Page:Ruffhead - The Statutes at Large - vol 9.djvu/174

 I 24. c. Anno quarto Georgii III. A.D. 1765. Peferters bevond Sea, LV. Provided always, and be it further enatted, That if any Officer or Soldier (hall defert his ec may be trial here Majefty's Service in any of his Majefty's Dominions beyond the Seas, or elfewhere beyond the Seas, and {hall efcape and come into this Realm, ok Ireland, or intojerfey, Guemfy, Alderney or Sark, or the Iflar.ds thereto belonging, before he be tried by a Court-martial for fuch Offence, and fhall be apprehended for the fame ; fuch Officer or Soldier fhall be tried for the fame, as if the faid Offence had been committed within this Realm. LVI. Provided always, That fo much of this Act as relates to the Punifhment of Mutineers and Deferters, within this Realm, and fuch who fhall conceal Deferters, or fhall knowingly buy, ex- change, or otherwife receive any Arms, Clothes, Caps, or other Furniture belonging to the King, from any Soldier or Deferter, or caufe the Colour of fuch Clothes to be changed, ib.aH extend, to all Intents and Purpofes whatfoever, to fuch Governors, or other Officers in Garrifons, and Forces, as his Majefty has now in Pay, or fhall have in Pay in Ireland, or in Jerfey, Guernfey, Alderney or Sark, and the Iflands thereto belonging, and fhall be put in execution in that Kingdom, by all Juftices of This Acl to extend to Deferters, &c. in Ire- land, &c. Pcrfnrs acquitted by the Civil Magifirate, may only be caihiered by a Court-martial. Persons .itemed of capi- Civil Magistrate, &c, Paymafters, &c. to ac- count with Executors. the Peace, and other Officers reflectively, according to the Tenor of, and during the Continuance of this Ad. LVII. Provided alfo, That no Perfon or Perfons being acquitted or convicted of any capital Crimes, Violences or Offences^ by the Civil Magiftrate, fhall be liable to be punifhed by a Court-martial for the fame, otherwife than by cafhiering. LVIII. Provided alfo, That if any Officer, Non-commiffien Officer or Soldier, fliall be accufed urcrimes, &c. to be of any capital Crime, or of any Violence or Offence againft the Perfon, Eftate or Property of any of ered over to the n j s Majefty's Subjects, which is punifhable by the known Laws of the Land ; the Commanding Of- ficer or Officers of every Regiment, Troop, Company or Party, is and are hereby required to u lb his utmoft Endeavours to deliver over fuch accufed Perfon to the Civil Magiftrate; and fhall alfo be aid- ing 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 Ap?- plication made to him for that Purpofe, to deliver over any fuch accufed Perfon to the Civil Magi- strate, or to be aiding and affifting to the Officers of Juftice in the apprehending fuch Offender; every fuch Officer fo offending, and being thereof convicted before any two or more Juftices of the Peace for the County where the Fact is committed, by theOath of two credible Witneffes, fhall be deemed and taken to be ipfofaSto 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 Con- viction be affirmed at the next Quarter Seffions of the Peace for the faid County, and a Certificate thereof be tranfmitted to the Judge Advocate, who is hereby obliged to certify the fanle to the next Court-martial. LIX. Provided always, and be it enacted by the Authority aforefaid, That every prefent and future Paymafter, Agent, or Clerk of any Garrifon, Regiment, Troop or Company, who is or fhall be liable to account with any of the Executors and Adminiftrators of every Officer or Soldier, for any of the Pay of fuch Officer or Soldier, by him or them received ; fhall, on reafonable Demand made by fuch Executor or Adminiftrator, deliver a juft and true Account to any fuch Executor or Adminiftrator, of fuch Sum or Sums of Money as he or they fhall have fo reflectively received for fuch Officer or Soldier, and for which they ought fo to account as aforefaid, fuch Executor or Adminiftrator paying for the fame ; and fliall account with fuch Executor or Adminiftrator for the fame ; and that every fuch Paymafter, Agent, orClerk of any Garrifon, Regiment, Troop or Company, offending herein, fliall forfeit the like Penalties, and to be recovered in like Manner as appointed by this Act, for fuch Colonels or Agents not giving due Accounts of or for the Pay of the faid Officers or Soldiers, to and for fuch Officers and Soldiers themfelves. LX. And be further enacted by the Authority aforefaid, That if any Action, Bill, Plaint or Suit fhall be brought againft any Perfon or Perfons, for any Act, Matter or Thing, to be acted or done in purfuance of this Act, that it fhall and may be lawful to and for all and any Perfon or Perfons fued as aforefaid, to plead thereunto the General Iffue, that he or they are Not Guilty, and to give fuch Special Matter in Evidence to the Jury which fhall try the Iffue ; which Special Matter being pleaded,, had been a good and fufficient Matter in Law to have difcharged the faid Defendant or Defendants of the Trefpafs or other Matter laid to his or their Charg'e : And if the Verdict fhall pafs with the faid Defendant or Defendants in any fuch Action, the Plaintiff or Plaintiffs therein become nonfuit, or- fuffer any Difcontinuance thereof; that in every fuch Cafe the Juftice or Juftices, or fuch other Judge,, before whom the faid Matter fhall be tried, fhall by force and virtue of this Act allow unto the De- fendant or Defendants his or their treble Cofts, which he or they fhall have fuftained by reafon of their wrongful Vexation in defence of the faid Action or Suit; for which the faid Defendant orDe- fendants fhall have the like Remedy as in other Cafes, where Cofts by the Laws of this Realm are given to Defendants. All Suits to be brought LXI. And be it further enacted by the Authority aforefaid, That every Bill, Plaint, Action or mfomeof the Courts of Suit, againft any Perfon or Perfons, for any Act, Matter or Thing to be acted or done in purfuance « Dublin, « e fi« Co"t of this, Aft ' or a S ainft ™Y Member ° r Minifter of a Court Martial, in refpeft of any Sentence of oi'Seflioa in Scotland. * ucn Court, or of any Thing done by virtue or in purfuance of fuch Sentence, fliall be brought in. forne of the Courts of Record at Wejlrnhifter or Dublin, or the Court of Seffion in Scotland, and in no other Court whatfoever. Perfons fued may plead the General Iffue, Treble Cofo. LXIL