the United Kingdom shall apply to the number of horses or oxen, or weight of loading of the aforesaid carriages, nor shall any such carriages on that account be stopped or detained. XLIX. That all officers and marines, being in proper uniform, dress or undress, and their horses, but not when passing in any private or hired vehicle, and all carriages and horses when employed in conveying persons or baggage under the provisions of this Act, or returning therefrom, shall be exempted from the 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 demandable by virtue of any Act already made or hereafter to be made; provided that nothing herein contained shall exempt any boats, barges, or other vessels employed in conveying 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; and that when any officers or marines on service shall have occasion in the march to pass regular ferries in Scotland, the officer commanding shall be at liberty to pass over with his marines as passengers, paying for himself and each marine one half only of the ordinary rate payable by passengers, or he shall be at liberty to hire the ferry boat for himself and his party, debarring all others for that time, and shall in such case pay only half the ordinary rate for such boat. L. That if any constable or other person, who by virtue of this Act shall be employed in billeting any officers or marines in any part of the United Kingdom, shall presume to billet any such officer or marine in any house not within the meaning of this Act, without the consent of the owner or occupier thereof; or shall neglect or refuse to billet any officer or marine on duty, when thereunto required, in such manner as is by this Act directed, provided sufficient notice be given before the arrival of such marines; or shall receive, demand, or agree for any money or reward whatsoever, in order to excuse any person from receiving any such officer or marine; or shall quarter any of the wives, children, men or maid servants of any officer or marine 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 carriages, horses, or vessels, or shall demand more than the legal rates for the same; or if any person appointed by such 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 person liable by this Act to have any officer or marine quartered on him shall refuse to receive and to afford proper accommodation or diet in the house of such person in which he is quartered, or to furnish the several things directed to be furnished to officers and marines, or shall neglect or refuse to furnish good and sufficient stables, together with good and sufficient bay and straw, for each horse, at the rate established by any Act in force in that respect; or shall pay any sum of money to any marine on the march in lieu of furnishing in kind the diet and small beer to which such marine is entitled; such constable, victualler, and other person respectively shall forfeit for every offence, neglect, or refusal any sum not exceeding 51. nor less than 40s. LI. That if any officer of Royal Marines shall take upon him to quarter men otherwise than is allowed by this Act, or shall use or offer any menace or compulsion to or upon any Justice, constable, or other civil officer, tending to deter and discourage any of them from performing any part of their duty under this Act, or to do anything contrary thereto, 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 facto cashiered, and shall be utterly disabled to hold any military employment in His Majesty's service; provided a certificate thereof be forthwith transmitted by the said Justices to the Secretary of the Admiralty, and that the conviction be affirmed at some quarter sessions of the peace for the said county to be held next after the expiration of three months after such certificate shall have been transmitted as aforesaid; and if any marine officer shall take, or knowingly suffer to be taken, any money or reward of any person for excusing the quartering of officers or marines, or shall billet any of the wives, children, men or maid servants of any officer or marine in any house, against the consent of the occupier, he shall for any of the said offences, upon being convicted thereof before a general court martial, be cashiered; and if any officer shall constrain any carriage to 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 emergency, for which the Justice shall have given licence, or shall compel the driver of any carriage to take up any marine 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 shall be required and can be done within a reasonable time, or shall, contrary 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, he shall forfeit for every offence any sum not exceeding 51. or less than 40s. LII. That any person who shall unlawfully have in his or her possession or keeping, or who shall knowingly detain, buy, or exchange, or otherwise receive, any arms, ammunition, clothes, cap, or other military furniture or appointments, from any marine or marine deserter, or any other person, upon any account or pretence whatsoever, or shall solicit or entice any marine, or shall be employed by any marine, knowing him to be such, to sell any arms, ammunition, clothes, or military furniture, or any provisions, sheets, or other articles belonging to any marine or marine deserter, which are generally deemed regimental necessaries, according to the custom of the Royal Marine corps, or shall