yeomanry corps, &c. shall, while effective, be compellable compellable to to serve the office of constable in the parish to which he act as constable. belongs.

P. 373. l. 24.

Ireland.

The 56 Geo. 3. c. 72. I. has continued Yeomanry of the 43 Geo. 3. c. 121. I. so far as relates to any troops or 56 Geo. 3.c.72. corps of yeomanry in Ireland, until the end of the session I. of the year 1818, with a few amendments not sufficiently important to be noticed in this work.

be sentenced to

instead of corporal punish

ment.

57 Geo. 3.c.35,

s. 4. U. K.

Returning, &c. before expira

tion of term, a capital felony.

P. 380. 1. 26. The 57 Geo. 3. c. 35. U. K. is the last Deserters may annual mutiny act, the following clauses of which it must transportation, suffice to state in this place. By s. 4. where any non-commissioned officer or soldier shall be convicted by a court martial of desertion, the court may adjudge the offender, if they shall not think the offence deserving of capital punishment, to be transported as a felon for life, or for a certain term of years, according to the nature of the offence, instead of awarding corporal punishment: And if such offender shall afterwards (without leave from his majesty, or from the governor or commanding officer of the place to which he shall have been transported,) return into or be found at large, without leave as aforesaid, or other lawful cause, within any part of the united kingdom, or in any of his majesty's possessions abroad, other than the place to which he shall have been transported, before the expiration of the term limited by such sentence, and shall be convicted thereof in due course of law, he shall be adjudged guilty of felony without benefit of clergy. And this act provides (s. 5.) that in all cases wherein a capital punishment shall have been awarded by a court martial, it shall His majesty be lawful for his majesty, instead of causing such sentence transportation, to be carried into execution, to order the offender to be instead of capitransported as a felon for life, or for a certain term of years, as to his majesty shall seem meet; and any such offender returning, &c. without leave or other lawful cause as in s. 4. supra, before the expiration of the term, &c. shall be guilty of felony without benefit of clergy. And by s. 9. whenever his majesty shall intend any sentence of a court martial to be carried into execution, or shall ex

s. 5.

may order

tal punishment.

s. 9.

Sentence of transportation,

tend his mercy, on condition of transportation, to any offender liable to the punishment of death by the sentence &c. notified by

commander in of chief, &c. to any

C. B. or Exch.

judge of K. B. of a court martial, such sentence together with his majesty's who shall make pleasure upon the same, shall be notified in writing ["by an order there the commander in chief of his majesty's forces in Great

upon.

Britain, or in his absence by the adjutant general, to any justice of the king's bench, common pleas, or baron of the exchequer of the degree of the coif;] and thereupon such justice or baron shall make an order for the transportation of such offender, upon the terms and for the time which shall be specified in such notification, and shall also make such other order, &c. as any such justice, &c. is authorized to make by any act of parliament in force at the time of making such orders in relation to the transportation of offenders; and such orders shall be obeyed by the person in whose custody such offender shall at that time be, and every sheriff, gaoler, keeper, governor, or superintendant, whom it may concern, and all constables and other persons shall be bound to obey such orders, be assistant in the execution thereof, and be liable to the same punishment for disobedience or interrupting the execution of the same, as if the same had been made under the authority of such act; and every person so ordered to be transported shall be subject to all the provisions made by law, and now in force concerning persons convicted of any crime and sentenced to be transported, or receiving his majesty's pardon on condition of transportation. And by s. 10. the justice, &c, who shall make any such order, under any such notification of his majesty's pleasure, shall direct the said notification, and his own order made thereupon, to be filed in the office of the clerk of the crown of the king's bench; and the said clerk shall receive a fee of 2s. 6d. for filing the same. And by s. 11. the said clerk His certificate evidence of con- of the crown shall, upon the application of any such offender, or of any other person on behalf of his majesty, deliver a certificate in writing under his hand, (not taking for the same more than 2s. 6d.) containing an account of the christian name and surname of such offender, of his offence, of the place where the court was held, before whom he was convicted, and of the terms and conditions

s. 10.

Such notification to be filed

with clerk of the crown.

s. 11.

viction and

sentence.

an

This clause is not adapted to cases arising in Ireland.

s. 13. Laws respect

courts martial.

s. 25.

on which his majesty's order for such offender's transportation was given; which certificate shall be sufficient proof of the conviction and sentence of such offender, and also of the terms on which such order for his transportation was given, in any court, and in any proceeding wherein it may be necessary to inquire into the same. And by s. 13. if any offender under sentence of death by a court-martial, shall obtain his majesty's conditional par- ing felons don as aforesaid, all the laws now in force touching the escaping, to extend to prisoners escape of felons under sentence of death shall apply to sentenced by such offender, and to all persons aiding, abetting, or assisting in any escape or intended escape of such offender, or contriving any such escape, from the time when such order shall be made by such justice or baron as aforesaid, and during all the proceedings for the purposes aforesaid. By s. 25. all courts martial (where they inflict imprisonment as the punishment of minor offences) are authorized Imprisonment for minor ofto order such imprisonment to be in any house of cor- fences may be rection, gaol, or public prison, or other place. And this in any prison, &c. act provides (s. 23.) that no general court martial con- s. 23. sisting of any less number than 13 commissioned officers, Courts martial to consist of 13 (unless holden in any place beyond the seas, &c.) shall officers, where sentence any non-commissioned officer or soldier to loss of sentence of death, &c. prolife or limb, or transportation. And by s. 28, no sentence nounced. of death shall be given against any offender by any general court martial, unless 9 officers present shall concur therein, (except holden in any place beyond the seas, &c.); and in sentences. all cases where a court martial shall consist of more than 13 officers, and also in any place beyond the seas, &c. when the same shall consist of a lesser number of officers, then such judgment shall pass by the concurrence of two thirds at the least of the officers present; and this clause of the act prescribes the hours of trial for all offences, and gives to the courts of king's bench in London or Dublin, or court of sessions in Scotland, or courts of law in the West Indies, a jurisdiction to discharge witnesses if arrested while attending, or to attach them for not attend

s. 28.

