33d GEO. III. No. 485. appoint Time Members of S. 1. Court A. D. 1793. pective Corps: which Courts Martial shall have, and are hereby Delinquent is; declared to have full Power and Authority to sit, and if necessary, and Place; to adjourn from time to time in order to try, hear and determine all and select Offences which by this Law are directed to be tried by General Court from Courts Martial. Provided always, that no Person or Persons shall be any Corps. adjudged, by the said Courts Martial, to suffer any Punishment extend- Limitation of ing to Life or Limb, except for such Crimes as are expressed to be tials' Power. so punishable by the foregoing Rules and Articles of War; and that By No.511, for such Crimes only excepted,-no corporal Punishment whatever, shall Martial may be ordered by the Sentence of any Court Martial; and that all Offences inflict corponot punishable by Death, shall be punished by Fine or Imprison- ment prescrib ment, or both, as the Courts Martial before whom the same shall be of var. tried, shall by their Sentence order and direct. And provided also, Limitation of That no Person convicted of any Offence, shall, by the Sentence of any Court Martial, be adjudged to be imprisoned for a longer Term Fines. than the Space of six Months; And that every pecuniary Fine im- Fines, after posed by the Sentence of a Court Martial, shall go, and be applied, Judge Advo first, towards paying the Fees of the Judge Advocate, and the other cate, applied Charges of the Court imposing the same, and the Remainder as the direct. said Court shall by their Sentence direct. ral Punish ed by Articles Imprison ment, and paying Fees of as Court shall Martial requi ficer to apply in-Chief for L. And be it enacted and ordained by the Authority aforesaid, When Court That whenever there shall be Occasion for the Sitting of a General site, ComCourt Martial for the Trial of any Offender or Offenders, the Colo- manding-of nel, or Commanding-officer, of the Corps to which the Offender or to resident Offenders shall belong, not having before received a Warrant for Commandererecting and holding General Courts Martial, agreeable to the Direc- Issue of Wartions of this Act, shall forthwith apply himself to the Captain-General, 511, S. 2. or such other Person as by this Act is empowered to grant Warrants for the holding and erecting the same; and, having such Warrant, shall forthwith issue a Warrant, under his Hand and Seal, to the Adjutant of the Corps to which the Delinquent or Delinquents to be tried shall belong, appointing the Time and Place when and where the Court shall be held, and directing him to summon the Judge Advocate herein-after mentioned, and such, and so many Officers as by this Law are made necessary to constitute the Court, and all the Witnesses, whose Names shall have been given in, to attend at the same Time and Place; which in the Warrant, (together with the Names of the Officers and Witnesses to be summoned,) shall be clearly and fully expressed; and any Commanding-officers, officer or Ador Adjutant who shall neglect to proceed as is by this Clause re- jutant not proquired, so that the Offender or Offenders, owing to such Refusal or cording to Neglect, Commanding Law, feit 100% 33d GEO. III. No. 485. A. D. 1793. Law, to for Neglect, cannot be tried within the Time prescribed by this Law, shall forfeit and pay the Sum of one hundred Pounds, current Money, to any Person who shall sue for the same, in any Court of Record in this Island, wherein no Essoign, Protection, or Wager of Law shall be allowed. See, with this Court Martial to consist of thirteen Mem bers, min. Field-officer; no Field-off cer to be tried by Officer lower than Cap tain. LI. And be it enacted and ordained by the Authority aforesaid, That all Offences committed by Officers, and all Capital Offences committed by Non-commissioned-officers, and Private-men, shall be tried by General Courts Martial only; which General Courts Martial, shall not consist of a less Number than thirteen Members, whereof none to be under the Degree of a Commissioned-officer, and the President not under the Degree of a Field-officer; and no Field-officer shall be tried by any Person under the Degree of a Captain, nor shall any Proceedings or Trials, be carried on, except between the Hours of eight in the Morning, and three in the Afternoon; and such Courts Martial shall, and are hereby declared Trial. to have Power and Authority, and are hereby required, to summon Courts Martial all Persons necessary, and to administer an Oath to every Witness, monses neces- in order to the Examination or Trial of any of the Offences which shall come before them. Provided always, That in all Trials of Offenders by General Courts Martial to