change or cause the colour or mark of any such clothes, appointments, or necessaries to be changed or defaced, shall forfeit for every such offence the sum of 201., together with treble the value of all or any of the several articles of which such offender shall so become possessed; and if any credible person shall prove on oath before a Justice of the Peace a reasonable cause to suspect that any person has in his or her possession, or on his or her premises, any property of the description hereinbefore described, on or with respect to which any such offence shall have been committed, the Justice may grant a warrant to search for such property as in the sase of stolen goods. And for the better preservation of the game and fish in or near such place where any officers shall at any time be quartered :It is Enacted, LIII. That every officer who shall, without leave in writing from the person or persons entitled to grant such leave, take, kill, or destroy any game or fish within the United Kingdom, and who upon complaint thereof shall be, upon oath of one or more credible witness or witnesses, convicted before any Justice, shall for every such offence forfeit the sum of 57. VOL. XII. STAT. C LIV. That no officer of His Majesty's Royal Marine forces residing in barracks or elsewhere under military law shall be deemed liable to have any parish poor child bound apprentice to him. LV. That any Justice in the United Kingdom, within whose jurisdiction any marine shall be quartered, may summon such marine before him, which summons such marine is hereby required to obey, and take his examination in writing, upon oath, touching the place of his last legal settlement in England, and such Justice shall give an attested copy of such examination to the person so examined, to be by him delivered to his commanding officer, to be produced when required; which said examination and such attested copy shall be at any time admitted in evidence as to such last legal settlement before any Justice or at any general or quarter sessions of the peace, although such marine be dead or absent from the kingdom: Provided always, that in case any marine shall be again summoned to make oath as aforesaid, then, on such examination or such attested copy being produced, such marine shall not be obliged to make any other or further oath with regard to his legal settlement, but shall leave with such Justice a copy of such examination, or a copy of such attested copy of examination, if required. LVI. That all oaths which are authorized or required by this Act may be administered (unless where otherwise provided) by any Justice of the Peace or Magistrate acting as such; and that any person giving false evidence or taking a false oath in any case wherein an oath is authorized or required to be taken by this Act, and being thereof duly convicted, shall be deemed guilty of wilful and corrupt perjury, and shall be liable to such pains and penalties as persons convicted of wilful and corrupt perjury are or may be subject and liable to. LVII. That it shall be lawful for any two Justices of the Peace, within their respective jurisdictions, to grant or transfer any licence for selling by retail any spirit, beer, wine, cider, or perry to any person or persons applying for the same who shall hold any canteen under any lease thereof, or by agreement with any department or other authority under the said Lord High Admiral, or the Commissioners for executing the office of Lord High Admiral, for the time being, without regard to the time of year, or any notices or certificates required by any Act in respect of such licences; and the Commissioners of Excise within their respective districts shall also grant or transfer any such licence as aforesaid; and such persons holding such canteens, and having such licences as aforesaid, may sell therein victuals, and all such exciseable liquors as they shall be licensed and empowered to sell, without being subject for so doing to any penalty or forfeiture whatever. LVIII. That if any action shall be brought against any member or minister of a court martial to be assembled under the authority of this Act, in respect of the proceedings or the sentence thereof, or against any other person for anything done in pursuance or under the authority of this Act, the same shall be brought in some one of the courts of record at Westminster or Dublin, or in the Court of Session in Scotland, and shall be commenced within six months next after the cause of action shall arise, and that it shall be lawful for the defendant or defendants therein to plead thereto the general issue, and to give all special matter in evidence on the trial; and if the verdict shall be for the defendant in any such action, or if the plaintiff shall become nonsuit, or suffer any discontinuance thereof, or if, in Scotland, the Court shall see fit to assoilzie the defendant or dismiss the complaint, the Court in which the matter shall be tried shall allow the defendant treble costs, for the recovery of which he shall have the like remedy as in other cases where costs by the laws of this realm are given to defendants. LIX. That all offences for which any penalties and forfeitures are by this Act imposed, not exceeding 201., over and above any forfeiture of value and treble value, shall and may be determined, and such penalties and forfeitures and forfeitures of value and treble value shall and may be recovered, in any part of