What number

to concur in all

Billetting in

ing upon such courts martial. With respect to the quartering of soldiers, it is to be observed that this act, Ireland. instead of referring to the laws in force in Ireland for

s. 96.

Recruits making false

this purpose at the time of the union, as was done by the 48 Geo. 3. c. 15. U. K. (see Digest, vol. I. P. 379.) incorporates their provisions.* It is also a provision of this act (s. 96.) that any person who shall knowingly, wilfully, and designedly make any false representation of any parrepresentations ticular contained in the oaths respectively marked (A.) punishable as and (B.) and certificates marked (C.) and (D.) in the swindlers. schedule to this act contained, before the justice of peace or magistrate at the time of his attestation, for the purpose of obtaining and shall obtain any enlisting money, or any bounty for entering into his majesty's service, or any other money, shall be deemed guilty of obtaining money under false pretences, within the meaning of the †30 Geo. 2. c. 24. Eng.; and the production of such certificate, and proof of the hand-writing of the justice of peace giving such certificate, shall be sufficient evidence of such party having represented the several particulars contained in the oath sworn by him, and specified in the certificate of the justice at the time of his being attested. And by s. 97. it shall be lawful for any 2 justices of peace or magistrates, before whom any person shall be brought who was enlisted, and who shall be convicted upon oath before them of having wilfully concealed any such infirmity upon being attested, or of having knowingly, wilfully, and designedly, made any such false representation as aforesaid, to adjudge such person to be a rogue and vagabond; and such person shall thereupon be subject to such punishment as by any law now in force may be inflicted upon rogues, vagabonds, and vagrants, and incorrigible rogues, to be adjudged by such justices of peace or magistrates. Jurisdiction of This act contains several other clauses giving jurisdiction magistrates to magistrates for quartering or billetting soldiers, licensing canteens, providing carriages, saddle horses, &c. for soldiers on their march, and extending their furloughs, attesting and discharging recruits and apprentices, committing

s. 97,

Persons guilty of fraudulent concealment, or false repre sentation, punishable as rogues and vagabonds.

under this act.

*The 57 Geo. 3. c. 13. U. K, which respects the marine forces on shore refers generally to the laws in force in Ireland, at the time of its union with Great Britain, for the purpose of quartering these troops,

+ It seems to be an oversight here, (and in s, 100, which relates to apprentices enlisting,) not to have referred also to the 20 Geo. 3. c. 37. Ir. which is the analogous statute in Ireland,

s. 122.

arrest except

mitting deserters, and for determining suits for penaltics against officers or soldiers destroying game, and against persons concealing deserters, or buying or receiving arms, clothes, &c. of soldiers or deserters, or oats, hay, or forage provided for his majesty's service. This act provides (s. 122.) that no person who is or shall be listed, or who shall Soldiers prilist and enter himself as a volunteer in his majesty's service vileged from as a soldier, shall be liable to be taken out of his majesty's upon affidavit service by any process or execution, (other than for some of the debt, &c. amounting to criminal matter) unless for a real debt or other just cause £20. of action; and unless, before the taking out of such process, &c. (not being for a criminal matter) the plaintiff, or some person on his behalf, shall make affidavit before a judge of the court of record, or other court out of which such process, &c. shall issue, or before some person authorized to take affidavits in such courts, that to his knowledge the original sum justly due and owing to the plaintiff from the defendant, or the original debt for which such execution shall be sued out, amounts to the value of £20. at least, above all costs of suit in the same action, or in any other action on which the same shall be grounded; a memorandum of which oath shall be marked on the Memorandum of oath indorsed back of such process, &c. (for which memorandum or on process, or oath no fee shall be taken): and if any person shall be arrested contrary to this act, it shall be lawful for any judge or judges of such court, upon complaint thereof made by the party himself, or by any his superior officer, to examine into the same by the oath of the parties or otherwise, and, by warrant under hand and seal, to discharge such discharge solsoldier, without paying any fee, upon due proof made diers arrested before him or them that such soldier was legally enlisted, contrary hereto. and arrested contrary to the intent of this act; and also to award reasonable costs to the party complaining, for the recovery whereof he shall have the like remedy that the plaintiff in such action or éxecution might have had for his costs, in case judgment had been given for him with costs in such action. But by s. 123. it shall be lawful for any plaintiff, upon notice first given in writing of the cause Proceeding to of action to any person entered into his majesty's service, against soldier or left at his last place of residence before such listing, to`

writ of execu

tion.

Judges may

s. 123.

judgment, &c.

facilitated, but

no execution