GEORGII II, Regis Magnæ Britanniæ, Franciæ, et governer. At a General Assembly, begun and held at Robert Dinthe College in the City of Williamsburg, widdie, esq. on Thursday the twenty seventh day of February, in the twenty fifth year of the reign of our sovereign lord, George II. by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, &c. and in the year of our Lord, one thousand seven hundred and fifty two. And from thence continued by several prorogations, to Monday the 27th day of October, in the twenty-ninth year of his majesty's reign, and in the year of our Lord one thousand seven hundred and fifty five, and then held at the Capitol in the City of Williamsburg; being the eighth session of this Assembly. CHAP. I. An Act to amend an act, intituled, An act for amending an act, intituled, An Act for making provision against invasions and insurrections. I. WHEREAS the act, intituled, An act for amend- Preamble. ing an act, intituled, An act for making provision of mutiny, desertion and disobedience. against invasions and insurrections, bath been found insufficient to retain the forces which have inlisted in the service of this colony in their duty, and to impower courts martial to inflict such punishments on soldiers who mutiny or stir up sedition, or desert the said service, as these offences require, II. BE it therefore enacted, by the Lieutenant GPunishment vernor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That if any person who is or shall be mustered, or in pay as an officer, or who is or shall be enlisted or in pay as a soldier, and shall remain in such service, or shall during the continuance of this act, voluntarily enter himself in the said service as a soldier, shall at any time begin, excite, cause or join in any mutiny or sedition, in the company, troop, or regiment, whereunto he doth belong, or in any other company, troop, or regiment, or desert the said ser vice, or being a soldier actually enlisted in any regiment, troop, or company, shall enlist himself in any other regiment, troop, or company without a discharge produced in writing from the colonel, and in his absence, the commanding officer of the regiment, troop, or company, in which he last served as an enlisted soldier; and if any officer shall refuse to obey any lawful command of his superior officer, or shall strike or raise any violence against his superior officer, being in the execution of his office, all and every person and persons so offending in any of the matters before mentioned, shall suffer death, or such other punishment, as by a court martial held according to the rules and directions herein after mentioned, shall be inflicted. Governor may grant a commis sion for holding a courtmartial. Each court III. And be it further enacted, by the authority aforesaid, That the honorable Robert Dinwiddie, esquire. his majesty's lieutenant governor, and commander in chief of this colony, or the commander in chief for the time being, may from time to time grant a commission under the seal of this colony, to any officer not under the degree of a field officer, for the holding a general court martial within this colony. in which court martial, all the offences above mentioned shall be tried and proceeded against in such manner, as by this act, shall be hereafter directed: IV. And it is hereby further enacted and declared. shall consist That no general court martial which shall have pow er to sit by virtue of this act, shall consist of a less of nine at number than nine, whereof none to be under the de- the least. gree of a commission officer; and that such court martial shall have power and authority, and are hereby required to administer an oath to every witness, in order to the examination or trial of any of the offences that shall come before them: V. Provided always, That in all trials of offenders Members of by general courts martial, to be held by virtue of this such court act, every officer present at such trial, before any pro- to take the following ceedings be had thereupon, shall take the following oaths. oaths upon the evangelists, which shall be first administered to the presiding officers by the rest of the members present at such courts martial, and then by the presiding officer to them, in these words, (that is to say.) You shall well and truly try and determine, according to your evidence in the matter now before you, between our sovereign lord the king's majesty, and the prisoner to be tried.-So help you God. I A. B. do swear, that I will duly administer justice, according to the rules and articles, for the better government of his majesty's forces, and according to an act of Assembly, intituled, An act to amend an act, intituled, An act for amending an act, intituled, An act for making provision against invasions and insurrections, without partiality, favor, or affection; and if any doubt shall arise which is not explained by the said articles or act of Assembly, according to my conscience, the best of my understanding, and the custom of war in the like cases: And I further swear, that I will not divulge the sentence of the court until it shall be approved by the governor, or commander in chief, for the time being; neither will I upon any account at any time whatsoever, disclose 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 court of justice, in a due course of law. So help me God. And that such court martial shall have power to ap- Clerk to be point a clerk, to keep a register of their