°^'^* ^^■"^O^- Ihall be liable to be tried a fecond Time by the fame or any other Court-martial for the fame Offence ; *"'^^' and that no Sentence given by any Court-martial, and figned by the Prefident thereof, be liable to ^"i^*""^* ""J^^" ^^ «■=- f -r 1 ^u A o J > viied more than once. I be revifed more than Once. . XI. And be it further ena£led, That if any Officer, or private Man fhall defert his Majefty's Deferters beyond Sea, Service in any of his Dominions beyond the Seas, or elfewhere beyond the Seas, and {hall &c, may be tried heie or efcape and come into this Realm, or Ireland^ before he be tried by a Court-martial for fuch Offence, >" Ireland. and fhall be apprehended for the fame ; fuch Offcer or private Man (hall be tried for the fame, as if the faid Offence had been committed within this Realm. XII. Provided always. That nothing in this Ait contained fhall extend, or be conftrued to ex- This Afl not to exempt tend, to exempt any Marine, either Officer or private Man whatfoever, while on Shore, from be- d"/a°"ii^°ef/'*"" '^^' ing proceeded againfl by the ordinary Courfe of Law. '"^"^^ ^^'^^ *' XIII. Provided alfo, and be it further ena£ted. That no Perfon or Perfons being acquitted or con- Perfons acquitted by the vidcd of any Capital Crimes, Violences or Offences, by the Civil Magiftrate, fhall be liable to be Civil Magiftrate, may puniihed by a Court-martial for the fame, otherwife than by cafhiering. ''"'x ^^ caftiered by a 1^ ' ' 7 to Court-martial. XIV. Provided alfo, and be It further enadled. That if any Marine Officer, Non-commiffion Of- Perfons accufed of Ca- ficer, or private Man, fhall be accufed of any Capital Crime, or of any Violence or Offence againft P'^f^' Crimes, &c. the Perfon, Eftate or Property of any of his Majcfty's Subjedls, which is punifhable by the known the CivllMagiftrau, &<r.' Laws of the Land ; the Commanding Officer or Officers of every Company or Party, is and are hereby required to ufe his and their utmoft Endeavours to deliver over fuch accufed Perfon to the Civil Magiflrate; and fhalL alfo be aiding and affifling to the Officers of Juflice in the feizing and apprehending fuch Offender, in order to bring him to Trial : And if any fuch Commanding Officer ^all wilfully negledl or refufe, upon Application made to him for that Purpofe, to deliver over any fuch accufed Perfon, to the Civil Magiftrate, or to be aiding and affifling to the Officers of Juftice in the apprehending fuch Offender j every fuch Officer fo offending, and being thereof conviited. before any two or more- Juftices of the Peace for the County where the Fa<Sl is committed, by the Oath of two credible Witneffes', fhall be deemed and taken to be ipfofaSio cafhiered, and fhall be utterly difabled to have or hold any Civil or Military Office or Employment within this Kingdom, ] or in his. Majefty's- Service ; provided the faid Convidtion be affirmed at the next Quarter-Seffions of j the Peace for the faid County, and a Certificate thereof tranfmitted to the Judge Advocate, who is hereby obliged to certify, the fame to the next Court-martial. '- dition of feveral Widows of Officers of the Army, who have lofl their Lives in the Service of the ^ late War, or during the late Rebellion, by Orders made under his Royal Sign Manual, to diredt clared by the Authority aforefaid, That it fhall and may be lawful, during tke Continuance of this Fi.flitious Names aliow- A£t, to and for the faid Lord High Admiral, or three or more of che faid Commiffioners for execu- ^'^ ^y ^'^ '^^^M^ ft^*^* ting the faid Office of Lord High Admiral for the 7"ime being, by Orders in Writing under his or roL"^)^" the^Mal.ite- their refoeCtive Hand or Hands, to direct the Perfon for the Time being authorized to pay the faid nance of Officers Wi- Marine Forces, to pay over the full Pay of fuch fiClitious private Men as fhall be allowed on the dows not to be conitm- Mufler-rolls of the faid Marine Forces while on Shore as aforefaid, to the proper Receiver appointed ed a falfe Mufter. by his Majefty, according to fuch Orders and Inftrudions as his Majefty fhall be pleafed to make l^^'^f^^.^^^^'^^^l^^ under his Sign Manual, for the Purpofe aforefaid; and that no Allowance of any fuch fictitious j^^g^g^ygy"*^ Name upon any Mufter-roU of the faid Marine Forces while on Shore as aforefaid, fhall be con- ftrucd to be a falfe Mufter ; any thing in this or any former ACt contained to the contrary notwith- ftanding. ' XVI. And whereas there is and may be Occafion for the marching and quartering of the faid fcid. That for and during the Continuance of this ACt, and no longer (in purfuance of an Order or Coaftables, &c. to quar- Orders in Writing in that Behalf, under the Hand of the faid Lord High Admiral, or under the ter Officers and Men in Hands of three or more of the Commiffioners for executing the Office of Lord High Admiral for ^"'» Akhoufes, &c, the Time being) it fhall and may he lawful to and for the Conftables, Tythingmen, Headboroughs, and other chief Officers and Magiftrates of Cities, Towns, and Villages, and other Places, withia Engiandy IVaL's. and the Town of Berwick upon Tweed, and in their Default or Abfence, for any one Jultice of the Peace inhabiting in or near any fuch City, Town, Village, or Place, and for no others ; and fuch Conftables, and other Civil Magiftrates as aforefaid, are hereby required to quaner and billet the Marines, both Officers and private Men, in his Majefty's Service, in Inns, Livery Stables, Ale-houfes, ViCtualling-houfes, and the Houfts of Sellers of Wine by Retail to be drank in their own Houfes, or Places thereimto belonging, and all Houfes of Perfons felling Brandy, Strong Waters, Cyder, or Metheglin, by Retail, to be drank in Houfes, other than and except the Houfe gut in no Diftillerj or Houfes of any Diftillers, who keep Houfes or Places of diftilling Brandy and Strong Waters, and Houfes, orShop-keei ers^ the or in any private Houfei.
 * XV. Andwhersas his Majelly hath been gracioufly pleafcd, in Compaffion to the diflreffed Con-
 * " his Commiffary General of the Muflers, to allow upon the Mufter Rolls of all the Regiments,
 * Troops,- and. Companies, a Number of fictitious Names therein mentioned, inftead ©f private ,,,,t
 * Men, in order to raife and fettle a P'und for the Maintenance of fuch Widows of Officers as are .(■
 * or fhall be intitled to his Royal Bounty : Therefore, for the more effectually fulfilling his Majefty's
 * faid gracious Intentions, with refpeCt to the allowing of fictitious Names upon the Mufter-rolls of
 * the faid Marine Forces while on Shore, for the Purpofes aforefaid ;' Be it further enaCted and de-
 * Marine Forces in feveral Parts of this Kingdom ;' Be it further enacted by the Authority afore-