be regulated, to all Intents and Purposes, in like Manner as if they were composed of Officers of the Land Forces only, whether the Commanding Officer by whose Order such Courtmartial is assembled belongs to the Land or to the Marine Forces; and Officers of Her Majesty's Land Forces and Officers in the Service of the East India Company, when serving together, may be associated in Courts-martial, which shall, to all Intents and Purposes, be regulated in like Manner as if consisting wholly of Officers of Her Majesty's Land Forces, or wholly of Officers in the Service of the East India Company; save and except that on the Trial of any Person in Her Majesty's Land Forces, the Provisions of this Act, and the Oaths thereby prescribed, shall be applicable; and that on the Trial of any Person belonging to Her Majesty's Marine Forces the Provisions of an Act passed in the present Session of Parliament for the Regulation of Her Majesty's Royal Marine Forces while on shore, and the Oaths thereby prescribed, shall be applicable; and on the Trial of any Officer or Soldier in the Service of the East India Company the Provisions of an Act passed in the Third and Fourth Years of the Reign of Her present Majesty, to amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company, and the Oaths thereby prescribed, shall be applicable, notwithstanding any Officer in the actual Service of the said Company may have a Commission from Her Majesty or from His late Majesty King William the Fourth.

XIV. And be it enacted, That all General and other Courts- Power to admartial shall have Power and Authority and are hereby required nimister Oaths. to administer an Oath to every Witness or other Person who shall be examined before such Court in any Matter relating to any Proceeding before the same.

XV. And be it enacted, That in all Trials by General Proceedings of Courts-martial to be held by virtue of this Act the President Courts-martial. and every Member assisting at such Trial, before any Proceeding be had thereon, shall take the Oath in the Schedule to this Act annexed, before the Judge Advocate or his Deputy, or Person officiating as such, and on Trials by other Courts-martial before the President of such Court, who are hereby respectively authorized to administer the same, and any sworn Member shall administer the Oath to the President; 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 Judge Advocate, or the Person officiating as such, the Oath in the Schedule to this Act annexed; and no Proceeding or Trial shall be had upon any Offence but between the Hours of Eight of the Clock in the Morning and Four in the Afternoon, except in Cases which require an immediate Example, and except in the East Indies, where such Proceedings or Trial may be had between the Hours of Six in the Morning and Four in the Afternoon: Provided also, that all Witnesses duly summoned by the Judge Advocate, or the Person officiating as such, or by the President of a District or Garrison Courtmartial,

Appeal.

Report of Proceedings of General, Dis. trict, or Garrison Courtsmartial.

martial, shall during their necessary Attendance in such Courts, and in going to and returning from the same, be privileged from Arrest, and shall, if unduly arrested, be discharged by the Court out of which the Writ or Process issued by which such Witness was arrested, or if such Court be not sitting, then by any Judge of the Court of Queen's Bench in London or in Dublin, or the Court of Session in Scotland, or Courts of Law in the East or West Indies or elsewhere, according as the Case shall require, upon its being made to appear to such Court or Judge, by any Affidavit in a summary Way, that such Witness was arrested in going to or returning from or attending upon such Courtmartial; and that all Witnesses so duly summoned as aforesaid who shall not attend on such Courts, or attending shall refuse to be sworn, or being sworn shall refuse to give Evidence or to answer all such Questions as the Court may legally demand of them, shall be liable to be attached in the Court of Queen's Bench in London or Dublin, or the Court of Session, or Sheriff Depute or Stewarts Depute, or their respective Substitutes, within their several Shires and Stewartries in Scotland, or Courts of Law in the East or West Indies, or in any of Her Majesty's Colonies, Garrisons, or Dominions in Europe or elsewhere respectively, upon Complaint made, in like Manner as if such Witness had neglected to attend in a Trial in any Proceeding in that Court.

XVI. And be it 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, except in the Cases in which an Appeal from a Regimental to a General Court-martial is expressly given by any of Her Majesty's Articles of War; and that no Finding, Opinion, or Sentence given by any Court-martial, and signed by the President thereof, shall be liable to be revised more than once; and no Witness shall be examined nor shall any additional Evidence be received by the Court on such Revision.