proceedings, appointed by to whom the president of the court shall administer the court. the following oath, to wit: You shall swear, that you will not upon any account, His oath. at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court mar V v v Vol. 6. bermust concur in sen al must be. tial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. What num- And no sentence of death shall be given against any offender in such case, by any general court martial, tence. unless six officers present shall concur therein; and if there be more officers present than nine, then the judgWithin what ment shall pass by the concurrence of two thirds of hours the tri- the officers present, and no proceeding or trial shall be had upon any offence, but between the hours of eight of the clock in the morning, and three in the afternoon, except in cases which require an immedi Party tried ate example: Provided always, That the party tried copy of his by any general court martial in this colony, shall be sentence, &c. entitled to a copy of the sentence and proceedings of such court martial, upon demand thereof made by himself, or by any other person or persons on his behalf, (he or they paying reasonably for the same) at any time not sooner than five days after such sentence, whether such sentence be approved or not, any thing in this act to the contrary notwithstanding. to have a A transcript of the pro ceedings to be sent to the governor, and exc cution suspended till be known. VI. Provided also, and be it enacted by the authority aforesaid, That the president and other officers acting as members of any such court martial do, and they are hereby required to transmit with as much expedition, as the opportunity of time and distance of place can admit, a transcript of the proceedin..s, and senthe governtence of such court martial, under their hands and or's pleasure seals to the governor, or commander in chief, for the time being; and that execution of all and every such sentence and judgment shall be suspended until the pleasure of the governor, or commander in chief, for the time being, be known, who if he thinks proper, is hereby desired to issue his warrant under the seal of the colony, for putting such sentence or judgment into execution, and to transmit the same to the presiding officer at such court martial. And whereas several soldiers after being enlisted, do desert, and are often found wandering or otherwise absenting themselves illegally from the service aforesaid: Power ofma deserters. VII. Be it enacted by the authority aforesaid, That gistrates to it shall and may be lawful to and for all magistrates, apprehend officers, and others, who shall have reasonable cause to suspect any man to be such a deserter, to apprehend or cause him to be apprehended, and to cause such person to be brought before any justice of the peace of the said county, who hath hereby power to examine such suspected person, and if by his confession, or by the testimony of one or more witness or witnesses upon oath, or by the knowledge of the justice of the peace, it shall appear or be found that such suspected person is an enlisted soldier, and ought to be with the troop or company to which he belongs, such justice shall issue his warrant to the next conStable, requiring him to receive such deserter, and him to convey and deliver to the next constable, and so from constable to constable, until such deserter be delivered to the commanding officer of the troop or company to which he belongs; and every constable to whom such deserter and warrant shall be produced, shall execute the same, and give a receipt upon the delivery of the deserter to him under the penalty of forfeiting five hundred pounds of tobacco, recoverable before any justice of the peace, to the use of the informer. VIII. And be it further enacted, by the authority afore- Constables saud, That every constable charged with the conduct- such desercharged with ing any deserter, shall be, and is hereby impowered tera may imto impress men and horses where necessary, for the press men safe conveying the deserter or deserters wherewith and horses. he stands charged; and if such constable shall suffer such deserter to escape, he shall forfeit and pay five Penalty to hundred pounds of tobacco, to the use of the informer, suffer them to be recovered in the manner herein before mention. to escape. ed. And for the better encouragement of any person or persons to secure or apprehend such deserters, as aforesaid: Penalty to them for their arms IX. Be it further enacted, by the authority aforesaid, EncourageThat such justice of the peace shall give him or them ment to pera certificate thereof, and the taker up shall be entitled sons to take up deserters. to two hundred pounds of tobacco, to be levied on the public: Provided always. That if any person shall harbor, conceal, or assist any deserter from the troops, harbor or which now are or hereafter shall be in the pay of this deal with colony, knowing him to be such, or if any person shall knowingly buy or exchange, or otherwise receive any or cloaths. arms or cloaths from any soldier or deserter, on any pretence whatsoever, the person so offending, shall forfeit for every such offence, the sum of twenty pounds, and upon conviction by the oath of one or more credible witness or witnesses, before any justice of the peace in the county where the offence shall be committed, the said penalties shall be levied by warrant, How recoverable. |