Page:Ruffhead - The Statutes at Large - vol 9.djvu/184

 134 C. 8. Anno quarto Georgii III. A. D. 1763. nably for the fame) at any Time not fooner than three Months after fuch Sentence, whether fuch Sentence be approved or not ; any thing in this Act to the contrary notwithstanding. Orig : nal Proceedings, IX. And be it enadtcd by the Authority aforefaid. That every Judge Advocate, or Perfon officia- te, of Courts-martial, ting as fuch at any General Court-martial, to be held as aforefaid, do, and he is required to tranfmit, to be tranfmitted to the w ith as much Expedition as the Opportunity of Time and Difran'ce of Place can admit, the original Sccie;a.y of the Admi- p roce cdings and Sentence of fuch Court-martial to the Secretary, of the Admiralty for the 1 ime being ; which original Proceedings and Sentence fhall 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 ena- bled, upon Application to the faid Office, to obtain Copies thereof, according to the true Intent and Meaning of this Aft. None to be tried a fecond X. Provided always, and be it hereby declared and enacted, That no Marine, either Officer or J ime tot the fame Of- p r ; V ate Man, being acquitted or convicted of any Offence, at any fuch Court-martial as aforefaid, Sentence not to be re- ^ a ^ De liable to be tried a fecond Time by the fame or any other Court-martial for the fame Offence ; vifed more than once, and that no Sentence given by any Court-martial, and figned by the Prefident thereof, be liable to be revifed more than once. . Duferters be.ond Sea, XI. And be it further enacted, That if any Officer or Private Man fhall defert his Majefly's Ser- &c may be tried here or vice in any of his Dominions beyond the Seas, or elfewhere beyond the Seas, and fhall efcape and in Ircand. come into this Realm, or Inland, before he be tried by a Court-martial for fuch Offence, and fhall be apprehended for the fame, fuch Officer or Private Man fhall be tried for the fame, as if the fame Offence had been committed within this Realm. This Aft not to exempt XII, Provided always, That nothing in this Act contained fhall extend, or be conflrued to extend, any on shore from ordi- to exempt any Marine, either Officer or private Man whatfoever, while on Shore, from being pro- nary Prccefs. cceded againft by the ordinary Courfe of Law. Perfons acqnitteJ by the XIII. Provided alfo, and be it further enacted, That no Perfon or Perfons being acquitted or con- c;vil Magiftrate, may yjfted of any capital Crimes, Violences, or Offences, by the civil Magiftrate, fhall be liable to be clrt-marriaF * punifhed by a Court-martial for the fame, otherwife than by Cafhiering. Perfons accutv'd of Ca- XIV. Provided alfoi and be it further enacted, That if any Marine Officer, Nbn-commiffion Officer pital Crimes, Sec. to be °r Private Man, fhall he accufed of any capital Crime, or of any Violence or Offence againft the Per- delicered over to the ci- fon, Eftate, or Property, of any of his Majefly's Subjects, which is punifhable by the known Laws of vil Magiftrate, &c. the Land ; the commanding Officer or Officers of every Company or Party, is and are hereby required to ufe his and their utmoft Endeavours to deliver over fuch accufed Perfon to the civil Magiftrate ; and fhall alfo be aiding and affifting to the Officers of Juftice in the feizing and apprehending fuch Of- fender, in order to bring him to Trial : And if any fuch commanding Officer fhall wilfully neglect or refufe, upon Applica ion made to him for that Purpofe, to deliver over any fuch accufed Perfon to the civil Magiftrate, 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 the Oath of two credible Wit- neifes, fhall be deomed and taken to be ipfofaSlo cafhiered, and fhall be utterly difabled to have or hold any civil or military Office or Employment within this Kingdom, or in his Majefly's Service; provided the f .id Conviction 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 fame to the next Court-martial. ' XV. And whereas his Majefty has been gracioufly pleafed, in Compaffion to the diftreffed Con- ' dition 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 direct ' his Commifjary General of the Mutters, to allow upon the Mufter-rolls of all the Regiments, ' Troops, and Companies, a Number of fidtitious Names therein mentioned, inftead of Private ' Men, in order to ralfe and fettle a Fund for the Maintenance of fuch Widows of Officers as are or ' fhall be in itled to his Royal Bounty : Therefore, for the more effectual fulfilling his Majefly's faid ' gracious Intentions, with refpect to the allowing of fictitious Names upon the Mufter-rolls of the ' {aid Marine Forces while on Shore, for the Purpofes aforefaid ;' Be it further enacted and declared Fiflirious Names allow- by the Authority aforefaid, That it fhall and may be lawful, during the Continuance of this Act, edby his Majefty's Or- to and for the faid Lord High Admiral, or three or more of the faid Commiflioners for execut- der upon the Mufter- jng the faid Office of Lord High Admiral for the Time being, by Orders in Writing under his or roils, for the Mamie- their refpedtive Hand or Hands, to direct the Perfon for the Time being authorized to pay the faid dow" "not to"" con- Marine Forces, to pay over the full Pay of fuch fictitious Private Men as fhall be allowed on the flrued'a falfe Mufter. Mufttr-roils of the faid Marine Forces while on Shore as aforefaid, to the proper Receiver appointed Paymafter to pay the full by his Majefty, according to fuch Orders and Inftructions as his Majefty fhall be pleafed to make, Pay of fuch Men to the un( j er j-,j s Sign Manual, for the Purpofe aforefaid; and that no Allowance of any fuch fictitious Name upon any Mufter-roll of the faid Marine Forces while on Shore as aforefaid, fhall be conflrued to be a falfe Mufter ; any thing in this or any former Act contained to the contrary notwith- ftanding. ' XVI. And whereas there is and may be Occafion for the marching and quartering of the faid ronffables, &c, toquar- ' Marine Forces in feveral Parts of this Kingdom ;' Be it further enacted by the Authority aforefaid, t erCfficers and Men m T Rat f or anc i during the Continuance of this Act, and no longer (in purfuance of an Order or Orders nnS) Ale noules, &c j n Writing in that Behalf, under the Hand of the faid Lord High Admiral, or under the Hands of three or more of the Commiffioners for executing the Office of Lord High Admiral for the Time being}