Duties to be paid at the by the Order in Council. to such Court or Courts respectively, to stay all Proceedings thereon respectively, by Motion in a summary Way, and such Court or Courts are hereby required to make Order for that Purpose accordingly; and the Court or Courts making such Order shall allow and award to the Defendants or Defenders respectively Double Costs of Suit, for which they shall respectively have the like Remedy as in Cases where the Costs are by Law given to Defendants or Defenders. III. And be it further enacted, That the several Duties of Customs, for the Payment of which Bond hath been given under and Rates required in pursuance of the said Order in Council, shall be paid and payable to His Majesty at and after the Rates mentioned and required in and by the said Order in Council; and that all Bonds made and executed for securing the Payment of such Duties shall to all Intents and Purposes be as valid and effectual in the Law as if the same had been made and executed by and under the Authority of an Act of Parliament requiring the same. Bonds declared valid. Importation of Foreign Oats, &c. allowed 6 6 IV. And Whereas it is expedient, pursuant to the Provisions of the said Order in Council, to permit the Importation of the several Articles aforesaid, until the Expiration of Forty Days, to 'be reckoned from the Day of the Commencement of the present Session of Parliament, and still further to permit such Importation for a limited Time;' Be it therefore enacted, That it shall and may be lawful during the said Period of Forty Days, and from thenceforward until the Fifteenth Day of February One thousand eight hundred and twenty seven, to enter and import ment of Duty. for Home Consumption, in any of the Ports of the United Kingdom and of the Isle of Man, Foreign Oats, Oatmeal, Rye, Pease, or Beans upon and subject to the Payment of the several Duties of Customs mentioned in and by the said Order in Council; any Law, Statute, or Usage to the contrary in anywise notwithstanding. until 15th Feb. 1827, on Pay Number of CA P. IV. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters. [21st March 1827.] THEREAS the raising or keeping a Standing Army within ' of Peace, unless it be with the Consent of Parliament, is against Law: And Whereas it is judged necessary by His 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 His Majesty's Crown, and the Preservation of the Balance of Power in Europe, and that the whole Number of such Forces should consist of Eighty seven thousand three hundred and fifty nine Men, exclusive of the Officers and Men belonging to the Regiments employed in the Territorial Possessions of the East India Company, but including the Officers and Men of the Troops and Companies recruiting for those Regi⚫ments: And Whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punish'ment within this realm by Martial Law, or in any other Manner than by the Judgment of his Peers, and according to the known ' and Every Officer or Private Man, tinuance of this during the ConAct, who shall mutiny or desert, &c. ' 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 His 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 King'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 if any Person who is or shall be commissioned or in Pay as an Officer, or who is or shall be listed or in Pay as a Noncommissioned Officer or Soldier, shall at any Time during the Continuance of this Act begin, excite, cause, or join in any Mutiny or Sedition in His 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, shall not without Delay give Information thereof to his Commanding Officer; or shall misbehave himself before the Enemy; or shall shamefully abandon or deliver up any Garrison, Fortress, 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 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 he or they shall be commanded to defend ; or shall leave his Post before or shall be relieved; or shall be found sleeping on his Post; or shall hold found sleeping Correspondence with or give Advice or Intelligence to any Rebel upon or shall or Enemy of His Majesty, either by Letters, Messages, Signs, or &c. Tokens in any Manner or Way whatsoever; or shall treat or enter into any Terms with such Rebel or Enemy, without His Majesty's Licence, or Licence of the General or Chief Commander; or shall or shall strike strike or use any Violence against his superior Officer, being in or disobey his superior Officer, the Execution of his Office; or shall disobey any lawful Comshall suffer mand of his superior Officer; or shall desert His Majesty's Ser- Death, or such vice; all and every Person and Persons so offending in any of the Punishment as Matters before mentioned, whether such Offence shall be com- a Court-martial mitted within this Realm, or in any other of His Majesty's may inflict. Dominions, or in Foreign Parts, upon Land or upon the Sea, shall suffer Death, or such other Punishment as by a Court-martial shall be awarded. desert his Post, deemed De II. Provided always, and it is hereby declared and enacted, Soldiers enThat no Noncommissioned Officer or Soldier who shall desert His listed in any Majesty's Service shall be exempt from the Pains and Penalties other Regiimposed by this Act for such Offence, by again enlisting into His ment, &c. to be Majesty's Service; but any such Soldier shall, notwithstanding serters. such subsequent Enlistment, be deemed to have deserted His Majesty's Service, and shall in like Manner suffer Death, or such other Punishment as by a Court-martial shall be awarded. III. And Whereas Doubts have arisen, whether Soldiers who of Right belong to Corps from which they have deserted may 'be proceeded against and tried for deserting any other Corps in which B 3 Deserters who shall enlist in another Regiment, &c. may be punished by a Court-martial in such Regiment, &c. Deserter may and returning before Expiration of the Term limited, he shall suffer Death. which they may afterwards have enlisted, or from His Majesty's Service, if they shall not, after such subsequent enlisting, have been placed in any Corps, or for any Crime committed by them 'whilst serving therein; Be it therefore enacted, That every such Soldier shall be liable to be tried by a Court-martial, and punished in like Manner as if he had originally enlisted in and of Right belonged to the Regiment, Corps, Troop, Company, Detachment, or Party in which he shall be at the Time of any subsequent Desertion or committing any Offence, notwithstanding it shall have been discovered or known that he had previously belonged to some other Regiment, Corps, Troop, or Company, Detachment or Party, and had not been discharged therefrom: Provided always, that if such Person shall be claimed by such other Regiment, Corps, Troop, or Company, Detachment or Party, and be proceeded against as a Deserter therefrom, his subsequent Desertion from any one or more Corps in which he may have unwarrantably enlisted may (unless