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U. H. J.
Liber No. 35
April 23
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Men not under the Degree of a Captain, for holding a General Court
Martial within this Province, in which Court Martial all the Offences
committed against the Statutes of Great Britain, now in Force relat-
ing to Martial Law and Discipline, shall be tried and proceeded
against Provided also that no General Court Martial which shall have
Power to sit by Virtue of this Act, shall consist of a less Number
than seven, whereof none to be under the Degree of a Commission
Officer, and the President of such General Court Martial, shall not be
under the Degree of a Captain, and that no Sentence of Death shall
be given against any Offender by such General Court Martial, unless
five of the said seven, or two Thirds of a greater Number than seven
Officers present shall concur therein, nor shall any Sentence of Death
given by such Court Martial be carried into Execution, until the
Minutes of the Proceedings of such Court Martial be laid before the
Governor or Commander in Chief of this Province for the time being,
and his Warrant thereupon obtained for the Execution of such Sen-
tence, instead of the Words five Pounds Current Money, in the
fourth line of the 6.th Page, insert, ten Pounds Current Money, or
three Months close Imprisonm : leave out after the Word raised, in the
19.th Line of the same Page, to the End thereof and insert the follow-
ing, in the Levy of the County whereof he was last a Taxable during
the Time of such Disability on his Application, and producing a
Certificate of his Discharge, and Disability, from the Captain under
whom he served to the Justices of such County Court which aforesaid
Yearly Pension, shall be allowed the said County in the Public Levy,
on the Application of the Justices of such County, instead of the
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p. 156
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Word Cloaths in the third line of the seventh Page put such Cloaths
as the Governor or Commander in Chief of this Province for the time
being shall direct, after the Word applied, in the last Line of the
last page insert the following Clauses : Provided Nevertheless that
if the Exigency of the Service should make it necessary for any
Carriage employed within this Province in his Majesty's Service to
travel more than 15. Miles, in one Day, then and in such Case, the
Owner or Driver of such Carriage shall proceed farther, but for every
Mile that he shall travel that Day with the Carriage, above the 15.
Miles, he might demand, and shall receive the Sum of one Shilling
and four Pence -p. Mile (if a Waggon) and one Shilling -p. Mile if
a Cart, over and above the Sum of 12/6. or 10/ before allowed for a
Day's Service.
And Whereas it might be necessary to make a Provision, for
Intelligence and other Contingencies, which it is impossible particu-
larly to express and specific in this Act. Be it further Enacted by the
Authority aforesaid, that it shall and may be lawful to and for the
Governor or Commander in Chief of this Province for the time
being from time to time during the Continuance of this Act to
draw his Order on the Agents aforesaid for any Sum or Sums of
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