be held by virtue of this Members to be Act, every Officer sitting upon such Trial, before any Proceedings be had thereon, shall take the following Oaths, upon the Holy Evangelists, before the Court; and the Person officiating as Judge Advocate, is hereby authorized to administer the same, in these Words, that is to say, Hours for to issue Sum sary, and ad minister Oaths. Sworn. Judge Advo cate's CHARGE to Member's You shall, well and truly, try and determine, according to the Evidence, in the Matter now before you, between Our Sovereign Lord the King and the Prisoner to be tried: SO HELP YOU GOD. [A.B.] do swear, That I will duly administer Justice according to an Act of Assembly of this Island, now in force, intituled, An Act to alter, revive, and amend, an Act intituled, An Act to alter and amend an Act, intituled, An Act for regulating the Militia of this Island; and for the further Regulation of the said Militia, and fixing, and appointing the Times when Martial Law shall be in force in this Island, and declaring and establishing Rules, and Articles of War, for the better Government of the said Militia at those Times; without Partiality, Favour, or Affection; and if any Doubt shall arise, which 33d GEO. III. No. 485. A. D. 1793. is not explained by the said Act,-according to my Conscience, the best SO HELP ME God. And as 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 Person officiating as Judge Advocate, an Oath in the following Words, that is to say: cate to be Judge Advo. President. sworn by the cate's OATH. I Do swear, That I will not, upon any Account, at any Time whatsoever, Judge Advodisclose 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 Cour of Justice, in a due Course of Law. SO HELP ME GOD. No Sentence unless nine Members con cur. thirds must concur. Sentence to be approved by in-Chief of Commander L. I. LII. And be it enacted and ordained by the Authority aforesaid, That no Sentence shall be given against any Offender, by any General Court Martial, unless nine Officers present shall concur If more than therein; and if there be more Officers than thirteen, the Judg- thirteen, twoment shall pass by the Concurrence of two-thirds of the Officers present; and no Sentence of a General Court Martial shall be carried into Execution, until approved of by the Captain-General or Commander-in-Chief of the Leeward Islands for the time being, by a Warrant under his Hand and Seal, directed to the Colonel, or Commanding-officer, of the Corps to which the Delinquent shall S. 9. Form of belong, ordering the said Colonel, or Commanding-officer, to see Approbation. not depriving the said Sentence carried into Execution; EXCEPT in Sentences not In Sentences depriving of Life, where the Approbation of the Commander-in- of Life, ApChief of this Island, for the time being, shall be sufficient; probation by provided such Approbation shall be by a Warrant under his Hand in-Chief of and Seal, directing and ordering as aforesaid; and provided always, cient. That the Party tried by any General Court Martial, shall be entitled, Party tried infrom the Person officiating as Judge Advocate, to a Copy of the of Proceedings thereof Proceedings, and Sentence of such Court Martial, upon Demand and Sentence; Commander Antigua suffi titled to Copy paying for same. No second No. 485. A. D. 1793. 33d GEO. III. thereof made by himself, or any Person or Persons on his Behalf, (he or they paying reasonably for the same,) at any Time not sooner than one Calendar Month, after such Sentence shall have been passed; and provided also, That no Officer or Soldier, being acquitted, or convicted of any Offence, be liable to be tried a second less in case of 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, to be revised and signed by the President thereof, be liable to be revised more than Trial for same Appeal; Sentence not more than once. Officer or Private not ar rested or con fined by SUPE Martial Law is RIOR When to be tried unless as in Clause ; [No. 511, Sect, or varies the Portions of the 2 and 3. annuls Clause in Accuser to state Charge, annex Names of Witnesses, once. LIII. Provided nevertheless, and be it further enacted, That no Officer or Private-man, not being put in Arrest or Confinement by a superior Officer, when Martial Law is in force, shall be tried by a General Court Martial for any Offence committed against this Act, in force; not unless a Complaint of the Offence be made in Writing to the CaptainGeneral, or other Commander-in-Chief of this Island, [or to the Colonel, or other Commanding-officer of the Regiment or Corps to which the Offender shall belong,] within twenty-four Hours after the Offence shall come to the Knowledge of the Person complaining; or unless a