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COLLECTIO^

OP THE

PUBLIC GENERAL STATUTES

PASSED IN THE

THIRD AND FOURTH YEAR

OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA.

1840.

LONDON: Printed by George E. Eyre and Andrew SpomswooDE,

PRINTERS TO TBE QUBBM'a MOST EXCELLENT HAJESTY:

And publtdied in Nambtn, Prict Sd, each,

Br Richards & Co., Law Booksellers and Fublisiibes,

194, Fleet Street.

LIBRm OF THE LEIAND STAItFORO JR. UNIVERSITY,

JUL 9 190a

TABLE

OF

The PuBi^ic General. Statutes passed in the Third Session of the Thirteenth Parliament of the United Kingdom of Great Britain and Ireland.

-" \

S & 4 ViCtORIA.

I. AN Act for exhibiting a Bill in this present Parliament '^^ for naturalizing Iw Serene Highness Prince Albert of Saxe Coburg and GiMa* page 3

II. An Act for the Naturalization of His Serene Highness Prince Albert of Saxe Coburg and Gotheu 4

III. An Act for enabling Her Majesty to grant an Annuity to His Serene Highness Prince Albert of Saxe Coburg and GtHka. 4

lY. An Act to apply the Sum of Two Millions to the Service of the Year One thousand eight hundred and for^. 6

V, An Act to repeal so much of an Act passed in the Thirteenth Year of the Keign of His Majesty King George the Second, intituled An Act to restrain and prevent the excessive Increase cf Horse Baces ; and fir amending an Ad made in the hist Session of Parliament, intitule ^ An Act fir the mare effectual preventing of excessive and deceitfid Gaming,* as relates to the Subject of Horse Racing. 6

YL An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. 8

YII. An Act to apply the Sum of Eight Millions out of the Consolidated Fund to the Service of the Year One thousand eight hundred and forty. 56

a 2 VIII. An

iv TABLE OF PUBLIC GENERAL STATUTES,

VIIL An Act for the Regulation of Her Majesty's Royal Marine Forces while on shore. page 58

IX. An Act to give summary Protection to Persons employed in the Publication of Parliamentary Papers. ?)9

X. An Act to authorize the Issue of Exchequer Bills for Public Works and Fisheries and Employment of the Poor. 100

XI. An Act to settle an Annuity on Lord Seatan and the Two next surviving Heirs Male of the Body of the said Lord Seatan to whom the Title of Lord Seaton shall descend, in consideration of his important Services. ' 107

XII. An Act for raising the Sum of Eleven Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and forty. 108

XIIL An Act to amend an Act of the First and Second Years of the Reign of Her present Majesty, to abolish Com{x>8itions for Tithes in Ireland^ and to substitute Rent-charges in lieu thereof. 110

XIV. An Act to continue for One Year, and to the End of the next Session of Parliament, the Acts for the Relief 6T Insolvent Debtors in Ireland. 113

XV. An Act further to explain and . amend the Acts for the Commutation of Tithes in Enghaid and Waks* 114

XVI. An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of

. March One thousand eight hundred and forty-one ; and for the Relief of Clerks to Attornies and Solicitors in certain Cases. 128

XVIL An Act for granting to Her Majesty Duties of Customs, Excise, and Assessed Taxes. 135

XVIII. An Act to discontinue the Excise Survey on Tobacco, and to provide other Regulations in lieu thereof. 141

XIX. An Act for granting to Her Majesty an additional Duty of Customs on Timber. 148

XX. An Act to amend an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled An Act for rendering more effectual Her laie Majesties gracious Intentions for the Augmentation of the Maintenance of the Poor Clergy ; and to render valid certain Agreements which have been made in pursuance of the said Act; and for other Purposes. 152

XXI. An Act to extend to the British Colonies in the West Indies an Act passed in the Fifth and Sixth Year of His late Majesty King William the Fourth, for regulating the Carriage of Passengers in Merchant Vessels. 159

XXn. An

XXIL An. A^ to incase ypon Broad or Spread Glass the rame Duties of Excise that ^re payable upon German Sheet Glass. page 161

XXIII. An Act for granting to fter Majesty, until the Fifth Day of Jufy One thousand eight hundred and forty-one, cenain Duties on Sugar imported into the United Kingdom, &r the Service of the Year One thousand eight hundred and forty. 164

XXIY. An Act to repeal Part of an Act of tlie Forty-third Year of the Reign of Queei Elizabeth^ intituled An Act to avoid triflmg and fmohuM Suits in Law in Her Mtgeihft CmarU in Westminster, and of an Act of the Twenty-second and Twenty-third Year of the Reign of King Charks the Second, intituled An Act for laying Impositions on Proceedings ai Law ; and to make further Provisions in lieu thereof. 167

XXV. An Act to amend the Act for the better ordering of Prisons. 169

XXVI. An Act to remove Doubts as to the Competency of Persons, being rated Inhabtants of any Parish, to give. Evidence in certain Cases. 170

XXVII. An Act to continue to the First Day of August One thousand eight hundred and forty-three, and from thence to the End of the then next Session of Parliament, Two Acts relating to the Removal of poor Persons bom in Scotland and Irdand^ and chargeable to Parishes in England 171

XXVIII. An Act to explt^in and amend an Act of the Second and Third Years of Her present Majesty, for more equally assessing and levying Watch Rates in certain Boroughs* 171

XXIX. An Act to extend the Practice of Vaccination. 173

XXX. An Act for the more equal Assessment of Police Rates in Manchester^ Birmingham^ and BoUon^ and to make better Provision for the PoUce in Birmingham^ for One Year, and to the End of the tlien next Session of Parliament. 175

XXXI. An Act to extend tlie Powers and Provisions of the several Acts relating to the Inclosure of Open and Arable Fields in England and Wales. 178

XXXII. An Act to continue for One Year, and from thence until the End of the then next Session of Parliament, the several Acts relating to the Importation and keeping of Arms and Gunpowder in Ireland* 180

XXXIII. An Act to make certain Provisions and Regulations in respect to the Exercise, within England and Ireland^ of their Office, by the Bishops and Clergy of the Protestant Episcopal Church in Scotland; and also to extend such Provisions and Regulations to the Bishops and CSergy of the Protestant Episccgpid Church in the United Staties of America; and also to make further Regulations in respect to BLshops and Clergy other than those of the United Church of England and Ireland. 1 81

a 3 XXXIV. An

vi TABLE OF PUBLIC GENERAt STATUTES,

XXXIV* An Act for making Provision as ta the Office of Master in Chancery in certain Cases. ' page 184

XXXV. An Act to re-unite the Provinces of Upper and Lower Ccawdoy and for the Government of Canada. 186

XXXVI. An Act for preventing Ships clearing out from a British North Jmerican Port loading any Part of their Cargo of Timber upon Deck. . 207

XXXVII. An Act to consolidate and amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company, and for providing for the Observance of Discipline in the Indian Navy, and to amend the Laws for regulating the Payment of Regimental Debts, and the Distribution of the Effects of Officers and Soldiers dying in Service. 208

XXXVIII. An Act to continue Compositions for Assessed Taxes imtil the Fifth Day of April One thousand eight hundred and forty-two. 234

XXXIX. An Act to authorize Trustees or Commissioners of Turnpike Roads to appoint Meetings for executing their Trusts in certain Cases. 235

XI/. An Act to amend Two Acts of His late Majesty King William tlie Fourth, for the Relief of certain of Her Majesty's Colonies and Plantations in the West Ladies. 236

XLI. An Act to authorize the Commissioners of Her Majesty's Treasury to grant a Lease of the Caledonian Canal for a Term of Years, and to regulate the future Management thereof. 242

XLII. An Act to continue the Poor Law Commission until the Thirty-first Day of December One thousand eight hundred and forty-one. 243

XLIIL An Act for repairing Blenheim Palace. 244

XLIV. An Act to amend an Act of the Seventh Year of King George the Fourth, for consolidating and amending the Laws relating to Prisons in Ireland. 256

XLV. An Act to continue until the First Day of Jvne One thousand eight hundred and forty-two, or if Parliament shall then be sitting until the End of the then Session of Parliament, the Local Turnpike Acts for Great Britain which expire with this or the ensuing Session of Parliament 259

XLVI. An Act to continue for One Year from the passing of this Act, and thenceforth until the End of the then next Session of Parliament, the several Acts for regulating the Turnpike Roads in Ireland. 260

XLVIL An Act to repeal so much of an Act of the Ninth Year of the Reign of Her late Majesty Queen Arme as prevents the Re-election of Mayors of Parliamentary Boroughs and other annual Returning OflScers. 260

4 XLVIIL An

^

3 & 4 VICTORIA. vii

XLVIIL An Act to enable Proprietors of EntaDed Estates

' in ScoOand to feu or lease on long Leases Portions of the

same for the building of Churches and Schools, and for

Dwelling Houses and Gardens for the Ministers and Masters

thereof* page 261

XLIX. An Act to consolidate and amend the Laws for col- lecting, the Duties of Excise on Soap made in Great Britain. 265

L. An Act to provide for keeping the Peace on Canals and Navigable Rivers* 293

LI. An Act to amend and explain the general Turnpike Acts, so &r as relates to the Toll payable on Carriages or Horses laden with Lime for the Improvement of Land* 300

LIL An Act to provide for the Administration of the Govern- ment in case the Crown should descend to any Issue of Her Majesty whilst such Issue shall be under the Age of Eighteen Years, and for the Care and Guardianship of such Issue. 301

LUX. An Act for vacating any Presentment for rebuilding the Gaol of Newgate in Dublin^ and vacating any Contract between the Commissioners for rebuilding the said Gaol and the Contractor. 304

LIV. An Act for making further Provision for the Confine- ment and Maintenance of Insane Prisoners. 306

LV. An Act to enable the Owners of Settled Estates to defray the Expence of draining the same by way of Mortgage. 310

LVI. An Act further to regulate the Trade of Ships built and trading within the Limits of the East India Company's Charter. 313

LVIL An Act to impose Duties of Excise on Sugar manu- &ctured in the United Kingdom. 318

LVIII. An Act to amend the Acts relating to the River Poddk in the Comity and City of Dublin. 319

LIX. An Act for the Amendment of the Law of Evidence in Scotland. 323

LX. An Act to further amend the Church Building Acts. 329

LXI. An Act to amend the Acts relating to the general Sale of Beer and Cider by Retail in England. 338

LXII. An Act to continue until the Thirty-first Day. of De* • eember One thousand eight hundred and forty-one, and to the End of the then next Session of Parliament, and to extend, the Provisions of an Act to provide for the Admi- nistration of Justice in New South Wales and Van DiemerCs Land, and for the more efiectual Government thereof, and for. other Purposes relating thereto. 346

LXIIL An Act to extend the Powers of the Commissioners appointed for the Execution of Two Acts for supporting the several Harbours and Sea Forts in the Jsle of Man. 348

LXIV. An

yiii TABLE OF PUBLIC GENERAL STATUTES^

LXIV. An Act tooontinue^ until Eight Months aft^r theCoiD«» mencement of the next Ses8i<m of Parliament^ an Act for authorizing Her Majesty to carry into immediate Execution, by Orders in CouncO, any Treaties for the Suppreasion of the Slave Trade. page 350

LXV. An Act to improve the Practice and extend the Joris^ diction of the High Court of Admiralty oi England. 351

LXVL An Act to make Provision for the Judge, Registrar, and Marshal of the High Court of Admiralty of Engbrnd. 357

LXVIL An Act for carrying into effect the Treaty between Her Majesty and the Republic of Venezuela^ for the Suppres- sion of the Slave Trade. 363

LXVIII. An Act to enable Her Majes^ in Council to authorize Ships and Vessels belonging to Countries having Treaties of Reciprocity with the United Kingdom to be piloted, in certain Cases, without having a licensed Pilot on board ; and also to regulate the Mode in which Pilot Boats shall be painted and distinguished. 374

LXIX. An Act to continue, for Six Months after the Com- mencement of the next Session of Parliament, an Act of the last Session of Parliament, for carrying into effect a Con- vention between Her Majesty and the King of the French^ relative to the Fisheries on the Coasts of the British Islands and of France. 376

LXX. An Act to defray the Charge of the Pay, Gothing, and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates, and Serjeant Majors of the Militia, until the First Day o{July One thousand eight hundred and forty-one. 376

LXXL An Act to suspend until the End of the next Session of Parliament the making of Lists and the Ballots and Enrol- ments for tlie Militia of the United Kingdom. 397

LXXIL An Act to provide for the Solemnization of Marriages in the Districts in or near which the Parties reside. 398

LXXin. An Act to explain and amend the Acts relating to Friendly Societies. 401

LXXIV. An Act for the better Protection of the Oyster Fish- eries in Scotland. 403

LXXV. An Act to regulate the Repayment of certain Sums advanced by the Governor and Company of the Bank of Ireland for the Public Service. 404

LXXVL An Act to empower the Lord Lieutenant of Ireland to annex certain To wnlands to the County of Itoscojnman. * 410

LXXVIL An Act for improving the Condition and extending the Benefits of Grammar Schools. 413

3 & 4 VICTORIA. ix

LXXVIII. An Act to provide for the Sale of the .Qei^ Reserves in the Province of Canada^ and for the Distribution of the Proceeds thereof. page 421

LXXIX. An Act to amend the Law relating to the Adiaission of Attornies and Solicitors to practise in the Courts of Law and Equity in Ireland. 425

LXXX. An Act to continue until the First Day of March One thousand eight hundred and forty-five^ and from thence to the |£nd of the then next Session of Parliament, the several Acts relating to Insolvent Debtors in Indicu 426

LXXXI. An Act to define the Notices of Elections of Mem- bers to serve in Parliament for Cities, Towns, and Boroughs in England. 427

LXXXII. An Act for further amending the Act for abolishing Arrest on Mesne Process in Civil Actions. 427

LXXXIII. An Act to continue, until the First Day oi January One thousand eight hundred and forty-three, an Act of the last Session of Parliament, for amencUng and extending the Provisions of an Act of the First Year of Her present Ma- jesty, for exempting certain Bills of Exchange and Promis- soryj Notes from the Operation of the Laws relating to Usury. 429

LXXXIV. An Act for better defining the Powers of Justices within the Metropolitan Police District. 430

LXXXV. An Act for the Regulation of Chimney Sweepers and Chimneys. 435

LXXXVI. An Act for better enforcing Church Discipline. 439

LXXXVII. An Act to enable Her Majesty's Commissioners of Woods, Forests, Land Revenues, Works, and Buildings to make additional Thoroughfares in the Metropolis. 447

LXXXYIII. An Act to amend the Act for the Establish- ment of County and District Constables. 512

LXXXIX. An Act to exempt, until the Thirty-first Day of December One thousand eight hundred and forty-one, Inha- > bitants of Parishes, Townships, and Villages from Liability to be rated as such, in respect of Stock in Trade or other Property, to tlie Relief of the Poor. 526

XC. An Act for the Care and Education of Infimts who may be convicted of Felony. 527

XCI. An Act for the more efiectual Prevention of Frauds and Abuses committed by Weavers, Sewers, and other Persons employed in the Linen, Hempen, Union, Cotton, Silk, and Woollen Manufactures in Irelmd, and for the better Payment of their Wages, for One Year, and from thence to the End of the then next Session of Parliament. 529

XCIL An Act for enabling Courts of Justice to admit Non- parochial Registers as Evidence of Births or Baptisms, Deaths or Burials, and Marriages. 542

XCIir. An

TABLE OF PUBLIC GENERAL STATUTES,

XCIIL An Act to amend the Act for the better Regulation of Ecclesiastical Courts in England. page 548

XCIV. An Act for facilitating the Administration of Justice in the Court of Chancery. 550

XCV. An Act to enable Her Majesty to carry into effect certain Stipulations contained in a Treaty of Commerce and Navi- gation between Her Majesty and the Emperor of Austria ; and to empower Her Majesty to declare, by Order in Council, that Ports which are the most natural and convenient Ship- ping Ports of States within whose Dominions they are not situated may in certain Caaes be considered, for all Purposes of Trade with Her Majesty's Dominions, as the National Ports of such States. 553

XCVL An Act for the Regulation of the Duties of Postage. 555

XCVII. An Act for regulating Railways. 588

XCVHL An Act to authorize, for a limited Time, the Appli* cation of a Portion of the Highway Rates to Turnpike Roads in certain Townships and Districts. 594

XCIX.. An Act for taking an Account of the Population of Great BrUaiiL 595

C. An Act for taking an Account of the Population of Ire- land. 605

CI. An Act to amend several Acts relating to the Temporalities of the Church in Ireland. 608

Cn. An Act to amend the Law relating to Court Houses in Ireland. 615

CHL An Act to amend an Act of the last Session for making further Provisions relating to the Police in the Dbtrict of DMin Metropolis. 618

CIV. An Act to transfer to the Commissioners of Her Ma- jesty's Woods and Works, and other Commissioners, the several Powers now vested in the Commissioners for repairing the Line of Road (torn. Slurewdury in the County of Salop to Bangor Ferry in the County of Carnarvon ; and to amend the London and Holyhead Roads Acts so far as relates to the Dunstable Road. 620

CV. An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases ; for extending the Reme- dies of Creditors against the Property of Debtors ; and for the further Amendment of the Law and the better Advance- ment of Justice in Ireland. 629

CVL An Act for raising the Sum of Ten millions seven hun- dred fifty-one thousand five hundred and fifty Pounds by Exchequer Bills, for the Service of the Year One thousand eight hundred and forty. 659

CVIL An Act to continue and amend the Laws for the Relief of Insolvent Debtors in Ireland. 661

CVIIL An

3 & 4 VICTORIA. xi

CVIII. An Act for the Regulation of Municipal Corporations in IrdaniL page 714

CIX. An Act to annex certain Parts of certain Counties of Cities to adjoining Counties ; to make further Provision for Compensation of Officers in Boroughs; to limit the Borough Rate ; and to continue for a limited Time an Act to restrain the Alienation of Corporate Property in IrelcauL 857

ex. An Act to amend the Laws relating to Loan Societies. 868

CXL An Act to continue until the Thirty-first Day of Auffust One thousand eight hundred and forty-two, and to extend, the Provisions of an Act of the First and* Second Years of Her present Majes^, relating to legal Proceedings by certain Joint Stock Banking Companies against their own Members, and by such Members against the Companies. 881

CXIL An Act to apply a Sum out of the Consolidated Fund to the Service of uke Year One thousand eight hundred and forty, and to appropriate the Supplies granted in this Session of Parliament. 882

CXIU. An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues. 907

THE

PUSI4IC GENERAL STATUTES

3 Victoria.

CAR I.

An Act for exhibiting a Bill in this present Parliament for naturalizing His Serene Highness Prince Albert of 8€u^e Coburg and Ootha. [S4th January 1840.]

* YIL^HEREAS it hath pleased Her Majesty most graciously f ^^ to declare Her Intention to ally Herself in Marriage

* with the Prince Albert of Saxe Cdburg and Gotiia : And whereas f a more grateful Proof of the Esteem and Affection of this

* Kingdom pannot be given to His Serene Highness than by ^ an Aet of Naturalisation to make him capable of enjoying f those Rights and Liberties which are enjoyed in this Realm :

< And whereas by an Act made in the Seventh Year of the 7 Jtc. 1. e. 2.

* Reign of King Jamet the First every Person is required to ^ receive the Sacrament of the Lord's Supper within One

* Month before any Bill for Naturaliaation be exhibited, and

< also to take the Oaths of Supremacy and Allegiance in the ^ Parliament House before his or her Bill be twice read : And

* whereas by an Act passed in the First Year of the Reign 1 g.i. 8tst. ^ of King Oearye the First it was enacted, that no Person shall ^ ^

' be naturalized unless in the Bill exhibited for that Purpose a

* proper Clause or particular Words be inserted to declare that ^ saen Person shall not thereby be enabled to be of the Privy ' Council or a Member of either House of Parliament, or to *' take any Offoe or Place of Trust either Civil or Military, ' or to have any Grant of Lands, Tenements, or Hereditaments ^ from the Crown^ to himself or any Person in Trust for him, ' and that no Bill should thenceforth be received in either ^ House of Parliament unless such Clause or Words be first

* inserted or contained therein : And whereas by an Act passed

* in the Sixth Year of the Reign of King George the Fourth, 6G;4. c. 67.

* aflar reciupg the s^id Act of the Seventh of King James the

* First, it W0S enacted, that from and after the passing of the

* Act it should not thenceforth be necessary for any Person ^ who is to be naturalized to receive the Sacrament of the

* Lord's Supper as directed by the said recited Act:' Be it enacted by the Queen's most Excellent Maijesty, by and with the A4vice and Consent of the Lords ^iritual and Temporal, and Commons, in this ptesaal Parliament assembled, and by » {V0. \. Price 2A] A 2 die

4 Cap. 1, 2, 3. Prince Alberts Naturalization and Annuity. 3 Vict.

A Bill fbr the Authority of the same, That a Bill for the Naturalization Naturalhatjo^ of His Serene Highness the Prince Albert of Saxe Coburg and may he exhi- Gotho^ without the Clause or particular Words directed by the bited without said recited Act of the First Year of the Reign of King George tionS^iTthi^ the First to be inserted, and without His taking the Oaths by recited Act of the first-recited Act required, shall and may be exhibited and 1 G. i.»&c. brought into this Parliament, and twice read; the said recited

Acts, or any other Law, Statute, Matter, or Thing whatsoever,

to the contrary notwithstanding.

CAP. IL

An Act for the Naturalization of His Serene Highness Prince Albert of Saxe Coburg and Gothcu

I7th February IS40.2

* Y^HEREAS it hath pleased Her Majesty most graciously

* to declare Her Intention to ally Herself in Marriage

* with the Prince Albert of Saxe Coburg and Gotha: And

* whereas a more grateful Proof of the Esteem and Affection ' of the Kingdom cannot be given to His Serene Highness ^ than by an Act of Naturalization to make Him capable of ' enjoying the Rights and Liberties which are enjoyed in this ^ Realm :* We Your Majesty's most dutiful and loyal Subjects do most huiAbly beseech Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal* and Commons, in this present Parliament assembled^

Prinoe Albert, and by the Authority of the same, That Prince Albert of Saxe yfth!*^''?!**'* Coburg and Gotha^ when and so soon as He shall have taken legiance and ^^ Oaths of Allegiance and Supremacy before the Lord High Supremacy, to Chancellor, which Oaths the Lord High Chancellor is hereby ^ ^t^hfrtl authorized to administer, shall be to all Intents and Purposes Sutdecu whatsoever deemed, taken, and esteemed to be a natural-bom

Subject of this Kingdom, as if His Highness had been born

within this Realm; any Law, Statute, Matter, or Thing to the

contrary notwithstanding. Certifieata IL And be it enacted, That the Lord High Chancellor shall,

thereof to be immediately after such Oaths shall have been taken before him, ^^•^ "* certify the same, and cause such Certificate to be 'recorded in

the High Court of Chancery.

