Page:Ruffhead - The Statutes at Large - vol 9.djvu/659

 A P P EN D I X. 185 XXVII.- No Man in, or belonging to the Fleet, fhall fleep upon his Watch, or negligently perform the Duty Sleeping upon impofed upon him, or forfake his Station, upon pain of death, or other punithment, as the cjrcumftances a c ' of the cafe (hall require. XXVIII. All Murders and wilful killing of any perfon in the Ship, fhall be punifhed with death. Murders. XXIX. All Robbery and Theft committed by any Perfon in or belonging to the Fleet, fhall be punifhed with |^ t ery and death, or otherwife, as the Court-Martial upon confideration of Circumftances fhall find meet. XXX. No Provoft- Martial belonging to the Fleet, fhall refufe to receive or keep any Prifoner committed to P rovoft Martial, his charge, nor fuffer him to efcape, being once in his cuftody, nor dilmifs him without order, upon pain " oners • of being liable to the fame punifhment which fhould have been inflicted upon the party difmiffed, or per- mitted to efcape, or fuch other punifhment as the Court-Martial fhall think tit. XXXI. All Captains, Officers and Seamen, fhall do their endeavours to detect, apprehend and bring to punifh- Apprehending ment all Offenders, and fhall affift the Officers appointed for that purpofe therein, upon pain to be pro- ° en ers * ceeded againft, and punifhed by the Court-Martial at difcretion. XXXII. If any perfon or perfons in or belonging to the Fleet, fhall commit the unnatural and deteftable Sin of Sodomy. Buggery or Sodomy with man or Bealt, he fhall be punifhed with death, without mercy. XXXIII. All other Faults, Mifdemeanors, and Diforders committed at Sea, not mentioned in this Act, fhall be Mifderaeaiiors, punifhed according to the Laws and Cuftoins in fuch cafes ufed at Sea. s" 3i iC " eis a XXXIV. And it is hereby further enacted, That the Lord High- Admiral for the time being, fhall by The Lord High- virtue of this Act have full power and authority to grant Commiffions to Inferior Vice-Admirals, or Admiraispower Commander in Chief of any Squadron of Ships, to call and affemble Court-Martials, confifting of Com- rniffionso°caii rnanders and Captains; and no Court-Martial where the pains of death fhall be inflicted, (hail confift of Court- Martiais. lefs than five Captains at leaft, the Admirals Lieutenant to be as to this purpofe efteemed as a Captain ; and in no cafe wherein Sentence of death fhall pafs by virtue of the Articles aforefaid, or any of them (except in cafe of Mutiny) there fhall be execution of fuch Sentence of death, without the leave of the Lord High-Admiral, if the offence be committed within the Narrow Seas : But in cafe any of the of- fences aforefaid be committed in any Voyage beyond the narrow Seas, whereupon Sentence of Death fhall be given in purfuance of the aforefaid Articles, or of any of them ; then execution fhall not be done but by order of the Commander in Chief of that Fleet or Squadron wherein Sentence of Death was paffed. XXXV. And be it further enacted and declared, That the Judge- Advocate of any Fleet, for the Judge-Advo- time being, fhall have full power and authority to adminirter an Oath to any perfon or witnefs, in p^g t °' any d • order to the Examination or Trial of any of the offences aforefaid ; and in the abfence of a Judge-Ad- nifter'an OaTh " vocate, the Court-Martial fhall have full power and authority to appoint any perfon to adminifter an Oath for "yal of of- to the purpofe aforefaid. Court" rt' I XXXVI. Provided alfo, and be it further enacted by the authority aforofaid, That this Act, or any p f thing or things therein-contained, .flu 11 not in any manner or wife exte.id to give unto the Lord-Admiral - ins the powers of England for the time being, or to any his Vice- Admirals, Judge or Judges of the Admiralty, his or of theLord- their Deputy or Deputies, or to any other the Officers or Minifters of the Admiralty, or to any others Admira1, having or claiming any Admiral-Power, Jurifdiction or Authority within this Realm and Wales-, or any other the Kings Dominions, any other power, right, jurifdiction, preheminence, or authority, than he or they, or any of them, lawfully have, hath or had, or ought to have and enjoy before the making of this Act, other than for fuch of the offences fpecitied in the federal Articles contained in this Act, as here- after fhall be done upon the main Sea, or in Ships or Veffels being and hovering in the main ltream of great Rivers, only beneath the Bridges of the fame Rivers, nigh to the Sea, within the Jurifdiction of the Admiralty, and in none other places whatfoever, and committed only by fuch perfons as fhall be in actual Service and Pay in his Majefties Fleet or Ships of War. APPEND. B b Anno