Court Martial to try such Offender, shall be ordered by the General, or other said Commander-in-Chief of this Island, [or by the said Colonel or Commanding-officer of the Regiment or Corps,] from his own Knowledge of the Offence; and every Person so complaining, shall in his said Complaint, fully state the Charge against the Offender, and shall annex thereto the Names of every Witness and sign his Name. to be produced in Support thereof, and shall sign his own Name Commander- thereto; and [every Colonel or Commanding-officer of a Corps,] is in-Chief on immediately, on receiving such Charge, to cause the Offender, if Receipt of Charge is to an Officer, to be put in Arrest, if a Non-commissioned-officer or fine the Accu- Private-man, to be put in Confinement, and shall thereon [deliver] to sed, and trans- the Judge Advocate [the Charge] against the Prisoner, with the Advocate Co- Names of the Witnesses thereto as aforesaid: and the Judge Adpy of Charge vocate is hereby required, on all Occasions, and without Delay, cate to furnish to furnish every Prisoner to be tried by a General Court Martial Prisoner with with a Copy of the Charge, and the Names of the Witnesses mand a List against him, and to demand from him a List of the Witnesses to be produced by him in his Defence: and the said Judge Advocate And finally to is then further required, to deliver to the Adjutant of the Corps of all the Wit- to which the Prisoner belongs, the Names in Writing of all the nesses to Ad- Witnesses to be produced on both Sides, in order that they may be summoned as by this Act is directed. [By No. 511, S. 4. Court arrest or con mit to Judge Judge Advo Copy and de of his Wit nesses. deliver Names jutant to be summoned. Martial is empowered to direct Judge Advocate to enquire, personally, of the Commander-in-Chief respecting the Authenticity of the Copy of the Charge, if Doubt arise.] ed-officers of tal Courts Offences not ral Courts LIV. And be it enacted and ordained by the Authority aforesaid, CommissionThat the Commissioned-officers of every Regiment or Corps of Corps may Militia, may, by the Orders and Appointments of their Colonel, holdRegimen. or Commanding-officer, hold Regimental Courts Martial for the Martial for enquiring into such Offences, Crimes, and Disputes, as are not directed to be directed to be tried by a General Court Martial: which Regi- tried by Genemental Courts Martial shall have, and are hereby declared to have, Martial: full Power and Authority to sit,-and, if necessary, to adjourn from Powers of Retime to time,-in order to hear, try, and determine all such Offences, Courts Margimental Crimes, and Disputes, or other Matters, as may come before them, tial. and to punish the Offenders therein, by Fine or Imprisonment, and are hereby also authorized and required to summon all Persons, as Witnesses or otherwise, necessary thereto : Provided always, Regimental That no Regimental Court Martial shall consist of less than five Courts Martial Officers; and that the President thereof shall not be under the to consist of five Officers, Degree of a Captain; and that the Members give Judgment by min. a Majority of Voices; and, in all other their Proceedings, shall Judgment by govern, and conduct themselves by the Proceedings and Customs of Majority. Regimental Courts Martial in His Majesty's Army: And provided as in Army. also, That no Sentence shall be executed till the Colonel, or Sentence to be Commanding-officer in the Corps, shall, in Writing, have confirmed Commanding the same. President. Proceedings confirmed by officer. neral or Com Chief of L. I. His Powers LV. And be it enacted and ordained by the Authority aforesaid, Captain-GeThat it shall and may be lawful for the Captain-General or mander-inCommander-in-Chief of the Leeward Islands for the time being, to appoint to appoint, from time to time, some fit Person to be Judge Advo- JUDGE ADcate (with a Power of appointing a Deputy) for all the Corps of VOCATE. Militia in this Island; which said Judge Advocate, or his Deputy, and Duty. is hereby authorized and impowered to act in his said Capacity, and to prosecute, in His Majesty's Name, all Offenders that may be tried by General Courts Martial hereafter to be held, and in all respects to act as the Judge Advocate of His Majesty's Army, or his Deputy, usually do act: and the said Judge Advocate, or his Court to settle Deputy, shall, at the Breaking-up of each General Court Martial, Judge Advowhich he shall attend, in his said Capacity, be intitled to such Fee [See Proviso, as the said Court shall think adequate to his Trouble, and shall infra.] agree upon and direct: which Determination shall be made by the Majority of Voices, and shall be inserted as Part of the Proceed |