CAP. IIL

An Act for enabling Her Majesty to grant an Annuity to His Serene Hie^hness Prince Albert of Sase Coburg and Gotha. [7th February 1840.]

^ Most Gracious Sovereign,

< Vl/'E, Your Majesty'g most dutiiiil and loyal Subjects, the

< Commons of the United Kingdom of Great Britain and ^ Irdand^ having taken into Consideration that Part of Your

^ Mqes^a

1840. Prince AOerfs Anmdfy. Cap. 3. 5

* Majesty's most gracious Speech from the Throne, in which ' Your Majesty was pleased to announce Your Intention of ' allying Yourself in Marriage with His Serene Highness the

* Prince jllbert of Saze Coburg and Gothoy do most humbly

* and cheerfully beseech Your Majesty tliat it may be enacted ; ' and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,

and by the Authority of the same. That it shaU be lawful for Her Majesty the Queen's most Excellent Majesty, in order to provide for empowered the Establishment of His Serene Highness the Prince AlbeH ^^!^j^l^ of Saxe Coburg and Gothoy upon such Marriage, by any Letters so,ooo/. to Patent under the Great Seal of the United Kingdom, to give ^"** ^" and grant to His said Serene Highness, or to such other ^^ ootha. *"' Person or Persons as Her said Majesty shall think fit to be named . in such Letters Patent, and his and their Heirs, to or to the Use of or in Trust for His said Serene Highness, One Annuity of Thirty thousand Pounds of lawful Money of Great Britain; which Annuity of Thirty thousand Pounds shall commence and take effect from the Day of the Marriage of Her Majesty and His said Serene Highness, and continue from thenceforth for and during the Life of His said Serene High- ness ; and the said Annuity shall be free and clear from all Taxes, Rates, and Assessments, and all other Charges what- soever, and shall be paid and payable at the Four most usual Days of Payment in the Year; diat is to say, the Fifth Day of January y the Fifth Day oi Aprilj the Fifth Day of July y and the Tenth Day of October^ in every Year, by even and equal Portions ; with a proportionable Part of such Annuity from the last Quarter Day to the Day of the Decease of His said Serene Highness ; the first Payment thereof to be made, on the first quarterly Day of Payment next after the saicf Marriage, of such Proportion of such quarterly Payment as shall have accrued between the Day of Marriage and such Quarter Day ; and that the said Annuity of Thirty thousand Pounds shall and may by such Letters Patent be directed to be issuing and payable out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland during the Life of His said Serene Highness, after paying or reserving sufficient to pay all «uch Sums as shall have been directed to be paid out of the same by any Act or Acts of Parliament made previous to the Time of passing this Act, but with a Preference to all other Payments which shall or may at any Time after the passing of this Act be charged upon and payable out of the said Fund.

IL And be it enacted. That His said Serene Highness shall Prince Albert not, by virtue of such Marriage, acquire or become entitled to .^y Estate^or* any Estate or Interest in any Property, Real or Personal, to interest in any which Her Majesty may be or may become entitled to in Property to any Right or Manner whatsoever ; but that all such Property J^^^^y U shall be held and enjoyed by Her said Majesty, Her Heirs and cnutied. Suooessorsy as if such Marriage had never taken place.

A 3

I

• Cap. 4. 5, Ttansfer of Aids. 3 Victi

CAP. IV.

An Act to apply the Sum of Two Millions to the Service of the Year One thousand eight hundred and forty. [24th Pebruary 1840.]

^ Most Gracious Sovereign^ < ^\/^Ej Your Majesty's most dutiful and loyal Subjects, the

* ^ ^ Commons of the United Kingdom of Oteat Britain and ^ Irelgnd^ in Parliament assembled, towards making good the

* Supply which we have cheerfully granted lo Your Majesty ' in this Session of Parliament, have resolved to grdnt unto

* Your Majesty the Sutfi herein-after mentioned;^ and dothei^e* fore most humbly beseech Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled^

There shall be and by the Authority of the same. That there shall and Inay Srv'ce'ofthe* ^® issued and applied, for or towards making good the Siipply Year 1840, granted to Her Majesty for the Service of the Year One thou- the Sum of sand eight hundred and forty, the Sum of Two Millions, a Part 2,000,000/. now ^f ^j^g gy^ ^q^- remaining in the Exchequer of the Uilited

irSe^uer. Kingdom of Great Britain and Ireland, or remaining to be raised

on the Twenty-seventh Day of January One thousand eight hundred and forty, to complete the Aids granted by iParliament for the Service of the Year One thousand eight hundred ahd thirty-nine and of antecedent Years ; and the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland now or for the Time being, or any Three or more of them, or the Lord High Treasurer of the United Kingdom of Great Britain and Ireland for the Time being, are or is hereby authorized and empowered to issue and apply the same accordingly.

CAP. V.

An Act to repeal so much of an Act passed in the Thirteenth Year of the Reign of His M^esty King George the Second, intituled An Act to restrain and prevent the excessive Increase qf Horse Races ; and for amending an Act made in the last Session of Parliamenty intituled * An Actjor the more efe&tual * preventing of excessive and deceitful Gaming,* as relates to the Subject of Horse Racing.

^^^(^^^ac^r^^y /^ [23d ifarcA 1840.]

« \1 7 HERE AS an Act was passed in the Thirteenth Year ' * ^ of the Reign of His Majesty King George the Second, #0. 2. c. 19. * intituled An Act to restrain and prevefd the exetssive Increase ^f y?^/ ^.-rtivy ^«i/!^ Horse Races; and for amending an Act made in tiie last Sessi&n J^^r^/ /^y/A * of Parliament, intituled * An Act fertile nwre effktual prevenHf^ ,

^

1840. Hone Bacififf Att h pari BqpeaL C^6« 7

*' ifetttsiive and diceit^ Giknkt^i' Altd whereas Doubts hive ' ariseli as to the Mtitoing of cettaiti Clauses in the said Act * relating to the Subject of Horse Racing: And whel*ettS

< several Persons, not intending to offend against the Pro-

< visions of the said Act, hav^ b^en subjected to vexatious

< proceedings at l4,w, and it is etpedi^nt to repeal so much <^ of die said Act Us relates to the Sutgect of tlorse Racing :^ Be it enacted by the Queen^s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons^ in this present PatliftiAetit asfeembled,

and by the Authority of th^ same^ That so mu<ib of. the said So much of Act Inade and nassed in the Thirteenth Year of the Reign of J^Jl^to nlSJse His said late Mi^esty King Oemye the Second as relates to n»dng re- ^"^ the Subjeet df Horse Racing be and the same it hereby pealed. repealed.

IL And be it enacted, That imniediately after the passing of Penons sued this Aet it shall be lawful fbr any Person against whom «uiy ^J^l*^ original Writ, Writ of Summons, Suit, Action, Bill, Plaint, or Act may apply In&rmation shall hAVe been sued out, commenced, 6r proeec«ted •• the Onut on or before the Day of the passing of this A^t, for the Reco- sdThl^"^ vefy of any Forfeiture ot petunlAry Penalty incurred under the for au Order to taid Act made and passed in the Thirteenth Year of Hb sfttid diacontinue it ; 1^ Majesty King^«j^ Ae S^d, to apply to Ae Courtiji S^^^rSTy much such original Writ, Wnt of Summons, Smt) Action, BiU) make such Plaint, or Information shall have been sued oat, commenced^ Ord«r- Of prosecuted, if sudi Court shall be sitting, of if iuch Court shidl not be sitting to any Judge of feith^r of the Superiof Courts at We9hHin$iery for &n Oraer that sueh original Writ^ Wfit of Summonsi Suit, Action, Bill, Plaint^ or uiformatfon shall be discontinued) upon Payment of the Colts ther^f out of Pocket incurred to the Time of such Application being made, such Costs to be taxed according to the Praeticd of such Court i and every such Court or Judge, tis the Case may be, is hereby authorised and required, upon sueh Application^ and Ptbof that sufflcient Notice has been giren to the PlaintiiF or lnf(n>m4r, or to his Attorney^ of the Applicatioli, to mftke sueh Order ad aibresaidi mA upon the making such Order^ and Psym(tot or Tendei* of such Costs as afbresaid, such Writ, Suit, Action^ Bill, Pkin^ ot Information shall be forthwith discon* tinned t ^otided always, that in nil Cftses in which any sueh Aa to Actions Writi Suit, Action, Bill, Plaint, or Information shall have been ^STr^^roh sued out or commenced subsequently to the First Day of Mardi ^g^. One thousand eight hundred and forty, it shall be lawful fbr loch Court or Judge ius aforesaid to make such Order for diiCotitinuilig the sume, without Payment of any Costs i ftnd in eteiy Mdh Ca^ on the making of such Order, sueh Writ, Suit, Aiiliotl, Bill, Plaint, ot Information shall be forthwith diseon-^ tinned t Provided always, that nothing herein eontainnd fthall be Not to cmUc denied or taketl to ennble any Person to reeorer back any ^•~'"'|*®. Mone^ pAid before the passing of this Act, in pursuance of ][|^^ ^^^ any jfudgment duly bbtained under the Provisions of the said Ittit^reeited Act.

A 4 III. And

8

Act may be amended, drew

CSap, 5, 6.

Mutiny.

3 Vict.

Number of the Foreci.

III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

CAP. VL

An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters*

[3d April 184^0.]

Y^HEREAS the raising or keeping a standing Army within ^ ihe United Kingdom of Great Britain and Ireland^ in Time of Peace, unless it be with the Consent of Parliament^ is against Law: And whereas it is adjudged necessary by Her Majesty, and this present Parliament, that a Body of Forces should be continued, for the Safety of the United Kingdom, the Defence of the Possessions of Her Majesty's Crown, and the Preservation of the Balance of Power in Europe, and that the whole Number of such Forces should consist of Ninety-three thousand four hundred and seventy* one Men, exclusive of the Officers and Men belonging to the Regiments employed in the Territorial Possessions of the Eatt India Company, but including the Officers and Men of the Troops and Companies recruiting for those Regiments: And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm, by Martial Law, or in any other Manner than by Judgment of his Peers and according to the known. and established Laws of this Realm ; yet nevertheless, it being requisite, for the retaining all the before-mentioned Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny or stir up Sedition, or shall desert Her Majesty's Service, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow ;' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Par* Crimetpunuh- liament assembled, and by the Authority of the same. That able by Dwth. j£ ^^y p^rg^n who is or shall be commissioned or in Pay as an

Officer, or who is or -shall be listed or in Pay as a Non-com- missioned Officer or Soldier, shall, at any Time during the Continuance of this Act, besin, excite, cause, or join in any Mutiny or Sedition in Her Majesty's Land or Marine Forces, or shall not use bis utmost Endeavours to suppress the sami^ or coming to the Knowledge of any Mutiny or intended Mutiny ahal Inot, without Delay, give Information thereof to his Com* manding Officer; or shall misbehave himself before the Enemy ; or shall shamefully abandon or deliver up any Garrison, For- tress, Post, or Guard committed to his Charge, or which he shall be commanded to defend; or shall compel the Governor or Commanding Officer of any Garrison, Fortress, or Post to deliver up to the Enemy or to abandon the same; or shall speak Words or use any other Means to induce such Governor

or

1

1840. Mutiny. Cap. 6. 9

or Commanding OflBcer, or others^ to misbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post, or Guard committed to their respective Charge, or which he or they shall be commanded to defend ; or shall leave his Post before relieved, or shall be found sleeping on his Post; or shall hold Correspondence with or give Advice or Intelligence to any Rebel or Enemy of Her Mfgesty, either by Letters, Messages, Signs, or Tokens, in any Manner or Way whatsoever; or shall treat or enter into any Terms with such Rebel or Enemy without Her Majesty's Licence, or Licence of the General or Chief Commander ; or shall strike or shall use or offer any Violence against his Superior Officer, being in the Execution of his Office, or shall disobey any lawful Command of his Superior Officer; or sbfetU desert Her Majesty's Service; all and every. Person and Persons so offending in any of the Matters^before mentioned, whether such Ofience shall be com* mitted within this Realm, or in any other of Her Majesty's Dominions, or in Foreign Parts, upon I^and or upon the Sea, shall suiFer Death or such • other Punishment as by a Court- martial shall be awarded..

IL And be it enacted. That nothing in this Act contained The ordiuuy *hall be construed to exempt any Officer or Soldier from being ^^^-^^ proceeded against by the ordinary Course of Law; and any feredwitb. Commanding Officer who shall neglect or refuse, when Appli- cation is made to him for that Purpose, to deliver over to the Civil Magistrate any Officer or Soldier accused of any Capital Crime, or of any Violence or Offence against the Person, Estate^ or Properly of any of Her Majesty's Subjects, which is punishable by the known Laws of the Land, or shall wilfully neglect or refuse to assist the Officers of Justice in apprehending such Offender, shall, upon Conviction thereof in any Prosecu- tion in any of Her Majesty's Courts at WeUminsUTi Dublin^ or Edinburgh^ be deemed to be ipso facto cashiered, and shall be utterly disabled to have or hold any Civil or Military Office or Employment within the United Kingdom of Great Britain and Ireiaadj or in Her Majesty's Service^ and a Certificate thereof shall be transmitted to the Judge Advocate in London; provided that no Person, being acquitted or convicted of any Capital Crime, Violence, or Offence by the Civil Magistrate, or by the Verdict-of a Jury, shall be liable to be punished by a Ck>urt*martial for the same otherwise than by cashiering.

HI. And be it enacted. That no Person whatever enlisted Soidien not to into Her Majesty's Service as a Soldier shall be liable to be ^ **^f" ^^ arrested or taken therefrom, by reason of the Warrant of any vioefop Debu Justice or other Process, for not supporting, or for leaving under so2. chargeable on any Parish, Township, or Union, any Wife or any Child or Children, or (except in the Case of an Appren- tice) on account of any Breach of Contract or Engagement to serve or work for any Employer ; and no Person enlisted as 9l Soldier, or serving as a Non-commissioned Officer or Drummer on the permanent Staff of the disembodied Militia, shall be liajble ta be taken out of Her Majesty's Service by any Pro- cess

10

Cap. 6.

MtOtny.

8 Vict.

The Queen may make Articles of War in con- formity with this Act.

Constitution of Courts- martiaL

cess or Execution whatsoever, other than for some Orimihal Matter, unless an AlBda\rit shall be made by the PlaintliF or some one on his Behalf, for which no Fee shall be taken, before some Judge of the Court out of which such Process or Execution shall issue, 6t before some Person authotized to take ' Affidavits in such Courts, of which Affidavit a Memoraiiduili shall, without Fee, be indorsed upon tlie Back of such Pro- cess, that the original Debt for which the Action has been brought or Execution sued out amounts to the Value of Thirty Pounds at least, over and above all Costs of Suit in the Action or Actions on which the same shall be grounded; and any Judge of such Court may examine into any Complaints made by a Soldier, or by his Superior Officer, and by Warrant under his Hand discharge such Soldier witliout Fee» he being shown to be duly enlisted, and to have been arrested contrary to the Intent of this Aet, and shall award reasonable Costs to such Complainant, who shall have for the Recovery thereof the like Remedy as would have beeti applicable to tlie Recovety of any Costs which might have been awarded against the Complain* ant in any Judgment or Execution as aforesaid ; provided that tmy Plaintiff, upon Notice of the Cause of Action first given hi Writing to any Soldier, or left at his last Quarters of Place of Residence before such Listing, may file a Common Appeanince in any Action to be brought for or upon account of^ any Debt whatsoever, and proceed therein to Judgment and Outlawry, and have Execution other than against the Body.

IV. And be it enacted. That it shall be lawful for Her Majesty to make Articles of War for the better Government of Her Majesty's Forces, which Articles shall be judicially taken notice of by all Judges and in all Courts whatsoever; ^nd Copies of the sanie, printed by the Queen's Printer, shall, ks soon as conveniently may be after the same shall have been made and established by Her Majesty, be transmitted by Her Majest/s Secretary at War, signed with his own Hand and Name, to the Judges of Her Majesty's Superior Courts at We8t*> trtintiery DuMttij and Edinburgh respectively, and also to the Governors of Her Majesty's Dominions abroad ; provided that no Person within the United Kingdom of Great Britain and Ireland^ or the British Isles, shall by such Articles of War be subject to be transported as a Felon, or to suffer any Punish- ment extending to Life or Limb, except for Crimes which are by this Act expressly made liable to such Transportation or to such Punishment as afoi'esaid, or shall be subject, with refers- ence to any Crimes made punishable by this Act, to be punished in any Manner which shall not accord with the Provisiotis (rf* this Act

V. And be it enacted, That Her Mi^jesty may from Time to Time grant a Commission, undef the Royal Sign Manual, for the holding of General Courts-martial within the United Kin^ dom of Great Britain and Ireland^ in like Manner as has been heretofore used ; and that for bringing Ofihiders agdinst the

Articles

1840. JftHii^. Cap. 6. ll

Articles of Vfkt to Justice it shall be lawAil for Her Miuesty to erect and constitute Court»-martial within the United Kitigdonl of Chmi BribiiH and Irebndi as well as to grant Her noyhX Commissions or Warrants to the Chief Governor or Gov^rnofs of Ir^andj ^e Cotnmattder of the Forces, or the t^efsoh or Per- sotis commanding iii chief or commanding; for the Time being any Body of Her Majesty's Forces, as well within the United Kingdom of Oreat Britain ahd Iirdandy and the BritiA Isles, as In any of Her Majesty's GaU-isons and Dominions or elsewhere beyond the Seas, for contening as well as for authorising any CMBcer under their respective Command, not below the Degrte of a Field Officei", to convene, Courts-martial, as Occasion may require, for the Trial of Oflences committed by any of the Forbes under their several Command, whethet the same shall have been committed before or after such Officer shall hkve taken upon himself su(ih Command i and any Person subject to this Aci who shall In any Of Her Majesty's Dominions or elke^ where commit any of the Oifonces fof which he may be liable to be tried bv CoUrts-martial by virtue of this Act, may be tried and punished for the same in any Part of Her Majesty's Do* mihions where he may have come after the Commission of the Ofience, ^ if the Offence had been committed where sUch Trial shall take place.

VI. And t>e It enacted, That a Gfeneral Court-martial cbn"- Compontioii vened in atay Part of the Queen's Dominions, {Bemitubi, the jf Gcneni Bakatnasy Saini Hekna, Afiita, and the AtutraHan Colonies ex^ Courts-martui. cepted,) or in the Settlements of the Eagt India Company,

shall consist of not less thatl Thirteen Commissioned Officers ; if convened in Bermuda or the Bahamas^ or oUt of the Queen's DominiOtis, excepting Saint Heknai AfHta^ and the Audralian Colonies, shall consist of not less than Seven, and in Saint Bdnna^ AfHca, and the AudmHan Colonies, of not less than Five Commissioned Officer's ; and no Judgment of Death shall pass without the Concurrence of Two Thirds at the least of the Officers present ; and the President shall in no Case be tim Officer commanding in chief or Govemoi' of the Gai'risoti where die Offender shall be ti^i^ nor under the Degree of a Field Officer unless Where a Field Officer cannot b^ had) Uor ih any Case whatsoever under the Degree of a Captain.

VII. And be it ehacted. That a General Court-tuartial may Powers of sentence any Soldier to Imprisonment, with or without hard GenewlCourta. Labour, in any public Prison, or other Place which the Court ™*^'"*-

or the Otecer commanding the Regiment or Corps to which the Offi?nder belongs or is attached shall appoint, and may also direct that such Offender shall be kept in solitary Confinement for any Pordon or Portions of such Imprisonment, not exceeding One Month at a Time, or Hiree Months at diflerent Tlknes with Intervals of hot less thaU One Month between such Titnes fat One Year, or of such Imprisoument With hard Labour, oi" may sentence fthy Soldier to Corporal Punishment, not extend- ing tO'Life or Limb, fof Immorality, Misbehaviouf , and Neglect of Duty ; and a General CoulTt-niartial may, in addition to ttny

such

19 Cap. 6. Mutiny. 3 Vict.

such Punishment as aforesaid, sentence any Offender to Foifei* ture of all Advantage as to additional Pay, and Pension on Discharge; and whensoever any General Court-martial by which any Soldier shall have been tried and convicted of any Offence punishable with Death shall not think the Offence deserving of Capital Punishment, such Court-martial may^ instead of awarding a Corporal Punishment or Imprisonment, adjudge the Offender, according to the Degree of the 0£Rence^ to be transported as a Felon for Life or for a certain Term of Years, or may sentence him to general Service as a Soldier in any Corps and in any Country or Place which Her Majesty shall thereupon direct, or may, if such Offender shall have enlisted for a limited Term of Years, sentence him to serve for Life as a Soldier in any Corps which Her Majesty shall please to direct ; and the Court may, in addition to any other Punish- ment, sentence such Offender to forfeit all Advantage as to Increase of Pay, or as to Pension on Discharge, which might otherwise have accrued to such Offender ; provided that in all Cases where a Capital Punishment shall have been awarded by a General Court-martial it shall be lawful for Her Majesty, or, if in the East Indies^ for the Officer commanding in chief the Forces at the Presidency to which the Offender shall belong instead of causing such Sentence to be carried into execution, to order the Offender to be transported as a Felon, either for Life or for a certain Term of Years, as shall seem meet to Her Majesty, or, if in the East Indies^ to the Officer conunanding as aforesaid. Trial by Ge- VIII. And be it enacted. That every Paymaster or other Dcr^Court- Commissioned Officer of Her Majesty's Forces, or any Person Embenlemeiit. employed in the Ordnance or Commissariat Department, or in

any Manner in the Care or Distribution of any Money, Provi- sions, Forage, or Stores, who shall embezzle or fraudulently misapply, or be concerned in or connive at the Embezzlement, fraudulent Misapplication, or Damage^ of any Money, Provi- sions, Forage, Arms, Clothing, Ammunition, or other Military Stores belonging to Her Majesty's Forces or for Her Use, may be tried for the same by a General Court-martial, which may adjudge any such Offender to be transported as a Felon for Life or for any certain Term of Years, or to suffer such Punishment of Fine, Imprisonment, Dismissal from *Her Majesty's Service, and Incapacity of serving Her Majesty in any Office, Civil or Military, as such Court £all think fit, according to the Nature and Degree of the Offence ; and every such Offender shall, in addition to any other Punishment, make good at his own Ex- pence the Loss and Damage sustained, which shall have been ascertained ,by such Court-martial ; and the Loss and Damage so ascertained as aforesaid shall be a Debt to Her Majesty, and may be recovered in any of Her Majesty's Courts at Westmimter or in Dublin^ or the Court of Exchequer in Scotland, or in any Court in Her Majesty's Colonies where a Person sentenced by such Court-martial shall be resident, after the said Judgment shall be confirmed and made known.

