General Courts martial (except, &c.) not to consist of less than 13 Mem bers. No General of less than 13, any Soldier to Loss of Life, &c. General Courts martial may in flict Corporal or suspected of having committed any such Crime or Crimes, Offence or Offences as aforesaid, notwithstanding any such General or other Officer shall not have received from His Majesty, or from any Person having His Majesty's Authority in that Behalf, any Warrant or Warrants empowering such General or other Officer to summon or assemble Courts-martial; and every such Court-martial shall have Power to try any such Person or Persons so accused or suspected as aforesaid, and to adjudge any such Person or Persons to suffer any such Punishment as shall be prescribed for any Crime or Crimes, Offence or Offences, with which any such Person or Persons shall be charged before such Courtmartial: Provided always, that no Sentence of any such Courtmartial shall be executed until the General commanding in Chief the Army of which the Division, Brigade, Detachment, or Party to which any Person so tried, convicted, and adjudged to suffer Punishment shall belong, shall have approved and confirmed the same: Provided also, that every such Court-martial shall have such and the same Powers for summoning and examining Witnesses, and that Witnesses guilty of Perjury on Examination before them shall be subject and liable to the same Penalties and Punishments as are or shall be by any Law or Usage in force in relation to any other Court-martial, or to any Witnesses examined before any other Court-martial. XXII. Provided always, and be it further enacted, That no General Court-martial for the Trial of any Officer (except the same shall be holden in any Place beyond the Seas out of His Majesty's Dominions, and out of any of the Settlements belonging to the United Company of Merchants of England trading to the East Indies, or in His Majesty's Colony of the Bermuda Isles, or in Africa or New South Wales) shall consist of less than Thirteen Members. XXIII. Provided always, and be it further enacted, That no General Court-martial, consisting of any less number than Thirteen Commissioned Officers, unless holden in any Place beyond the Seas out of His Majesty's Dominions, or out of any of the Settlements belonging to the United Company of Merchants of England trading to the East Indies, or in His Majesty's Colony of the Bermuda Isles, or in Africa or New South Wales as aforesaid, shall sentence any Noncommissioned Officer or Soldier to Loss of Life or Limb, or Transportation. XXIV. And be it further enacted, That it shall be lawful for any such General Court-martial, by their Sentence or Judgment, to inflict Imprisonment, solitary or otherwise, or Corporal PunishPunishment, or ment, not extending to Life or Limb, as such Court shall think Imprisonment, &c. for Immo- fit, on any Noncommissioned Officer or Soldier, for Immoralities, ralities, &c. Misbehaviour, or Neglect of Duty, or to adjudge a Forfeiture of all Benefit or Advantage as to Increase of Pay, or as to Pension, which might otherwise have accrued to such Noncommissioned Officer or Soldier from the Length or Nature of his Service: Provided always, that it shall not be lawful for any General Regimental Court-martial to award such Forfeiture of Benefit or Advantage as to Increase of Pay, or as to Pensions as aforesaid, except in Cases of Desertion as before provided for. General or XXV. Provided always, and be it further enacted, That it shall be commissioned be lawful for any General or other Court-martial to sentence any other CourtsNoncommissioned Officer or Soldier to Imprisonment with or martial may without hard Labour, as the Court shall think fit, in any House sentence Nonof Correction, Common Gaol, or Public Prison, or in any other Officers or Place which such Court may appoint for that Purpose; and all Soldiers to ImGaolers and Keepers of Houses of Correction or Prisons shall prisonment in receive into their Custody, and keep in Confinement for such any House of Time as they shall be respectively required so to do, or until dis- Correction or Gaol, &c. charged, any Noncommissioned Officer or Soldier who may have been sentenced to Imprisonment by any General or other Courtmartial, and shall provide a proper Place for the Confinement of any such Noncommissioned Officer or Soldier, according to the Sentence of such Court, during the Period of his Imprisonment, upon receiving an Order in Writing from the Commanding Officer of the District within which such General Court-martial shall have been held, or from the Commanding Officer of any Regiment or Corps to which such Noncommissioned Officer or Soldier so tried by any Regimental Court-martial as aforesaid shall belong; and every such Gaoler or Keeper of any such House of Correction shall, upon receiving an Order in Writing from any such Commanding Officer as aforesaid, deliver any such Noncommissioned Officer or Soldier to any Person, on producing such Order, although the Period for which he was originally sent to such Gaol or House of Correction shall not have expired; and every Penalty on Gaoler and Keeper of a House of Correction or Prison, who Gaolers refusshall refuse to receive and to confine any such Noncommissioned ing to receive Officer or Soldier in Manner as aforesaid, shall forfeit for every such Offence the Sum of One hundred Pounds, to be recovered by Action of Debt or Information for the Use of His Majesty. them. Soldiers to for XXVI. And be it further enacted, That every Noncommissioned Such NonOfficer or Soldier sentenced to Imprisonment by any General or commissioned other Court-martial shall forfeit all Right to any Pay from the Officers and Day of his Commitment during the Time of such Imprisonment; feit