the United Kingdom, before one or more Justices of the Peace, under the provisions of an Act, 3 Geo. 4. c. 23, intituled, An Act to facilitate summary Proceedings before Justices of the Peace and others;' and by another Act, 5 Geo. 4. c. 18, intituled, An Act for the more effectual Recovery 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 Scotland for the recovery of all such penalties and forfeitures as fully to all intents as if the said recited Acts had extended to Scotland, anything in the said recited Acts to the contrary notwithstanding; and all such offences committed in the British Isles, or in any of His Majesty's dominions beyond the seas, may be determined, and the penalties and forfeitures 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 His Majesty's dominions in which the offence shall be committed; and all penalties and forfeitures by this Act imposed exceeding 201. shall be recovered by action in some of the courts of record at Westminster or in Dublin, or in the Court of Session in Scotland, and in no other court in the United Kingdom, and may be recovered in the British Isles, or in any other parts of His Majesty's dominions, in any of the Royal or Superior Courts of such isles or other parts of His Majesty's dominions. LX. That one moiety of every such penalty or forfeiture, not including any treble value of any articles, shall go to the person who shall inform or sue for the same, and the other moiety, together with the treble value of such articles, or where the offence shall be proved by the person who shall inform, then the whole of the penalty and such treble value, shall be paid over and applied in such manner as the Lord High Admiral or the Commissioners for executing the office of Lord High Admiral shall direct; and every Justice who shall adjudge any penalty under this Act shall, within four days thereafter at the furthest, report the same and his adjudication thereof to the Secretary of the Admiralty. LXI. That all clauses and provisions in this Act contained relating to England shall be construed to extend to Wales and the town of Berwick-upon-Tweed; and all clauses and provisions relating to marines shall be construed to include non-commissioned officers and drummers, unless when otherwise provided; and all clauses and provisions relating to Justices shall be construed to extend to all Magistrates authorized to act as such in their respective jurisdictions; and all the powers given to and regulations made for the conduct of constables, and all penalties and forfeitures for any neglect thereof, shall extend to all tithingmen, headboroughs, and such like officers, and high constables and other chief officers and magistrates of cities, towns, villages, and places in England and Ireland, who shall act in the execution of this Act; and all provisions for billeting marines in victualling houses shall extend and apply to all inns, livery stables, ale-houses, and to the houses of sellers of wine by retail, whether British or foreign, to be drank in their own houses or places thereunto belonging, and to all houses of persons selling. brandy, strong waters, cider, or metheglin, by retail, in England and Ireland; and in Ireland, when there shall not be found sufficient room in such houses, then marines may be billeted in such manner as has been heretofore customary: Provided always, that no officer or marine shall be billeted in England in any private houses, or in any canteen held or occupied under the authority of the Ordnance or Marine Department, or upon persons who keep taverns only being vintners of the city of London admitted to their freedom of that company in right of patrimony or apprenticeship, notwithstanding such persons who keep such taverns only have taken out victualling licences, nor in the house of any distiller kept for distilling brandy and strong waters, nor in the house of any shopkeeper whose principal dealing shall be more in other goods and merchandize than in brandy and strong waters, so as such distillers and shopkeepers do not permit tippling in such houses, nor in the house of residence in any part of the United Kingdom of any foreign consul, duly credited as such. LXII. That the churchwardens of every parish in England, and the constable or other officer of every parish or place in Scotland, on receiving a notification from the Secretary of the Admiralty of the name of any marine belonging to the said parish or place who has for meritorious conduct received His Majesty's special approbation, or who in consequence of misconduct has been dismissed His Majesty's service with disgrace, shall affix such notification on the outside of the door of the church or chapel belonging to such parish or place on the Sunday next succeeding the receipt of such notification. LXIV. That this Act shall continue in force within Great Britain from the 25th of April 1834 until the 25th of April 1835 inclusive; and within Ireland, and in Jersey, Guernsey, Alderney, Sark, and the Isle of Man, and the islands thereto belonging, from the 1st of May 1834 until the 1st of May 1855 inclusive; and within the garrison of Gibraltar, and in Spain and Portugal, from the 25th of July 1834 until the 25th of July 1835 inclusive; and in all other parts of Europe where Royal Marine forces may be serving, and the West Indies and North America and Cape of Good Hope, from the 25th of September 1834 to the 25th of September 1835 inclusive; and in all other places from the 25th of November 1834 to the 25th of November 1835 inclusive. LXV. This Act may be altered, varied, or repealed by any Act or Acts in this present Session. The SCHEDULE to which this Act refers, contains FORM of OATHS to be taken by MEMBERS OF COURTS MARTIAL.