maintain them until they shall be sent on board some Ship bound for some Place within the Limits aforesaid; and also to pay, defray and advance the Money necessary to procure such Persons proper and sufficient Passage to their Homes or Places from which they were brought; and all such Sums as the said Company shall pay for or on account of such Relief or Maintenance or Passage Home, shall constitute and become a joint and several Debt due to the said Company from the Commander, Owner or Owners of such Ship, on board whereof such Person or Persons shall have been brought into the said United Kingdom, and shall be recoverable as so much Money paid to and for the Use of such Owner or Owners in any of the Courts of the said United Kingdom, or in the East Indies, if the Owner shall reside there, in which Actions or Suits for the Recovery of Debts may be sued or prosecuted; and in all such Actions and Suits, where the said Company shall recover, they shall be entitled to receive full Costs Full Costs. of Suit. CAP. LXXXI. An Act to consolidate and amend the Laws for punishing W the Sign of His late Majesty King George the Second, HEREAS an Act was passed in the Twenty seventh Year 27 G.2. c.9. 'intituled An Act for punishing Mutiny and Desertion of Officers ' and Soldiers in the Service of the United Company of Merchants of England trading to the East Indies; and for the Punishment of Offences committed in the East Indies, or at the Island of Saint ‹ Helena; and another Act was passed in the First Year of the Reign of His late Majesty King George the Third, intituled An 16.3. c.14. Act to extend the Provisions relating to the holding of Courts • martial, and to the Punishment of Offences committed in the East Indies, contained in the Act made in the Twenty seventh Year of His late Majesty's Reign, intituled "An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to the • East Indies, and for the Punishment of Offences committed in the East Indies, or at the Island of Saint Helena," to the said Company's Settlement of Fort Marlborough, and to such other Prin•cipal Settlements wherever the said Company may be hereafter empowered to hold Courts of Judicature; since the passing of which Acts the Territories under the Government of the said Com. 4 pany, and the Forces maintained by the said Company for the Safety and Protection of the same, have greatly increased, in consequence whereof further Provisions have become necessary; and it being requisite for the retaining of such Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny, or stir up Sedition, or shall desert the said Company's Service, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law do < 3 C 2 allow :' allow: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if any Person who is or shall be commissioned or in Pay as an Officer, or who is or shall be enlisted or in Pay as a Non-commissioned Officer or Soldier in the Service of the said Company, at any Time during the Continuance of this Act, shall begin, excite, cause or join in any Mutiny or Sedition, in the Land or Marine Forces of His Majesty, or of the said Company, or shall not use his utmost Endeavours to suppress the same, or coming to the Knowledge of any Mutiny or intended Mutiny, shall not without Delay give Information thereof to his Commanding Officer; or shall misbehave himself before the Enemy; or shall shamefully abandon or deliver up any Garrison, Fortress, Post or Guard committed to his Charge, or which he shall be commanded to defend, or shall compel the Governor or Commanding Officer of any Garrison, Fortress or Post to deliver up to the Enemy or to abandon the same; or shall speak Words or use any other Means to induce such Governor or Commanding Officer or others to misbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post or Guard committed to their respective Charge, and which he or they shall be commanded to defend; or shall leave his Post before relieved; or shall be found sleeping on his Post; or shall hold Correspondence with or give Advice or Intelligence to any Rebel or Enemy of His Majesty, or the said Company, either by Letters, Messages, Signs or Tokens, in any Manner or Way whatsoever; or shall treat or enter upon any Terms with such Rebel or Enemy, without the Licence of the said United Company, or of the said United Company's Governor General in Council, or Governor in Council at any of their Presidencies, or without the Licence of the General or Chief Commander; or shall strike or use any Violence against his Superior Officer, being in the Execution of his Office; or shall disobey any lawful Command of his Superior Officer; or shall desert the said Company's Service; all and every Person and Persons so offending in any of the Matters before mentioned, whether such Offence shall be committed within the Dominions of His Majesty, or the Possessions or Territories which are or may be under the Government of the said Company, or in Foreign Parts, upon Land or upon the Sea, within or without the Limits of the Charter of the said United Company, shall suffer Death, or such other Punishments as by a Court martial shall be awarded. II. And be it further enacted, That it shall and may be lawful for the General or other Officer commanding in Chief the Forces of or belonging to the Presidencies of Fort William, Fort Saint George, and Bombay respectively, for the Time being, having Au thority to appoint