their Pay. and also, that during the Continuance of any Imprisonment in any Gaol or House of Correction, the Gaoler or Keeper of such Prison or House of Correction in Great Britain, and in Ireland the Inspector under whose immediate Inspection such House of Allowance to Correction, Gaol, or Prison shall be, shall receive and apply in Gaolers, &c. the Maintenance of such Noncommissioned Officer or Soldier the Sum of Sixpence per Diem out of the Subsistence of such Noncommissioned Officer or Soldier during the Time that such Noncommissioned Officer or Soldier shall continue in Custody; which said Sum the Secretary at War is hereby authorized and required to cause to be paid to the said Gaoler or Keeper, or Inspector respectively as aforesaid, upon receiving an Application in Writing signed by any Justice of the Peace for the County or Riding in which such Gaol, Prison, or House of Correction shall be locally situate, together with a Copy of the Order under which the said Noncommissioned Officer or Soldier was confined: Provided always, that it shall be lawful for the Secretary at War, if he should think fit, to order the Issue and Payment of any Arrears of Pay, or of the Surplus of such Pay, or any Portion thereof, or of any Arrears thereof, to or on Account of such Noncommissioned Officer or Soldier, during or after the Ex piration Courts-mar tial may ad piration of the Period of his Imprisonment in any Gaol, House of Correction, or Place of Military Confinement. XXVII. And be it further enacted, That all General and other Courts-martial shall have Power and Authority, and are hereby minister Oath to required to administer an Oath to every Witness, in order to the Examination on Trial of any of the Offences that shall come before them. Witnesses. Officers to be sworn. Oaths to be taken by all Members of a General Court martial. The Judge sworn. The Oath. XXVIII. And be it further enacted, That in all Trials by General Courts-martial to be held by virtue of this Act, every Member assisting at such Trial, before any Proceedings be had thereupon, shall take the following Oaths upon the Holy Evangelists, before the Judge Advocate or his Deputy (who are hereby authorized to administer the same); that is to say, You shall well and truly try and determine, according to your I So help you GOD.' do swear, That I will duly administer Justice, according to the Rules and Articles for the better Government of His Majesty's Forces, and according to an Act of Parliament 6 now in force for the Punishment of Mutiny and Desertion, and other Crimes therein mentioned, without Partiality, Favour, or Affection; and if any Doubt shall arise, which is not explained by the said Articles or Act of Parliament, according to my 'conscience, the best of my Understanding, and the Custom of War in the like Cases: And I further swear, That I will not divulge the Sentence of the Court until it shall be approved by His Majesty, or by some Person duly authorized by Him; neither will I, upon any Account, at any Time whatsoever, disclose or discover the Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof as a Witness, by a Court of Justice or a Court-martial, in a due 'Course of Law. 'So help me GOD.' And so soon as the said Oaths shall have been administered to the respective Members, the President of the Court is hereby authorized and required to administer to the Judge Advocate, or the Person officiating as such, an Oath in the following Words: do swear, That I will not upon any Account, at any Time whatsoever, disclose or discover the Vote or Opinion of any Particular Member of the Court-martial, unless required to give Evidence thereof as a Witness, by a Court of Justice, or a Court-martial, in a due Course of Law. 'So help me GOD.' In Sentences of And no Sentence of Death shall be given against any Offender Death, what in such Case by any General Court-martial, unless Nine Officers Number of present shall concur therein (except such General Court-martial Officers shall shall be holden in any Place beyond the Seas out of His Maconcur, &c. jesty's Dominions, or out of any of the Settlements belonging to the United Company of Merchants of England trading to the East Indies, or in His Majesty's Colony of the Bermuda Isles, or in Africa, or in New South Wales as aforesaid); and in all Cases where a Court-martial shall consist of more Officers than Thirteen, and also in any Place beyond the Seas out of His Majesty's Dominions, or out of any of the Settlements belonging to the United Company of Merchants of England trading to the East Indies or in the said Colony of the Bermuda Isles, or in Africa and in New South Wales as aforesaid, when the same shall consist of a lesser Number of Officers, then such Judgment shall pass by the Concurrence of Two Thirds at the least of the Officers present; and no Proceeding or Trial shall be had upon any Offence Hours of Trial. but between the Hours of Eight of the Clock in the Morning and Four in the Afternoon, except in Cases which require an immediate Example, and except in the East Indies, where such Proceedings or Trial may be had between the Hours of Six in the Morning and Four in the Afternoon: Provided also, that all Witnesses Witnesses duly summoned by the Judge Advocate, or the Person attending officiating as such, shall, during their necessary Attendance in such Courts-martial to be priviCourts, and in going to and returning from the same, be pri- leged from vileged from Arrest, in like Manner as Witnesses attending any Arrest. of His Majesty's Courts of Law are privileged; and that if any such Witness shall be unduly arrested, he shall be discharged from such Arrest by the Court out of which the Writ or Process issued by which such Witness was arrested; or if the Court out