-FORM of OATH of JUDGE ADVOCATE. 1. What is your Name? QUESTIONS to be separately put by the JUSTICE to a RECRUIT, viz. 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 have you any Disability or Disorder which impedes the free Use of your Limbs, or unfits you for ordinary Labour? 8. Are you willing to be attested to serve in the Royal Marine Forces until you shall be legally discharged? 9. On what Day and by whom were you enlisted? 10. For what Bounty did you enlist? 11. Do you now belong to the Militia? 12. Do you belong to any Regiment, or to the Marines, Ordnance, or Navy? 13. Have you served in the Army, Marines, Ordnance, or Navy? Note.-The Justice is directed, in putting the Eleventh Question to the Recruit, and before he receives his Answer, distinctly to apprise the Recruit that if he belongs to the Militia, and denies the Fact, he is liable to Six Months Imprisonment. I OATH to be taken by a RECRUIT enlisting.-CERTIFICATE to be given by the JUSTICE. of FORM of OATH to be taken by a MASTER whose Apprentice has absconded, viz. and that Day of did on or about the was bound to serve as an Apprentice to me in the said Trade, by Indenture, dated the for the Term of the Day of Day of last abscond and quit my Service without my Consent; and that to the best of my Knowledge and Belief the said FORM OF JUSTICE's Certificate to be given to the MASTER of an Apprentice, viz. One of His Majesty's Justices of the Peace of certify, That Day of One thousand was and that for Day of Day of without his Cousent, and that to the best of his Knowledge and bound to serve as an Apprentice to him in the said Trade, by Indenture dated the Years. CAP. V. AN ACT for continuing to His Majesty until the Fifth Day of July One thousand eight hundred and thirty-five certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-four. By this ACT, the Commons granted, and it is Enacted, (26th March 1834.) 1. That the duties imposed on sugar and molasses, and the bounties allowed thereon, by an Act, 1 Will. 4. c. 50, intituled, 'An Act for granting to His Majesty, until the Fifth Day of April One thousand eight hundred and thirty-one, certain Duties on Sugar, imported into the United Kingdom for the Service of the Year One thousand eight hundred and thirty,' and which have by several subsequent Acts been further continued until the 5th of April 1834, shall be and the same are hereby further continued until the 5th of July 1835. II. That the several powers, provisions, matters, and things contained in the said recited Act shall be extended to this Act, and the duties and bounties hereby continued, in as full and ample a manner as if the same had been repeated and re-enacted in this Act, and made part thereof. III. That there shall be provided and kept in the office of the Auditor of the Exchequer one book of register, in which all the money that shall be paid into the said Exchequer from so much of the said rates and duties hereby granted on sugar as shall arise and be payable in Great Britain shall be entered and registered apart and distinct from all other monies paid and payable to His Majesty; and it shall be lawful for the Commissioners of the Treasury to issue and apply the same to such services as shall have been voted by the Commons of the United Kingdom in this present session; and so much of the said duties on sugar as shall arise and be payable in Ireland shall be paid into the Exchequer there, and be carried to the Consolidated Fund of the United Kingdom. IV. That the Commissioners of the Treasury may cause any number of Exchequer bills to be made out for any sum or sums not exceeding in the whole, including any sum or sums of money issued towards the aids or supplies in pursuance of this Act, the sum of 3,000,000l., in manner prescribed by 48 Geo. 3. c. 1, intituled, An Act for regulating the issuing and paying off of Exchequer bills. v. That all and every the clauses contained in that Act shall be applied and extended to the Exchequer bills to be made out in pursuance of this Act, as fully as if particularly repeated in this Act. VI. That the Exchequer bills to be made out in pursuance of this Act to bear an interest not exceeding 41. per centum per аппит. VII. That the Governor and Company of the Bank of England may advance or lend upon the credit of the Exchequer bills authorized by this Act, any sum or sums of money not exceeding in the whole the sum of 3,000,000l.; anything in 5 & 6 W. & M. c. 20, or in any subsequent Act, to the contrary notwithstanding. VIII. That the Commissioners of the Treasury may cause such bills as shall be prepared by virtue of this Act to be placed as so much cash in the respective offices of the tellers of the said receipt of Exchequer. IX. That the said Exchequer bills in the hands of the said tellers shall be locked up and secured as cash, and the Commissioners of the Treasury may issue and apply the same to such services as shall then have been voted by the Commons of the United Kingdom in this session. x. Provided always, that the Exchequer bills to be made by virtue of this Act, together with the interest that may become due thereon, and the charges of exchanging