Courts martial, to appoint General Courts martial, and to issue his Warrant to any General or other Officer, having the Command of a Body of Troops of His Majesty or of the said Company, empowering them respectively to appoint General Courts martial as occasion may require, to be holden within the Territories of any Foreign State, or in any Country under the Protection of His Majesty or the said United Company, or or at any Place other than Prince of Wales Island, in the Territories under the Government of the said United Company, and situated above One hundred and twenty Miles from the said Presidencies respectively, for the Trial of any Person under his Command accused of having committed wilful Murder, Theft, Robbery, Rape or any other Crime which is Capital by the Laws of England, or of having used Violence, or committed any Offence against the Person or Property of any Subject of His Majesty, or any other Person entitled to His Majesty's Protection, or to the Protection of the respective Governments of the East India Company, or of any State in Alliance with the said Company, within the Territories of any foreign State, or in any Country under the Protection of His Majesty or the said United Company, or at any Place other than Prince of Wales Island, in the Territories under the Government of the said United Company situate above One hundred and twenty Miles from the said Presidencies respectively; and the Persons accused, if found guilty, shall suffer Death, or be liable to Transportation for Life or for a Term of Years, or to such other Punishments, according to the Nature and Degree of their respective Offences, as by the Sentence of any such General Court martial shall be awarded: Provided always, that any Person so tried shall not be liable to be tried for the same Offence by any other Court whatsoever. [See Sect. 17. post.] III. And be it further enacted, That if any Person liable to be tried by a Court martial for any such Offence alleged to have been committed within the Territories of any Foreign State, or in any Country under the Protection of His Majesty or the said United Company, or at any Place, other than Prince of Wales Island, in the Territories or under the Government of the said to his RegiUnited Company situate above One hundred and twenty Miles ment. from the said Presidencies of Fort William, Fort St. George, and Bombay respectively, and for which no Proceeding shall have been commenced in any ordinary Court of competent Civil or Criminal Jurisdiction, shall be apprehended by the Authority of or brought before any Magistrate for any such Offence, it shall and may be lawful for such Magistrate, and he is hereby required to deliver over such accused Person to the Commanding Officer of the Regiment, Corps or Detachment to which such accused Person shall belong, or to the Commanding Officer of the nearest Military Station, for the Purpose of his being tried by a Court martial for such Offence, as herein before is provided in that Behalf. Person liable to be tried by Court martial may be apprehended and delivered over vernor, and IV. Provided always, and be it enacted, That in all and every Sentences not Case wherein a Sentence of Death or Transportation shall be pro- to be executed nounced for any such Capital Offence, committed at any Place till confirmed situate above One hundred and twenty Miles from the Presiden- by Chief Gocies of Fort William, Fort Saint George, and Bombay respectively, approved by and being within the Territories under the Government of the said Governor of United Company, such Sentence shall not be carried into Exe- Presidency. cution until confirmed by the General or other Officer commanding at the Presidency, with the Concurrence of the Governor General in Council or Governor in Council of the Presidency in the Territories subordinate to which such Offenders shall have been tried. Deserters en V. And be it declared and enacted, That no Non-commissioned listing in other Officer or Soldier who shall desert the said Company's Service Corps. shall be exempt from the Pains and Penalties imposed by this Act for such Offence, by again enlisting into His Majesty's or the said Company's Service; but any such Non-commissioned Officer or Soldier shall, notwithstanding such subsequent Enlistment, be deemed to have deserted, and shall in like Manner suffer Death, or such other Punishments as by a Court martial shall be awarded. Punishments. And, while in such Corps, can be punished for mitted therein. Crimes com Proviso where claimed by other Corps. Transportation for Desertion. VI. And Whereas Doubts have arisen whether Soldiers who of Right belong to the Corps from which they have deserted, may be proceeded against and tried for deserting any other Corps in which they may afterwards have enlisted, or from the said Company's Service, if they shall not after such subsequent enlisting have been placed in any Corps, or for any 'Crime committed by them whilst serving therein; Be it therefore enacted, That every such Soldier shall be liable to be tried by a Court martial, and be punishable in like Manner as if he had originally enlisted in, and of Right belonged to the Regiment, Corps, Troop, Company, Detachment or Party in which he shall be at the Time of any subsequent Desertion, or committing any Offence, notwithstanding it shall have been discovered or known that he had previously belonged to any