IX. And

1840. Mutiny. Ca.p.6. 13

IX. And be it enactedL That a District or Garrison Court- 5?^^ ^ martial shall consist of not less than Seven Commissioned Officers^ G«rru(m except in Bermuda, the Bahamas^ Saint Helena^ Africa, and the Ccmrts-iiwrtial. Auitralittn Colonies, where it may consist of not less than Five Commissioned Officers, and may sentence any Soldier to any Imprisonment, with or without hard Labour, in any public Prison or other Place which such Court, or the Officer com- manding die Regiment or Corps to which the Offender belongs or is attached, shall appoint, and may also direct that such Of" fender shall be kept in solitary Confinement for any Portion or Portions of such Imprisonment, not exceeding Oive Month at a Time, or Three Months at (Afferent Times with Intervals of not less than One Month between such Times in One Year, or of such Imprisonment with hard Labour, or may sentence any Soldier to Corporal Punishment, not extending to Life or Lipib, for Immorality, Misbehaviour, or Neglect of Duty; and such Court may, in addition to either of the said Punishments, sen- tence a Soldier to Forfeiture of all Advantage as to additional Pay, and to Pension on Discharge, for disgraceful Conduct, In wilfully maiming or injuring himself^ or any other Soldier, at the Instance of such Soldier, with Intent to render him- self or such Soldier unfit for Service : In tampering with his Eyes :

In malingering, feigning Disease, absenting himself firom Hos- pital whilst under Medical Care, or other gross Violation of the Rules of any Hospital, thereby wilfully producing or aggravating Disease or Infirmity, or wilfully delaying his Cure: In purloining or selling Government Stores : In stealing any Money or Goods, the Proper^ of a Com- rade, of a Military Officer, or of any Military or Regimental Mess: In producing false or fraudulent Accounts or Returns : In embezzling or fraudulently misapplying PubUc Money

entrusted to him : Or in committing any Petty Offence of a felonious or fraudu- lent Nature, to the Injury of or with Intent to injure any Person, Civil or Military : Or for any other disgraceful Conduct, being of a cruel, in- decent, or unnatural Kind : And such Offender may be further put under Stoppages, not exceeding Two Thirds of his daily Pay, until the Amount be made good of any Loss or Damage arising out of his Miscon- duct ; and if any Soldier shall be convicted of any such dis- graceful Conduct, and shall be sentenced to Forfeiture of his Claim to Pension, the Court may further recommend him to be discharged with Ignominy from Her Majesty's Service; and any su<Si Court sh^ deprive a Soldier, if convicted of a Charge of habitual Drunkenness, of his Liquor when issued in Kind, or of his Allowance in lieu of Beer or Liquor, or of such Pro- portion thereof, or of such Portion of his additional or regular Pay, for such PeHod, not exceeding Two YeaiSj as may accord

with

• Cap. 4. 6, Ttansfer of Aids. 3 Vict*

CAP. IV.

An Act to apply the Sum of Two Millions to the Service of the Year One thousand eight hundred and forty. t24th February 1840.]

^ Most Gracious Sovereign,

< ^\/^£» Your Majesty's most dutifiil and loyal Subjeets, the

< ^ ^ Commons of the United Kingdom of Oreai Britain atid ^ Ireland, in Parliament assembled, towards making good the

* Supply which we have cheerfully granted to Your Majesty ' in this Session of Parliament, have resolved to grant unto

* Your Majesty the Sutfi herein-after mentioned;* and do there* fore most humbly beseech Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,

There shall be and by the Authority of the same, That there shall and Inay applied, for^he j^ iggued and applied, for or towards making good the Supply Year 1840, granted to Her Majesty for the Service of the Year One thou- the Sum of sand eight hundred and forty, the Sum of Two Millions, a Part 2,000,000/. now ^f ^jje Sum now remaining in the Exchequer of the United the Exchequer. Kingdom of Great Britain and Ireland, or remaining to be raised

on the Twenty-seventh Day of January One thousand eight hundred and forty, to complete the Aids granted by Parliament for the Service of the Year One thousand eight hundried ahd thirty-nine and of antecedent Years; and the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland now or for the Time being, or any Three or more of them, or the Lord High Treasurer of the United Kingdom of Crreat Britain and Ireland for the Time being, are or is hereby authorized and empowered to issue and apply the same accordingly.

CAP. V.

An Act to repeal so much of an Act passed in the Thirteenth Year of the Reign of His Majesty King George the Second, intituled An Act to restrain and prevent the excessive Increase qf Horse Races / and for amending an Act made in the last Session of' Parliament^ intituled * An Act for the mare effectual • preventing of excessive and deceitful Oamtng,* as relates to the Subject of Horse Racing.

^^^^^a^r^i^y /^ [23d ifarc/t 1840.]

« V^;^ HERE AS an Act was passed in the Thirteenth Year

« ^ ^ of the Reign of His Majesty King George the Second,

^0. 2. c. 19. * intituled An Act to restrain and prevent the extessive Increase ^f

J?u*/ V^.*r*ivy *s:/^ Horse Races ; and for amending an Act made in tlie last Sessi&n

aJ^-^ Ai^ytf// * of Parliament^ intituled * An Act fir Hie mere effectual preffenHng

1640. Hone Racing Att h part BepeaL C^6« 7

*' afetees*he and d^ceii/'id GtMt^ ;' And whereas Doubts hdive

< alriseli as to the Meiuiiiig of eettaiti Clauses in the said Act

* relating to the Subject of Horse Racing: And whel*ettS

* sereral Persons, not int^iding to offend against the Pro-

< visions of the said Act, have b^en subjected to vexatious

* Proceedings at La.w, and it is expedient . to repeal so much <^ of the said Act Us relates to the Sutgect of Horse Racing :* Be it enacted hy the Queen^s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Common8» in this present ParliloAetit astoembled,

and by the Authority of the same^ That so mtuib of. the said So much of Act tnade and passed in the Thirteenth Year of the Reigil of J^^J^^h^ His said late M^jesty King OeorpB the Second as relates to lul^i^g re- ^"^ the Subject df Horse Racing be and^ the same is hereby pealed. repealed.

IL And be it enacted, That imniediately after the passing of Persons sued this Aet it shall be lawful fbr any Person aglunst wbon «uiy ^^^||^ origitud Writ, Writ of Summotis, Suit, Action, Bill, Plaint, or ^t ml^Lppiy Information shall hAve been sued out, commenced, 6r prosecuted •• the Onut Oft or before the Day of the passing of this A^t, for the Reco- ^^^^^^ very of any Forfeiture ot peCunlAnr Penalty incurred under the for an Order to said Act made and passed in the Thirteenth Year of Hb said discontinue it; late Majesty King Gtofye the Second^ to apply to the Court in "^Je ^'rtSi" which such original Writ, Writ of Summons, Suit) Action, Bill) make such Plaint, or Information shall have been sued oat, comm^nced^ Order. Of proiecUted, if such Court shall be sitting, of if such Ck>urt shfedl not be sitting to any Judge of feith^r of the Superior Courts at We^imifuierj for an Oraer that such original Writ^ Writ of Summons, Suit, Action, Bill, Plaint^ or Jbformatbn shall be discontinued) upon Payment of the Costs thereof out of Pocket incurred to the Time of such Application being made, such Costs to be taxed according to die Practice of siich Court i and every such Court or Judge, as the Case may be, is hereby authorised and required, upon such Application^ and Proof that sufficient Nodce has been giren to the PlaintiiF or Informer, or to his Attorney^ of the Applicatioli, to mftke sueh Order as aforesaid: mA upon the making such Order, and Payment or Tender of such Costs as aforesaid, such Writ, Suit, AetioU) Bill, Pldin^ or Information shall be forthwith discOn* tinued t Provided always, that in all Cttses in which any such As to AeUons Writi Siiit, Action, Bill, Plaint, or Information shall have been ^'^™°''^^ sued out or commenced subsequently to the First Day of Mardi ^g^, ^ One thousand eight hundred and forty, it shall be lawful for such Court or Judge ius aforesaid to make such Order for diseohtinuiiig the sume, without Payment of any Costs i and in etery Mdh Cftto, on the making of such Order, sueh Writ, Suit, A<^tion, BiU, PlaiAt, or Information shall be forthwith disson^ dnued t Provided always, that nothing herein eontainnd fthall b^ Not to cmUc darned or taken to ennble any Person to recover bttck any ^^^^V^ Money paid before the passing of this Act, in pursuMee of ^|^^ ij^ any Judgment duly obtained und^r the Provisions of the scud hni^reeited Aet«

A 4 IIL And

8

Act may be aoBMided, &&

CSap. 5, 6.

Mutiny*

3 Vict.

Numbtroftb» Foron.

III. And be it enacted. That this Act may be amended or repealed by any Act to be passed in tlie present Session of Parliament.

CAP. VL

An Act for punishing^ Mutiny and Desertion, and for the better Payment of the Army and their Quarters.

[3d April 184^0.]

Yl/'HEREAS the raising or keeping a standing Army within ^ ihe United Kingdom of Great Britain and Ireland^ in Time of Peace, unless it be with the Consent of Parliament^ 28 against Law: And whereas it is adjudged necessary by Her Majesty, and this present Parliament, that a Body of Forces should be continued, for the Safely of the United Kingdom, the Defence of the Possessions of Her Majesty's Crown, and the Preservation of the Balance of Power in Europe^ and that the whole Number of such Forces should consist of Ninety-three thousand four hundred and seventy* one Men, exclusive of the OflBcers and Men belonging to the Regiments employed in the Territorial Possessions of the Eatt India Company, but including the Officers and Men of the Troops and Companies recruiting for those Regiments: And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm, by Martial Law, or in any other Manner than by Judgment of his Peers and according to the known and established Laws of this Realm ; yet nevertheless, it being requisite, for the retaining all the before-mentioned Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny or stir up Sedition, or shall desert Her Majesty's Service, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow ;' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Par* Crimet punuh- liament assembled, and by the Authority of the same, That able by Death. j£ ^jjy Pei-gon who is or shall be commissioned or in Pay as an

Officer, or who is or -shall be listed or in Pay as a Non-com- missioned Officer or Soldier, shall, at any Time during the Continuance of this Act, begin, excite, cause, or join in any Mutiny or Sedition in Her Majesty's Land or Marine Forces^ or shall not use his utmost Endeavours to suppress the same^ or coming to the Knowledge of any Mutiny or intended Mutiny ahal Inot, without Delay, give Information thereof to his Com-* jmanding Officer; or shall misbehave himself before the Enemy; or shall shamefully abandon or deliver up any Garrison, For- tress, Post, or Guard committed to his Charge, or which he shall be commanded to defend; or shall compel the Governor or Commanding Officer of any Garrison, Fortress, or Post to deliver up to the Enemy or to abandon the same ; or shall speak Words or use any other Means to induce such Governor

or

1640. Mutiny. Cap. 6. 9

or Commanding Officer, or others, to misbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post, or Guard committed to their respective Charge, or which be or they shall be commanded to defend ; or shall leave bis Post before relieved, or shall be found sleeping on his Post; or shall hold Correspondence with or give Advice or Intelligence to any Rebel or Enemy of Her Majesty, either by Letters, Messages, Signs, or Tokens, in any Manner or Way whatsoever ; or shall treat or enter into any Terms with such Rebel or Enemy without Her Majesty's Licence, or Licence of the General or Chief Commander ; or shall strike or shall use or offer any Violence against his Superior Officer, being in the Execution of his Office, or shall disobey any lawful Command of his Superior Officer; or sHltU desert Her Majesty's Service; all and every. Person and Persons so offending in any of the Matters^before mentioned, whether such Offence shall be com* mitted within this Realm, or in any otlier of Her Majesty's Dominions, or in Foreign Parts, upon I^nd or upon the Sea, shall suffer Death or such • other Punishment as by a Court- martial shall be awarded..

IL And be it enacted. That nothing in this Act contained The ordinary shall be construed to exempt any Officer or Soldier from being ^"f!V!^-^ proceeded against by the ordinary Course of Law; and any fend with. Commanding Officer who shall neglect or refuse^ when Appli* cation is made to him for that Purpose, to deliver over to the Civil Magistrate any Officer or Soldier accused of any Capital Crime, or of any Violence or Offence against the Person, Estate^ or Property of any of Her Majesty's Subjects, which is punishable by the known Laws of the Land, or shall wilfully neglect or refuse to assist the Officers of Justice in apprehending such Of&nder, shall, upon Conviction thereof in any Prosecu- tion in any of Her Majesty's Courts at Westminster^ Dublin^ or Edinburgh^ be deemed to be ipso facto cashiered, and shall be utterly disabled to have or hold any Civil or Military Office or Employment within the United Kingdom of Great Britain and Ireland^ or in Her Majesty's Service, and a Certificate thereof shall be transmitted to the Judge Advocate in London; provided that no Person, being acquitted or convicted of any Capital Crime, Violence, or Offence by the Civil Magistrate, or by the Verdict-^f a Jury, shall be liable to be punished by a Court-martial for the same otherwise than by cashiering.

III. And be it enacted. That no Person whatever enlisted Soldiers not to into Her Majesty's Service as a Soldier shall be liable to be ^*^!" ^^ arrested or taken therefrom, by reason of the Warrant of any vicTfor Debto Justice or other Process, for not supporting, or for leaving under 90^ chargeable on any Parish, Township, or Union, any Wife or any Child or Children, or (except in the Case of an Appren- tke) on account of any Breach of Contract or Engagement to serve or work for any Employer ; and no Person enlisted as a Soldier, or serving as a Non-commissioned Officer or Drummer on the permanent Staff of the disembodied Militia, shall be liable ta be taken out of Her Majesty's Service by any Pro*

cess

10

Cap. 6.

Mutiny,

8 ViOT.

The Queen may make Articles of War in con- formity with this Act.

Constitution of Courts- martial.

cess or Execution whatsoeverj oth^r than for some Oimihal Matter, unless an Affidavit shall be made by the Plaintiff or some one on his Behalf, for which no Fee shall be taken, before some Judge of the Court out of y^idch such Process or Execution shall issue, 6t before some Person authorized to take ' Affidavits in such Coui'ts, of which Affidavit a Membrahduifi shallj without Fee, be indorsed upon tlie Back of such Pro- cess, that the original Debt for which the Action has been brought or Execution sued out amounts to the Value of Thirty Pounds at least, over and above all Costs of Suit in the Action or Actions on which the same shall be grounded; and any Judge of such Court may examine into any Complaints made by a Soldier, or by his Superior Officer, and by Warrant under his Hand discharge such Soldier without Fee^ he being sliown to be duly enlisted, and to have been arrested contrary to the Intent of this A(;t, and shall award reasonable Costs to such Complainant, who shall have for the Recovery thereof the like Remedy as Would have beeii applicable to the Recovety of any Costs which might have been awarded against the Complain- ant in any Judgment or Execution as aforesaid ; provided that any Plaintiff, upon Notice of the Cause of Action first given iti Writing to any Soldier, or left at his last Quarters ofr Place of Residehce before such Listing, may file a Common Appearance in any Action to be brought for or upon account of any Debt whatsoever, and proceed therein to Judgment and Outlawry, and haVe Execution other than against the Body.

IV. And be it enacted. That it shall be lawful for Her Majesty to make Articles of War for the better Government of Her Majesty's Forces, which Articles shall be Judicially taken notice of by all Judges and in all Courts whatsoever; ^ild Copies of the same, printed by the Queen^s Printer, shall, to soon as conveniently may be after the same shall have been made and established by Her Majesty, be transmitted by Her Majest/s Secretary at War, signed with his owtl Hand and Namej to the Judges of Her Majesty's Superior Courts at JVe^^ fhinstety Dublin^ and Edinburgh respectively, and also to the Governors of Her Majesty's Dominions abroad ; provided that no Person within the United Kingdom of Great Britain and Irelandj or the British Isles, shall by such Articles of War be subject to be transported as a Felon, or to suffer any Punish- ment extending to Lif(^ or Limb, except for Crimes which are by this Act expressly made liable to such Transportation or to such Punishment as aforesaid, or shall be subject, with refer^ ence to any Crimes made punishable by this Act, to be punished in any Manner which shall not accord ^ith the Provisions of this Act.

V. And be it enacted, That Her Majesty may from Time to Time grant a Commission, under the Royal Sign Manual, for the hoklihg of General Courts-martial within the United Kln^ dom of Great Britain and Ireland, in like Manner as has been heretofore used ; and that for bringing Offenders against the

Articles

184d. MiMiy. Cap. 6. ll

Anides bf Wiir to Justice it shall be lawi\il for Her Miuesty to erect and constitute Court9^martiaI within the United Kingdom of Great Britain and Irdohd, as well ad to grant Her Koyhl Commissions or Warrants to the Chief Oovernor or Oov^f nofs of Ir^emdi the Cotnnlander of the Forces, or the t'ersoh of Per- sons commanding iii chief or commanding for the Time being any Body of Her Mjgesty^s Forces, as well within the tJnited Kingdom of Oreai Britain ahd Ittland^ and the BriiUk Isles, as in any of Her Majesty's Garrisons and Dominions or elsewhere beyond the Seas, for contening^ as well as for authoriising any Officer under their respective Command, not below the I&grte of a Field Officer, to convene, Courts-martid, as Occasion may require, for the Trial of Offences committed by any of th^ Forces under their severskl Command, whether the same shall liave been committed before or 'after such Officer sliall hkve tal&en upon himself sucih Command i and any Person subject to this Ac^ who shall In any Of Her Majesty's Dominions or else^ where commit any of the Offences for which he may be li£ible to be trifed by Courts-martial by virtue of this Act, may be tried and punished for the same in any Part of H^r Majesty's Do^ mihions where he may have come after the Commission of the Oflfence, as if the Offence had been committed where such Trial shall take ]place.

YI. And l)e it enacted^ That a General Court-martial con- Compoiition vened in ahy Part of the Queen's Dominions, {Bemiudd, thfe ^ General Bahdms, Saini Hekha, Afiita, and the JnOroHan Colonies ex- Courts-martiai. cepted,) or in the Settlements of the East India Company, nhall consist of not lesis than Thirteen Commissioned Officers ; if cotiVened in Bermwdd or the Bahamaij or otlt of the Queen'b Dominions, excepting Saint Hekna^ ^fi^ and the Audralian Colonies, shall (consist of not less than Seven, and in Saint Bkkna, AfHca^ and the Australian Colonies, of not less than Five Commissioned Officers; and no Judgment of Death shall pass without the Concorrence of Two 'rhirds at the least Of the Officers present ; and the President shall in no Case be tim Officer commanding in chief or Governor of the Garrison where the Offender shall he tried, nor under the Degree of a Field Officer unless where a Field Officer cannot be had^ nor in any Case whatsoever under the Degree of a Captitin.

Vn* And be it enacted. That a General Cotirt-martial may p^weTs of sentence any Soldier to Imprisonment, with or without hard GeneraiCourts- Labour, in any public Prison, or other Place which the Court "^^■^• or the Oflicer commanding the Regiment or Corps to which the Offbnder belongs or is attached shall appoint, and may alik> direct that such Offender shall be kept in solitary Confinemtot for any Portion or Portions of such Imprisonment, not exceeding One Month at a Time, or Hiree Months at difflerent Times widi Intervals of not less than One Month between such Times in One Year, or of such Imprisonment With hard Labour, or may sentence any Soldier to Corporal Punishment, not extend- ing tO'Life or Limb, for Immorality, Misbehaviour, and Neglect of Duty ; and a General Cotiirtrmartlal may, in addition to any

such

19 Cap. 6. Mutiny. 3 Vict.

such Punishment as aforesaid, sentence any Offender to Forfei- ture of all Advantage as to additional Pay, and Pension on Discharge; and wbensoeyer any General Court-martial by which any Soldier shall have been tried and convicted of any Offence punishable with Death shall not think the Offence deserving of Capital Punishment, such Court-martial may» instead of awarding a Corporal Punishment or Imprisonment, adjudge the Offender, according to the Degree of the Ofience^ to be transported as a Felon for Life or for a certain Term of Years, or may sentence him to general Service as a Soldier in any Corps and in any Country or Place which Her Majesty shall tliereupon direct, or may, if such Offender shall have enlisted for a limited Term of Years, sentence him to serve for Life as a Soldier in any Corps which Her Majesty shall please to direct; and the Court may, in addition to any other Punish- ment, sentence such Offender to forfeit all Advantage as to Increase of Pay, or as to Pension on Discharge, which might otherwise have accrued to such Offender ; provided that in all Cases where a Capital Punishment shall have been awarded by a General Court-martial it shall be lawful for Her Majesty, or, if in the East Indies^ for the Officer commanding in chief the Forces at the Presidency to which the Offender shaU belong, instead of causing such Sentence to be carried into execution, to order the Offender to be transported as a Felon, either for Life or for a certain Term of Years, as shall seem meet to Her Majesty, or, if in the East IndieSf to the Officer commanding as aforesaid. Trial by Ge- \11L And be it enacted. That every Paymaster or other "^f^^ourt- Commissioned Officer of Her Majesty's Forces, or any Person Embenlement. employed in the Ordnance or Commissariat Department, or in

any Manner in the Care or Distribution of any Money, Provi- sions, Forage, or Stores, who shall embezzle or fraudulently misapply, or be concerned in or connive at the Embezzlement, fraudulent Misapplication, or Damage, of any Money, Provi- sions, Fori^e, Arms, Clothing, Ammunition, or other Military Stores belonging to Her Majesty's Forces or for Her Use, may be tried fpr the same by a General Court-martial, which may adjudge any such Offender to be transported as a Felon for Life or for any certain Term of Years, or to suffer such Punishment of Fine, Imprisonment, Dismissal from *Her Majesty's Service, and Incapacity of serving Her Majesty in any Office, Civil or Military, as such Court shall think fit, according to the Nature and Degree of the Offence ; and every such Grander shall, in addition to any other Punishment, make good at his own Ex- pence the Loss and Damage sustaiqed, which shall have been ascertained ,by such Court-martial ; and the Loss and Damage so ascertained as aforesaid shall be a Debt to Her Majesty, and may be recovered in any of Her Majesty's Courts at WestminUer or in Dublin^ or the Court of Exchequer in Scotland, or in any Court in Her Majesty's Colonies where a Person sentenced by such Court-martial shall be resident, after the said Judgment shall be confirmed and made known.

