33d GEO. III. Penalty for corresponding entertain, or protect an Enemy or Rebel; shall suffer Death, or such other Punishment as by a General Court Martial shall be inflicted. XLIV. Whosoever shall be convicted of holding Correspondence with any with Enemy; Rebel, or Enemy of His Majesty; or of giving them Advice or Intelligence, either by Letters, Messages, Signs or Tokens, in any Manner or Way whatsoever; or shall treat with such Rebels or Enemies, without License from the General or Commander-in-Chief; or whosoever shall be convicted of aiding, assisting, conniving at, or any way contriving the Escape of any Prisoner or Prisoners, either directly or indirectly; shall suffer Death, or such other Punishment, as by a General Court Martial shall be inflicted. or assisting Prisoners to escape. Penalty for entertaining Stranger without Leave; XLV. No Officer or Private-man shall entertain any Stranger in his Tent, or other Place, without Leave from his Commanding-officer, on Pain of being punished for Disobedience of Orders; and any Officer or or concealing Private-man who shall be convicted, before a General Court Martial, of having concealed a Spy, shall suffer Death. Spy. Penalty for compelling to surrender Post to Enemy. XLVI. If any Governor, or other Commanding-officer, of any Garrison, Commandant Fort, or other Post, shall be compelled by the Officers or Privatemen under his Command, to give it up to an Enemy, or to abandon it; the Commissioned-officers, Non-commissioned-officers, or Private-men, who shall be convicted of having so offended, shall suffer Death, or such other Punishment as shall be inflicted upon them by the Sentence of a General Court Martial. Eldest Officer to command when Corps act in conjunction. Officer on Guard to receive Priso ner; XLVII. If upon Marches, Guards, or Detachments, two or more Corps of Militia shall happen to join or do Duty together, the eldest Officer by Commission, there on Duty, shall command the Whole, and give Orders for what is needful for the Service of the Island; and all other Officers and Private-men there on Duty, are hereby required to obey such eldest Officer, on pain of being punished for Disobedience of Orders. XLVIII. No Officer commanding a Guard, shall refuse to receive or keep any Prisoner committed, to his Charge, by any Officer belonging to His Majesty's 33d GEO. III. No. 485. A. D. 1793. Majesty's Troops, or to the Militia; which Officer shall, at the same Time, deliver an Account in Writing, signed by himself, of the Crime with which the said Prisoner is charged. XLIX. Officer committing Priso. ner, to particularize Crime. Penalty for Guard releas ing Prisoner. No Officer commanding a Guard shall presume to release any Officer on Prisoner committed to his Charge, without proper Authority for so doing; nor shall he suffer any Prisoner to escape; on the Penalty of being punished for it by the Sentence of a Court Martial. L. Every Officer to whose Charge any Prisoner shall be committed, is hereby required, within twenty-four Hours after such Commitment, or as soon as he shall be relieved from his Guard, to give-in, in Writing, to the Colonel, or Commanding-officer, of the Regiment or Corps to which the Prisoner belongs, (where the Prisoner is confined upon the Guard belonging to such Regiment or Corps, and his Offence only relates to the Neglect of Duty in his own Corps,-and in other Cases, to the Commander-in-Chief of this Island,) the Name and Crime of such Prisoner, and the Name of the Officer who committed him, on the Penalty of being punished for his Disobedience or Neglect, at the Discretion of a Court Martial. LI. Officer having Prisoner to return his Charge of or as soon as in 24 Hours, Officer is relieved. Penalty for And if any Officer under-arrest shall leave his Confinement before Officer breakhe is set at liberty by the Officer who confined him, or by a supe- ing Arrest, rior Power, he shall be cashiered for it. LII. Officer haviour, to be cashiered. Whatsoever Commissioned-officer shall be convicted before a Ge- vietconn neral Court Martial, of behaving in a scandalous, infamous Manner, becoming Be such as is unbecoming the Character of an Officer and Gentleman, either when Martial Law shall be in force, or at any other Time,shall be cashiered. LIII. To the end that Offenders may be brought to Justice,-whenever any Officer or Private-man shall commit a Crime deserving Punishment, he shall, if an Officer, be, by any other superior Officer, (whether of the same Corps or not,) put in Arrest; if a Non-commissioned-officer or Private-man, he shall be put into Confinement, till he shall be either tried by a Court Martial, or shall be lawfully discharged Provision for punishing Crimes not ted in Articles. 