and circulating the same, shall be chargeable and charged upon the rates, duties, and assessments on sugar granted by this Act; and the Commissioners of the Treasury may direct to be issued to the said paymasters, by way of imprest and upon account, such sums of money and at such periods as the said Commissioners shall think necessary for and towards paying off and discharging such Exchequer bills, or any of them, and for and towards paying the interest to become due on the said bills, and for and towards the charge of exchanging and circulating the same bills or any of them. XI. That on the 5th of July 1835, or within ten days after, the said Commissioners shall cause an account in writing to be taken and attested by the proper officers of the amount of all Exchequer bills that shall have been issued by virtue of this Act, and how much thereof shall before that time have been paid off or discharged, and how much thereof shall then remain undischarged. XII. That the monies so remaining unsatisfied or not discharged, with the interest due or to grow due thereon, and the charges of exchanging and circulating the same, shall be paid and satisfied out of the next aid or aids to be granted in Parlia. ment after the said 5th of July 1835. XIII. That the surplus of the monies arising from the rates, duties, and assessments on sugar granted by this Act, after paying off and satisfying all the Exchequer bills issued by virtue of this Act, together with the interest that may become due thereon, and the charges of exchanging and circulating the same, shall, as a surplus of any such monies respectively, be paid into the Exchequer, to be carried to and made part of the Consolidated Fund. XIV. That the Commissioners of the Treasury may pay and allow out of the monies to arise of or from the said rates and duties on sugar hereby granted, or of or from the said Consolidated Fund, from time to time the necessary charges of making the Exchequer bills hereby authorized to be made forth, and such other charges as shall be necessarily incident in or for the execution of this Act, or any part thereof, in relation to the said bills. xv. Provided always, That whatever monies shall be issued out of the said Consolidated Fund shall from time to time be replaced by and out of the first supplies to be thenafter granted by Parliament. XVI. This Act may be altered, amended, or repealed by any Act or Acts in this present session. CAP. VI. AN ACT for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. (26th March 1834.) ABSTRACT OF THE ENACTMENTS. 1. Crimes punishable by death. 2. The ordinary course of law not to be interfered with. 3. Soldiers not to be taken away from the service for debts under 301. 4. The King may make Articles of War in conformity with this Act. 5. Constitution of courts martial. 6. Composition of general courts martial. 7. Powers of general courts martial. 8. Trial by general court martial for embezzlement. 9. Powers of district or garrison courts martial. 10. Regimental courts martial. 11. Marking a deserter. 12. Powers of detachment courts martial. 13. Mixture of officers upon courts martial. 14. Power to administer oaths. 15. Proceedings of courts martial. 16. Appeal. 17. Report of proceedings of general courts martial. 18. Transportation from the United Kingdom. 19. Transportation from the colonies. 20. Offences against former Mutiny Acts may be tried under this Act. 21. Subsequent enlistment no protection from punishment for desertion. 22. Apprehension of deserters. 23. Fraudulent confession of desertion. 24. Recruits deserting liable to be transferred to the nearest regiment or depót. 25. Penalty for inducing or assisting to desert. 26. Penalty for forcible entry. 27. Custody of offenders under a military sentence. 28. Custody and subsistence of deserters. 29. Notice of expiration of imprisonment. 30. Persons subject to this Act. 31. Foreign troops in this country. 37. Penalty on officers offending against laws regarding enlist ment. 38. Enlistment and re-enlistment abroad. 39. Enlistment of negroes. 40. Apprentice enlisting to be liable to serve after the expiration of his apprenticeship. 41. Claims of musters to apprentices. 42. Punishment of apprentices enlisting. 46. Extension of furlough in case of sickness. 47. Marching money on discharge. 48. Commissaries to attest their accounts. 49. Issue of pay of the army. 50. Penalty for disobedience by agents. 51. How and where troops may be billeted. 52. Billeting the guards in and near Westminster. 53. Military officers not to act as Justices in billeting. 54. Allowance to innkeepers. 55. Definition of Terms.-Powers and regulations as to billets. -Exemptions from billets. 56. Supply of carriages. 57. Rates to be paid, and mode of proceeding. 58. Supply of carriages in cases of emergency. 59. Justices empowered to reimburse the constables for sums expended by them. 60. Routes in Ireland. 61. Tolls. 62. Ferries. 63. Penalties upon civil subjects offending against the laws relating to billets and carriages. 64. Penalties upon the military so offending. 65. Penalties on purchasing soldiers necessaries, stores, &c. 66. Penalty on unlawful recruiting. 67. Penalty on trafficking in commissions. 68. Penalty on killing game. 69. Officers not liable to tuke parish apprentices. 70. Mode of recording a soldier's settlement. 71. Notification to parishes of good or bad conduct of soldiers. 72. Wages of a servant enlisting. |