shall belong, then such Justice may deliver such Deserter to the Party of his Regiment, or may order such Deserter to be taken to the Head Quarters or Depôt 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 Depôt 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 shall be satisfied they are entitled to, according to the true Intent and Meaning of this Act; and for such Information, Commitment, and Report as aforesaid the Clerk of the said Justice shall be entitled to a Fee of Two Shillings and no more; and every Gaoler or other Person into whose Custody any Person charged with Desertion is committed shall immediately upon the Receipt of the Person so charged into his Custody notify the Fact to the Secretary at War, and transmit also to the Secretary at War a Copy of the Commitment.

Desertion.

XXIII. And be it enacted, That any Person who shall Fraudulent voluntarily deliver himself up and confess himself to be a De- Confession of serter from Her Majesty's Forces, or the embodied Militia, or the Forces of the East India Company, or who, while serving in any of Her Majesty's Forces, or the embodied Militia, or the Forces of the East India Company, shall to any Officer or Non-commissioned Officer thereof confess himself to be a Deserter as aforesaid, 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 serve in any of Her Majesty's Forces, as Her Majesty shall think fit to appoint, whether such Person shall have been ever actually enlisted as a Soldier or not; or in case such Person shall not be a Deserter as aforesaid, he shall be liable to be taken before Two Justices of the Peace, and, on Proof that any such Confession as aforesaid was false, shall by them be adjudged to be punished, if in England, as a Rogue and Vagabond, and if in Scotland or Ireland by Commitment to some Prison or House of Correction, there to be kept to hard Labour for any Time not exceeding Three Months, or be deemed guilty of obtaining Money under false Pretences within the true Intent and Meaning, if in England, of an Act passed in the Seventh and Eighth Years of His Majesty King George the Fourth, intituled An 7&8 G. 4. c. 29. Act for consolidating and amending the Laws in England rela

[No. 3. Price 2d.]

9 G. 4. c. 55.

Recruits de serting liable to be trans

ferred to the nearest Re

tive to Larceny and other Offences connected therewith, and, if in Ireland, of an Act passed in the Ninth Year of the Reign of His Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith; or shall be deemed guilty, if in Scotland, of Falsehood, Fraud, and wilful Imposition; and every Person so deemed to be guilty of obtaining Money under false Pretences, or of Falsehood, Fraud, and wilful Imposition, as the Case may be, shall be liable to be proceeded against and punished accordingly; and the Confession and receiving Subsistence as a Soldier by such Person shall be Evidence of the false Pretence, or of the Falsehood, Fraud, and Imposition, as the Case may be, and of the 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 shall have been summarily convicted and punished in England as a Rogue and Vagabond, or in Scotland or Ireland by Commitment, 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 false Pretences as a Deserter, or 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 signed 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 with by all Justices and Gaolers as a Deserter.

XXIV. And be it enacted, That any Recruit who shall desert prior to joining the Regiment for which he has enlisted shall, on being apprehended, and committed for such Desertion by any Justice of the Peace upon the Testimony of giment or De. One or more Witnesses upon Oath, or upon his own Confession, pôt. be liable to be transferred to any Regiment or Depôt nearest to the Place where he shall have been apprehended, or to any other Regiment to which Her Majesty may deem it 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 Regi

ments; 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 is applicable to and required for the Provision of Necessaries.

XXV. And be it enacted, That every Person who shall, in Penalty for inany Part of Her Majesty's Dominions, directly or indirectly ducing or assisting to desert. persuade any Soldier to desert, shall suffer such Punishment by Fine or Imprisonment, or both, as the Court before which the Conviction may take place shall adjudge; and every Person who shall assist any Deserter, knowing him to be such, in deserting or in concealing himself, shall forfeit for every such Offence the Sum of Twenty Pounds.

XXVI. And be it enacted, That every Commissioned Officer Penalty for who shall, without Warrant from One or more of Her Majesty's forcible Entry. Justices, forcibly enter into or break open the Dwelling House

or Outhouses of any Person whomsoever, under Pretence of searching for Deserters, shall, upon due Proof thereof, forfeit the Sum of Twenty Pounds.

commence on

tence, and Place

Officer com

Removal of

Prisoners.

XXVII. And be it enacted, That, save as herein-before Term of Imspecially provided, any Term of Imprisonment under the Sen- prisonment to tence of a Court-martial, whether original or revised, shall be the Day of reckoned as commencing on the Day on which the original signing the Sentence and Proceedings shall have been signed by the Presi- original Sendent; and the Place of Imprisonment under the Sentences of of ImprisonGeneral Courts-martial shall be appointed by the Officer com- ment to be apmanding the District, Garrison, Island, or Colony, and under pointed by the the Sentence of any other Court-martial shall be appointed by manding the the Officer confirming the Proceedings of such Court-martial, District, &c. and in default of Appointment by any such Officer then the Place of Imprisonment shall be appointed by the Officer commanding the Regiment or Corps to which the Offender belongs or is attached: Provided always, that it shall be lawful for the Proviso for Officer commanding the Regiment or Corps, in the Case of a Prisoner undergoing Imprisonment under the Sentence of a Regimental Court-martial, of his sole Authority, and in all other Cases with the Consent of the Officer commanding the District, Garrison, Island, or Colony, or of the Officer by whom the Sentence of the Court shall have been confirmed, to give, as often as Occasion may arise, an Order in Writing directing that the Prisoner be discharged, or be delivered over to Military Custody, whether for the Purpose of being removed to some other Prison or Place, there to undergo the Remainder or any Part of his Sentence, or for the Purpose of being brought before a Court-martial either as a Witness or for Trial; and such Prisoner shall accordingly, on the Production of such Order, be discharged or be delivered over, as the Case may be; provided also, that the Time during which any Prisoner under Sentence of Imprisonment by a Court-martial shall be detained in Military Custody shall be reckoned as Imprisonment under the Sentence for whatever Purpose such Detention shall take place. XXVIII. And

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Secretary at

War may set apart Buildings as Military Prisons, and appoint Officers, and make Rules and Regulations for Go. vernment of the same.