other Regiment, Corps, Troop, Company, Detachment or Party, and had not been discharged therefrom: Provided always, that if such Persons shall be claimed by such other Regiment, Corps, Troop, Company, Detachment or Party, and proceeded against as a Deserter therefrom, his subsequent Desertion from any one or more Corps in which he may have unwarrantably enlisted, may (unless he shall have been already tried for the same) be given in Evidence as an Aggravation of his Crime; previous Notice being always given to such Deserter of the Fact or Facts intended to be produced as Evidence upon his Trial. VII. And be it further enacted and declared, That in case of any Non commissioned Officer or Soldier tried and convicted of Desertion, wheresoever the Court martial which shall pass Sentence upon such Trial shall not think the Offence deserving of Capital Punishment, such Court martial may, instead of awarding a Corporal Punishment, adjudge the Offender, according to the Nature of his Offence, if they shall think fit, to be transported as a Felon for Life, or for a certain Term of Years; and if such Non commissioned Officer or Soldier, having been adjudged to Unduly return- be transported as a Felon, shall afterwards, without Leave from ing, Death. the Governor or Commanding Officer of the Place to which he shall have been transported, return into or be found at large without Leave as aforesaid, or other lawful Cause, within any Part of His Majesty's Dominions, or any of the Possessions or Territories which are or may be under the Government of the said United Company, other than the Place to which he shall have been transported, before the Expiration of the Term limited by such Sentence, and shall be convicted thereof in the ordinary Course of Law, every such Person shall be deemed and adjudged guilty of Felony, and shall suffer Death as a Felon, without the Benefit of Clergy. VIII. Pro VIII. Provided also, and be it enacted, That in all Cases Power to Com. wherein a Capital Punishment shall have been awarded by a Court mander in Chief martial, it shall be lawful for the Officer commanding in Chief at the Presithe Forces at the Presidency to which the Offender shall belong, Offender shall dency to which and having Power to appoint or authorize the Appointment of belong, of comsuch Court martial, instead of causing such Sentence to be carried muting Death into Execution, to order the Offender to be transported as a Felon to Transportfor Life, or for a certain Term of Years, as to the said Officer ation. commanding in Chief may seem meet; and if the Person so transported in pursuance of such Order shall afterwards, without Leave from the Governor or Commanding Officer of the Place to which he shall have been transported, return into or be found at large without Leave as aforesaid, or other lawful Cause, within any Part of His Majesty's Dominions, or any of the Possessions or Territories which are or may be under the Government of the said Company, other than the Place to which he shall have been transported, before the Expiration of the Term limited by such Order, and shall be duly convicted thereof, he shall suffer Death. IX. And be it further enacted, That it shall be lawful for any General Court martial to sentence any Non commissioned Officer or Soldier, convicted of Desertion by such Court, to general Service as a Soldier; and that the General or Commander of the Forces at the Presidency to which the said Offender shall belong, may thereupon direct, that such Service shall be in any Regiment or Regiments or Corps of the said Company, and in any Country or Place or Places out of the Possessions of the Territories under the Government of the said Company or otherwise, as he may think fit. Unduly re turning, Death. Deserters may be sentenced by Court martial to General Service. tenced to serve X. Provided always, and be it further enacted, That if any If Deserter be Non commissioned Officer or Soldier in any Regiment or Corps of a limited Serthe said Company's Forces, so convicted of Desertion, shall viceman, he appear to have enlisted for a limited Term of Years, it shall be may be senlawful for such Court to sentence any such Non-commissioned for Life, &c. Officer or Soldier so enlisted in any Regiment or Corps of the said Company's Forces, to serve for Life as a Soldier, or for any Number of Years beyond the Period for which such Non-commissioned Officer or Soldier shall have enlisted in the Regiment in which he so enlisted, or generally in any Regiment or Corps which the General or Commander of the Forces at the Presidency where such Offender shall be tried shall please to direct; and any Noncommissioned Officer or Soldier may in any Case, in addition to any Service, be further adjudged to forfeit all Benefit or Advan- and to forfeit tage as to Increase of Pay, or as to Pension or Discharge, which might otherwise have accrued to such Non-commissioned Officer Pay, Pension, or Discharge. or Soldier from the Length or Nature of his Service; and such Forfeiture may, in such Cases of Desertion, be adjudged in addition to any other Punishment, if the Court should think fit. Increase of XI. And be it further enacted, That it shall be lawful for any A Mark on General Court martial, before which any Non-commissioned Officer Deserters. 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 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, 3 C4 and |