the Expiration of the Term limited by such Order, and shall be duly convicted thereof, he shall suffer Death as a Felon without Benefit of Clergy.

VI. And be it further enacted, That it shall be lawful for any Deserter m General or General Regimental Court-martial to sentence any be sentenced to Noncommissioned Officer or Soldier convicted of Desertion by serve as a Soldier in any such Court, to general Service as a Soldier, and that His Majesty may thereupon direct that such Service shall be in any Regiment or Regiments or Corps, and in any Country or Place or Places, abroad or otherwise, as He may think fit.

Corps.

tenced to serve

VII. Provided always, and be it further enacted, That if any Deserter enNoncommissioned Officer or Soldier in any Regiment or Corps of listed for a His Majesty's Regular Forces, so convicted of Desertion, shall limited Term appear to have enlisted for a limited Term of Years, it shall be may be senlawful for such Court to sentence any such Noncommissioned for Life, &c. Officer or Soldier so enlisted in any Regiment or Corps of His and be adjudg Majesty's Regular Forces to serve for Life as a Soldier, or for ed to other any Number of Years beyond the Period for which such Noncom- Forfeitures. missioned Officer or Soldier shall have enlisted, in the Regiment in which he so enlisted, or generally in any Regiment or Corps which His Majesty shall please to direct; and any Noncom missioned Officer or Soldier may, in case of Desertion, be adjudged to forfeit all Benefit or Advantage as to Increase of Pay, or as to Pension or Discharge, which might otherwise have accrued to such Noncommissioned Officer or Soldier from the Length of his previous Service, and such Forfeiture may in such Cases of Desertion be adjudged in addition to any other Punishment, if the Court should think fit.

VIII. And be it further enacted, That it shall be lawful for any Court-martial, before which any Noncommissioned Officer or Soldier shall be tried and convicted of Desertion, to direct, if it shall so think fit, in addition to any other Punishment such Court may award for any such Desertion, that such Deserter be marked on the Left Side, Two Inches below the Armpit, with the Letter (D.), such Letter not to be less than Half an Inch long, and to be marked upon the Skin with some Ink or Gunpowder, or other Preparation, so as to be visible and conspicuous, and not liable to be obliterated.

A Mark to be affixed on the

Body of De

serters.

notified by the Commander in

Justice of the

IX. And be it further enacted, That whenever His Majesty Sentence of shall intend any Sentence of a Court-martial of Transportation to Transportation, be carried into Execution, or shall be graciously pleased to extend &c. shall be His Mercy, upon Condition of Transportation, to any Offender liable to the Punishment of Death by the Sentence of a Court- Chief or the martial, such Sentence, together with His Majesty's Pleasure upon Adjutant the same, shall be notified in writing by the Commander in Chief neral to any for the Time being of His Majesty's Forces in Great Britain and Ireland, or in the Absence of the Commander in Chief, then by the Adjutant General for the Time being, to any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer of the Degree of the Coif in England, or to any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer in Ireland; and thereupon such Justice or Baron 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

&c. who shall King's Bench, make an Order for the Transportation of

such Offenders.

Such Notifi

Office of the

make such other Order or Orders, and do all such other Acts consequent upon the same, as any such Justice or Baron is authorized to make or do by any Act or Acts in force at the Time of making any such Orders in relation to the Transportation of Offenders; and such Order and Orders so to be made, and all such Acts as shall be so done as aforesaid, shall be obeyed and done by such Person in whose Custody such Offender shall at that Time be, and all other Persons whom it may concern, and shall be as effectual, and have all the same Consequences, as any Order made under the Authority of the said Act with respect to any Offender in the said Act mentioned; and every Sheriff, Gaoler, Keeper, Governor, or Superintendant whom it may concern, and all Constables, and other Persons, shall be bound to obey the aforesaid Order and Orders, be assistant in the Execution thereof, and be liable to the same Punishment for Disobedience, or interrupting the Execution of the same, as they would be if the same had been made under the Authority of the aforesaid Act; and every Person so ordered to be transported as aforesaid shall be subject respectively to all and every the Provision and Provisions made by Law, and now in force, concerning Persons convicted of any Crime, and sentenced to be transported, or receiving His Majesty's Pardon on Condition of Transportation. [See post, Cap. 63.]

X. And be it further enacted, That the Justice or Baron who cation, &c. shall shall make any such Order as aforesaid, under any such Notificabe filed in the tion of His Majesty's Pleasure as aforesaid, shall direct the said Notification, and his own Order made thereupon, to be filed in the Office of the Clerk of the Crown of His Majesty's Court of King's Bench, and to be there kept of Record; and the said Clerk of the Crown shall receive a Fee of Two Shillings and Sixpence, and no more, for filing the same.

Clerk of the
Crown;

who shall, on Application, deliver a Certi

ficate of the Conviction of any such Offender, &c.

Sentence of

Transportation in India, &c. to be notified by the Officer com manding in Chief to some

Judge of one of

XI. And be it further enacted, That the said Clerk of the Crown of His Majesty's Court of King's Bench shall, upon the Application of any such Offender who shall be ordered by His Majesty to be transported as aforesaid, or of any other Person applying on his Behalf, or on the Application of any Person on Behalf of His Majesty, deliver a Certificate in Writing under his Hand (not taking for the same more than Two Shillings and Sixpence), containing an Account of the Christian Name and Surname of such Offender, of his Offence, of the Place where the Court was held before whom he was convicted, and of the Terms and Conditions on which His Majesty's Order for such Offender's Transportation was given; which Certificate shall be sufficient Proof of the Conviction and Sentence of such Offender, and also of the Terms on which such Order for his Transportation was given, in any Court, and in any Proceeding wherein it may be necessary to inquire into the same.

XII. Provided always, and be it further enacted, That whenever any Sentence of Transportation passed by any Court-martial holden in the East Indies, or in Saint Helena, or in His Majesty's Settlements of the Cape of Good Hope or Ceylon, or in any Settlement occupied by His Majesty's Forces beyond the Cape of Good Hope, is to be carried into Execution, or Mercy shall be extended to any Offender liable to the Punishment of Death by

the

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, obtaining 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 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

or any

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 ImprisonPayment. ment, 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.

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