IX. And

1840. Mutiny. Ckp.6. 13

IX. And be it enactecL That a District or Garrison Court- J?'^ ^ martial shall consist of not less than Seven Commissioned Officers, Gwriacn except in Bermuda^ the Bahamas^ Saint Hdenoy Africa, and the Courts-mirtiaL AustraUan Colonies, where it may consist of not less than Five Commissioned Officers, and may sentence any Soldier to any Imprisonment, with or without hard Labour, in any public Prison or other Place which such Court, or the Officer com- manding die Regiment or Corps to which the Offender belongs or is attached, shall appoint and may also direct that such Of- fender shall be kept in solitary Confinement for any Portion or Portions of such Imprisonment, not exceeding Oi^e Month at a Time, or Tliree Months at different Times with Intervals of not less than One Month between such Times in One Year, or of such Imprisonment with hard Labour, or may sentence any Soldier to Corporal Punishment, not extending to Life or Lipib, for Immorality, Misbehaviour, or Neglect of Duty; and such Court may, in addition to either of the said Punishments, sen- tence a Soldier to Forfeiture of all Advantage as to additional P^y, and to Pension on Discharge, for disgraceful Conduct, In wilfully maiming or injuring himself, or any other Soldier, at the Instance of such Soldier, with Intent to render him- self or such Soldier unfit for SerA'ice : In tampering with his Eyes :

In malingering, feigning Disease, absenting himself firom Hos- pital whilst under Medical Care, or other gross Violation of the Rules of any Hospital, thereby wilfully producing or a^ravating Disease or Infirmity, or wilfully delaying his Cure: In purloining or selling Government Stores : In stealing any Money or Goods, the Property of a Com- rade^ of a Military Officer, or of any Military or Regimental Mess: In producing false or fraudulent Accounts or Returns : In embezzling or fraudulently misapplying Public Money

entrusted to him : Or in committing any Petty Offence of a felonious or fraudu- lent Nature, to the Injury of or with Intent to injure any Person, Civil or Military : Or for any other disgraceful Conduct, being of a cruel, in- decent, or unnatural Kind : And such Offender may be further put under Stoppages, not exceeding Two Thirds of his daily Pay, until the Amount be made good of any Loss or Damage arising out of his Miscon- duct ; and if any Soldier shall be convicted of any such dis- graceful Conduct, and shall be sentenced to Forfeiture of his Claim to Pension, the Court may further recommend him to be discharged with Ignominy fi*om Her Majesty's Service; and any such Court shall deprive a Soldier, if convicted of a Charge of habitual Drunkenness, of his Liquor when issued in Kind, or of his Allowance in lieu of Beer or Liquor, or of such Pro- portion thereof, or of such Portion of his additional or regular Pay, for such PeHod, not exceeding Two Years^ as may accord

with

J

14 Cap, 6, Mutiny. 3 Vict.

with I(er ]M[i(jeBty'9 Article pf Wais 9ubjeQ|; to Keatonttiop on subsequent good Couduct ; and in addition to any such Punish* inent the Court may, if it shall think fit, sentence such Offender to Imprisonment pr to Corporal Punishment ; prpvided that in all the foregoing Cases the Sentences of a IMstrict or Garriaoti Court-martial shall be confinned by the General 0$cer, Gov vernori or Senior Officer in command of the District? Garrison| Island, or Cplouy ; and the Presidept of every Court-mtgrtialt other than a General Court-martial| not being under the Rank of Captaip, shall be appointed by the Officer convening such Court-martial ; provided that such Court-martial shall npt hav^ Power to pass any Sentence of Death pr Transpprtation« Regiiiientai X* And b^ it enacted. That in Cases of Mutiny and gross

Courts-maitwl. Jnsubordination, or any Offences committed on tne Line of

March, the Offence mav be tried by a Regimental Court*martia]« and the Sentence ponnrm^d and carried into executipn on the Spot by the Officer in the immediate Command qf the Troops, provided that the Sentence shall not exceed that which a Regi-< mental Court-martial is competent to award ; and a Regimental Gourt-mardal ma^ try any Soldier for habitual Druakenness, and may sentence any Soldier to Imprisonment, with or without hard Labour, for any Period not exceeding Forty Days, and to , solitary Confinement for any Period npt exceeding Twenty

Days ; and whenever any such Court-martial shall sentence any Soldier to Imprisoument as aforesaid it may^(if it shall think fit) direct that he b^ kept in solitary Confinement for a certain Portion OP Portions oi the Period of such Imprisonment ; Pro- vided always, then when such Court shall direct the Imprison- ment to be part soliti^ry and part otherwise, the whole Period of such Imprisonment, including the solitary Part thereof^ shall not exceed Twenty Days, and shall be divided into Periods not exceeding Ten Days each; and a Regimental Court-martial may sentence any Soldier for beine drunk wheu on or for Duty or Parade, or on the Line of March, to be deprived of a Penny a Day of his Pay for any Period not exceeding Thirty Daysi in addition to any other Punishment which such Court may award; and s^iy such Court shall deprive a Soldier, if convicted of a Charge of habitual Drunkenness, of his Liquor whei^ issued in Kind* or of his Allowance in lieu of Beer or Liquor, or of such Proportion thereof| pr of ?uch Portion of his additional or regular P^y, for such Periodf not exceeding Six Months, a« may accord with Qer Majesty's Articles of War, subject to Restoration on subsequent good Conduct. Forfeiture of ^* And be it enacted. That every Soldier who shall be Pay and Pen- found guiltv of Pescrtiou by a General, or District, or Garrison "^ ^^*"*^ Cpnrt-martial, where such Findings shall be duly approved, pr nutfking a Pf Fclony in any Court of Civil Judicature in the United Deserter. Kingdom, or of any Crime or Offence in any Court of Civil

or Cripiin^l Judicature in any Dominion, Territory, Colony, Settlement, or Jlslaqd belonging to or occupied by lier M^esty out of th^ Vniti^d King4oni, which would u comniitted therein }^ Felonyt shall thfr^^^ppn forfeit $M Advantage a^ to aci4i-

J ' tional

T

1840. Mutinjf. Cap«6, U

tional P^y, and to Fenpion on piaeharge, in addition to anjr Punishmept; which such Court may award ; and it shall bq lawful for any Court>>roartial empowered to try the Crime of I)esertion» in addition to any other Punishment, to direct that the Offender be marked on the Left Side, Two Inches below the Arm-pity with the Letter (D,), such Letter not to be less than an Inch long, and to be marked upon the Skin with some Ink or Gunpowder, or other Preparation, so as to be visible and conspieuou% and not liable to be obliterated*

XII« And be it enacted, That it shall be lawful for any Fowen of a Officer commanding any District, Petachment, or Portion of DetochmMit Her Majesty's Troops which may at any Time be serving out of Her Majesty's Dominions, upon Complaint made to him of any Offence committed against the Property or Person of any Innabitant of or Resident of any such Countries, by any Per* son serving with or belonging to Her Majest/s Armies, being qnder the immediate Command of any such Offiqer, to sum^- mon and cause to assemble a Court-martial, which shall cgnsist of not leas than Three Officers, for the Purpose of trying any such Person, notwithstanding any such Officer shall not have received any Warrant empowering him to assemble Courts* martial; and every such Court-martial shall have the same Powers in regard to summoning and examining Witnesses, Trial of and Sentence upon Omnders, as are granted by this Act to General Courts^martial ; provided that no Sentence of any suph Court-martial shall* be executed until the General commanding in chief th^ Army to which the Division, Brigade, Detachment, or Party to which any Person so tried, convicted, and adjudged to suffer Punishment shall belong shall have approved and confirmed the same.

XUL And be it enacted, That in certain Cases, wher^ It may Mixture of be necessary or expedient, Officers of Her M^esty's Marine Officers upon Forces may sit upon Courtsrmartial in conjunction with Officers Courts-martiaL gf Her Miyesty's Land Forces, and such Courtsrmartial shall be r^n^lated, to all Intents and Purposes, in like Manner as if they w^e composed of Officers of the Land Forces onlyt whether the Commanding Officer by whose Order such Courts martial is assembled belongs to the Land or to the Marine Forces ; and Officers of Her Msgesty's Land Forc^ and Officers in the Service of th^ Easi India Company, when serving to* getber, may be associated in Courts-martial, which shall to all Intents and Purposes be regulated in like Manner as if con- sisting wholly of Officers of Her Mtuesty's Land Forces, or wholly of Officers in the Service of tpe JEast India Company ; save and except that on the Trial of any Person in Her Ma^ jest/s Land Forces, the Provisions of this Act, and the Oaths thereby prescri^^d, $hall be applicable ; and that on the Trial qi 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 shores and the Oaths thereby prescribed, shall be applicable ; and on U)f Trial of a^iy Officer or Soldier in the Service of tfjn^

Bagt

16 , Cap,6. Mutiny. 3 Vicr.

Ecat India Company, the Proyisions bf an Act passed in the Fourth Year of the Reign of His Majesty King George the Fourth, to amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Com- pany, 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. Power to XIV. And be it enacted, That all Greneral and other Courts-*

^22JU|***' martial shall have Power and Authority and are hereby required

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.

Proceedings of XV. And be it enacted, That in all Trials by General Courts-

Courts-martiaL martial to be held by virtue of this Act the President and every

Member assisting at such Trial, before any Proceeding be had thereon, shall take the Oath in the Schedule to this Act an- nexed, 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 autho- rized 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 EastlndieSj 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 Court- 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 put 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 irom or attending upon such Court-mar- tial ; 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 Lovidon or Dublin, or the Court of Session, or Sheriff Depute or Stewarts Depute, or their respective Substitutes,

within

1840. MuHny. . Gap. 6. 17

within their several Shires and Stewartries in Scotiand^ or Courts of Law in the East or West Indies^ or in any of Her Majest/s Colonies, Garrisons, or Dominions in Europe or elsewhere re- spectively, upon Complaint made, in like Manner as if such Witness had n^lected to attend in a Trial in any Proceeding in that Court.

XVL* And be it enacted. That no Officer or Soldier, beinff Appod. 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, unless in the Case of an Appeal from a Regi- mental to a General Court-martial; and diat no Findings 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 esamined nor shall any additional Evidence be received by the Court on such Revision.

XVII. And be it enacted, That every Judge Advocate, or Rqiort of Person officiating as such at a General Court-martial, or the ^'^mS* President of any District or Garrison Court-martial, is reauired ^^^^b^m to transmit, with as much Expedition as the Opportunity of Omuon Time and Distance of Place can admit, the original Proceed- ings 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 Mediterraneany Three Months if at any other Station within Europe^ and Twelve Months if elsewhere in Her Ma- jesty'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

XVIIL And be it enacted, That whenever Her Majesty shall Tmuportttifln intend that any Sentence of Transportation heretofore or here- Sj^S^"**** after passed by any Court-martial shall be carried into execution "*^^* for the Term specified in such Sentence or for any shorler Term, or shall be graciously pleased to conmiute as aforesaid to Trans- portation any Sentence of Death passed by any such Court, the saroe^ 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 tem- porary Absence of such Officer by the Adjutant General, or when there shall not be any Commander-in-Chief of Her Ma- jesty's Forces in Great Britain and Irdaniy then by the Secre- tary at War or his Deputy, to any Judge of the Queen's Bench, Common Pleas, or Exchequer in England or IreUmij and thereupon such Judge shall ma!ke an Order for the Trans- portation 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 [No. 2. Price 2d] B the

Ip .CaPf«^ -Mirfiwyr 3 Vict

the Transpprlatipn of other Offend^rp; and ^hp Persoii i» whose Custody such Offeiider shall ^t that Tiipp be, ^ijd ^11 other Peirsons whatsoever whom the s^id Order may concern^ 3h^Il be boHpd to obe^ ^d shall be assistant in the Execu- tion therepf, f^nd shall be liable to the same Punishment for Disobedience, or for interrupting the Execuuon of the sfune^ ^s if the Qrder hftd been made under the Authority of any such ^ct as ^foresaid ; apd every Person so ordered to be transported shall be su^ect to every Provision m^de by Law and in force concerning rersops convicted of any Crime and under Sentence of Transpbr^tion ; and &om the Time when such Order of Trans- portation sh£^}l be made every Act in force touching the Escape of Felons, or their afterwards returning, pr their being at large without Leave, shall ^pply to such Offender} and to au Persons aiding and abetting, contriving, or assisting in a;iy Escape or intended Escape or the returning without I<aave of any such OiFender ; and the Judge whp shsdl make f^ny Order of Trans- portation as aforesaid snail direct the Notification of Her Ma^* jest/s Pleasure, and his own Order made thereupon, to be filed and kept of Eecord in the Office of the Clerk of the Crown of the Court of Queen's Qench i ^nd the said Clerk sha}l have 9 Fee of Two Shillings and Sixpence only for filing the same, and sbal}, on Application, deliver a Certificate in Writing (not taking more than Two Shillings and Sixpence for the same) tp snch Offj^nder, or to any Person applying in his or Her Ma- j^sU^'s Behalf, showing the Christian and Surname of such Ofiender, his Offence^ the Place where the Court was held before whom he was convicted, and th^ Conditions on which the Order of Transportation was given ; which Certificate shall be sufficient Proof of the Conviction and Sentence of such Offender, ^d also of the Terms on which such Order for his Trf^nsportation was given, in ^y Court and in any Proceeding wberem it may be necessary to inquire into the same, '^fmryrtififfr XI^« And be it enacted. That whenever any Sentenee ot ffiun 1^ Transportation heretofore or hereafter pajssed by any Court-

CobnjM. martial holden in the East Indies^ or in any P^rt of Her Ma-

jesty's Foreign Pominions, is to be c^trried into execution for the Term specified in such Sentence or for any shorter Term, or whfsn Sentence of Death has been or shall as aforesaid be commuted tp Transportation, the same shall be notified by the O^er commanding in chief Her Majesty's Forces at the Pre- sidency or Station, or in his Absence by the Adjutant General &r the Tim^ beinff, to some Judge of onp of the Supreme Courts of Judicature in the flast Indies^ or Chief Justice, or some other Judge, as the Case may be, in any Part of Her Majesty's Foreign Dominionsjf who shall make Order for the Transportation or intermfediate Custody of such Offender, in lik^ Manner a$ for the Transportation or intermediate Custody of any other Coii- vict ; ^d the necessary Proceedinffs shall he taken, according to such Order, for the Transportation or intermediate Custody of sneh Qffi^nder; and all Acts in force \i\ such Place touching

ether

\94fk JUAtmy. C^p.6. 19

•tfep OSbmbrs id tw traoflported ahall in all respects apply as inaU ta the Offiamkr himself so to be transported as to aU other F9iP09a wb^taoev^r therein conperned.

XXe A)id be it enaetf d. That all Crimes and Oflfences which Oflenoes tew been committed against any former Act for punishing jP"n«tfo"ner Itfntiny aod Desertion, and for the better Payment of the nwjTbetnS Army M^ ^^^ Quarters, or against any of the Articles of under this Act. War iii^de and established by virtue of the same^ may, daring Ae ppqtiniianee af this Act, be inquired of and punished in * lilie Manner as if they had been committed against this Act ; 4ad erery Warrant for holding any Court-martial under any fiirmer Aot shall remain in full Force notwithstanding the Cjipfation of such Act, and all Proceedings of any Court- OH^tial upon any Trial begun under the Authority of such fenner Act shall not be discontinued by the Expiration of the same ; provided that no Person shall be liable to be tried and fauuabed for any Ofienee against any of the said Acts or Ajtieles af War which shall appear to have been committed mate than Three Years before the issuing of the Commission or Warrant for such Trial, unless the Person accused, by leason of bia having absented himself or of some other manifest laBpediment, shall not have beep amenable to Justice within that Period, in which Case such Person shall be liable to be tried at ^ny Time not exceeding Two Years after the Impedi- nept shaJl have qeesed.

XXI. And be it enacted. That every Soldier shall be liable Subsequent ta he tried and punished for Desertion from any Corps into EnlUiment no whicli he may have enlisted, or from Her Majesty's Service, fr^^^nlsh- althoogh he may of right belong to the Corps from which he ment for De- shall have ori^nally deserted; and if such Person shall be Mrtion. elaimed as a i)eserter by the Corps to which he originally beloiiged, and be tried as a Deserter therefrom, or shall be tried as a Deserter from any other Corps into which he may have enlifted, or if he shall be tried while actually serving in seme Corps for Desertion from any other Corps, every Desertion previous or subsequent to that for which be shall be under Trial, as well as every previous Conviction for any other Offence, nay be given in Evidence against him ; and in like Manner in thp 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 O^neSf 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 &tisfaetion of the Court that he had previously to his Trial received Notice of the Intention to produce such Evidence en the same ; and provided further, that the Court shall in no Otte award to him f^iy greater or other Punishment or Punish- mmts than may by this Act and by the Articles of War be fwtrded fer the OS^nte of whiek he shall so have been teund guilty.

B 2 ' XXII. And

20

Apprchennon df Deierten.

Cap.6<

Mutiny*

3 Vict*

Frauduleat CoQxession of Dewrtion.

XXIL And be it enacted, That it shall be lawful for the Constable of any Place where any Person reasonably suspected to be a Deserter shall be found, or of any adjoining Place, and if no such Constable can b^ immediately met with, then for any Officer or Soldier in Her Majes^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 appear 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 Discretion 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 shau 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 Depot of the Kegiment to which he shall belong, then such Justice may deliver such Deserter to the Party of his Regiment, or may order such Deserter to be taken to die Head Quarters or Depot 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 Commitment to Prison or Delivery of such Deserter to the Party of his Regiment, in order for his being taken to the Head Quarters or Depot 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, stating the Names of the Persons by whom the Deserter was apprehended and secured ; and the Secretary at War shall transmit to such Justice an Order for the Payment to such Persons of such Sum, not exceeding Forty Shillings, as the Secretary at War shflJl be satisfied they are entitled to, according to the true Intent and Meaning of this Act : Provided also, that the Fee or Reward taken by any Justice or his Clerk, in respect of any Information, Commitment, or Report as aforesaid, shall in no Case exceed the Sum of Two Shillings.

XXIIL And be it enacted^ That any Person who shall voluntarily deliver himself up as a Deserter from Her Majestjr's Forces, or the embodied Militia, or the Forces of the East India Company, or who, upon being apprehended for any Offence, shall, in the Presence of the Justice, confess himself to be a Deserter as aforesaid, shall be deemed to have been duly enlisted and to be a Soldier, and shall be liable to seiVe in any

of

1840. MuHny. Cap. 6. 21

of Her Majesty's Forces, as Her Majesty shall think fit to appoint, whether sach Person shall have been ever actually enlisted^ as a Soldier or not; and in case such Person shall not be a Deserter from the Regiment stated in such Confession he shall be liable to be punished as a Rogue and Vagabond, or may be prosecuted and punished for obtaining Money under &be Pretences; and the Confession and receiving Subsistence as a Soldier by such Person shall be Evidence of Uie false Pre- tence and of uie obtaining Money to the Amount of the Value of such Subsistence, and the Value of such Subsistence so obtained may be charged in the Indictment as so much Money received by such Person ; and in case such Person shall have been previously convicted of the like Offence, or as a Rogue and Vagabond for making a fraudulent Confession of Desertion, such former Conviction may be alleged in the Indictment, and may be proved upon the Trial of such Person ; and in such Indictment for a Second Offence it shall be sufficient to state that the Offender was at a certain Time and Place convicted of obtaining Money under fidse Pretences as a Deserter, or as a Rogue and Vagabond for making a fraudulent Confession of Desertion, without otherwise describing the said Offence ; and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment and . Conviction for the former Offence, purporting to be signed by the Clerk of the Court or other Officer having the Custody of the Records of the Court where the Offender was first convicted, or by the Deputy of such Clerk, or by the Clerk of the convicting Magistrates, shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of the First Conviction, without Proof of the Signature or official Character of the Person appearing to have s^ed the same; and if the Person so confessing himself to be a Deserter shall be serving at the Time in any of Her Majesty's Forces, he shall be deemed to be and shall be dealt wi^ as a Deserter.

XXIV. And be it enacted. That any Recruit who shall Recruits de- desert prior to joining the Regiment for which he has enlisted "^^^ ^'^^ shall, on being apprehended, and committed for such Desertion ferred to the by any Justice of the Peace upon the Testimony of One or nearest Regi-^ more Witnesses upon Oath, or upon his own Confession, be ™*°^ ^^ ^«P^*- liable to be transferred to any Regiment or Depot nearest to the Place where he shall have been apprehended^ or to any other Regiment to which Her Majesty may deem \% more desirable that he should be transferred: Provided always, that all Cavalry Recruits so committed for Desertion shall be transferred to Cavalry Regiments, and Infantry Recruits to Infantry Regiments ; and that such Deserters thus transferred shall not be liable to other Punishment for the Offence, nor to any other Penalty except the Forfeiture of their personal Bounty, reserving only for them that Part of the Bounty which ia applicable to and required for the Provision of Mecessariea.

* B 3 XXV. And

Penalty for inducing or asbuting to desert

Penalty for forcible Entry.

Cistody of Offenders under a Mili- ' tary Sentence.

One Pentagon in the Peniten- tiary at Mill- bank to be ap- propriated as a I^ison for Military Offenden.

Powers and Duties of the Person to be appointed Superintendent of said Penta- gon.

Cap. 6. itftttffiy. 3 ViQf.

XXV. And be it enacted) lliat every t^ei^on Who shftll, III any Part «f Her Majesty's Doftlinidhs, difec^tly Oi* indireetl^ persuade any Soldier to deseit^ shall siifFer sueh PunifthtHMt by Fine or Ihiprisonment^ dt both, as the Court befbf^ ytlMh the Conviction may take place shall adjudge ; tad every P^tftetl yrho shall assist any De^ertei^i knowing him to be sttCh^ tifl deserting or in concealing himself^ shall forfeit ibr etery M^ OfFence the Sum of Twenty l^ounds.

