Page:Ruffhead - The Statutes at Large - vol 8.djvu/455

 J5L.D. 1759' Anno tricefimo tertio Georgti II. C. 8. 421 V. Provided always. That no Perfoii or Perfons fhall be adjudged to fufFer any Punifhment ex- r^one to be adjudged of tending to Life or Limb, by tlie faid Rules and Articles, within the Kingdom of Great Britain or J:'*^ °' Limb, but tor frelmd, except for fuch Crime or Crimes as is or are exprefled to be fo punifliable by this A^t. puTftabk S th.rAct hi to ^. , . ^. _, „. martial fhall not be under the Degree of a Field Officer of Marines, unlefs where fuch Field Officer officer next in Seniority, cannot be had ; in which Cafe the Marine Officer next in Seniority to fuch Field Officer, not be- not under the Degree of ing under the Degree of a Captain, fhall prefide at fuch Court-martial ; and that fuch Court-mar- a Captain, tial fliall have Power and Authority, and are hereby required to adminifter an Oath to every Wit- Jf witTfl-"s'^" ^" ^^^^ nefs, in order to the Examination or Trial of any of the OfFences that fhall come before them. VIL Provided always. That in all Trials of Offenders by General Courts-martial, to be held by Officers to be fwom. virtue of this AdV, every Officer prefent at fuch Trial, before any Proceedings be had thereupon, fhall take the following Oaths upon the holy Evangelills, before the Court, and Judge Advocate, or his Deputy, who are hereby authorifed to adminiiter the fame, in thefe Words j that is to fay, ' "^7" O U fhall well and truly try and determine, according to the Evidence which fhall be given The Oath, ' jL in the Matter now before you, between our Sovereign Lord the King's Majelty, and the So help you God. ' X ii''^ Force for the Regulation of his Majefty's Marine Forces while on Shore ; and according to ' Mutiny ^nd Defertion, and other Crimes therein rcfpe£lively mentioned, without Partiality, Fa- ' vour or Aft'e6tion ; and if any Doubt fhall arife (which is not explained by the faid Aft of Parlia- ' ment, or the faid Rules and Articles) according to my Confcience, the beft of my Underfland- ' the Commiffioners for executing the Office of Lord High Admiral of Great Britain ; neither will ' I, upon any Account, at any Time whatfoever, difclofc or difcover the Vote or Opinion of any ' particular Member of the Court-martial, unlefs required to give Evidence thereof, as a Witnefs, So help inc God. And fo foon as the faid Oaths fliall have been adminiftered to the refpeclive Members, the Prefident The JuJge Advocate to of the Court is hereby authorifed and required to adminifter to the Judge Advocate, or to the Per- be iwom. fon officiating as fuch, an Oath in the following Words : ' 'f J. B. do fwear, That I will not, upon any Account, at any Time whatfoever, difclofe or The Oath. ^ to give Evidence thereof, as a Witnefs, by a Court of Juftice, in a due Courfe of Law :' So help ?ne God. And no Sentence of Death fh as aforefaid, unlefs nine Offi fent than thirteen, then the ^ ^ cers prefent; and no Proceeding or Trial fhall be had upon any v^^.-..^.-, ^^. ^^..,^s. ^ .^^^.^ v.. Eight of the Clock in the Morning and Three in the Afternoon, except in Cafes which require an immediate Example. VIIL Provided always. That the Party tried by any General Court-martial to be held as afore- The Party tried, intirled faid, fhall be intitled to a Copy of the Sentence and Proceedings of fuch Court-martial, upon De- toaCopyof theSeatente mand thereof made by himfelf, or by any other Perfon or Perfons on his Behalf (he or they pay- a -.d Proceedings of the uig reafonably for the fame) at any Time not fooner than three Months after fuch Sentence, who- Court-martial. ther fuch Sentence be approved or not; any Thing in this Adl to the contrary notwithftanding. IX. And be it enafted by the Authority aforefaid, Tnat every Judge Advocate, or Perfon officia- Original ProceedmosjSrc. ting as fuch, at any General Court-martial, to be held as aforsl'aid, do, and he is hereby required ot Courts-martial," to be to tranfmit, with as much Expedition as the Oppoitunity of Time and Diftance of Place can admit, tranfmitted totheSecre- the original Proceedings and Sentence of fuch Court-martial to the Secretary of the Admiralty for the "'^ °^ '^^ Admiral- Time being ; which original Proceedings and Sentence fliaK be by him carefully kept and preferved ^'■'' "" in the Office of the Admiralty of Great Britain^ to the End that the Perfons intitled thereto may be enabled, upon Application to the faid Office, to obtain Copies thereof, according to the true intenc and Meaning of this A£t. X. Provided always, and be it hereby declared an^ enafted, That no Marine, either Offi.cer or None tobe tried a feconJ Private Man, being acquitted or convi>5led of any Offence, at anyjuch Court-martial as aforefaid, T,mc for the fame flaall be liable to be tried a fccond Time by the fame or any other "Court- martial for the fame Of- *^*"«2' fence -,
 * Pnfoner to be tried :'
 * ■ T J. B. do fwear. That I will duly adminifter Juftice, according to an A£t of Parliament now The Oath«
 * the Rules and Articles made in purfuance of the faid A61 of Parliament, for the Puniftiment of
 * ing, and the 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
 * by a Court of Jul^ice, in a due Courfe of Law :'
 * J difcover the Vote or Opinion of any particular Member of the Court-martial, unlefs required