XVII. And be it enacted, That every Judge Advocate, or Person officiating as such at a General Court-martial, or the President of any District or Garrison Court-martial, is required to transmit, with as much Expedition as the Opportunity of Time and Distance of Place can admit, the original Proceedings and Sentence thereof to the Judge Advocate General in London, in whose Office they shall be carefully preserved; and any Person tried by a General Court-martial, or any Person in his Behalf, shall be entitled, on Demand, to a Copy of such Sentence and Proceedings (paying reasonably for the same), whether such Sentence shall be approved or not, at any Time not sooner than Six Months if the Trial took place at Gibraltar or in the Mediterranean, Three Months if at any other Station within Europe, and Twelve Months if elsewhere in Her Majesty's Dominions; provided that such Demand as aforesaid shall have been made within the Space of Three Years from the Date of the Approval or other final Decision upon the Proceedings before such General Court-martial.

XVIII. And

XVIII. And be it enacted, That whenever Her Majesty Transportation shall intend that any Sentence of Transportation heretofore or Kingdom. hereafter passed by any Court-martial shall be carried into execution for the Term specified in such Sentence or for any shorter Term, or shall be graciously pleased to commute as aforesaid to Transportation any Sentence of Death passed by any such Court, the same, together with Her Majesty's Pleasure thereupon, shall be notified in Writing by the Officer commanding in chief Her Majesty's Forces in Great Britain and Ireland, or in the temporary Absence of such Officer by the Adjutant General, or when there shall not be any Commanderin-Chief of Her Majesty's Forces in Great Britain and Ireland, then by the Secretary at War or his Deputy, to any Judge of the Queen's Bench, Common Pleas, or Exchequer in England or Ireland, and thereupon such Judge shall make an Order for the Transportation of such Offender in conformity with such Notification, and shall also do all such other Acts consequent upon the same as such Judge is authorized to do by any Act in force touching the Transportation of other Offenders; and the Person in whose Custody such Offender shall at that Time be, and all other Persons whatsoever whom the said Order may concern, shall be bound to obey and shall be assistant in the Execution thereof, and shall be liable to the same Punishment for Disobedience, or for interrupting the Execution of the same, as if the Order had been made under the Authority of any such Act as aforesaid; and every Person so ordered to be transported shall be subject to every Provision made by Law and in force concerning Persons convicted of any Crime and under Sentence of Transportation; and from the Time when such Order of Transportation shall be made every Act in force touching the Escape of Felons, or their afterwards returning or their being at large without Leave, shall apply to such Offender and to all Persons aiding and abetting, contriving or assisting, in any Escape or intended Escape or the returning without Leave of any such Offender; and the Judge who shall make any Order of Transportation as aforesaid shall direct the Notification of Her Majesty's Pleasure, and his own Order made thereupon, to be filed and kept of Record in the Office of the Clerk of the Crown of the Court of Queen's Bench; and the said Clerk shall have a Fee of Two Shillings and Sixpence only for filing the same, and shall, on Application, deliver a Certificate in Writing (not taking more than Two Shillings and Sixpence for the same) to such Offender, or to any Person applying in his or Her Majesty's Behalf, showing the Christian and Surname of such Offender, his Offence, the Place where the Court was held before whom he was convicted, and the Conditions on which the Order of 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.

Transportation from the Colonies.

XIX. And be it enacted, That whenever any Sentence of Transportation heretofore or hereafter passed by any Courtmartial holden in the East Indies, or in any Part of Her Majesty's Foreign Dominions, is to be carried into execution for the Term specified in such Sentence or for any shorter Term, or when Sentence of Death has been or shall as aforesaid be commuted to Transportation, the same shall be notified by the Officer commanding in chief Her Majesty's Forces at the Presidency or Station, or in his Absence by the Adjutant General for the Time being, to some Judge of one of the Supreme Courts of Judicature in the East Indies, or Chief Justice, or some other Judge, as the Case may be, in any Part of Her Majesty's Foreign Dominions, who shall make Order for the Transportation or intermediate Custody of such Offender, in like Manner as for the Transportation or intermediate Custody of any other Convict; and the necessary Proceedings shall be taken, according to such Order, for the Transportation or intermediate Custody of such Offender; and all Acts in force in such Place touching other Offenders to be transported shall in all respects apply as well to the Offender himself so to be transported as to all other Persons whatsoever therein concerned.