XXVL And be it enacted, Th^t ^tery Commissioiied (M^f^ who shall, without Wairant from One of more of Htft Majesty^B Justices, forcibly enter into or break open the Dwelling H^bse or Outhouses of any Person whoms^eTelr, Under Pretence ef searching for Deserters, shally upon due Proof thereofi forfeit the Sum of Twenty Pounds.

XXVII. And be it enacted, Thttt evefy Gaolef tad Ke^t of any Prison or House of Correction in eveiy FaH of Her Majesty's Dominions shall^ upon the Order in Writing ef any Commanding Officer of a District, Gartisori) Regiment, ot* Goi^ (as the Case may be,) receive into his Custody any Soldier nnder Sentence of Imprisonment by a General or other Coutt-martial^ and keep him in a proper Place of .Confinement^ with er without hard Labour, according to the Sentence of the Court, and dui^in|( the Time specified in the said Order^ or until he be discbai^gra, or shall, although the Period for which the Soldie)* wtis origi*^ nally committed may not have expired, deliver him up to any Peraon producing an Order in Writing to that Effedt from any such Commanding Officer as aforesaid; tad ev^ry such Gaoler who shall refuse to receive and to confine any iliich Non-commissioned Officer or Soldier in mtaner ab aroresaid shall forfeit for every such Ofience the Sum of Ohe hundred Founds.

XXVIII. And be it enacted, That One Pentagon in the General Penitentiary at Millbbmk^ to be selected by the Supefrin- tending Committee of the said Penitentiary, With the Aipproba« tion of one of Her Majesty's Principal Secretaries of State, shall be deemed to be a Prison within the Meaning of any Aet now in force or hereafter to be in force fot punishing Mutiny and Desertion ; and that any Soldier convicted by a Court-mar^ tial may be sent by Order of any Commanding Officer 6f ii District, Garrison, Regiment, or Corps to such P^itagon, there to undergo Imprisonment, with or without hard Labour or solitary Confinement, or such other Puniiihment as may be awarded by his Sentence, and during the Time specified in the said Order, or until he be discharged before the Expiration ef that Time by an Order duly made for that Purpose.

XXIX. And be it enacted. That the Person who shall for the Time be intrusted by the Superintending Committee or Visiter of the said Penitentiary with the Charge of the same Pentagon shall be deemed to be the sole Superintendent thereof^ and shall perform the same Duties and exercise thd same Powers tad Authorities in relation to such Pentagon, and to the Offieert

exclu-

1640. MtMnfi Csp. 6.

^tdnaitely belonging thereto^ and to the Soldlen oortifified therein^ as tte Governor of the said Penitenliafj shall perfbrrfi and exercise in reliction to the othei' P^ntagon^^ Officers, and Pti- soners iii the sidd Penitentiary, any thing In any Act to the coii- ttaty notwithstanding; subject nevertheless to stieh pectfliar Regflliitiona as the said Superintenditig Ck>tninittee^ With the AppMbation of one of the Principal Seeretaf ies of State, may fVom Tiine to Time make in relation to snch Pentagon^ and to the Superintendent tad Officers thereof, aiid to the Soldiers confined therein i Provided always, that nothing herein con- tained shaU prevent any Soldier confined in the said Pentagon front being taken td the Chapel or Infihnary of the said Peni^ tentiary.

XXX. And be it enacted. That the Gaoler or 'Person having Cuitody and the itnmediate Inspection of anv Prison, Gaol, dr House or ?ji^?f™*^ Oirrfection in eirery Part of Her ilajesty's Dominions shall diet '^•*^"* and supply etery Soldier with Fuel and other Necessaries according to the Regulations of the Prison to which he shall he conitiiitted, and shall receive on account of every Soldiei*, during .the Period of his Imprisonnient, Sixpehce /Mfi* Dien^ which the Secfetarjr at War shall Hanae to be Issued out of the Subsistence of suth Soldier, upon A|)plication in Writing signed bjr any Jtistice within i^hose Jurisdiction such Place of (>onfinemetit shall be locally situated, together with a Copy of the Order of Commitment, and which Sum of Sixpence per Diem shall be carried to the Credit of the^Fund from which the tJxpence of such Prison or House of Correction is defrayed ; and such Gaol^f is hereby required to i'eceive and coiifine every Deserter who shall be delivered into his Custody by ahy Soldier conveying such Deserter under awful Authority, on Production of the Warrant of the Justice of the Peace on which stich Deserter Aall have been taken, or some Order from the Oftce of the Be<;retary at War, which Order shall cbritiliue ih force Undl the Deserter shall have arrived at his Destination, and su6h Gaoler shall be entitled to One Shillitig for the safe Custody of the said Deserter while halted on the March, and to such BubsistA ence fiir his Maintenance as shall be directed by Her Majesty's Regulations.

aXXI. And be it enacted. That every Gaoler to whom any Notice of Ex- Notice shall have been given that any Person in his Custody for p«^wi ^H^ any Oflence is ^ Soldier, liable to serve Her Majesty oh th* P^"'*** Expirfttiofa of his Imprisonment, shdl ^ve One Month's Notice of the Period of such Expiration of Imprisonment, or if th^re shall not be sufficient Time for a Month's mtice, then the longest practicable Notice thereof, to the Secretary ^t War.

XXXll. And be it enacted, That all the Provisions of this Penom mbjcct Aet shall apply to all Persons employed on the Recruiting SeH to thb Act. tice receiving Pajr in respect of such Service, and to the Forces * of the Edst India Cbmpanjr while they shall be in anv Part of the United Kingdom, and until their Arrival in the Territories of the Batt India Company, and to the Officers and Persohs whb Are or shall be serving and hired to be employed itt tiie Royal

B 4 Artillery

iSQ Cap. 6. Mutifttf. S ViCT.

Artillery and Field Traini and to Master Gunners and Gunners^

and Conductors of Stores, and to all Officers and Persons who

are or shall b^ serving in the Regiment of Royal Engineers and

the Corps of Royal Sappers and Miners, and in the Corps of

Royal Military Surveyors and Draftsmen, and to Persons in

the Ordnance and in the Commissariat Departments, who are or

shall be serving with any Part of Her Majesty's Forces at home

or abroad, under the Command of any Officer having Com-

mission fhim Her Majesty, or from His late Majesty King

William the Fourth, and to all Storekeepers and other Civu

Officers who are or shall be employed by or act under the

Ordnance at any of Her Majesty's Ordnance Establishments at

Foreign Stations ; provided that nothing in this Act contained

shall extend to affect any Security which has been given by such

Storekeeper, Barrack Master, or other Officer, or tneir Sureties^

for the due Performance of their respective Offices, under the

Provisions of an Act passed in the Fiftieth Year of the Reign

of His Majesty King George the Third, to regulate the taking

of Securities in all Offices, but that such Bonds and other

Securities shall be and remain in full Force and Effect*

Fonign Troops XXXIH. And be it enacted, That all Officers and Soldiers of

iathb Country, any Troops, being mustered and in Pay, which shall be raised

and serving in any of Her Majesty's Dominions abroad, or in Places in Possession of or occupied by Her Majesty's Subjects, under the Command of any Officer having any Commission immediately from Her Majesty, shall be liable to Martial Law in like Manner as Her Majest/s other Forces are; and if such Officers and Soldiers, having been made Prisoners, be sent into England or Ireland although not allowed to serve therein, all the Provisions of this Act in regard to billetting Soldiers shall apply to such Officers and Soldiers. MOida aad XXXIV. And be it enacted. That nothing in this Act con-

TooDMoiy. tained shall in anywise be construed to extend to any of the

Militia Forces or Yeomanry or Volunteer Corps in . Great Britain or Ireland^ excepting only in such Cases wherein, by any Act or Acts for regulating any of the said Forces or Corps^ the Provisions contained in any Act for punishing Mutiny and Desertion shall be specifically made applicable to the said Corps. A0t 10 extend XXXV. And be it enacted, That this Act shall be construed %J^^Sj^ ^ to extend to the Islands of Jersey^ Guernsey^ Aldemey^ Sark, and

ilfoR, and the Islands thereto belonging, as to the Provisions therein for enlisting of Recruits, whether Minors or of full Age, and swearing and attesting such Recruits, and for muster* ing and paying, and to the Provisions for the Trial and Punish- ment of Officers and Soldiers who shall be charged with Mutiny and Desertion, or any other of the Offisnces which are by this Act declared to be punishable by the Sentence of a Court- martial, and also to the Provisions which relate to the Punish- ment of Persons who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Clothes, Military Furniture, or Regimental Necessaries from any Soldier or De- serter,

18^. Mu&ajf. Cap.e. * 36

SMter, or who shall cause the (Colour of any such Clothea to be cbaogedy and also as to the Exemption from Arrest for Debts under Thirty Pounds of Soldiers in the said Islands.

XXXVI. And be it enacted, That every Person who shall Bnludngatid receive Enlisting Money from any Person employed in the S^^**^ Recruiting Service^ he being an Officer, Non-commissioned Officer, or an attested Soldier, shall be deemed to be enlisted as a Soldier in Her Majesty's Service^ and while he shall remain with the Recruiting Party shall be entitled to be billetted ; and every Person who shall enlist any Recruit shall first ad( the Person offering to enlist whether he does or does not belong to the Militia, and shall cause to be taken down, in Writings the Name and Place of Abode of such Recruit ; and (if such Recruit shall not reside in or in the Vicinity of the Town or Place where he offered to enlist) the Place also at which he shall declare that he intends to sleep, in order that within Forty-eight but not sooner than Twenty-four Hours, (any intervening 6m- day not included,) after his having received the Enlisting Money^ Notice of his having so enlisted be given to the Recruit or left at his usual Place of Abode, or at the Place where he stated that it was his Intention to sleep; and when any Person shall be enlisted as a Soldier in Her Majesty's Land Service he shall within Four Days, (any intervening Sunday not included,) but not sooner than Twenty-four Hours after such Enlisting, appear, together with some Person employed in the Recruiting Service of the Party with which he shall have enlisted, before a Justice^ or, in Scatiandf before any Baillie of a Royal Burgh, residing widiin the Vicini^ of the Place, and acting for the Division or District where such Recruit shall have been enlisted, and not being an Officer in the Army; and if such Recruit shall declare bis having voluntarily enlisted, the said Justice shall put to him the several Questions contained in the Schedule to this Act annexed, and shall record or cause to be recorded in Writing his Answers thereunto ; and the said Justice is hereby required forthwith to cause the Answers so recorded in Writing, and the First and Second Articles of the Second Section of the Articles of War against Mutiny and Desertion, to be read over in his own Presence to such Recruit, and to administer to such Recruit the Oath in the Schedule to this Act annexed for limited or unlimited Service, or for Service in the Forces of the East hdioL Company, as may be applicable to the Case of the Recruit, and no other Oaths, any thing in any Acts to the contrary notwithstanding; and the said Justice is hereby required to give, under his Hand, the Certificate in the Schedule to this Act annexed; and if any such Recruit so to be certified shall refuse to take the Oath in the Schedule to this Act annexed before the said Justice, it shall be lawful for the Officer or Non-cominissioned Officer with whom he enlisted to detain and confine such Person until he shall take the said Oath of Fideh'ty.

XXXVIL And be it enacted. That any Becruit appearing Dinent and as aforesaid before such Justice shall be at liberty to declare his Relief from

Dissent EnK»tineiit.

M ' <:kp.d. Mutir^. SVier.

DisMnt to sudii Enlisting, kHd aptri ^lidh Dedatttion^ attd rettifnibg the Enlisting Money, and iJso pajiiig Sie Sttiil ef Twenty Shillings for the Charges i^^j^end^d upon hitii^ togetht^ with the full AnioUtit of* Subsistence and Beer Monejr ^bich &all have beeti paid to such Recrtiit subsequent to the P&l^lod of his hd¥ing been enlist^ shall be fottliwith diteharged and set nt liberty in the Presence of such Jdstice i but if siioh I^eN fl[6n shall refiiite or neglect, within the Space of TVenty^f(§ful^ HoUrs after sb declaring his Dissent, to return and pny ^ueh Mon^ as aforesaid^ he shall be deeriied and taken to b^ en- listed as if he had given his Absent thereto before the ^id Jii^tice f Provided also, that It shall be lawful fbr iuiy Justice fd dischai'ge uny Person whd shall have hastily enlisted, and Who shall at)ply to him ib declare his Dissent i^ithin such Four Dttys as aforesaid, upon Payment of the Sum of Money required 16 be paid by any Recrtiit declaring his Dissent under this A^U notwithstanding no Person belonging to the Recruiting Party shall be with the Reciriiit, if it shafl appear to such Justice, Upon Prctof to his Satisfaction, that the Recfuiting Party has left the Place where such Recruit t^as enlisted, or that the Keei-uit could rtot procure kny Pei^on belonging to sufch Party to go with him before the Justice ; and the Sum paid by stich Rdcfuit upon His Discharge shall be kept by the Jilstlce, and pdd to kny Person belonging to the Recruiting Party entitled thereto dehianding the samej provided that no Rect'uit ^ho has been actually, though et-roneously, discharged bjr the Justice before tlie Ex-^ piration of iTwenty-foUr Hours aftet the Hffle of hi§ Enlistment shall be liable on that Account to be |)t'oeeeded against as having deiierted frdhi tlet Majesty's Sertice ; knd the Justice who snail dischiirge any Redruit shall in eveiy Case give a GeN tificate thereof, s^ed with his Hand, to the Recruit s{>edfying the Cause thereoL Qfl^,^ ^^^ XXXVIIt. And be it enacted, iTiat if any ftecniit shall nected wiUi rCceiVe the Enlisting Money fi'om any Person emploved in the Enluunent. Recruiting Service (knowing it to be &uch), and shall abscond

oi* refuse to go befoi'e snch Justice, or shall thereafter absent himself from the Recruiting Party at Person With whom he enlisted, iind shall not voluntarily tettirh to go befot^ !tome Justice within such Period Of Four Days as aforesaid, sneh ReCi^it shall be deemed to be enlisted and & Soldiet in Hef Majesty's Service, as fully to all Intents and Purposes ks if he had been duly attested, and may be apprehended and punished as a Deserter, or for being absent without Leave, under any Articles of Yf^t made for Punishment at Mutiny and Desertion ; and sudh Recruit shall not be discharged by any Justice of the Peace after the Eicpiration of such Four Dciys as afbreS^id, unless it shall be proved to the Satisiaction of such Justice that the true Name and Residence of the Recruit were dislclosed and known to the Recruiting Party, and that no Notice wds given to the Recruit, or left at his usual Place of Abode, of his hiiving s<i enlisted ; pf bvid^ that in every Case wherein any Recruit shall have received Enlisting Money, and shall have

absconded

1040. Jlfkli>i^. ta^e. it

AbiUMdedi tMA fbe ftol3ri id thAt iC shid] not he pamhie immediacy td itp^fa^d fttiti bring biin befdre & Jtistic^ thi^ Offleer or NeiMsoittffifeitoned OfBtief bdtftinanding ttife PaHy riiall fradBc# to the Juiti^ before Wborti tfi« Reiiruit might ff^flriy to hatef heish brought (6f Att^tatioil ft Cmificdt^ t)f thi^ Name llild Plec^ of tledideftice tji sudh RecftiitJ and the Jittlice to \A^m ^u«h Orttficat^ shall be prodneed shall, kft^t Btttisfyiilff hitti^f that thd Reetttit Vhd had libM>nded cailnot be Ibiitid and api^ft^eiided^ ttansmit a Dtt|)lieaie tbef^ to iter Mijesty's Seoretarjr at War^ in ohief that, in thtf «tent of stibh fteertiit being aflerWahls a^^ti^ehehded and reported al a De^ lert^ the Facts of his having reoeif ed Enlisting Mdney, ifid harii^ absconded aft^t hating been etllistedf mitjr be ascei*- tidfled, befcMi^ he be flhally tmjtidged to be a Des^^t^ ; and anjr Reerait whb shall enlist into Her Majesty's Foi'^es, and irfio shall be disco^eted td be incapable of actite Setviee bt reasta of shy Infirmity (H)iK;ealed Or not declared by silch R«€ftiit bdbre the Jnstite at the "f ifaie bf his Attestation, inajr ba tiansferred to any Oafrison or Veteran or Inralld Battalidn ar Compahyt or into Her Maies^s IMhrine Forc^ ndtWith^ standing he shall have enlisted for aHy particular Re^idierit, aad shdl be entitled to teeeive sucih Pi'bportion or Residue df Baodty odly as Her Majesty may allow in that Behalf, instead of the Bounty npOh which such Man ^hall have bcfeh enlisted, tej fhiiig in any Aet of Acts, dr any Rules and Regulations relating to Soldiery to the (Contrary notwithstanding; &nd it Aall be laWfiil fbr any TVd JustW befdre Whom ititeh R^ruit shall be broUgbf) iind Who shall be prdved Upon Oath, before them, to haire concealed hi^ baring been a Soldier and dis^ Aafged, olc to have concealed his having been discharged upoii my priof finlistnient, oi^ td hkre wilfbuy concealed any Sudh Infiriui^ npon being attested, dr to haVe designedly niade any fidse Representation as aforesaid, to adjudge such Person to be tk Kogoe and Vagabond, and td sentence him td sUch Punish- aienl as by any Law ih fbrce may be inflicted Upon Rogues and Vagabonfk and Vagrants and incorrigible Rogues; and any Reeruit who shall designedly ihake any iklse Representation df my Particular contained in the Oaths and Certificates in the tkhednle to this Act adneited, before the Justice, at the Time of his Attestation, and shall obtain any Enlisting Money or Boanty fair entering into tier Majesty's Service or any other Money, shall be deemed guilty df obtaihihg Money Under fklse Pretences within the true Intent and Meaningi if in England^ of an Aet^ intituled An Att fbt ^mBoUdaHng dfid amending ihe 7a86.4.e.9i. LmiH in Etigladd relative to La!hxn^ and offur Offhice^ tonmttid tkm^Mk ; and if Ih Ifebhd^ of an Adt passed in the Ninth Year rf the Reigfi df His Majesty King GeMye the Fdurib, ihtittiled An Act Jar caruolidating and amending the Laws in Ireland i^Mtili% 9 0. 4. e. $s, t§ LMtnag Md »thi^ Offkncee eanneited OereufUh } and the P^- dastibn ^ such Certificate^ and Pttx>f df the Handwriting df the Jaktiee giting such Genifieate, shall be safieient Evidenee of soah Party having represeiilad die several PArtieuliM con- tained

i8 Cap. 6. Mutiny. 3 Vicr.

tained in the Oath sworn by hini»and specified in the Certificate of the Justice at the Time of his being attested ; and that Proof by the Oath of One or more credible Witnesses that the Person so prosecuted hath voluntarily acknowledged that at the Time of his Enlistment he belonged to the Militia^ or to any Regiment in Her Majesty's Servicci or to Her Majesty's Ordnance, Navy^ or Marines, shall be deemed and taken as Evidence of the Fact so by him acknowledged, without Production of any Roll or other Document to prove the same; and such Proof of such Acknowledgment shall be certified to the Secretary at War by the Justice before whom such Proof shall have been given ; and any Man having been enrolled to serve in the Militia at the Time of ofierin^ to enlist who shall deny that he is a Militia Man then actually enrolled and engaged to server or shall deny to the Justice before whom he shall be attested that he belongs to the Militia, shall, on Conviction thereof before any One Justice in the United Kingdom, either upon Oath of One Witness or upon his own Confession, or upon the Production of the Attestation, and the before-mentioned Acknowledgment of such Person, certified by the Secretary at War or ]>eputy Secretary at War, be committed to the Common Gaol or House of Correction, there to remain without Bail or Mainprize for and during any Time not exceeding Six Calendar Months, over and above any Penalty or Punishment to which such Per- son so ofiending may be otherwise liable, and shall from the Dav on which ms Engagement to serve in the Militia shall end, and not sooner, belong as a Soldier to the Corps of Her Ma« jetty's Regular Forces, or of the Ecul India Company's Forces, into which he shall have so enlisted; provided that every such Person shall be liable to serve within the United Kingdom of Great Britain and Ireland, in any Regiment, Battalion, or Corps of Her Majesty's Regular Forces, or of the Eastlndia Company's Forces, in which he has so enlisted, during all the Time the Militia to which he shall belong shall remain disembodied, or shall not be called out for Training or Exercise, and shall during all such Time be subject to all the Provisions of this Act, and liable to be apprehended and dealt with and pun- ished as a Deserter from the Corps in which he shall have so enlisted, if he shall neglect or refuse to join and serve in such Corps as aforesaid. Poialtjon XXXIX. And be it enacted, That every Military Officer

Offieen offend- who shall act contrary to the Provisions of this Act in any re- lUwifiw^- *P^^ regarding the enlisting and attesting of Recruits of Her ii« fildiitiiieiit. Majesty's Service, or for the Service of the East India Company,

shall, upon Proof thereof upon Oath by Two Witnesses before

a General Court-martial, be cashiered, and disabled to hold any

Civil or Military Office or Employment in Her Majesty's

Service.

EnliitniMitaDd -^^^ ^^^ whereas it is expedient that Provision should be

Re-cniiitmaii made for enlisting and attesting of Soldiers desirous of re-

*^"'*^ enlisting^ and others desirous of enlbting abroad ; be it there*

fore enacted, Ilat it sh^ be lawful for any Person duly ap- pointed

1840. Mabiy. Cap^o:

pointed by Her Majesty by any Warrant signed Inr the Secre* taiy at War in that Behalf, and not being a Generu Officer nor holding any Regimental Commission, to enlist and attest, out of Gr&tt Briiain or Ireland^ any Soldiers or Persons desirous of enlisting ^or re-enlisUng into Her Majesty's Service; and any Person so appointed shall have the same Powers in that Behalf as are given to Justices in^the United Kingdom for all such Purposes of Enlistment and Attestation ; and any Person so enlisted or re-enlisted shall be deemed to be an attested Soldier; and as often as any Corps shall be relieved or disbanded at any Station beyond the S^is, it shall be lawful for any Officers thereunto authorized by the Officer commanding in chief at such Station to enlist as many of the Soldiers belonging to the Corps leaving the Station as shall be willing and fit for Service for any Corps appointed to r^nain; and every Soldier so enlisted is hereby deemed to be discharged from his former Corps ; and an attested Certificate of Transfer shall be delivered to the Soldier.

