shall make Order for such the Sentence of any such Court-martial, upon Condition of Trans- the Supreme portation, the same shall be notified in Writing by the Officer Courts, who commanding in Chief His Majesty's Forces in India, or in Saint Helena, or at the Cape of Good Hope, or in the Island of Ceylon, Transportation. or at any other Foreign Settlement, Island, Territory, or Country belonging to His Majesty, within the Limits of the Charter of the United Company of Merchants of England trading to the East Indies, or in the Absence of the Officer commanding in Chief, then by the Adjutant General for the Time being, to some Judge of one of the Supreme Courts of Judicature of the Presidencies of Fort William, Fort Saint George, or Bombay, or the Chief Justice or other Judge at the Island of Ceylon, or the Cape of Good Hope, or any such other Settlement, Island, Territory, or Country respectively as aforesaid, and thereupon such Judge shall make an Order for the Transportation of such Offender, upon the Terms and for the Time which shall be specified in such Notification; and shall also make such other Order or Orders, and do all such other Acts consequent upon the same, as any such Judge is authorized to make or do with respect to Offenders ordered to be transported by Sentence of the Criminal Courts in India; and the Governor and Council of such Presidency, or Governor of such Settlement, Island, Territory, or Country respectively, shall and they are hereby required to take Order for the Transportation of all such Offenders accordingly. XIII. And be it further enacted, That if any Offender under Sentence of Death by a Court-martial as aforesaid, shall obtain His Majesty's conditional Pardon as aforesaid, all and every the Laws now in force touching the Escape of Felons under Sentence of Death, shall apply to such Offender, and to all Persons aiding, abetting, or assisting in any Escape or intended Escape of any such Offender, or contriving any such Escape, from the Time when such Order shall be made by such Justice or Baron as aforesaid, and during all the several Proceedings which shall be had for the Purposes aforesaid. XIV. And be it further enacted, That His Majesty may from Time to Time grant a Commission under the Royal Sign Manual, for the holding of General Courts-martial within the United Kingdom of Great Britain and Ireland, in like Manner as has been heretofore used; and that His Majesty may likewise from Time to Time, by His Royal Commission, empower the Chief Governor or Governors of that Part of the United Kingdom of Great Britain and Ireland called Ireland, the Governor of Gibraltar, and the Governor of any of His Majesty's Dominions beyond the Seas respectively, or the Person or Persons there commanding in Chief His Majesty's Forces for the Time being, and may also from Time to Time extend His Royal Warrant to the Commander of the Forces in that Part of the said United Kingdom called Ireland, and to any General or other Officer having the Command of a Body of His Majesty's Forces within the United Kingdom of Great Britain and Ireland, or in any of His Majesty's Dominions, or elsewhere beyond the Seas, or to the General or other Officer commanding such Body of Forces for the Time being, empowering them respectively to appoint General Courts-martial, as well as to authorize any Officer under their respective Command, not below Offenders under Sentence of Death, obtain ing His Majesty's conditional Pardon, shall be subject to the Laws touching the Escape of Felons, &c. The King may grant a Commission for holding Courtsmartial, &c. None to be tried a Second Time for the same Offence, except in Cases of Appeal. Act not to exempt Soldiers from ordinary Proceedings. Persons accused of Capital Crimes, &c. to be de livered over to the Civil Magistrate, &c. Persons ac below the Degree of a Field Officer, to convene General Courtsmartial as Occasion may require, for the Trial of Offences committed by any of their Forces under their several Command, whether the same shall have been so committed before or after such General Officer shall have taken upon himself such Command; all which Courts-martial shall be constituted, and shall regulate their Proceedings, according to the several Provisions. hereinafter specified. XV. Provided always, and be it hereby delared and enacted, That no Officer or Soldier, being acquitted or convicted of any Offence, shall be liable to be tried a Second Time by the same or any other Court-martial for the same Offence, unless in the Case of an Appeal from a Regimental to a General Court-martial; and that no Sentence given by any Court-martial, and signed by the President thereof, shall be liable to be revised more than once. XVI. Provided also, That nothing in this Act contained shall extend or be construed to exempt any Officer or Soldier whatsoever from being proceeded against by the ordinary Course of Law. XVII. And be it further enacted, That if any Officer, Noncommissioned Officer, or Soldier, shall be accused of any Capital Crime, or of any Violence or Offence against the Person, Estate, or Property of any of His Majesty's Subjects, which is punishable by the known Laws of the Land, the Commanding Officer and Officers of every Regiment, Troop, Company, or Party, is and are hereby required to use his and their utmost Endeavours to deliver over such accused Person to the Civil Magistrate; and shall also be aiding and assisting to the Officers of Justice in the seizing and apprehending such Offender, in order to bring him