c. 96. 14 & 15 Vic. mate, the board of trade may cancel or suspend his certificate, British stat. Whether of competency or service; and any such report purporting to be signed by the senior naval officer, or to be sealed with the consular seal, and if produced out of the custody of the mates, their board of trade or its officers, shall be admitted in evidence in may be can- any legal proceeding. 1851. masters or certificates celled or suspended, Entry of log to be read over to 27. Except in the case of desertion, and in other cases in offences in which it is impossible so to do, every entry of any offence made in the official log book of any ship which leaves the United Kingdom after the first day of September, 1851, shall, at the time when the same is made, or as soon afterwards as possible, be read over distinctly and audibly to the offender, or upon the quarter-deck of the ship, and a statement to the effect that the same has been so read to be added to such entry, and signed, as required, for the signature of such entry; and, except in the cases aforesaid, no such entry shall be admissible in evidence on the part of the master or owner, or otherwise available for the purposes of such master or owner, if not so stated to have been read over as herein required. (a) (a) See SEAMEN'S WAGES. (Post.) 145 XI. COURTS MARTIAL. (a) NAVAL. c. 33. 22 GEO. II. c. 33.] For reducing into one act of parliament the 22 GEO. II. laws relating to the government of his majesty's ships, vessels, and forces by sea. BRIT. [1749.] British stat. 1749. empowered sions for tial. admiral,&c., 22 Geo. II. c. 33, sec. 6.] The lord high admiral of Great Admiralty Britain, or the commissioners for executing the office of lord to grant high admiral of Great Britain for the time being, shall have full com 18 power and authority to grant commissions to any officer com- courts-marmanding in chief any fleet or squadron of ships of war, to call and assemble courts-martial, consisting of commanders and captains; and in case any officer commanding in chief any fleet or In case of squadron of ships of war (who shall be authorized by the lord death of high admiral, or the commissioners for executing the office of next in com lord high admiral for the time being, to call and assemble courts- hold courts. martial in foreign parts) shall happen to die, or be recalled, or removed from his command, then the officer upon whom the command of the said fleet or squadron shall devolve, and so, from time to time, the officer who shall have the command of the fleet or squadron, shall have the same power to call and assemble courts-martial, as the first commander-in-chief of the said fleet or squadron was invested with. (a) Notwithstanding the formidable character of these courts, by reason of their isolated sittings and the uncer ainty as to time and judges, courts-martial are bound by the same rules of evidence as the courts of common law; and their general proceedings, where not otherwise regulated by statute, must follow the same course. Thus, their sentences are subject to prohibitions by the superior courts of law for any excess of jurisdiction; and the members of courts-martial are liable to answer in damages for the consequences of any unjust sentence. Vide case of Lieut. Frye in 1743-the L resolutions thereon of the members of a mand to 22 GEO. II. c. 33. 7. Provided always, That no commander-in-chief of any fleet British stat. or squadron of his majesty's ships, or detachment thereof, consisting of more than five ships, shall preside at any court-martial in foreign parts, but that the officer next in command to such officer commanding in chief, shall hold such court-martial and where there preside thereat; any law or custom or usage to the contrary notwithstanding. 1749. Officers next in command, are five ships, to preside at courts-martial in foreign parts. ers-in-chief 8. In case any commander-in-chief, in any fleet or squadron of his majesty's ships or vessels of war in foreign parts, shall Command detach any part of such fleet or squadron, every commander-inchief shall, and he is hereby authorized and required, by writing under his hand, to empower the chief commander of the squadron a squadron or detachment so ordered on such separate service (and in case service to of his death or removal, the officer to whom the command of hold courts. such separate squadron or detachment shall belong) to hold to empower the commanders of on separate Court-mar tial not to consist of courts-martial, during the time of such separate service, or until the commander of the said detachment for the time being shall return to his commander-in-chief, or shall come under the command of any other his superior officer, or return to Great Britain or Ireland. 9. Provided always, That if any five or more of his majesty's ships or vessels of war, shall happen to meet together in foreign parts, then and in such case it shall be lawful for the senior officer of the said ships or vessels to hold courts-martial, and preside thereat, from time to time, as there shall be occasion, during so long time as the said ships or vessels of war, or any five or more of them, shall continue together. 10. Provided nevertheless, That where any material objection occurs which may render it improper for the person who is next in command to the senior officer or commander-in-chief of any fleet or squadron of his majesty's ships of war in foreign parts to hold courts-martial, or preside thereat, in such case it shall be lawful for the lord high admiral, or commissioners for executing the office of lord high admiral for the time being, as also the commander-in-chief of any such fleet or squadron of his majesty's ships in foreign parts, respectively to appoint the third officer in command to preside at or hold such court-martial. 