XLI. And be it enacted, That all N^roes purchased by or ^'"^j'^"^* ^ on account of Her Majesty, and serving in any of Her Majesty's ^W**** Forces, [shall be considered as Soldiers having voluntarily en*> listed in Her Majes^s Service ; provided that nothing contained in this Act as to emisting for limited Periods of Service, or in any other Act as to any Rules or Regulations for granting Pen* sions or Allowances to Soldiers discharged after certain reriods of Service, shall extend to any Negroes so purchased.

XLIL And be it enacted. That any Person duly bound as Apprcntiee an Apprentice who shall enlist as a Soldier in Her Majes^s or JJ^^**°*^^ the Eati India Company's Service, and shall state to the Ma- .AeMhe Ez^ gistrate before whom be shall be carried and attested that he is ntioB oflni not an Apprentice, shall be deemed guilty of obtaining Money Appnotke- under false Pretences within the true Intent and Meaning of ^ the before-recited Acts, and shall, after the Expiration of his Apprenticeship, whether he shall have been so convicted and punished or not, be liable to serve as a Soldier in any of Her Majesty's Regular Forces, or in the Forces of the East India Company, according to the Terms of the Enlistment ; and if on the Expiration of his Apprenticeship he shall not deliver himself up to some Officer authori2sed to receive Recruits, may be tak^i as a Deserter from Her Majesty's Forces.

XLIII. And be it enacted, That no Master shall be entitled CkSmtoC to daim an Apprentice who shall enlist as a Soldier in Her Ma- ^"^""^^ jes^s or the Ecut India Company's Service, unless he shall, ^^ within One Calendar Month after such Apprentice shall have left his Service, go before some Justice and take the Oath men* tioned in the Schedule to this Act annexed, and produce the Certificate of such Justice of his having taken such Oath, which Certificate such Justice is required to give in the Form in the Schedule to this Act annexed ; and unless such Apprentice shall have been bound, if in Engloandy for the full Term of Seven Years, not having been above the Age of Fourteen

when

09 C^Prflt JKWV- SYien

v)|ei9 fo bpwd, nnd, if in /NtoMf OP ip tb^ J|ri/|iA lale^, fbr dm fyi T#'m of Five Yev» ftt tb^ least not haying be^n ftbovci Ibe Agf pf Sixt^n wbei) 9Q bound, andi if in tSc^ion^ for the

fwU Term at 1^9#t of Four Years, by ft regular OoBtraet o?

iiidenture of Apprenticesbipi di|ly wiejndedi nigned, imd tosttfif imcl binding on both Parties bv the I^w of Sfootkmdt pripv tq tbe Peripd of ^listmept, and pn W suob Qoptra^t pr Indei|tni«t in S^oikft^ sbaU» witbiQ Tbf^ Months after the CQn^inefi^enient ef the Apprenticeship and before the Period of Efilistment» bav^ been prod»e^ tP « Justiee of the Peao^ of the Cpunty ifl jSMil^ wherein th# Partjea r^i4^> and ther^ ^hall have been end^rmid thereon by sui^b Justice a Certif}qate or Deolaiatioii signed by biiPt apwifying tbp Date wjien and the Person by wnP>n suob C!ontraot or Indenture AbaU bav? be§n 90 produced^ wbi^b Certificate or Peclaration sq^h Justipe pf the Peaee I9 her^fc^ reqnired to endorse and sign 1 and unless sQch Appren-r tiee sWlf when claimed by auph Master, be under Twenty«ione Years of Atte; provided that any Master of an Api^'entiee indentured for the 3ea Sprvice shall be entitled to claim and recover him in tbp Form and Manner above directedi noCf^ withstanding speb Apprpntipe may b^ve been bound for a less Term than Spveui Five, or Fonr Year« aa aforesaid; and any such Master who shall give up the Indentures of Appren-* ticesbip within One Month after the enlisting pf spch Apprentice yball be enfitipd to receiyp to his own Use so much of the Bounty payal^e to suph Reprnit, after deducting therefrom Two (juineaa to provide bim with Necessaries, a§ shall npt have bpen paid to such Recruit befpre Notice given of his being an Apprentice^ FunMlipi^ nf ^IflVt And be it enactedi That no Apprentaoe claimed by AppwuiMR bifl Mlister shall be tajcen from any Ck)rps or Recruiting Party ^ " but pnder a Warrant of a Justice residing near and within whose

Jiirifdiotian such Appi^entice shall then happen tQ be, before whom be shall be earri^ and such Justice shall inquire into tbp Matter upon Oati^ which Oath hp is hereby empowered to administer, and shall require the Production and Proof pf the Judpnture, and that Notice pf the said Warrant has been given to the Cpmmanding 0$e(^r, and a Ck>py therepf left with some Officer pr Nourconunissipned Oftcer of the Party, and that such Person so enlisted declaf ed that he was no Apprentice ; and such Justioe^if r^uirpd by spch Ofllcpr pr Non-commissioned Ofliper, shall commit the Offender to the Common Gaol of the said Place, and shall keep the Indenture tp be produced when ypquirpdf and shall bind pv^ such Pprson a^ be may think proper tp give Evidence against the Offender, who shall be tried at the UP^t pr at the Spssipna immediately succeeding the next General 9r Quarter Spssipns of thp Cpunty, Division, pr Place, unless the Court shall on just Cau#e put pff the Trial i and the Pro« duption of the Indenture, with the Certificate of the Justices that the sanm wa# provpdi shall be fiufieient Evidence of the said Indf nture 1 anci Qv^y gucb Oflfender, in Sfiotkaylf may be

tried

l^- Mutb^ Cap, 6^ 91;

fried by the Jfi4ge Ofdipaiy m the County .or St^wnrtiy, in web imd the )ik^ M^nnf p ^ my Person imy be tHed in ScaSoMd for my Q^nce Dpt ipferring a Capita) Piinisbmei^t ; pioyided that any Justice pot required p$ aforesaid tp commit such Apprentice may deliver him to his Master.

XLV, And be it enacted* That Mystery ^haU be t^ken Mwt«fi,iBd of every Regiment, Troopi or Company in Her M^esty'^ a^mJ^ Service^ twice at le^t in every Year, at such Times as shall be appointed; and no Soldier shall be absent from such Musters uplesf properly certified (o be employed on some other Duty of the Regiment, or tp be sick, or in Prison* or on Furlpygb; and eveiy Person who shall give or procure to be

E'ven any untrue Certificate whereby to excuse any Soldier ^r his Absence from any Muster or any other Servu:e which be onght to attend or perform, or shall make any £Edse or untme Muster of Man pr Horse, or shall wittingly or willingly jdlow or sign the Muster Roll wherein such raise Muster ic coptaineds or any Duplicate thereof, or who ^hall directly or indirectly take or cause to be taken any Money or Gratuify fi)r mustering any Soldiers, or for signing any Muster Rolls or Duplicates thereof or shall hnowingly muster any Person by a wrong Name^ upon Proof thereof upon Oath made by Two Witnesses before a General Court-martial, shall for suph Offence h^ fprthwitb cashiered, and shall be thereby utterly disabled to have or held any Civil or Military Omce qr Employment within the United Kingdom of Gr^ SriUm and Jrdond^ or in Her Majesty's Service; and if the Person giving such untrue Certificate shall not have any Military Commission be shall forfeit for every such Offence the Suni of Fifty Pounds; and any Perspn who shall falsely he mastered or offer himself to be mustered, or lend or ffimiah any Horse to be fyiwdy mustered, phall, upon Oath made by Two Witnesses beSofe spme Jnstiqe of the Peace residing near the Plaee where such Muster shall be made, forfeit the Sum of Twenty Ppunds ; and the Informer, if he belongs to Her M^kjest/s Servip^ shall, if he demand it, be forthwith discharged.

X]^VI. And be it enacted. That any Soldier whq shall abseni Forfeiture of himself without I^eave, or whip shall desert, shall, on Cpnviction ^*^' by a General or other Qourt-miM^tial, in addition to any Punish-9 ment awarded I^ 3uch Court, forfeit hi^ Pay for the D^ys op whiqh he has se absented himself without ]Jeave, or on which he has beep absent by sucli DesertioPi and that no Soldier shall be entitled \o Pay pr to reckon Service towards Pay or Pep^on vhen in Confinement under any Sentence of any Couirt, or during ai^y Absence from Puty by Conmiitment under the Civil Power op a Charge of any Offence cpgnizable bv i| Civil pr a Crinnnal Conrt, or by reason of any Arrest fpr I/ebt or as a Prisoner of War, or while ip Confinement under any Chaige of which he shall afterwards be convicted ; and jf any Soldier shell Absent himself withput I^eave for any Period pot exceeding fiv^ DayPi §nd phidl not aaeount ^f the same tp

the

32

Cap«6«

MuHny.

3 Vict-

Extcnaon of Furlough in of Sick-

Marching Mon^ on Diseharge.

the Satis&ction of the G>niinandinfi^ Officer, it shall be lawful for the said Coipmanding Officer (if he shall think fit) to order and direct that, in addition to such other Punishment as he has Authority to inflict, such Soldier shall also suffer Forfeiture of his Pay for the Day or Days on which he has so absented himself, and thereupon such Pay shall be forfeited, and such Soldier shall not be liable to be afterwards tried by a Court- martial for the said Offence ; provided that any Soldier who shall be so ordered to forfeit his Pay shall have a Right to insist on being tried by a Court-martial for his Offence instead of submitting to such Forfeiture ; and provided also, that any Soldier acquitted of any Offence for which he had been com- mitted shall, upon Return to his Duty in his Corps, be entitled to receive all Arrears of Pay growing due, and to reckon Ser- vice during his Absence or Confinement ; and upon rejoining Her Majesty's Service from being a Prisoner of War due Inquiry shall be msule by a Court-martial, and if it shall be proved to the Satisfaction of such Court that the said Soldier was taken Prisoner without wilful Neglect of Duty on his Part, and that he hath not served with or under or in any Manner aided the Enemy, and that he hath returned as soon as possible to Her Majesty's Service, he may thereupon be recommended by such ' Court to receive either the Whole of such Arrears of Pay, or a Proportion thereof, and to reckon Service during his Absence ; provided that it shall be lawful for Her Majesty's Secretary at War to order or withhold the Payment of the Whole or any Part of the Pay of any Officer or Soldier during the Period of Absence by any of the Causes aforesaid.

XLVII. And be it enacted, That when there shall not be any Military Officer of Rank, not inferior to Captain, or any Adjutant of Regular Militia, within convenient Distance of the Place where any Non-commissioned Officer or Soldier on Furlough shall be detained by Sickness or other Casualty rendering necessary any Extension of such Furlough, it shall be lawful for any Justice who shall be satisfied of such Necessity to grant an Extension of Furlough for a Period not exceeding One Month; and the said Justice shall immediately certify such Extension, and the Cause thereof, to the Commanding Officer of the Corps or Detachment to which the Man belongs, if known, and if not, then to the Agent of the Regiment, in order that the proper Sum may be remitted to the Soldier, who shall not during the Period of such Extension of Furlough be liable to be treated as a Deserter; provided that nothing herein contained shall be construed to exempt any Soldier from Trial and Punishment, according to the Provisions of this Act, for any false Representation made by him in that Behalf to the said Justice, or for any Breach of Discipline committed by him in appljring for and obtaining the said Extension of Furlough.

XLVin. And be it enacted, That every Soldier entitled to his Discharge shall, if then serving abroad, be sent, if he

shall

1640. MtOiny. Cap. 6. 83

shall 90 require it, to Oreai Britain or Ireland free of Expence, and shall be entitled to receive Marching Money from the Place of his being landed (or, if discharged at home, shall receiTe Marching Money from the Place of his Di^harge,) to the Parish or Place in which he shall have been originally enlisted, or at which he shall at the Time of his Discharge decide to take up his Residence, such Place not being at a greater Distance firom the Place of his Discharge than the Place of his original Enlistment

XLIX. And be it enacted. That all Commissaries upon ConmiHMrics making up their Accounts, and also upon returning froni any ^ **^^ '^^ Foreign Service, shall make the Declaration described in the *^"°^ Schedule to this Act annexed ; which Declaration, if made in any Part of the United Kingdom, shall be made before some Jnstioe, and if made on Foreign Service, before the Officer commanding in chief, or the Second in Command, or the Quarter Master or Deputy Quarter Master General or any Assistant Quarter Master General of the Army to which he shall be attached* who shall respectively have Power to admi- nister and receive the same.

L. And be it enacted. That no Secretary at War, Paymaster inue of Pbj of General of the Army, Paymaster, or any other Officer what- **^ ^""y- soever, or their under Officers, shall receive any Fees or make any Deductions whatsoever out of the Pay of any Officer or Soldier in Her Majesty's Armv or from their Agents, which shall grow due from and after the Twenty-fifth Day of April One thousand eight hundred and forty, other than the usual Deductions, or such other necessary Deductions as shall from Time to Time be required by Her Majesty's Regulations, or by Her Majesty's Order signified by the Secretary at War ; and every Paymaster or other Officer havinff received any Officer's or Soldier's Pay, who shall unlawfully detain the same for the Space of One Month, or refuse to pay the same when it shall become due, according to the several Rates and agreeably to the several Regulations established by Her Majesty's Orders, shall, upon Proof thereof before a Court-martial, be discharged fit>m his Employment, and shall forfeit One hundred Pounds, and the Informer, if a Soldier, if he demand it, shall be dis- charged from any further Service; provided that it shall be lawful for Her Aiajesty's Secretary at War to give Orders for withholding the Pay of any Officer or Soldier^ for any Period during which such Officer, Non-commissioned Officer, or Soldier shall be absent without Leave, or improperly absent from his Corps and from his Duty ; or, in case oi any Doubt as to the proper Issue of Pay, to withhold it from the Parties aforesaid until Her Majesty's Orders shall have been signified by the Secretary at War,

LI. And for enforcing a prompt Observance of the Rules Penalty for and Orders for the due Appropriation of the public Funds F^^l^!^^ applicable to Army Services, and in order that a true and '^^***^"' regular Account may be kept and rendered by the Agents for the several Corps, be it enacted. That the said Agents are [No. 3. iVi«f 2d.] C hereby

■/

84

Cap. 6.

Mutiny.

8 Vict

How and where Troopemay be bflletted.

6 Ann. (L)

bereby required to observe sucb Orders as shall from Time to Time be given by Her Majesty under Her Sign Manual, or by the Secretary at War, or by Her Majesty's Chief Governor or Governors of Irdand, or by the Lord Treasurer or Commis* sioners of the Treasury ; and if any Person, being or having been an Agent, shall refuse or neglect to comply with sucn Orders in relation to his Duty as Agent, or shall unlawfully withhold or detain the Pay of any Officer or Soldier after the Space of One Month after the Receipt thereof, he shall ibr the First Ofience forfeit the Sum of One hundred Founds; and, if still an Agent, for the Second Offence be discharged from his Employment as an Army Agent, and be utterly disabled to have or hold such Employment thereafter; or, if he shall have ceased to be an Army Agent, shall for the Second and every succeeding Offence forfeit the Sum of Two hundred Pounds.

LH. ^ And whereas by Petition of Right in the Third Year of King Charles the First, it is enacted and declaredi that the People of the Land are not by the Laws to be burthened with the sojourning of Soldiers against their Wills; and by a Clause in an Act of the Parliament of England^ made in the Thirty- first Year of the Reign of King Charles the Second, for granting a Supply to His Majesty of Two hundred, and six thousand four hundred and sixty-two Pounds Seventeen Shillings and Three-pence, for paying and disbanding the Forces, it is declared and enacted, that no Officer, Civil or Military, nor other Person whosoever, should llienceforth presume to place, quarter, or billet any Soldier upon any Subject or Inhabitant of this Realm, of any Degree, Quality, or Profession whatsoever, without his Consent^ and that it shall be lawful for any Subject or Inhabitant to refuse to quarter any Soldier, notwithstanding any Warrant or Bil- letting whatsoever! And whereas by an Act passed in Ireland in the Sixth Year of the Reign of Queen ^jmcy intituled An Act to prevent the Disorders that may happen ly Ae marehing of Soldiersj and providinff Carriages for ihe Baggage of Soldiers on their Marchy it was enacted, that no Officer, Soldier, or Trooper in the Army, nor the Servant of any Officer, nor any Attendant on the Train of Artillery, should at any Time thereafler be allowed any Quarters in any Part otirdandj save only during such Time as he or they should be and remain in some Seaport Town in order to be transported, or during such Time as there should be any Commotion in any Part oflrelandy by reason of which Emergency the Army should be commanded to march from any Part of Irdqnd to another : But forasmuch as at this Time» during the- Continuance of this Act, there is and may be Occasion for the marching and quartering of Regiments, Troops, and Companies in several Parts of the United Kingdom of Great Britain and Ireland^* be it enacted. That it shall be lawful for all Constables of Parishes and Places^ and other Persons specified in this Act, in England

and

1840. Mutiny. Cap«6« 35

and heUmd^ and they are hereby required, to billet the Officers and Soldiers in Her Majesty's Service^ and Persons receiving Psy in Her Majesty's Army, and tlie Horses belonging to Her Majesty's Cavalry, and also all Staff and Field Officers Horses, and all Bat and Baggage Horses belonging to any of Her Majesty's other Forces, when on actual Service, not exceeding for each Officer the Number for which Forage is or shall be allowed by Her Majesty's Regulations, in Victualling Houses and other Houses specified in this Act (taking care in Ireland not to billet less than Two Men in any One House, except only in case of billetting Cavalry as specially provided) ; and that thev shall be received by the Occupiers of such Houses in which they are so allowed to be billetted, and be furnished by sodi Victuallers with proper Accommodation in such Houses, or if any Victualler shall not have sufficient Accommodation in the House upon which a Soldier is billetted, then in some good and sufficient Quarters to be provided by such Victualler in tlie inunediate Neighbourhood, and in Engbmd with Diet and Small Beer, and with Stables, Hay, and Straw for such Horses as afore- said, paying and allowing ror the same the several Rates herein- after provided ; and at no Time when Troops are on a March shall any of them, whether Infantry or Cavalry, be billetted above One Mile from the Place mentioned in the Route ; and in all Places where Cavalry shall be billetted in pursuance of this Act, the Men and their Horses shall be billetted in one and the same House, except in case of Necessi^; and in no other Case whatsoever shall there be less than One Man bil- letted where there shall be One or Two Horses, nor less than Two Men where there shall be Four Horses, and so in pro- portion for a greater Number; and in no Case shall a Man and his Horse be billetted at a greater Distance from each other than One hundred Yards; and the Constables are herebv required to billet all Soldiers and their Horses on their March in a just and equal Proportion upon the Keepers of all Houses within One Mile of the Place mentioned in the Route, although some of such Houses may be in the adjoining Coun^, in like Manner in every respect as if such Houses were locally situate within such Place; provided that nothing herein contained shall be construed to extend to authorize any Constable to billet Soldiers out of the County to which such Constable belongs, when the Constable of the adjoining County shall be present and undertake to billet the due Proportion of Men in such adjoining County; and no more Billets shall at any Time be ordered than there are effective Soldiers and Horses present to be billetted; all which Billets, when made out by snch Constables, shall be delivered into the Hands of the Com- manding Officer present ; and if any Person shall find himself aggrieved by having an undue Proportion of Soldiers billetted in bis Mouse^ and shall prefer his Complaint, if against a Cbnstable or other Person not being a Justice^ to One or more Justices, and if against a Justice, then to Two or more Justices^ within whose Jurisdiction such Soldiers are billetted,

C 2 such

36 Cap. 6. Mutiny. 3 Vict.

such Justices respectively shall have Power to order such of the Soldiers to be removed, and to be billetted upon other Persons, as they shall see Cause; and when any of Her Majesty's Cavalry or any Horses as aforesaid shall be billetted upon the Occupiers of Houses in which Officers or Soldiers ' may be quartered by virtue of this Act, who shall have no Stables, then and in such Case, upon the written Requisition of the Commanding Officer of the Regiment, Troop, or De- tachment, the Constable is hereby required to billet the Men and their Horses, or Horses only, upon some other Person or Persons who have Stables by this Act liable to have Officers and Soldiers billetted iipon them ; and upon Complaint being made by the Person or Persons to whose House or Stables the said Men and Horses shall have been so removed to Two or more Justices within whose Jurisdiction such Men or Horses shall be so billetted, it shall be lawful for such Justices to order a proper Allowance to be paid by the Person relieved to the Persons receiving such Men and Horses, or to be applied in furnishing the requisite Accommodation; and Commanding Officers may exchange any Man or Horse billetted in any Place with another Man or Horse billetted in the same Place, for the Benefit of the Service, provided the Number of Men and Horses do not exceed -the Number at that Time billetted on such Houses ; and the Constables are hereby required to billet such Men and Horses so exchanged accordingly; and it shall be lawful for any Justice, at the Request of any Officer or Non-commissioned Officer commanding any Soldiers re- quiring Billets, to extend any Routes or enlarge the Districts within which Billets shall be required, in such Manner as shall appear to be most convenient to the Troops; provided, that, to prevent or punish all Abuses in billetting Soldiers, it shall be lawful for any Justice within his Jurisdiction, by Warrant or Order under his Hand, to require any Constable to cive him an Account in Writing of the Number of Officers and Soldiers who shall be quartered by such Constable, toge- ther with the Names of the Persons upon whom such Officers and Soldiers are billetted, stating the Street or Place where such Persons dwell, and the Sign, if any, belonging to those Houses ; and it shall be lawful to billet Officers and Soldiers in Scotland according to the Provisions of the Laws in force in Scotland at the Time of its Union with England; and no Officer shall be obliged to pay for his Lodging where he shall be re- . gularly billetted, except in the Suburbs of £(2tni«r^A, BiDetting the LHL And be it enacted. That the Officers and Soldiers of

SlTwiSiSl ^^"^ Majesty's Foot Guards shall be billetted within the City

and Liberties of Westminster^ and Places adjacent, lying in the County of Middlesex (except the City of London) and in the County of Surrey^ and in the Borough of Southwarh^ in the same Manner and under the same Regulations as -in other Parts of Englandj in all Cases for which particular Provision is not made by this Act; and the High Constable shall, on Receipt of the Order for billetting Soldiers, deliver Precepts

to

1840. Mutiny. Cap. 6. 37

to the several Constables within their respective Divisions, in parsuance of which the said Constables shall billet such Officers and Soldiers equally and proportionally on the Houses subjected diereto by this Act ; and the said Constables shall at every General Sessions of the Peace to be holden for the said City and Liberties, Counties and Borough respectively, make ana deliver to the Justices then in open Session assembled, upon Oath, which Oath the said Justices are hereby required to administer, Lista^ signed by them respectively, of the Houses subject by this Act to receive Officers and Soldiers, together with the Names and Rank of all Officers and Soldiers billetted on each respectively, which Lists shall remain with the respec- tive Clerks of the Peace for the Inspection of all Persons, without Fee or Reward ; and such Clerk shall forthwith from Time to Time deliver to any Persons who shall require the same true Copies of -any such Lists, upon being paid Two-pence per Sheet for the same, each Sheet to contain at the least One hundred and fifty Words.

