Section II Penalty for Misconduct in Action.
Every Flag Officer, Captain, Commander or Officer commanding subject to this Act who upon Signal of Battle, or on Sight of a Ship of an Enemy which it may be his Duty to engage, shall not,
Use his utmost Exertion to bring his Ship into Action ;
Or shall not during such Action, in his own Person and according to his Rank, encourage his inferior Officers and Men to fight courageously;
Or who shall surrender his Ship to the Enemy when capable of making a successful Defence, or who in Time of Action shall improperly withdraw from the Fight,
shall, if he has acted traitorously, suffer Death ; if he has acted from Cowardice shall suffer Death, or be imprisoned, and be also dismissed with Disgrace from Her Majesty's Service; and if he has acted from Negligence, or through other Default, he shall be dismissed from Her Majesty's Service, with or without Disgrace, or shall suffer such other Punishment as is herein-after mentioned.