XXVIII. And be it enacted, That it shall be lawful for the Secretary at War to set apart any Buildings now erected or which may hereafter be erected, or any Part or Parts thereof, as Military Prisons, and to declare that any Building, or any Two or more separate and detached Buildings, shall be, and thenceforth such Building or Buildings shall be deemed and taken to be, a Military Prison; and every Military Prison, whether the same now exist or may hereafter be established, which shall be, or which under the Provisions of any former Act of Parliament have been, so as aforesaid set apart or declared, shall be deemed to be a public Prison within the Meaning of this Act; and it shall be lawful for the Secretary at War from Time to Time to appoint a Governor or Provost Marshal, and all other necessary Officers and Servants, for any such Military Prison, and, as Occasion may arise, to remove the Governor or Provost Marshal, Officer or Servant, of any such Military Prison; and the General or other Officer commanding any District within which may be any such Military Prison, or such General or other Officer, and such other Person and Persons as the Secretary at War may from Time to Time appoint, shall be a Visitor or Visitors of such Prison; and every Visitor and Governor of any such Military Prison respectively shall, subject to such Rules and Regulations as may from Time to Time be made by the Secretary at War, have and exercise in respect of such Prison, and of the Governors, Officers, and Servants thereof, and of the Prisoners confined therein, all the Powers and Authorities, as well in respect of administering Oaths as otherwise, which any Visiting Justice or Governor of a County Gaol or House of Correction may respectively exercise as such; and it shall be lawful for the Secretary at War from Time to Time to make, alter, and repeal Rules and Regulations for the due Government and Superintendence of any such Military Prison, and of the Governor, Provost Marshal, Officers, and Servants thereof, and of Offenders confined therein; and the Visitor or Visitors of every such Military Prison shall, on or before the First Day of July in every Year, transmit to the Secretary at War Copies of all Rules and Regulations in force on the Twenty-fifth Day of May in such Year, for the Government of such Prison, together with Copies of any new or additional Rules and Regulations which he or they may propose for the Government thereof; and the Secretary at War, on or before the First Day of August in each Year, shall transmit to the Visitor or Visitors a Copy, subscribed by him, of the Rules and Regulations which are to be observed and enforced, and the same shall accordingly be observed and enforced, within such Prison; and all and every the Powers and Authorities with respect to County Gaols or Houses of Correction which now are or which may hereafter be vested in any of Her Majesty's Principal Secretaries of State, shall, with respect to all such Military Prisons, belong to and may be exercised by the Secretary at War.

XXIX. And

XXIX. And be it enacted, That every Governor, Provost Custody of Offenders under Marshal, Gaoler, or Keeper of any public Prison or of any a Military Gaol or House of Correction in any Part of Her Majesty's Sentence. Dominions shall receive into his Custody any Military Offender under Sentence of Imprisonment by a General or other Courtmartial, upon Delivery to him of an Order in Writing in that Behalf from the Officer commanding the Regiment or Corps to which the Offender belongs or is attached, which Order shall specify the Period of Imprisonment which the Offender is to undergo; and such Governor, Provost Marshal, Gaoler, or Keeper shall keep such Offender in a proper Place of Confinement, with or without hard Labour, and with or without solitary Confinement, according to the Sentence of the Court, and during the Time specified in the said Order, or until he be discharged or delivered over to Military Custody before the Expiration of that Time under an Order duly made for that Purpose; and whenever Troops are called out in aid of the Civil Power, or are stationed in Billets, or are on the Line of March, every Governor, Provost Marshal, Gaoler, or Keeper of any public Prison, Gaol, House of Correction, Lock-up House, or other Place of Confinement shall receive into his Custody any Soldier, for a Period not exceeding Seven Days, upon Delivery to him of an Order in Writing on that Behalf from the Officer commanding such Troops; and any Governor, Provost Marshal, Gaoler, or Keeper of any public Prison, Gaol, House of Correction, Lock-up House, or other Place of Confinement, who shall refuse to receive and to confine, or to discharge or deliver over, any Military Offender in the Manner herein-before prescribed, shall forfeit for every such Offence the Sum of One hundred Pounds.

XXX. And be it enacted, That the Gaoler or Person having Subsistence of the immediate Inspection of any public Prison, Gaol, House of Soldiers, and Custody and Correction, Lock-up House, or other Place of Confinement in Subsistence of any Part of Her Majesty's Dominions shall diet and supply Deserters, in every Soldier with Fuel and other Necessaries according to the Gaols, &c. Regulations of such Place of Confinement, and shall receive on account of every Soldier, during the Period of his Imprisonment, Sixpence per Diem, which the Secretary at War shall cause to be issued out of the Subsistence of such Soldier, upon Application in Writing signed by any Justice within whose Jurisdiction such Place of Confinement 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 Expence of such Place of Confinement is defrayed; and such Gaoler or Person is hereby required to receive and confine every Deserter who shall be delivered into his Custody by any Soldier conveying such Deserter under lawful Authority, on Production of the Warrant of the Justice of the Peace on which such Deserter shall have been taken, or some Order from the Office of the Secretary at War, which Order shall continue in force until the Deserter shall have arrived at his Destination, and such Gaoler or Person shall

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