33d GEO. III. No. 485. discharged by a proper Authority: AND every Officer who shall put another in Arrest, or shall put a Non-commissioned-officer or Private-man into Confinement, shall immediately report the same in Writing to the Commanding-officer of the Corps to which the Offender may belong; and shall,, in such Report, state the Crime committed, and the Names of the Witness or Witnesses who can prove the same; and every Officer who shall refuse or neglect to proceed against any Offender as hereby required, or who having put an Offender in Arrest or Confinement, shall neglect to report the same as above directed, shall be, by his Commanding-officer, brought to a Court Martial for Neglect of Duty, and shall suffer such Punishment as the said Court Martial by their Sentence shall direct. [By No. 511, S. 10. General Court Martial to sit on Officer accused under this Article.] LIV. All Crimes not capital, and all Disorders or Neglects which Officers or Private-men may be guilty of, whenever Martial Law shall be in be guilty of, whenever Neglects which Officers capital, omit force, to the Prejudice of good Order and Military Discipline, though not mentioned in the said Articles,, are to be taken Cognizance of by a Court Martial, and be punished at their Discretion. [By No. 511, S. 10. General Court Martial to sit on Officer tried under this Article, Regimental Court Martial, on Non-commissioned-officer or Private.] Doubts as to Construction of Articles to be deter mined, accord ing to Prac tice in Army, by General Court Martial. LV. And as it is impossible that any Rules and Articles, or other Public Acts, can be so worded, but that Difficulties may be started by perverse and unreasonable Men,-If any Offence or Crime shall be committed by any Officer or Private-man, which comes not within the Meaning or Purport of any of the aforegoing Rules and Articles; or if any Doubt shall at any Time hereafter arise, concerning the Construction of the said Rules and Articles, in any Particular; the same shall be determined according to the Practice and Custom in His Majesty's Army, by the Sentence of a Court Martial. [By No. 511, S. 10. General Court Martial is to determine in Cases under this Article.] XLVI. And whereas some Doubts have heretofore, arisen, whether any Person, when Martial Law is not in force, may be tried by a Court Martial for any Breach of that Law, committed during the Time it was in force: therefore, to obviate the said Doubts, and that Offenders may not go unpunished; be it enacted and ordained by 33d GEO. III. -- may try De ing Martial Martial Law tried during or James, till by the Authority aforesaid, That during the Continuance of this Court Martial Act, it shall and may be lawful for any Court Martial to sit, and linquent for try all Delinquents for Offences cognizable by such Courts Martial, Ofence duralthough Martial Law shall not be in force at such Sitting and Trial: Law, though And if any Officer shall be put in Arrest, or if any Non-commis- shall have sioned-officer or Private-man shall be put in Confinement, when ceased. Martial Law is in force,—and if during the Continuance thereof, a Offender conCourt Martial cannot assemble for the Trial of such Offender, or if fined, and not he shall not be otherwise discharged,―he shall,-at the ceasing of Martial Law, -to be kept in Martial Law, if an Officer, remain under Arrest; or if a Non- Arreft, it of commissioned-officer or Private-man, he shall be, by the Colonel or ficer; or otherwise lodged Commanding-officer of the Corps to which the Offender shall belong, in Fort George sent to Great George Fort, or James Fort, which ever shall be nearest, tried or disthere to remain until he shall be either tried by a Court Martial, or charged: shall be lawfully discharged by proper Authority: Provided always, Trial in three that all Offenders, who, being in Arrest or in Confinement, cannot Days after be tried during the Continuance of Martial Law, shall be tried within Martial Law. three Days at farthest after such Law shall cease; and if any Delinquent If Delinquent or Delinquents liable to be tried by a Court Martial, by virtue of this Act, shall not be in Arrest or in Custody, or having been so, shall have escaped therefrom, it shall and may be lawful, for the Colonel or Commanding-officer of the Corps to which such Delinquent or Delinquents shall belong,-if Martial Law shall not then be in force,to issue a Warrant under his Hand and Seal, directed to any force, by Constable, to apprehend the said Delinquent or Delinquents and he Warrant to or they, so apprehended, shall be by the said Colonel, or