to Trial : And if any such Commanding Officer shall wilfully neglect or refuse, upon Application made to him for that Purpose, to deliver over any such accused Person to the Civil Magistrate, or to be aiding or assisting to the Officers of Justice in apprehending such Offenders, every such Officer so offending, and being thereof convicted, upon any Information or Indictment in any of His Majesty's Courts of Record at Westminster, or in any of His Majesty's Courts in Scotland, or in Dublin, shall be deemed and taken to be ipso facto cashiered, and shall be utterly disabled to have or hold any Civil or Military Office or Employment within the United Kingdom of Great Britain and Ireland, or in His Majesty's Service, and a Certificate thereof shall be transmitted to the Judge Advocate in London. XVIII. Provided always, That no Person or Persons, being quitted, &c. by acquitted or convicted of any Capital Crimes, Violences, or Offences by the Civil Magistrate, shall be liable to be punished by a Courtmartial for the same, otherwise than by cashiering. the Civil Ma gistrate. Persons imprisoned for Criminal Offences not to receive Pay till they return to their Regiment, &c. XIX. And be it further enacted, That no Officer, Noncommissioned Officer, or Soldier, who shall be arrested and committed to Prison upon a Charge of any Criminal Offence, shall receive any Part of his Pay from the Day of such Commitment till the Day of his Return to the Regiment, Troop, Company, or Detachment in which he shall belong, or which he shall be ordered to join; provided that if he shall be acquitted of the Offence for which he was committed, he shall upon the Return to his Corps be entitled to receive all Arrears of Pay which were growing due during the Time of his Confinement; but if he shall be convicted, he shall forfeit all Right to any Pay from the Day of his Commitment during the Time of his Confinement, as well under the original Commitment as under any Commitment consequent upon such Conviction, and until the Day of his Return to the Regiment, Troop, Company, or Detachment to which he shall belong, or which he shall be ordered to join: Provided always, that it shall Secretary at be lawful for the Secretary at War for the Time being to order War empowerthe Issue and Payment to any such Officer, Noncommissioned ed to order such Officer, or Soldier, during any such Commitment or Imprisonment, or either of them, or any Part thereof, of the Pay of any such Officer, Noncommissioned Officer, or Soldier, or of any Proportion of such Pay, or of any Arrears thereof, either during such Commitment or Imprisonment, or after the Discharge of such Officer, Noncommissioned Officer, or Soldier, after Conviction, or otherwise, as shall appear to the Secretary at War to be proper; and the Order of the Secretary at War for the Payment of such Pay or Arrears shall be a sufficient Discharge for such Payment. XX. And it is hereby enacted and declared, That all General Courts-martial held under the Authority of this Act shall consist of Thirteen or Nine Commissioned Officers, as the Case may require; except the same shall be holden upon any Officer, Noncommissioned Officer, or Private Soldier of His Majesty's Forces, which shall be serving 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; in which Cases any General Court-martial may consist of any Number not less than Seven; and except the same shall be holden in Africa or in New South Wales, in which Places such General Courts-martial may consist of any Number not less than Five; of whom none shall be under the Degree of a Commissioned Officer; nor shall the President of any General Court-martial be the Officer commanding in Chief, or Governor of the Garrison where the Offender shall be tried, nor under the Degree of a Field Officer, unless where a Field Officer cannot be had; nor in any Case whatsoever under the Degree of a Captain. Payment. General Courtsmartial to con sist of 13 or 9 Commissioned Officers, except in certain Places. other Officers commanding Stations abroad may summon General Courtsmartial in cer XXI. Provided always, and be it further enacted, That it shall General or be lawful for any General or other Officer commanding any Station, or commanding any Division, Brigade, Detachment or distinct Party belonging to any Army of His Majesty, which may at any Time be serving in any Place beyond the Seas out of His Majesty's Dominions, upon Complaint made to him of any Crime or Crimes, Offence or Offences, done or committed against the tain Cases. Property or Person of any Inhabitant of or Resident in any such Countries by any Noncommissioned Officer, Soldier or other Person serving with or belonging to His Majesty's Armies, being under the immediate Command of any such General or other Officer, to summon and cause to assemble a General Court-martial, which shall consist of not less than Three Officers at the least, for the Purpose of trying any such Person or Persons accused or General Courts martial (except, &c.) not to consist of less than 13 Mem bers. No General of less than 13, General Courtsmartial 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 martial may sentence Noncommissioned Correction or Gaol, &c. be lawful for any General or other Court-martial to sentence any other CourtsNoncommissioned Officer or Soldier to Imprisonment with or without hard Labour, as the Court shall think fit, in House any of 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 discharged, 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 |