of which the Writ or Process issued be not sitting, then by any Judge of the Court of King's Bench in London or in Dublin, or Court of Session in Scotland, or Courts of Law in the East or West Indies, or elsewhere, according as the Case shall require, upon its being made appear to such Court or Judge, by Affidavit in a summary Way, that such Witness was arrested in going to or returning from or attending upon such Court-martial; and that Witnesses not all Witnesses so duly summoned as aforesaid, who shall not attend attending liable on such Courts, shall be liable to be attached in the Court of to be attached. King's Bench in London or Dublin, or Court of Session or Sheriff Depute, or Stewarts Depute, or their respective Substitutes, within their several Shires and Stewartries, in Scotland, or Courts of Law in the East or West Indies, or in any of His Majesty's Colonies, Garrisons, or Dominions in Europe or elsewhere respectively, upon Complaint made to the said Court of King's Bench, or Court of Session in Scotland, or Courts of Law in the East or West Indies, or elsewhere respectively, in like Manner-as if such Witness had neglected to attend in a Trial in any Criminal Proceeding in that Court. XXIX. Provided always, and be it further enacted, That in all Trials by any Courts-martial, other than General Courts-martial, which shall be held by virtue of this Act, or of any Articles of War established by His Majesty in pursuance thereof, every Member assisting at such Trial, before any Proceedings be had thereupon, shall take the following Oaths upon the Holy Evangelists (which Oaths shall and may be administered by the President of the Court to the other Members thereof, and to the President by any Member having first taken the said Oaths); that is to say, Proceedings on General Courts martial. YOU shall well and truly try and determine, according to Oaths to be your Evidence, in the Matter now before you. 'So help you GOD.' do swear, That I will duly administer Justice according to the Rules and Articles for the better Government ' of His Majesty's Forces, and according to an Act of Parliament now taken by the Members of such Courtsmartial. now in force for the Punishment of Mutiny and Desertion, and other Crimes therein mentioned, without Partiality, Favour, or Affection; and if any Doubt shall arise which is not explained by the said Articles or Act of Parliament, according to my Conscience, the best of my Understanding, and the Custom of War in the like Cases. So help me GOD.' Appointment of And the President of every such Court-martial (not being under the Rank of a Captain) shall be appointed by the Commanding Officer of the Regiment, Detachment, or Brigade, or the Governor or Commander of the Garrison, Fort, Castle, or Barrack, directing such Court-martial. President. As often as shall be neces the Land and Marine Forces may sit in conjunction upon Courts-martial, taking Rank according to the Seniority of their Commissions. XXX. And Whereas it may be expedient in certain Cases, and particularly in such Matters wherein any of His Majesty's sary, Officers of Marine Forces may be interested, that Officers of the Marines 'should be associated with Officers of the Land Forces, for the Purpose of holding Courts-martial;' Be it enacted and declared, That when and as often as it may be necessary, it shall and may be lawful for Officers of the Land and Marine Forces to sit in conjunction upon Courts-martial, and to proceed in the Trial of any Officer or Soldier of the Land Forces in like Manner, to all Intents and Purposes, as if such Courts-martial were composed of Officers of the Land Forces only, and whether the Commanding Officer by whose Orders such Court-martial is assembled belongs to the Land or to the Marine Forces; and the Officers of the Land and Marine Forces are in such Cases to take Rank according to the Seniority of their Commissions in either Service. Officers of the King's Forces and Officers in the East India Company's Service may sit in conjunction at Courtsmartial, &c. 4G. 4. c.81. 'XXXI. And Whereas it may also be expedient that Officers ' of His Majesty's Land Forces, when employed in conjunction 'with Officers in the Service of the United Company of Merchants of England trading to the East Indies, should in certain Cases be associated for the Purpose of holding Courts-martial;' Be it enacted and declared, That when and as often as there may be occasion, it shall and may be lawful for Officers of His Majesty's Land Forces, and of the Forces in the Service of the United Company of Merchants of England trading to the East Indies, to sit in conjunction at Courts-martial, and to proceed in the Trial of any Officer or Soldier in like Manner, to all Intents and Purposes, as if such Courts-martial were composed of Officers of His Majesty's Land Forces, or of Officers in the Service of the said United Company only; with this Distinction, that upon the Trial of any Officer or Soldier of His Majesty's Land Forces, Regard shall be had to the Regulations and Provisions made by or in pursuance of this Act; and the Oaths administered to the several Members of the Courts-martial shall be in the Terms by this Act prescribed; and upon the Trial of any Officer or Soldier in the Service of the said United Company, Regard shall be had to the Regulations and Provisions made by or in pursuance of an Act passed in the Fourth Year of the Reign of His present Majesty, intituled An Act to consolidate and amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company, and to authorize Soldiers and Sailors in the East Indies to send and receive Letters at a reduced Rate of Postage; notwithstanding any Officer in the Service of the said United Company may have a Commission from His Majesty ; |