Com- Constable, manding-officer, sent to Great George Fort or James Fort, which quent's Appro ever shall be nearest, there to remain under Confinement until send him to a Court Martial can assemble for the Trial of such Delinquent Delinquents: Provided always, That every such Delinquent shall be till tried. tried within three Days at farthest after he shall be in Custody. or Cessation of., liable to Trial tal, be not in escaped, Commanding by Court MarCustody or officer may, (Martial Law not being in cause Delin. hension, and Fort George or Fort James Trial in three in-Chief may, with Ad XLVII. And be it enacted and ordained by the Authority afore- Commandersaid, That at all Times when Martial Law shall be in force as afore- (Martial Law said, it shall, and may be awful for the Captain-General, or other being in force) Commander-in-Chief of this Island, by and with the Advice and vice of Coun Consent of a Council of War, to employ all the Slaves on the Island, cil of War -or such Proportion thereof, as the said Commander-in-Chief and Slaves in Pub Council shall think necessary,-in throwing up Breast-works, In- Sec S. 48. trenchments, Redoubts, or other Works for the Defence of this Island; and in repairing, or otherwise working on any of the Forts and Fortifications; or in any other Service, which, by the said ComVOL. II. A a mander lic Works, When Slaves are to be em. ployed under S. 47. Owners to have Notice from Council of War. Owner con Cessation of Jus Number, to forfeit 58. per Day for each Slave deficient. viously; 33d GEO. III. No. 485. A. D. 1793. mander-in-Chief and Council, may be thought expedient and proper for the Public Good. XLVIII. And be it enacted and ordained by the Authority aforesaid, That whenever Slaves are to be employed in the Public Service as aforesaid, the Owner, or Possessor or Possessors of such Slaves, shall have Notice thereof in such Manner, and by such Persons as shall be agreed upon and ordered, for that Purpose, by the said Commander-in-Chief and Council of War: And whatsoever Owner, or Possessor, of Slaves, having such Notice, shall neglect, or refuse, victed, (after to furnish the Number and Kinds of Slaves required of him or her,Martial Law,) upon being convicted thereof (after Martial Law shall cease) before before any two of His Majesty's Justices of the Peace, by the Oath of one ing to furnish or more credible white Witness or Witnesses, shall forfeit and pay the Sum of five Shillings per Day, for each Slave not furnished as aforesaid; and if the same be not immediately paid down, the said Offender shall be, by the said Justices, committed to the Commonjail, there to remain until the said Fine and all incident Charges be fully paid and satisfied; and all such Fines shall be paid to the Treasurer of this Island for the time being, and shall be applied to repairing the Forts and Fortifications thereof: Provided always, that Notice at least every Owner or Possessor of Slaves shall have Notice of the Time 24 Hours' pre- and Place, appointed for furnishing Slaves for the Public Service as either person- aforesaid, at least twenty-four Hours before such Slaves are to be bally to White; furnished; which Notice being personally served, or given, verbally, or in Writing to any White Person, or in Writing to any other Person, at the last to other Per- Place of Abode of such Owner or Possessor shall be deemed sufficient: And provided also, that the Slaves to be furnished as aforesaid, shall be required in equal Proportions to the Number of Slaves, of every Owner or Possessor respectively; and that all Owners and Possessors of Slaves, be required to furnish Slaves at one and the same Time. XLIX. And be it enacted and ordained by the Authority aforesaid, That it shall and may be lawful for the Captain-General of the Leeward Islands,-and, in case of his Death or Absence from By No. 511, this Island, for the Lieutenant-General of the Leeward Islands,S. 2. Captain and in case of his Death or Absence, for the Lieutenant-GoverResident-Com- nor of this Island,-and in case of his Death or Absence, for the ComChief, on Ap- mander-in-Chief for the time being,-and, in case of his Death or plication as in Absence, for the President of the Council of this Island,-from time Warrant, for to time, to grant a Warrant, under his Hand and Seal, to any Officers General Court of Militia not under the Degree of a Field-officer, and being CommandingADJUTANT of officers of the Corps they belong to, to hold and erect General Courts MarCorps in which tial within this Island, whenever the same may be necessary in their res ally; or ver son. Proportions General, or mander-in S. 50, to issue Martial, to pective |