Page:Ruffhead - The Statutes at Large - vol 9.djvu/183

 A. D. 1763. Anno quarto Georgii III. C. 8. 133 in- III. And be it alfo enacted, That it fhall and may be lawful to and for fuch Courts-martial Courts-martral may refpetiveiy, by their Sentence or Judgment, to inflict Corporal Punifhment, rot extending to flier coiporaiPunjlhment Life or Limb, on any Marine, for Immorality, Miftehaviour, or Neglect of Duty on Shore, in any tor ^moralities, &e. Place or Places within this Realm, or Inland, or any of his Majefty's Dominions beyond the Seas, during the Continuance of this Act. IV. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful to and L "^, s t > f* - '*^**;*!' for the faid Lord Pligh Admiral, or three or more of the C^mmiffioners for executing the faid Office ma'ke A'rdcteTfor P°u- of Lord High Admiral, at any Time during the Continuance of this Act, to make and eftablifh ni/hment of Mutiny ar.d Rules and Articles in Writing, under his or their refpective Hand or Hands, for the Punifhment of Defertion, &c. Mutiny and Defertion, Immorality, Mifbehaviour, and Negleit of Duty, in any of hisMijefty's Marine Forces while on Shore in any Part of this Realm or Ireland, or any of his Majefty's Domi- nions beyond the Seas, and for bringing Offenders againft the fame to Juftice ; and to erect and con- aid to conftitute Courts- jlitute Courts-martial, with Power to try, hear, and determine any CrLnes or Offences fpecified in martia1 ' fuch Rules and Articles, and inflict Punifhments, by Sentence or judgment of the fame, according to the true Intent and Meaning of this Act. V. Provided always, That no Perfon or Perfons fhall be adjudged to fuffer any Punifhment extend- f^r Li^b^^r^ ing to Life or Limb by the faid Rules or Articles within the Kingdom of Great Britain or Ireland, clim" expre/Ted to°be except for fuch Crime or Crimes as is or are expreffed to be fo punifhable by this Act. fopumfhableby this Aft. VI. And it is hereby further enacted and declared, That no General Court-martial which fhall have General Couit-mariial Power to fit by virtue of this Act, fhall confift of a lefs Number than thirteen, whereof none to be nottoconfift of lefs than under the Degree of a Commiffion Officer of Marines ; and the Prefident of fuch Court-martial *3> and the irefrder.t fhall not be under the Degree of a Field Officer of Marines, unlefs where fuch Field Officer cannot g^ „^°J-^f be had ; in which cafe, the Marine Officer next in Seniority to fuch Field Officer, not being- under not undert'tie De°iW of the Degree of a Captain, fhall prefide at fuch Court-martial ; and that fuch Court-martial fhall have a Captain. Power and Authority, and are hereby required to adminifter an Oalh to every Witnefs, in Order to Mi »y adminiflerari Oath the Examination or Trial of any of the Offences that fhall come before them. t0 Wlt ^ efles - VII. Provided always, That in all Trials of Offenders by General Courts-martial, to be held by Officers to be fwom. virtue of this Act, 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) ' ""^U fhall well and truly try and determine, according to the Evidence which fhall be The Oath. ' X given in the Matter now before you, between our Sovereign Lord the King's Majefty, and ' the Prifoner to be tried : So help you G O D.' A. B. do fwear, That I will duly adminifter Juftice, according to an Act of Parliament now in The Oath. force for the Regulation of his Majefty's Marine Forces while on Shore, and according to ' the Rules and Articles made in purfuance of the faid Act of Parliament for the Punifhment of Mu- ' tiny and Defertion, and other Crimes therein reflectively mentioned, without Partiality, Favour, ' or Affection ; and if any Doubt fhall arife (which is not explained by the faid Act of Parliament, ' or the faid Rules and Articles) according to my Confcience, the beft of my Underftanding, 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 the Commif- ' fioners for executing the Office of Lord High Admiral of Great Britain ; neither will I, upon any ' account, at any Time whatfoever, difclofe or difcover 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 G D.' And fo foon as the faid Oaths fhall have been adminiftered to the refpective Members, the Prefident The judge Advocate to of the Court is hereby authorized and required to adminifter to the Judge Advocate, or to the Perfon be fwom. 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- 7^ 0ath> cover the Vote or Opinion of any particular Member of the Court-martial, unlefs required to So help me GO D.' And no Sentence of Death fhall be given againft any Offender by any fuch General Court-martial, In Sentences of Death, as aforefaid, unlefs nine Officers prefent fhall concur therein ; and if there be more Officers prefent ™ e officeis t0 concur, than thirteen, then the Judgment fhall pais by the Concurrence of two-thirds of the Officers prefent ; H ^ urs of Triali and no Proceeding or Trial fhall be had upon any Offence, but between the Hours of eight o'Clock in the Morning and three in the Afternoon, except in Cafes which require an immediate Example. VIII. Provided always, That the Party tried by any General Court-martial to be held as aforefaid, The Partv tried, intitled fhall be intitled to a Copy of the Sentence and Proceedings of fuch Court-martial, upon Demand to a Copy of the Sen- thereof made by himfelf, or by any other Perfon or Perfons on his Behalf (he or they paying reafo- tence and Proceedings of Xiablv 'k e Court-martial,
 * give evidence thereof, as a Witnefs, by a Court of Juftice in a due Courfe of Law :