LIV. And be it enacted. That no Justice having or exe- Military OiB- cuting any Military Office or Commission in any Part of the oen oot to act United Kingdom shall, directly or indirectly, be concerned in JJuJ^S^"* the biiietting or appointing Quarters for any Soldier in the Regiment, Troop, or Company under the immediate Com- mand of such Justice, but that all Warrants, Acts, or Things so appointed by such Justice for or concerning the same shall be void.

LV. And be it enacted. That the Innholder or other AllowuiMto Person on whom any Soldier is billetted in England shall, if Inn^Mpm- required by such Soldier, furnish him for every Day on the March, and for a Period not exceeding Two Days when halted at die intermediate Place upon the March, and for the Day of the Arrival at the. Place of final Destination, with One hot Med in each Day, the Meal to consist of such Quantities of Diet and Small Beer as may be fixed by Her Majesty's Regulations, not exceeding One Pound and a Quarter of Meat previous to being ' dressed. One Pound of Bread, One Pound of Potatoes or other Vegetables, and Two Pints of Small Beer, and Vinegar, Salt, and Pepper, and for such Meal the Innholder or other Person furnishing the same shall be paid the Sum of Ten-pence; and all Innholders and other Persons on whom Soldiers may be billetted in England^ except when on the March, and entitled to be furnished with the hot Meal as aforesaid, shall furnish such Soldier with Candles, Vinegar, and Salt, and shall allow them the Use of Fire, and the necessary Utensils for dressing and eating their Meat, and shall be paid in consideration thereof the Sum of One Halfpenny ;7fr Diem for each Soldier; and the Sum to be paid to the Innholder or other Person on whom any of the Horses belonging to Her Majesty's Forces shall be bSl^tted, in Englani^kr Hay and Straw, shall be Ten-pence /Mr Diem for each Horse, and in Ireland the Sum to be paid for Forage to the Innholder or other Person for Horses billetted by virtue of this* Act shall be the Rate established by the Lord

C 3 Lieutenant

ae

C^6.

!&(%.

8 Vict.

Definition of Terms.

Powers and Regulations as to Bilk'tx.

LieaCemuit or other suiBcient Authority from Time to the same to be radiated by the average Rate of Contracts for JForage in Lrdand; and for the Use of Stables in Irdamdy when snch Horses are provided with Hay and Straw by Ccmtiaety and not by the Occupiers of the Houses on which they are billetted, the Sum of Four^pence per Week for each Horse shall be paid ; and every Officer to whom it belongs to receive or who does actually receive the Pay for any Officers or Soldiers shall every Four Days, or before they shall quit their Quarters if they shall not remain so long as Four Days^ settle the just Demands of all Victuallers or other Persons upon whom such Officers and Soldiers are billeited, out of their Pay and Sub- sistence! before any Part of the said Pay or Subsistence be distributed to them respectively ; and if any Officer as aforesaid shall not pay the same^ upon Complaint, and Oath made thereof by any Two Witnessesi at the next Quarter Sessions for the County or City where such Quarters were situated, the Secre- tary at War b hereby required (upon Certificate of the Justices before whom such Oath was made of the Sum due upon such Account^ and the Persons to whom the same is owing,) to give Orders to the Regimental Agent to pay the said Sums, and to charge the same against sudi Officers; and in case of any Soldier being suddenly ordered to march, and that the respective .Commanding Officers are not enabled to make Payment of the Sums due for the Lodging of the Men and Stabling for the Horses, every such Officer shall, before his Departure^ make up the Account with every Person upon whom such Soldier may have been billetted, and sign a Certificate thereof; which Account and Certificate shall be transmitted to the Agent of the Regiment, who is hereby required to make immediate Payment thereof, and to cliarge the same to the Account of such Officer.

LVL And be it enacted, That all the Powers and Provisions in this Act contained relating to England shall be construed to extend to Woks and the Town of BeruAchrttpat^Tweed ; and all Powers and Provisions relating to the British Isles shall be construed to extend to Guenuet/f Jeneg^ Mdemey^ SorA, and ilan, and all Isles thereto and to Enghmd and Ireland belong- ing; and all Powers and Provisions relating to Soldiers shsul be construed to extend to Non-commissioned Officers, unless when otherwise provided; and all Powers and Provisiona relating to Justices shall be construed to extend to all Magis- trates authorized to act as such in their respective Jurisdictions^ and to Chief Magistrates of exclusive local Jurisdictions; and all the Powers given to and Regulations made for the Conduct of Constables in relation to the billetting of Officers and Soldiers, and all P^ialties and Forfeitures for any N^lect thereof, shall extend to all Tithingmen, Headborouffhs, and such like Officers, and High Constablea and other Chief Officers and Magistrates of Cities, Towns, Villages, Hamlets, Pari^es, and Places in England and Ireland^ who shall act in the Execu- tion of this Act in relation to billetting ; and all Provisions for

blletting

1846. JCMr%. Ci^e. S6

Inlleltiiig Offioen and SoMten in Victudling Houses shall ertend and apply to all Inn% Livery Stables, Alehouses, and to the Houses of SeUers of Wine by Retail, whether Britiah or Foreign, to be drank in their own Houses, or Places thereunto bdonging, and to all Houses of Persons selling Brandy, Strong Waters, Cider, or Medieglin, by Retail, in England and Irehmd ; and in Irdemdi when there shall not be found sufficient Room in such Houses, then to billetting Scoters in such Manner as has been heretofore customary; provided that no Officer or Bzemptioiis Soldier shall be billetted in EngUmd in any private Houses, or ^'^ ^^^ in any Canteen hdd or occupied under the Authority of the Ordnance Department, or upon Persons who keep Taverns only, being Vintners of the City of London^ admitted to their Freedom of the said Company in right of Patrimony or Ap- prenticeship, notwithstanding such Persons who keep such Taverns only have taken out Victualling Licences, nor in the Houses of any Distiller kept for distilling Brandy and Strong Waters, nor in the House of any Storekeeper whose principal Dealing shall be more in other Goods and Merchandise than in Brandy and Strong Waters, so as such Distillers and Shop- keepers do not permit Tippling in sudi Houses, nor in the House of Residence in any Part of the United Kingdom of any Foreign Consul duly accredited as such.

LVn. And be it enacted, That for the regular Provision Supply of of Carriages for Her Majestys Forces, and their [Baggage in CMriag** tiieir Marches, in England and Ireland^ all Justices of the Peace ' within their several Jurisdictions, being duly required there* unto by an Order 6om Her Majesty, or the General of Her Fofces, or the Master General or Lieutenant General of Her Majesty's Ordnance^ or other Person duly authorised in that Behalf shall, on Production of such Order to such Justices by some Officer or Non-commissioned Officer of the Regiment so ordered to march, issue a 'Warrant to any ConstaUe having Authority to act in any Place from, through, near, or to which die Troop shall be ordered to march, (for each of which Warrants the Fee of One Shilling only shall be paid,) requiring bnn to provide the Carriages, Horses, and Oxen, and Drivers therdn mentimied, and allowing suffici^it Time to do the same, specifying the Places from and to which the said Carriages shall travel, and the Distance between the Places, for whidi Distance only so specified Payment shall be demanded, and which Distance shall not, except in Cases of pressing Eoieigency, exceed a Day's March prescribed in the Order of Route, and shall in no Cases exceed Twenty^five Miles ; and the Constables receivii^ such Warrants shall order such Persons as they shall think proper, baring Carriages, to furnish the requisite Supply, who are hereby required to furnish the same accordingly; and when suflicient Carriages cannot be procured within the proper Jurisdiction^ any Justice of the neait adjoining Jurisdiction shall, by a like Course of Proceedii^ sopply the JJe&tmicy ; and in order that the Burthen of pro- viding Carriage may fidl equally, and to prevent Inconvenience

C 4 arising

40 Capb6. Jlftffii^. 3Vit^-

arising from there being no Justice near the Place where Troops

may be quartered on the March, any Justice residing nearest

to such Flace may cause a List to be made out once in every

•Year of all Persons liable to furnish such Carriages, and of

the Number and Description of their said Carriages, (whidi

lasts shall at all seasonable Hours be open to the Inspection of

the said Persons,) and may by Warrant under bis Hand

authorize the Constable within his Jurisdiction to give Orders

to provide Carriages, without any special Warrant for that

Purpose^ which Orders shall be valid in all respects; and all

Orders for such Carriages shall be made from such Lasts in

r^ular Rotation, as far as the same can be done.

Rates to be LYHL And be it enacted. That in every Case in which the

J?jf^^"' whole Distance for which any Carriage shall be impressed shall

Modeofpxo- be under One Mile the Rate of a full Mile shall be piud;

ceeding. and the Rates to be paid for Carriages impressed shall be, in

England^ for every Mile which a Waggon with Four or more Horses, or a Wain with Six Oxen, or Four Oxen and Two Horses, shall travel. One Shilling; and for every Mile any Waggon with narrow Wheels, or any Cart with Four Horses^ carrying not less than Fifteen Hundred Weight, shall travel. Nine-pence; and for every Mile any other Cart or Carriage with less than Four Horses, and not carrying fifteen Hundred Weight, shall travel. Sixpence; and in IrAmdi for every Hundred Weight loaded on any Wheel Carriage, One Half- penny per Mile ; and in EngUmd such ftirther Kates may be added, not exceeding a total Addition per Mile of Four-pence, Three^pence^ or Two*pence, to the respective Rates cf One Shilling, Nine-pence, or Sixpence^ as may seem reasonable to the Justices assembled at General Sessions for their respective Districts, or to the Recorder of any Municipal City, Borough, or Town, Corporate or not Corporate; and the Order of suMsh Justices or Recorder at Sessions shall specify the avera^ Price of Hay and Oats at the nearest Market Town at the Time of fixing such additional Rates, the Period for which the Order shall be enforced not exceeding Ten Days beyond the next General Sessions ; and no such Order shall be valid unless a Copy thereof signed by the presiding Magistrate and One other Justice, or by the Recorder, shall be transmitted to the Secretary at War within Three Days after the making thereof; and also in Englandj when the Day's March shall exceed Fifteen Miles, the Justice granting his Warrant may fix a further reasonable Compensation, not exceeding the usiud Rate of Hire fixed by thi^ Act ; and when any additional Rates or Compensation shall be granted, the Justice shdl insert in his own Hand in the Warrant the Amount diereof, and the Date of the Order of Sessions, if fixed by Sessions, and the Warrant shall be givei to the Officer commanding as his Voucher; provided that the Officer or Non-commissioned Officer demand- ing Carriages by virtue of the Warrant of a Justice shall, in Englmd^ pay the proper Sums into the Hands of the Constables providing .Carriages, who shall give Receipts for the same on

unstamped

1640. Muiimf. Cap.6« 41

unstamped Paper; and, in Irdandf the OflSoers or Non-com- missioned Officers a» aforesaid slmU pay to the Owners or Drirers of the Carriages ; and One Third rart of such Payment shaD be made before the Carriage be loaded, and all the said Pkymenis in Ireland shall be made, if required, in the Presence of a Justice or Constable ; provided that no Carriage shall be liable to carry more than Thir^ Hundred Weight in EmgUmd^ and in Irdcmd no Car shall be liable to carry more than Six Hundred Weight, and no Dray more than Twelve Hundred Weight; but the Owner of such Carriages in Ireland consenting to cany a greater Weight shall be paid at the same Rate for every Hun£red Weight of the said Excess; and the Owners of such Carriages in Ireland shall not be compelled to proceed, though with any less Weight, under the Sum of Three-pence a Mile for each Car and Sixpence a Mile for each Dray; and the Loading of such Carriages in Ireland shall be first wd^ed, if required, at the Expeuce of the Owner of the tlarriage, if the same can be done in a reasonable Time, without Hindrance to Her Majesty's Service ; and the providing and

Eying for Carriages in Seodand shall be regulated by the iw in force at the Time of the Union with Enff land ; jroTided thatm Cart with One or more Horses, for which the Furnisher shall reoeiye Nin^pence a Mile, shall be required to carry Fifteen Hundred Weight at the least; provided that no Penalties or Forfeitures in any Act relating to Highways or Turnpike Roads in the United Kingdom shall apply to the Number of Horses and Oxen, or Weight of Loading of the aforesaid Carriages, which shall not on that Account be stopped or detained; and whenever it shall be necessary to impress Car- riages for the March of Soldiers from Dublin^ at least Twenty- four Hours Notice of such March, and in case of Emergency as long Notice as the Case will admit, shall be given to the Lord Mayor of DuMtn, who shall summon a proportional Number of Cars and Drays, at his Discretion, out of the licensed Cars and Drays and other Cars and Drays within the County of the said City, and they shall by Turns be employed on this Do^, at the Prices and under the Regular tions herein-before mentioned; and no Country Gars, Ih«ySi or other Carriages coming to Markets in Ireland shall be detained or employed against the Will of the Owners in cariying the Baggage of the Army on any Pretence what- soever.

LIX. And be it enacted, That it shall be lawful for Her Supply of Car- Majesty, or the Lord Lieutenant or Chief Governors of ^f&I^J^!? hrdand, by Her or their Order, distinctly stating that a Case ^'^**™^' of Emergency doth exist, signified by the Secretary at War, or, if in Irdaadj by the Chief Secretary or Under Secretary, or the First Clerk in the Military Department, to authorize any General or Field Officer commanding Her Majesty's Forces in any District or Place, or to the Chief Acting Agent for the Supply of Stores and Provisions, by Writing under his Hand, reciting such Order of Her Majesty or Lord Lieutenant or

Chief

42 Gftp.6. Mutit^. 3Vicr.

Chief Governor aforesaidt to require all Jusdoes within their several Juriadictions in England and Ireland to issue their Warrants for the Provision not only of *Waggon8» Wains, Carts, and Cars kq[>t by or bdonging to any Person and for any Use whatsoever, but also of Saddle Horses, Coaches, Post Chaises, Chaises, and other Four-wheeled Carriages kept for Hire, and also of Boats, Barges, and other Vessds used for the Transport of any Commodities whatsoever upon any Canal or Navigable River, as shall be mentioned in the said Warrants, therein specifying the Place and Distance to which such Carriages or Vessels shall go; and on the Production of such Requisition to such Justice by any Officer of the Corps ordered to be conveyed, or by any Officer of the Commissariat or Ordnance Department, such Justice shall take all the same Proceedings in regard to such additional Supply so required on the said Emergency as he is by this Act required to take for the ordinary Provision of Carriages; and all Provisions whatsoever of this Act, as regards tlie procuring of the or- dinary Supply of Carriages, and the Duties of Officers and Non-commissioned Officers, Justices, Constables, and Owners of CaiTiages, in that Behalf, shall be td all Intents and Pur- poses applicable for the providing and Payment, according to the Rate of Posting or of Hire usually paid for such other Description of Carriages or Vessels so required on Emergency, according to the Length of the Journey or Voyage in each Case, but making no Allowance for Post Horse Duty, or Turnpike, Canal, River, or Lock Tolls, which Duty or Tolls are hereby declared not to be demandable for such Carriages and Vessels while employed in such Service or returning therefrom; and it shall be lawful to convey thereon, not only the Baggage, Provisions, and Military Stores of such Regiment or Detachment, but also the Officers, Soldiers, Servants, Women, Children, and other Persons of and belonging to the same. JinUoescm- LX« And be it enacted. That it shall be lawful for the

^T^^r Justices of the Peace assembled at their Quarter Sessions to tables for Sums direct the Treasurer to pay, without Fee^ out of the public eipended by Stock of the Couuty or Riding, or if such public Stock be ^^°*' insufficient, then out of the Monies which the said Justices shall

have Power to raise for that Purpose in like Manner as for County Gaols and Bridges, such reasonable Sums as shall have been expended by the Constables within their respective Jurisdictions for Carriages and Vessels, over and above what was or ought to have been paid by the Officer requiring the same, Regard being had to the Season of the Year and Con- dition of the Ways by which such Carriages and Vessels are to pass. Routes in LXL And be it enacted, That it shall be lawful for the

Ireland. 1^,.^ Lieutenant or other Chief Governor for the Time

being of Irdaaid to depute^ by Warrant under his Hand

and Seal, some proper Person to sign Routes in Cases

of Emergency, for the marching of any of Her Majesty's

* ' Forces

18M. MtOb^. Cap.6. 43

Eoraes in Irekmdf in the Name of sacfa Lord Lieutenant or Chief Govomor*

LXIL And be it enncted, That all Her Majeaty'f Oflfeers TbUt. and SoldierBy being in proper Staff or R^mental or Military Unibmiy Dress or Undresst and their Hones, (but not when passinff in any hired or private Vehicle^) and all Carriages and Horses belonging to Her Mqestyt or employed in Her Service, when conveying Persons or Baggage under the Pro- visions of this Act, or returning therefrom, and all Recruits marching by Route, shall be exempted from Payment of any Duties and Tolls on embarking or disembarking from or upon any Pier, Wharf, Quay, or Landing Place, or passing Turnpike Roads or Bridges, otherwise demandiU)le by virtue of any Act already passed or hereafter to be passed; and any Toll Col- lector who shall demand and receive Toll from any of Her Majes^s OflScers or Soldiers, they being in proper Staff or Regimental or Military Uniform, Dress or Undress^ or for their Horses, every such Toll Collector shall forfeit and pay any Sum not exoc^ing Five Pounds for every such Offence^ for which Forfeiture and Penaltv he shall be prosecuted before a Justice of the Peace; provided that nothing herein con- tained shall exempt any Boats, Barges^ or other Vessels employed in convejring the said Persons, Horses, Baggage, or Stores along any Canal, from Payment of Tolls, in like Manner as other Boats, Barges, and Vessels are liable thereto, except when employed in Cases of Emergency as herein-before enacted*

LXIU. And be it enacted, That when any Soldiers on Fenicfc Service have Occasion in their March to pass regular Ferries . in Seoikmdf the Officer commanding may at his Option pass ov^ with his Soldiers as Passengers, and shall pay for hionself and ^ach Soldier One Half only of the ordinary Rate pavable by single Persons, or may hire the Ferry Boat for himseli and his Party, debarring others for that Time, and shall in all such Cases pay only Half the ordinary Rate for such Boat.

LXI V. And be it enacted. That if any Constable or other PenaltMi upon ; Person, who by virtue of this Act shall be employed in billet* ^^^^^^^^ ting any Officers or Soldiers in any Part of the United agiinat'the Kingdom* shall presume to billet any such Officer or Soldier Lswt whring in any House not within the Meaning of this Act, without ^^j!^"^ the Consent of the Owner or Occupier thereof; or shall *'*™"*^ neglect or refuse to billet any Officer or Soldier on Duty, when thereunto required, in such Manner as is by this Act directed, provided sufficient Notice be given before the Arrival of such Troops; or shall receive^ demand, or agree for any Money or Reward whatsoever, in order to excuse any Person from receiving such Officer or Soldier; or shall quarter any of the Wives, Children, Men or Maid Servants of any Officers or Soldiers in any such Houses, against the Consent of the Occupiers ; or shall neglect or refuse to execute such Warrants of the Justices as shall be directed to him for providing Car- riages, Horses, or Vessels, or shall demand more than the lcipil Rates for the same ; or if any Person appointed by such

Cpnstable

44 Cap. 6. Mutiny. dVicr.

Constable to provide Carriages, Horses, or Vessels shall do any Act or Thing by which the Execution of such Warrants shall be hindered ; or if any Constable shall neglect to deliver in to the Justices at Quarter Sessions Lists of Officers and Soldiers of the Foot Guards quartered according to the Pro- visions of this Act, or shall cause to be ddivered defective Lists of the same ; or if any Person liable by this Act to have any Officer or Soldier quartered upon him shall refuse to receive and to affisrd proper Accommodation or Diet in the House in which such Officer or Soldier is quartered, and to furnish the several Things directed to be furnished to Officers and Soldiers, or shall neglect or refuse to furnish good and sufficient Stables, together with good* and sufficient Hay and Straw, for each Horse, at the Rate established by this Act, and in such Quanti- ties as shall be fixed by Her Majesty's Regulations, not exceed- ing Eighteen Pounds of Hay and Six Pounds of Straw per Dtem for each Horse ; or if any Innkeeper or Victualler not having good and sufficient Stables shall refuse to pay over to the Person or Persons who may provide Stabling such Allow- ance by way of Compensation as shall be directed by any Justice of the Peace, or shall pay any Sum or Sums of Money to any Soldier on the March in lieu of furnishing in Kind the Diet and Small Beer to which such Soldier is entitled; such Con- stable, Victualler, or other Person respectively shall forfeit for every such Offence, Neglect, or Refusal, any Sum not exceed- ing Five Pounds nor less than Forty Shillings. Penalties upon LXV. And be it enacted. That if any Military Officer shall the Military ao take upon himself to quarter Soldiers otherwise than is limited ° ^ '^' and allowed by this Act, or shall use or offisr any Menace or

Compulsion to or upon any Mayors, Constables, or other Civil Officers, tending to deter and discourage any of them from performing any Part of their Duty under this Act, or tending to induce any of them to do any thing contrary to their said Duty, such Officer shall for every such Offence (being thereof convicted before any Two or more Justices of the County by the Oath of Two credible Witnesses) be deemed and taken to be ipso Jado cashiered, and shall be utterly disabled to hold any Military Employment in Her Majesty's Service ; provided that a Certificate thereof shall be transmitted by one of the said Justices to the Judge Advocate in Londany who is hereby required to certify the same to the Commander in Chief and Secretary at War, and that the said Conviction be affirmed at some Quarter Sessions of the Peace of the said County held next after the Expiration of Three Months after such Cer- tificate of the Justice shall have been transmitted as aforesaid ; and if any Military Officer shall take, or knowingly sutler to be taken, any Money or Reward of any Person for- excusing the quartering of Officers or Soldiers, or shall billet any of the Wives, Children, Men or Maid Servants of any Officer or Sol- dier in any House, against the Consent of the Occupier, he shall, upon being convicted thereof before a General Court-martial, be cashiered ; and if any CMScer shall constrain any Carriage to

travel

1840. MuHny. Cap. 6. 45

travel beyond the Distance specified in the Justice's Warrant, or shall not discharge the same in due Time for their Return Home on the same Day, if it be practicable, except in the Case of Emei^ncy, for which the Justice shall have given Licence, or shall compel the Driver of any Carriage to take up any Soldier or Servant (except such as are sick) or any Woman to ride therein, except in Cases of Emergency as aforesaid, or shall force any Constable, by threatening Words, to provide Saddle Horses for himself or Servants, or shall force. Horses from their Owners, or in Ireland shall force the Owner to take any Loading until the same shall be first duly weighed, if the same can be done within reasonable Time, or shall, con- tnuy to the Will of the Owner or his Servant, permit any Person whatsoever to put any greater Load upon any Carriage than is directed by this Act, such Ofiicer shall forfeit for every Offence any Sum not exceeding Five Pounds nor less than Forty Shillings.