Offences against XX. And be it enacted, That all Crimes and Offences which former Mutiny have been committed against any former Act for punishing tried under this

Acts may be

Act.

Subsequent

Protection from

Desertion.

Mutiny and Desertion, and for the better Payment of the Army and their Quarters, or against any of the Articles of War made and established by virtue of the same, may, during the Continuance of this Act, be inquired of and punished in like Manner as if they had been committed against this Act; and every Warrant for holding any Court-martial under any former Act shall remain in full Force notwithstanding the Expiration of such Act, and all Proceedings of any Court-martial upon any Trial begun under the Authority of such former Act shall not be discontinued by the Expiration of the same; provided that no Person shall be liable to be tried and punished for any Offence against any of the said Acts or Articles of War which shall appear to have been committed more than Three Years before the issuing of the Commission or Warrant for such Trial unless the Person accused, by reason of his having absented himself, or of some other manifest Impediment, shall not have been amenable to Justice within that Period, in which Case such Person shall be liable to be tried at any Time not exceeding Two Years after the Impediment shall have ceased.

XXI. And be it enacted, That every Soldier shall be liable Enlistment no to be tried and punished for Desertion from any Corps into Punishment for which he may have enlisted, or from Her Majesty's Service, although he may of right belong to the Corps from which he shall have originally deserted; and if such Person shall be claimed as a Deserter by the Corps to which he originally belonged, and be tried as a Deserter therefrom, or shall be tried as a Deserter from any Corps into which he may have enlisted, or if he shall be tried while actually serving in some Corps for Desertion from

!

any other Corps, every Desertion previous or subsequent to that
for which he shall be under Trial, as well as every previous Con-
viction for any other Offence, may be given in Evidence against
him; and in like Manner in the Case of any Soldier tried for
any Offence whatever, any previous Convictions may be given
in Evidence against him; provided that no such Evidence shall
in any Case be received until after the Prisoner shall have been
found guilty of such Offence, and then only for the Purpose of
affixing Punishment; and provided also, that after he shall so
have been found guilty, and before such Evidence shall be
received, it shall be proved to the Satisfaction of the Court that
he had previously to his Trial received Notice of the Intention
to produce such Evidence on the same; and provided further,
that the Court shall in no Case award to him any greater or
other Punishment or Punishments than may by this Act and
by the Articles of War be awarded for the Offence of which he
shall have been so found guilty.

XXII. And be it enacted, That it shall be lawful for the Apprehension
Constable of any Place where any Person reasonably suspected of Deserters.
to be a Deserter shall be found, or of any adjoining Place, and
if no such Constable can be immediately met with, then for any
Officer or Soldier in Her Majesty's Service, to apprehend or
cause such suspected Person to be apprehended, and to cause
him to be brought before any Justice living in or near such
Place, and acting for the same or any adjoining County, who
hath hereby Power to examine such suspected Person; and if
by his Confession, or the Testimony of One or more Witnesses
upon Oath, or by the Knowledge of such Justice, it shall ap-
pear that such suspected Person is a Soldier, and ought to be
with the Corps to which he belongs, such Justice shall forthwith
cause him to be conveyed to some public Prison in such Place,
or if there be no public Prison in such Place, then, at the Dis-
cretion of such Justice of the Peace, to the nearest or most
convenient public Prison in the same or any next adjoining
County, or to the Provost Marshal in case such Deserter shall
be apprehended within the City or Liberties of Dublin or Places
adjacent; or if such Deserter shall be apprehended by any Party
of Soldiers of his own Regiment, or shall be apprehended in the
Vicinity of the Head Quarters or of any Depôt of the Regiment
to which he shall belong, then such Justice may deliver such
Deserter to the Party of his Regiment, or may order such De-
serter to be taken to the Head Quarters or Depôt of the
Regiment to which he shall belong, instead of committing him
to Prison; and such Justice shall transmit an Account thereof,
in the Form prescribed in the Schedule annexed to this Act, to
the Secretary at War, specifying at the Foot thereof the Com-
mitment to Prison or Delivery of such Deserter to the Party of
his Regiment in order for his being taken to the Head Quarters
or Depôt of his Regiment, as the Case may be, to the end that
such Person may be removed by an Order from the Office of
the said Secretary at War, and proceeded against according to
Law; and such Justice shall also send to the Secretary at War
a Report,