Page:Ruffhead - The Statutes at Large - vol 9.djvu/163

 A, D. 1763. Anno quarto Georgii III. C. 3. rrj III. And be it alfo further enafted, That itfhall and may be lawful to- and for fuch Courts-martial, Camts-martial may in- by their Sentence or Judgment, to inflict Corporal Punifhment, not extending to Life or Limb, on flicl Corporal Punift. any Soldier for Immoralities, Mifbehaviour, or Neglect of Duty. ' ment for immoralities, IV. And it is hereby further enacted and declared, That no General Court-martial which fhall &Cl have Power to fit by virtue of this Aft, fhall confift of a lefs Number than thirteen, whereof none General Court-martial to be under the Degree of a Commiifion Officer; and the Prefident of fuch General Court-martial, not to confift of Jefs fhall neither be the Commander in Chief, or Governor of the Garrifon where the Offender fhall be ' h. an "3 > and the Pre - tried, nor under the Degree of a Field Officer, unlefs where a Field Officer cannot be had ; in which &T £ ostlriL?* Cafe, the Officer next in Seniority to the Commander, not being under the Degree of a Captain, Seniority, not under the fhall prefide at fuch Court-martial ; and that fuch Court-martial fhall have Power and Authority, and Degree of a Captain, are hereby required to adminifter an Oath to every Witnefs, in order to the Examination or Trial of May adminifter an Oath any of the Offences that fhall come before them. taWitnefles. V. Provided always, That in all Trials of Offenders by General Courts-martial, to be held by Officers to be fwora,. virtue of this Aft, 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 ; that is to fay, c "y O U fhall well and truly try and determine, according to your Evidence in the Matter now The Oath, So help you GOD. ' X better Government of his Majefty's Forces, and according to an Aft of Parliament now ' out Partiality, Favour or Affeftion ; and if any Doubt fhall arife, which is not explained by the ' faid Articles or Aft of Parliament, according to my Confcience, the beft of my Underftandmg, 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 his Majefty, the General, or Commander in Chief; ' nion 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 : So help me GOD.' And fo foon as the faid Oaths fhall have been adminiftered to the refpeftive Members, the Prefident The Judge Adracatet* of the Court is hereby authorized and required to adminifter to the Judge Advocate, or the Perfon beiVorn. officiating as fuch, an Oath in the following Words : !" A. B. do fwear, That I will not, upon any Account, at any Time whatfoever, difclofe or dif- The Oath, ' J. cover 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 ; So help me GOD.' And no Sentence of Death fhall be given againft any Offender in fuch Cafe by any General Court- t„ sentences of T5nth martial, unlefs nine Officers prefent fhall concur therein ; and if there be more Officers prefent than nineOfficers to concur, -thirteen, then the Judgment fhall pafs by the Concurrence of two Thirds of the Officers prefent ; &c. and no Proceeding or Trial fhall be had upon any Offence, but between the Hours of Eight of the Hours of Trial. Clock in the Morning and Three in the Afternoon, except in Cafes which require an immediate Example. VI. Provided always, That the Party tried by any General Court-martial in the Kingdom of Great The Party tried, inti- Britain or Ireland, or in Jerfey, Guernfey, Alderney, or Sari, or the Iflands thereto belonging, fhall tied to a Copy of the be intitled to a Copy of the Sentence and Proceedings of fuch Court-martial, upon Demand thereof Sentence and pro-ceca- made by himfelf, or by any other Perfon or Perfons on his Behalf (he or they paying reafonably fbrl ng . s o( ^ Court - m: <r? the fame) at any Time not fooner than three Months after fuch Sentence ; and in the Cafe of Trials L ' a ' by any General Court-martial at Gibraltar or Minorca, at any Time not fooner than fix Months after the Sentence given by fuch Court-martial ; and in the Cafe of Trials by any General Court-, martial in his Majefty's other Dominions beyond the Seas, at any Time not fooner than twelve Months after the Sentence given by fuch Court-martial, whether fuch Sentences be approved or not; any thing in this Aft to the contrary notwithftanding. VII. Provided alfo, and be it enafted by the Authority aforefaid, That every Judge Advocate, or Original Proceedings, Perfon officiating as fuch at any General Court-martial, do, and he is hereby required to tranfmit, &*• of Courts-martial •with as much Expedition as the Opportunity of Time and Diftance of Place can admit, the origi-" be 5 rln ?; ltted. t0 G „ nsl Proceedings and Sentence of fuch Court-martial to the Judge Advocate General in London ; neraWLondon^&c. °' which faid original Proceedings and Sentence fhall be carefully kept and preferved in theOffice of fuch Judge Advocate General, to the end that the Perfons intitled thereto may be enabled, upon Applica- tion to the faid Office, to obtain Copies thereof, according to the true Intent and Meaning of this •CtC-L. VIII. Provided always, and be it hereby declared and enafted, That no Officer or Soldier being None to be tried a ii acquitted or convifted of any Offence, be liable to be tried a fecond Time by the fame or any other Time for the fame of- Vol. IX. 0.. Court-
 * J[ before you, between our Sovereign Lord the King's Majefty, and the Prifoner to be tried :
 * T A. B. do fwear, That I will duly adminifter Juftice, according to the Rules and Articles for the The Oatb^
 * in force for the Punifhment of Mutiny and Defertion, and other Crimes therein mentioned, with-
 * neither will I, upon any Account, at any Time whatfoever, difclofe or difcover the Vote or Qpi-