LXVL And be it enacted^ That any Person who shall Penalty on pur- milawfully have in his or her Possession or Keeping, or who cha«ng Soidien shall knowingly detain, buy, exchange, or receive from any ®<*'*"**^ ^• Soldier or Deserter, or any other Person, on any Pretence whatsoever, or shall solicit or entice any Soldier, or shall be employed by any Soldier, knowing him to be such, to sell any Arms^ Ammunition, Clothes, or Military Furniture, or any Pro- visions, or any Sheets or other Articles used in Barracks, provided under Barrack Regulations, or Regimental Neces- saries, or any Article of Forage provided for any Horses be- r longing to Her Majesty's Service^ or shall change the Colour of any Clothes as aforesaid, shall forfeit for every such Offence any Sum not exceeding Twenty Pounds, together with Treble Value of all or any of the several Articles of which such Offen- der shall so become possessed ; and if any Person having been so convicted shall afterwards be guilty of any such Offence, and shall be convicted thereof by One or more Justices of the Peace, e\*ery such Offender shall for every such Offence, in addition to the Forfeiture of Treble Value of all or any of the several Articles of which such Offender shall have so become possessed, be committed to the Common Gaol or House of Cor- rection, lliere to be imprisoned only, or to be imprisoned and kept to hard Labour for such Term not exceeding Six Calen- dar Months as the convicting Justice or Justices shall think fit; and upon any Information against any Person for a Second or any subsequent Offence a Copy of the Conviction, certified by the proper Officer having the Care or Custody of such Convic- tk)n, or any Copy of the same proved to be a true Copy, shall be sufficient Evidence to prove a Conviction of the former Offence; and if any credible Person shall prove on Oath before a Justice of the Peace, or Person exercising like Authority according to the Laws of the Part of Her Majesty's Dominions in which the Offence shall be committed, a reasonable Cause to suspect that any Parson has in his or her Possession, or on his or her Premises, any Property of the Description herein-before

described.

46

Cap. 6.

Mutiny.

3 Vict.

Penalty on unlawftil re- cruiting.

«.

Penalty oo trafficking in CommiMJom.

Penalty cm killing Gamfli

deseribedy on or with respect to which any such Offence shall have been committed, the Justice may grant a Warrant to search for SQch Property, as in the Case of stolen Groods: IVovided always, that it shall be lawful for the Legislature of each or of any of Her Majesty's Colonies, on the Recommendation of the Officer for the Time being administering the Government of any such Colony, but not otherwise, to nuike Provision by Law for reducing such pecuniary Penalty, if not exceeding Twenty Pounds, to such Amount as may to any such Legislature ap- pear to be better adapted to- the Ability and pecuniary Means of Her Majesty's Subjects, and others inhabiting the sam^ which reduced Penalty shall be sued for and recovered in such and the same Manner as the full Penalty hereby imposed : Pro- vided always, that it shall be competent to Her Majesty, or to the Person administering the Government of any such Colony on Her Majesty's Behalf, to exercise, in respect of the Laws so to be passed lis aforesaid, all such Powers and Autho- rities as are by Law vested in ^er Majesty or in any such Officer as aforesaid in respect of any other Law made or enacted by any such Colonial Legislature.

LaVIL And be it enacted, That all the Persons (except such Recruiting Parties as may be stationed under Military Command) who shall cause to be advertised, posted, or dis- persed Bills for the Purpose of procuring Recruits or Substitutes for the Line, Embodied Militia, or Bad India Company's Ser- vice, or shall open or keep any House, Place of Rendezvous, or Office, or receive any Person therein under such Bill or Advertisement, as connected with the Recruiting Service, or shall directly or indirectly interfere therewith without Per-' mission in Writing from the Adjutant General, or from the Directors of the East India Company, (as the Case may be,) shall forfeit for every such Offence the Sum of Twenty Pounds.

LXVHL And be it enacted. That every Person, not being an authorized Army Agent, who shall negociate or act as Agent for and in relation to the Purchase, Sale, or Exchange of any Commission in Her Majestv's Forces, shall forfeit for every such Offence the Sum of One hundred Pounds ; and every Person, whether authorized or not as an Army Agent, who shall receive any Money or Reward in respect of any such Purchase, Sale, or Exchange, or shall negociate or receive for any Purpose wliat- soever any Money or Consideration where no Price is allowed by Her Majesty's Regulations, or any Money or Consideration exceeding the Amount so allowed, shall forfeit On^ hundred Pounds, and Treble the Value of the Consideration where the Commission is not allowed to be sold, or Treble the Excess of such Consideration beyond the regular Price.

LXIX. And for the better Preservation of Game and Fish in or near such Places where any Officers shall at any Time be quartered, be it enacted. That every Officer who shall, without Leave in Writing from the Persons entitled to grant such Leave, take^ kill^ or destroy any Game or Fish in the United Kingdom of Qreat Britain and Irdand^ and upon Complaint thereof shall

bc^

1840. MmHi^ Cap.e. 47

be, upon Oath of One or more credible WitnesseB, convicted bdbre eot Justice, shall for every such OiTence forfeit the Sum of Five Pounds.

LXX. And be it enacted. That no Officer of Her Majest/s Officen not Forces residing in Barracks or elsewhere under Military Law liable to take shall be deemed liable to have any Parish Poor Child brand ^t'^J^^

.... ^ prenticcfl.

Apprenaoe to mm.

LXXL And be it enacted. That any Justice in the United Mode of re- Kingdom, within whose Jurisdiction any Soldier in the Regular cording a Sol- Army, or on the permanent Staff of the Militia, having a Wife ^>«'»«**^ or Child, shall be billetted, may summon such Soldier before "^" him in the Place where he is billetted, (which Summons he is hereby directed to obey,) and take his Examination in Writing, upon Oath, touching the Place of his last legal Settlement in Etiffland, and such Justice shall give an attested Copy of such Eaimination to the Person examined, to be by him delivered to his Commanding Officer, to be produced when required ; whidi said Examination and such attested Copy shall be at any Time admitted in Evidence as to such last l^al Settlement before any Justice or at any General or Quarter Sessions, although soch Soldier be dead or absent from the Kingdom ; provided that in case any Soldier shall be again summoned to make Oath as aforesaid, then, on such Examination or such attested Copv thereof being produced by him or by any other Penon on bis Behalf such Soldier shall not be obliged to take any other Oath with regard to his legal Settlement, but shall leave a Copy of such ijuimination, or a Copy of sudi attested Copy of Examination, if required.

LXXIL And be it enacted. That the Churchwardens of Notification to ev^ Parish in Enghmd and Irelandt and the Constables or Parishes of other Officers of every Parish or Place in Scotland^ on receiving ^^°^ **? a Notification from the Secretary at War of the Names of any soldiers. Soldiers belonging to the said Parish who have, for meritorious Conduct in the Army, received Her Majesty's special Appro- bation, or who, in consequence of Misconduct, have been dismissed Her Majesty's Service with Disgrace, shall affix SDch Notification on tlie Outside of the Door of the Church or Chapel belonging to such Parish or Place on the Sunday next succeeding the Receipt of the said Notification.

LXXIII. And be it enacted, That it shall be lawful for the Wages of a Justice, before whom any Recruit shall be attested before the .^7*"^ ^' Expiration of the Term of Service for which he had been hired " ^' bjr his Master, to adjudge to such Recruit a reasonable Pro- portion of his Wages for the Time he has actually served ; and the said Justice shall make an Order for the Payment of the Amount so awarded, and, in case of Neglect or Refusal to pay the same within Four Days, shall issue his Warrant for levying the same, by Distress and Sale of the Goods and Chattels of the Master*

LXXIV. And be it enacted. That when any Persons shall Licences of hold any Canteens under proper Authority of the Board of Canteens. Ordnance^ it shall be lawful for any Two Justices, within their

respective

48

Cap. 6.

Mutiny.

3 Vict.

Attestation of AcoouDts.

Form of ActioDi at Law.

respective Jurisdictions, to grant or transfer any Beer, Wine, or Spirit Licence to such Persons, without regard to Time of Year or to the Notices or Certificates, required by any Act in respect of such Licences ; and the Commissioners of Excise, or their proper OflBcers, within their respective Districts, shall also grant such Licences as aforesaid; and such Persons so holding Can- teens, and having such Licences, may sell therein Victuals and £xciseable Liquors, as empowered by such Excise Licence, without being subject to any Penalty or Forfeiture.

LXXV. And be it enacted, That all Muster Rolls and Pay Lists which are required to be verified by Declaration shall be so verified before and attested by any Justice, without Fee or Reward to himself or to his Clerk*

LXXVL And be it enacted. That any Action which shall be brought against any Person for any thing to be done in pur- suance of this Act shall be brought within Six Months, and it 3hall be lawful for every such Person to plead thereunto the General Issue of Not Guilty, and to give dl qiecial Matter in Evidence to the Jury which shall try the Issue; and if the Ver- dict shall be for the Defendant in any such Action, or the Plaintiff therein become nonsuited or suffer any Discontinuance thereof^ or if in Scotland such Court shall see fit to assoilzie the Defendant or dismiss the Complaint, the Court in which the said Matter shall be tried shall allow unto the Defendant Treble Costs, for which the said Defendant shall have the like Remedy as in other Cases where Costs by the Laws of this Realm are given to Defendants; and every Action against any Person for any thing to be done in pursuance of this Act, or acainst any Member or Minister of a Court-martial in respect of any Sen- tence of such Court, or of any thing done by virtue or in pur- suance of such Sentence, shall be brought in some of the Courts of Record at fFestminster or in DuUinf or the Court of Session in Scadand, and in no other Court whatsoever.

LXXVIL And be it enacted, That all Offences for which any Penalties and Forfeitures are by this Act imposed, not exceeding Twenty Pounds, over and above any Forfeiture of Value or Treble Value, shall and may be determined, and such Penalties and Forfeitures and Forfeiture of Value or Treble Value recovered, in every Part of the United Kingdom, by One or more Justice or Justices of the Peace, under the Provisions of an Act passed in the Third Year of the Reign 3 G. 4. c 23. of His Majesty King George the Fourth, intituled An Act to faalitate summary Proceedings before Justices of the PeacCf and othersj and of another Act passed in the Fifth Year of the Reign of His Majes^ King George the Fourth, intituled An Act for the more effectual Reoooery of Penalties before Justices and Magistrates on Conviction of Offenders^ for facilitating the Execution of Warrants by Constables : Provided always, that in all Cases in which there shall not be sufficient Goods whereon any Penalty or Forfeiture can be levied, the Offender may be committed and imprisoned for any Time not exceeding Six Months; which said recited Acts shall be used and applied, in Sootlandy

for

Rceoteryof

B G. 4. c. 18.

IB40. Myiiny. Cap«6. 49

for the Recovery of afl such Penalties and Forfeitures, as fully, to all Intents, as if the said recited Acts had extended to Scodand, any thing in the said recited Acts to the contrary notwithstanding; and all such Offences committed in the British Isles, or in any of Her Majesty's Dominions beyond the Seas, may be determined, and the Penalties and Forfeitures and Forfeiture of Value or Treble Value recovered, before any Justices of the Peace, or Persons exercising like Authority, according to the Laws of the Part of Her Majesty's Dominions in which the Offence shall he committed ; and all Penalties and Forfeitures by this Act imposed exceeding Twen^ Pounds shall be recovered by Action in some of the Courts of Recoi*d at Westminsier or in Dublin^ or in the Court of Sessions in Scotiand, and in no other Court in the United Kingdom, and may be recovered in the British Isles, or in any other Parts of Her Majestjr's Dominions, in any of the Royal or Superior Courts of such Isles or other Parts of Her Majesty's Dominions.

LXXVIII. And be it enacted, Tlit one Moiety of every Approprktion Penalty, not including any Treble Value of any Articles o^P«>^*>««' adjudged or recovered under the Provisions of this Act, shall go to the Person who shall inform or sue for the same, and the Remainder of the Penalty, together with the Treble Value of any Articles, or, where the Offence shall be proved by the Person who shall inform, the Whole of the Penalty, shall be paid to the General Agent for the Recruiting Service in London or IhMiny as the Case may be, to be at the Disposal of the Secretary at War, any thing in an Act passed in tne Fifth and Sixth Years of the Keign of His late Majes^ King William the Fourth, intituled An Act to provide for the RefftJation o^ 5 & 6 W. 4. Municipal Corporations in England and Wales, or in any other ^ ^^ Act or Acts, to the contrary notwithstanding ; and every Justice who shall adjudge any Penalty under this Act shal^ within Four Days at the farthest, report the same to the Secretary at Wat.

LXXIX. And be it enacted, That all Oaths and Declarations AdmiDistntion which are authorized and required by this Act may be of Oaths, administered (unless where otherwise provided) by any Justice of the Peace, or Magistrate acting as such ; and that any Peijury. Person taking a false Oath or Declaration in any Case wherein an Oath or Declaration is required to be taken by this Act shall be deemed guilty of wilful and corrupt Perjury or of making a false Declaration, and being thereof duly convicted shall be liable to such Pains and Penalties as by any Laws in force any Person convicted of wilful and corrupt Perjury are subject and liable to.

LXXX. And be it enacted. That this Act shall be and con- Duntioa of tinue in force witliin Great Britain from the Twenty- fifth Day ^^ oi April One thousand eight hundred and forty inclusive until the Twenty-fifth Day of April One thousand eight hundred and forty. one ; and shall be and continue in force within Ireland^ and in Jersey^ Guernsey, Aldemey, Sark, and hie ofMan, and the Islands thereto belonging, from the First Day of May One [No. 4. Frice 2c2.] D thousand

50 Cap. 6. MiMny. 3 Vict*

thousand eight hundred and forty inclusive Until the First Day of May One thousand eight hundred and forty-one ; and shall be and continue in force within the Ghurison of GibraUarj the Mediterranean^ and in Spam and Portugal^ from the First Day of Auffust One thousand eight hundred and forty inclusive until the First Day of Atigust One thousand eight hundred and forty- one ; and shall be and continue in force in all other Parts of Europe where Her Mqesty's Forces may be serving, and in the West Indies and Ameriea, from the First Day of September One thousand eight hundred and forty inclusive to the First Day of September One thousand eight hundred and forty-one ; and shall be and continue in force within the Cape of Good Hope^ the IsU of France or Mauritius and its Dependencies, Saint Helena^ and the Western Coast of Africa^ fronf the First Day of January One thousand eight hundred and forty-one inclusive to the First Day of January One thousand eight hun- dred and forty-two ; and shall be and continue in force in all other Places from the First Day of February One thousand eight hundred and forty-two inclusive to the First Day of Fdh- ruary One thousand eight hundred and forty-three: Provided that this Act shallt from and after the Receipt and Promulga- tioti thereof in General Orders in any Part of Her Majesty's Dominions beyond the Seas^ become and be in full Force ; any thing herein-before contained to the contrary notwithstanding. Alteration of LXXXL And be it enacted^ That this Act may be amended this Act. or repealed by any Act to be passed in this present Session of

Parliament.

SCHEDULES to which this Act refers.

Form of Oaths to be taken by Members of Courts-martial.

YOU shall well and truly try and determine according to the Evidence in the Matter now before you.

So help you GOD.

T do swear, That I will duly administer

Justice according to the Rules and Articles for the better Government of Her Majestjr's Forces, and according to an Act now in force fbr the Punishment of Mutiny and Desertion, and other Crimes therein mentioned, without Partiality, Favour, or Affection, and if any Doubt shall arise which is not explained by the said Articles or Act, 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 Sen- tence of the Court until it shall be duly approved; neither will I, upon any Account, at any Time whatsoever, disclose or dis- cover tlie 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 or a Court-martial in due Course of Law. So help me GOD.

Form

18M. lHhiiif^. Cap.6« 61

FoBM of Oath of Judqe Advocate.

J ' do swear, That I will not, upon any

Aeoount 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 or a Court-martial in a due Course of Law. So help roe GOD.

Questions to be put separately by the Justice to a Recruit :

Enlisting for unlimited Service. ^

I. What is your NameV

2* In what Parish, and in or near what Town, and in what County, were you born ?

3. What is your Age?

4. What is your Trade or Calling ?

5. Are you an Apprentice ?

6. Are you married ?

7. Are you ruptured or lame ; have you ever been subject to

Fits; or nave you any Disability or Disorder which im- pedes the free Us$ of your Limbs, or unfits you for ordinary Labour ?

8. Are you willing to be attested to serve in the

R^ment of until you shall legally be

discharged ?

9. On w^iat Day and by whom were you enlisted ? 10. For what Bounty did you enlist?

IL Do you now belong to the Militia?

12. Do you belong to any other Regiment, or to the Marines,

Ordnance, or Navy ? Idw Have you ever served in the Army, Marines, Ordnance, or

Navy ? •

No(e.-^The Justioe is directed, in putting the Eleventh Question to the Recruit, and before he receives his Answer, distinctly to i^prize the Recruit that if he belongs to the Militia, and denies the Faot, he is liable to Six Months Imprison- ment

EnliiHnfffor unlimited Service' in Her Mcgedy^s Colonies.

Question 8 is to be put by the Justice as follows :

8. Are yon willing to be attested to serve in* Her Mdest/s Colony of until you shall be duly and

legally discharged ?

Enlisting Jbr limited Service.

The preceding Questions to be put by the Justice, except Question 8, which is to be as follows :

8. Are you willing to be attested to serve in the Regiment of for the Period of

[this Blank to beJUled up b^ the Justioe with Seven Years for Iffantry^ Ten Years Jfbr Cavalry^ and Twelve Years for

D 2 Artillery,

5t2 Cap. 6/ Mutiny. 3 Vict.

Artillery^ if the Person enUeted is of the Age of Eighteen Years or upwards; but if under the Age of Eighteen Years^ then the Difference between his Age and Eighteen to be added to sudi Seven^ Ten, or Twelve Years^ as the Case may be^ Years, provided Her Majesty should for so long require your Service^ and also for such further Term, not exceed- ing Six Months, as shall be directed by the Command- ing Officer on any Foreign Station, and not exceeding Three Years, as shall be directed by any Proclamation of Her Majesty, such additional Period, in the latter Case, to determine whenever Six Months of continued Peace, to be reckoned from the ! Ratification of any definitive Treaty, shall have el^ed subsequent to the Expiration of the said [Seven, Ten, or Twelve, as the Case may be,'] Years.

Enlisting for either Her Mcgest^s or the East India Companjfs

Service*

Question 8 is to be put by the Justice as follows :

8. Are you willing to be attested to serve in Her Majesty's Army, or in the Forces of the East India Company, ac* cording as Her Majesty shall think fit to order, until you shall be duly and legally discharged ?

Enlisting for the East India Compan^s Service.

Question 8 to be put by the Justice as follows ;

8. Are you willing to be attested to serve the East India Company until you shall be legally discharged ? lOr if the Recruit enlist for limited Service then insert^ for the Period of Twelve Years, (i^ the Person enlisting is of the Age of Eighteen Years or upwards^ but if under Eighteen Years then the Difference between his Age and Eighteen to be added to such Twelve Years^ as the Case may be^ and such Period to be inserted instead of Twelve Years^) provided the said Company should so long re- quire your Service?]

Oath to be (aken by a Recruit enlisting for unlimited or

limited Sefvice.

J do make Oath, That the above Questions have

been separately put to me ; that the Answers thereto have been read over to me ; and that they are the same that I gave, and are true.

I do also make Oath, That I will be faithful and bear true Allegiance tx) Her Majesty, Her Heirs and Successors, and that I will, as in Duty bound, honestly and faithfully defend Her Majesty, Her Heirs and Successors, in Person, Crown, and Dignity, against all Enemies, and will observe and obey all

Orders

1840. ilfiffiity. Cftp.6. 53.

Orders of Her Majesty, Her Heirs and Successors^ and of the Generals and Officers set over me. So help me GOD.

Witness my Hand

{Signature of Recruit* Witness present*

Sworn before me at this Day of One thousand eight hundred and

Signature of Justice

If enlisting for either Her Mcgesh/s^or the East India Companjft Service^ the following Addition is to be made to the foregoing Oath:

And that if Her Majesty, Her Heirs or Successors, shall please to appoint me to serve in the Forces of the East India Company, men I swear, that I will also be true to the said Company, and will duly observe and obey all their Orders, and the Orders of their Generals and Officers who shall be lawfully set over me.

If enlisting for the East India Compan^s Service^ the following is to

be added to the Oath :

And that I will also be true to the said Company, and will daly observe and obey all their Orders, and the Orders of their Generals and Officers who shall be lawfully set over me.

Certificate to be given by the Justice.

Description of

Age, apparently

Height, Feet Inches.

Complexion,

Eyes,

Hair,

Any distinctive MarK

\ T one of Her Majes^s Justices of the

to int / A p^^^ ^£. j^ hereby certify, That the

above is the Description of the Recruit and in

my Presence all the foregoing Questions were put to the said ; that the Answers written opposite to them

are those which he gave to me; and that the First and Second Articles of the Second Section of the Articles of War were md over to him ; that he took the Oath of Alliance and Fidelity ; that he received the Sum of on

hrin^ attested this Day; and that I have given him a Duplicate ^ this Certificate, signed with my Name.

^ Signature of Justice.

D 8

w

fi4 Cap. 6. 'Mtainjf. 3 Vicr.

FoEtM of Oath to be taken by a Mastxk whose Apprentice has

absconded.

J of do make Oath, That I am

by Trade a , and that was

bound to serve as an Apprentice to me in the said Trade, by Indenture dated the Day of for the

Term of Years ; and that the said

did on or about the Day of abscond

and quit my Service without my Consent ;