12. No court-martial to be held or appointed by virtue of this act, shall consist of more than thirteen, or of less than five permore than sons, to be composed of such flag-officers, captains, or commanders, then and there present, as are next in seniority to the officer who presides at the court-martial. than 5. The officer not to direct 13. Provided always, That nothing herein contained shall exthe particu- tend, or be construed to extend, to authorize or empower the lar number. lord high admiral, or the commissioners for executing the office c. 33. of lord high admiral, or any officer empowered to order or hold 22 GEO. II. courts-martial, to direct or ascertain the particular number of British stat. persons of which any court-martial, to be held or appointed by 1749. virtue of this act, shall consist. there are 3 dent to call manders rank. 14. Provided always, That in case any court-martial shall, by where virtue of this act, be appointed to be held at any place where captains, there are not less than three, nor yet so many as five officers of the presi the degree and denomination of a post-captain, or of a superior in comrank, to be found, then it shall be lawful for the officer, at the under that place appointed for holding such court-martial, who is to preside at the same, to call to his assistance as many of the commanders of his majesty's vessels, under the rank and degree of a postcaptain, as, together with the post-captains then and there present, will make up the number of five, to hold such courtmartial. (a) refusing to prevari suborna 17. In case any person in the fleet, being called upon to give Penalty for evidence at any court-martial, shall refuse to give his evidence give eviupon oath, or shall prevaricate in his evidence, or behave with dence, or contempt to the court, it shall and may be lawful for such court- cating, &c. martial to punish every such offender by imprisonment, at the discretion of the court, such imprisonment not to continue longer than three months, in case of such refusal or prevarication, nor longer than one month in the case of such contempt; and all and every person and persons who shall commit any wil- Perjury or ful perjury, in any evidence or examination upon oath at any tin such court-martial, or who shall corruptly procure or suborn any person to commit such wilful perjury, shall and may be prosecuted in his majesty's court of king's bench by indictment or information; and every issue joined in any such indictment or information shall be tried by good and lawful men of the county of Middlesex, or such other county as the said court of king's bench shall direct; and all and every person and persons being lawfully convicted upon any such indictment or information shall be punished with such pains and penalties, as are inflicted for the like offences respectively, by two acts of parliament, 5 Elizabeth, c. 9, and 2 Geo. II. c. 25. only to be the information, &c. 18. In every information or indictment to be prosecuted by The offence virtue of this act for any such offence, it shall be sufficient to set set forth in forth the offence charged upon the defendant, without setting forth the commission or authority for holding the court-martial, and without setting forth the particular matter tried or to be tried, or directed or intended to be tried before such court. 19. No sentence of death, given by any court-martial held Report to within the narrow seas (except in cases of mutiny), shall be put the admi (a) Sec. 15, as to sittings of court, repealed by 19 Geo. III. c. 17. (Post.) be made to c. 33. ralty, &c., tence of death, ex of mutiny. 22 GEO. II. in execution till after the report of the proceedings of the said British stat. Court shall have been made to the lord high admiral, or the commissioners for executing the office of lord high admiral, and his 1749. or their directions shall have been given therein; and if the said before sen- court shall have been held beyond the narrow seas, then such sentence of death shall not be carried into execution but by cept in cases order of the commander of the fleet or squadron wherein sentence was passed; and in cases where sentence of death shall be passed in any squadron, detached from any other fleet or squadron upon a separate service, then such sentence of death (except in cases of mutiny) shall not be put in execution but by order of the commander of the fleet or squadron, from which such detachment shall have been made, or of the lord bigh admiral, or commissioners for executing the office of lord high admiral; and in cases where sentence of death shall be passed in any court-martial held by the senior officer of five or more of his majesty's ships, which shall happen to meet together in foreign parts pursuant to the power herein before given, then such sentence of death (except in cases of mutiny) shall not be carried into execution but by order of the lord high admiral, or commissioners for executing the office of lord high admiral. Judge-advocate to administer oaths to 20. The judge-advocate of any fleet for the time being, or his deputy, shall have full power and authority, and is hereby rewitnesses. quired to administer an oath to any witness at any trial by court-martial; and in the absence of the judge-advocate and his deputy, the court-martial shall have full power and authority to appoint any person to execute the office of judge-advocate. No person not flying unless complaint in writing be made to the admiralty, &c. 23. No person or persons, not flying from justice, shall be from justice tried or punished by any court-martial for any offence to be to be tried committed against this act, unless the complaint of such offence be made in writing to the lord high admiral, or to the commissioners for executing the office of lord high admiral for the time being, or any commander-in-chief of his majesty's squadrons or ships empowered to hold courts-martial, or unless a courtmartial to try such offender shall be ordered by the said lord high admiral, or the said commissioners, or the said commanderin-chief, either within three years after such offence shall be committed, or within one year after the return of the ship, or of the squadron, to which such offender shall belong, into any of the ports of Great Britain and Ireland; or within one year after the return of such offender into Great Britain or Ireland. No person be sen 3. No person convicted of any offence shall, by the sentence convicted to of any court-martial to be held by virtue of this act, be adjudged to be imprisoned for a longer term than the space of two years. tenced to prison beyond two years. 4. Nothing in this act contained shall extend, or be construed |