Page:Ruffhead - The Statutes at Large - vol 8.djvu/61

 A. D. 1 757* Anno tricefimo Georgii II. C. ii. 27 VIII. Provided always. That the Party tried by any General Conrt-marttal to be held as aforefaid, fhall The Party tried,. be intitied to a Copy of the Sentence and Proceedings of fuch Court-martial, upon Demand thereof made ^^'^''^^"^"•* by himfelf, or by any other Perfon or Perfons on his Behalf (he or they paying reafonably for the fame) se°ntenceand at any Time not fooner than three Months after fuch Sentence, whether fuch Sentence be approved or Proceedings of not • any thing in this A61 to the contrary notwithftanding. theCourtmar- ' -^ ' tial. IX. And be k enaded by the Authority aforefaid. That every Judge Advocate, or Perfon officiating as Original iVo- fuch at any General Court-martial to be held as aforefaid, do, and he is hereby required to tranfmit, ceedings, &c. with as much Expedition as the Opportunity of Time and Diflance of Place can admit, the original of Con rts-mw- Proceedings and Sentence of fuch Court-martial to the Secretary of the Admiralty for the Time being ; ti^l to be tranf- which original Proceedings and Sentence {hall be by him carefully kept and preferved in the Office ™^"^^^^^° ^^^^j^^ of the Admiralty of Grf^/ Britain, to the End that the Perfons intitied thereto may be enabled, upon Admiralty, &c. Application to the faid Office, to obtain Copies thereof, according to the true Intent and Meaning of this Ad. X. Provided always, and be it hereby declared and ena6lcd. That no Marine, either Officer or pn- None to be tried vate Man, being acquitted or convi6ted of any Offence at any fuch Court-martial as aforefaid, fhall be a fecond Time liable to be tried a fecond Time by the fame or any other Court-martial for the fame Offence ; and for the fame that no Sentence given by any Court-martial, and figned by the Preudent thereof, be liable to be revifed ^j^'g^'g^^, ^ more than once. be nvifcd more than once. XI. And be it further enacSled, That if any Officer or private Man fhall defert his Majeffy's Service in Deferters beyond any of his Dominions beyond the Seas, or elfewhere beyond the Seas, and fliall efcape and come into St-a, &c. maybe this Realm or Ireland, before he be tried by a Court-martial for fuch Offence, and fhall be apprehended '"^'^ here or in for the fame ; fuch Officer or private Man fhall be tried for the fame^ as if the faid OfTence had been ""^ committed within this Realm. XII. Provided always. That notning in this Kdi contained fhall extend or be conftrued to extend to This Aft not to exempt any Marine, either Officer or private Man whatfoever while on Shore, from being proceeded exempt any on againft by the ordinary Courfe of Law. ^.^°''« ^'^"^ °/- ° ^ ' dinary Frocefs. XIII. Provided alfo and be it further enaded. That no Perfon or Perfons being acquitted or convicted Perfons acquitted of any capital Crimes, Violences or Offences by the Civil Magiftrate, fhall be liable to be punifhed by a gf^^at^g^mg ^^' Court-martial for the fame, otherwife than by caffiiering. ly b"ca(h?e^red°by a Court-martial, XIV. Provided alfo, and be it further enabled, That if any Marine Officer, Non-commiffion Officer Peribns accufed or private Man fhall be accufed of any capital Crime, or of any Violence or Offence againft the Perfon, of capital Eftate or Property of any of his Majefty's Subje6ts, which is punifhable by the known Laws of the Cnt"". &c. to Land i the commanding Officer or Officers of every Company or Party, is and are hereby required to ufe t^e c!v"m*°- his and their utmoff Endeavours to deliver over fuch accufed Perfon to the Civil Magiftrate ; and fhall ^^3^^ '^p^ ^^'' alfo be aiding and affifting to the Officers of Juftice in the feizing and apprehending fuch Offender, in order to bring him to Trial ; and if any fuch Commanding Officer fhall wilfully neglect or refufe, upon Application made to him for that Purpofc, to deliver over any fuch accufed Perfon to the Civil Magi- ftrate, or to be aiding and affifting to the Officers of Juftice in the apprehending fuch Offender j every fuch Officer fo offending, and being thereof convi6lea before any two or more Juftices of the Peace for the County where the Fail is committed, by the Oath of two credible Witneffes, fliall be deemed and taken to be ipfo faSlo 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 Conviction be affirmed at the next Quarter Seffions of 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 jiext Court-martial. ' XV. And whereas his Majefty hath been gracioufly pleafed, in Compaffion to the diftrelTed Condi- ' Commiffary General of the Mufters to allov/ upon the Mufter-rolJs of all the Regiments, Troops and it fhall and may be lawful, during the Continuance of this Ait, to and for the faid Lord High Admiral, allowed by his or three or more of the faid Commiffioners for executing the faid Office of Lord High Admiral for the Majefty's Order Time being, by Orders in Writing under his or their refpe6live Hand or Hands, to dire<3: the Perfon for ft''°" 'l',^ ¥'^'. 1 '-!-'• !• I'l ^r•^■/f•T^ i/^nn r r r r^ ■ • Iter-rolJs, for the the 1 ime bemg autnorized to pay the laid Marme i-orces, to pay over the full ray or fuch fictitious Maintenance of private Men as fhall be allowed on the Mufter-rolls of the faid Marine Forces while on Shore as afore- Officers Widows, faid, to the proper Receiver appointed by his Majefty, according to fuch Orders and Inftrudions as his not w becon- Majefty fhall be pleafed to make under his Sign Manual, for the Purpofe aforefaid ; and that no Allow- ^^^ ^ '^^'^ ance of any fuch fictitious Name upon any Mufter-roll of the faid Marine Forces while on Shore as afore- Paymafterto pay faid, (hall be conftrued to be a falfe Muf^er 3 any thing in this or any former Ad contained to the con- the full Pay of trary notwithftanding. ^ fuch Men to the E 2 -^ 'XVI. And Receiver.
 * tion of feveral Widows of Officers of the Army, who have loft their Lives in the Service of the
 * late War, or during the late Rebellion, by Orders made under his Royal Sign Manual, to dire6l his
 * Companies, a Number of fiiftitious Names therein mentioned, inftead of private Men, in order to raife
 * and fettle a Fund for the Maintenance of fuch Widows of Officers, as are or fhall be intitied to his
 * Royal Bounty ; therefore, for the more effectually fulfilling his Majefty's faid gracious Intentions with
 * Refpect to the allowing of fi<51:itious Names upon the Mufter-rolls of the faid Marine Forces while on
 * Shore, for the Purpofes aforefaid ;' Be it further enailed and declared by the Authority aforefaid. That Fiftitious Names