he shall already have been tried for the same) be given in Evidence as an Aggravation of his Crime; previous Notice being always given to such Deserter of the Fact or Facts intended to be produced in Evidence upon his Trial. IV. And be it further enacted and declared, That in case of be transported; any Noncommissioned Officer or Soldier tried and convicted of Desertion, whensoever the Court-martial which shall pass Sentence upon such Trial shall not think the Offence deserving of Capital Punishment, such Court-martial may, instead of awarding a Corporal Punishment, adjudge the Offender, according to the Nature of the Offence, if they shall think fit, to be transported as a Felon for Life, or for a certain Term of Years: And if such Noncommissioned Officer or Soldier, having been adjudged to be transported as a Felon, 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 of Great Britain and Ireland, 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 the ordinary Course of Law, every such Person shall be deemed and adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy. His Majesty, where Courts martial award a Capital Punishment, may order Offenders to be transported. V. Provided always, and be it enacted, That in all Cases wherein a Capital Punishment shall have been awarded by a Courtmartial, it shall be lawful for His Majesty, instead of causing such Sentence to be carried into Execution, to order the Offender to be transported as a Felon for Life, or for a certain Term of Years, as to His Majesty shall seem meet; and if the Person so transported, in pursuance of such Order from His Majesty, 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 Great Britain or Ireland, or in any of His Majesty's Possessions abroad, other than the Place to which he shall have been transported, before the the Expiration of the Term limited by such Order, and shall be duly convicted thereof, he shall suffer Death as a Felon without Benefit of Clergy. dier in any VI. And be it further enacted, That it shall be lawful for any Deserter m General or General Regimental Court-martial to sentence any be sentenced to Noncommissioned Officer or Soldier convicted of Desertion by serve as a Solsuch Court, to general Service as a Soldier, and that His Majesty Corps. may thereupon direct that such Service shall be in any Regiment or Regiments or Corps, and in any Country or Place or Places, abroad or otherwise, as He may think fit. VII. Provided always, and be it further enacted, That if any Deserter enNoncommissioned Officer or Soldier in any Regiment or Corps of listed for a His Majesty's Regular Forces, so convicted of Desertion, shall limited Term appear to have enlisted for a limited Term of Years, it shall be may be sentenced to serve lawful for such Court to sentence any such Noncommissioned for Life, &c. Officer or Soldier so enlisted in any Regiment or Corps of His and be adjudg Majesty's Regular Forces to serve for Life as a Soldier, or for ed to other any Number of Years beyond the Period for which such Noncom- Forfeitures. missioned Officer or Soldier shall have enlisted, in the Regiment in which he so enlisted, or generally in any Regiment or Corps which His Majesty shall please to direct; and any Noncommissioned Officer or Soldier may, in case of Desertion, be adjudged to forfeit all Benefit or Advantage as to Increase of Pay, or as to Pension or Discharge, which might otherwise have accrued to such Noncommissioned Officer or Soldier from the Length of his previous Service, and such Forfeiture may in such Cases of Desertion be adjudged in addition to any other Punishment, if the Court should think fit. VIII. And be it further enacted, That it shall be lawful for any Court-martial, before which any Noncommissioned Officer or Soldier shall be tried and convicted of Desertion, to direct, if it shall so think fit, in addition to any other Punishment such Court may award for any such Desertion, that such Deserter be marked on the Left Side, Two Inches below the Armpit, with the Letter (D.), such Letter not to be less than Half an Inch long, and to be marked upon the Skin with some Ink or Gunpowder, or other Preparation, so as to be visible and conspicuous, and not liable to be obliterated. A Mark to be affixed on the Body of De serters. &c. shall be notified by the Commander in Chief or the Adjutant General to any Justice of the &c. who shall King's Bench, make an Order for the Transportation of IX. And be it further enacted, That whenever His Majesty Sentence of shall intend any Sentence of a Court-martial of Transportation to Transportation, be carried into Execution, or shall be graciously pleased to extend His Mercy, upon Condition of Transportation, to any Offender liable to the Punishment of Death by the Sentence of a Courtmartial, such Sentence, together with His Majesty's Pleasure upon the same, shall be notified in writing by the Commander in Chief for the Time being of His Majesty's Forces in Great Britain and Ireland, or in the Absence of the Commander in Chief, then by the Adjutant General for the Time being, to any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer of the Degree of the Coif in England, or to any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer in Ireland; 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 such Offenders. Such Notifi be filed in the make such other Order or Orders, and do all such other Acts consequent upon the same, as any such Justice or Baron is authorized to make or do by any Act or Acts in force at the Time of making any such Orders in relation to the Transportation of Offenders; and such Order and Orders so to be made, and all such Acts as shall be so done as aforesaid, shall be obeyed and done by such Person in whose Custody such Offender shall at that Time be, and all other Persons whom it may concern, and shall be as effectual, and have all the same Consequences, as any Order made under the Authority of the said Act with respect to any Offender in the said Act mentioned; and every Sheriff, Gaoler, Keeper, Governor, or Superintendant whom it may concern, and all Constables, and other Persons, shall be bound to obey the aforesaid Order and Orders, be assistant in the Execution thereof, and be liable to the same Punishment for Disobedience, or interrupting the Execution of the same, as they would be if the same had been made under the Authority of the aforesaid Act; and every Person so ordered to be transported as aforesaid shall be subject respectively to all and every the Provision and 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. [See post, Cap. 63.] X. And be it further enacted, That the Justice or Baron who cation, &c. shall shall make any such Order as aforesaid, under any such Notification of His Majesty's Pleasure as aforesaid, shall direct the said Notification, and his own Order made thereupon, to be filed in the Office of the Clerk of the Crown of His Majesty's Court of King's Bench, and to be there kept of Record; and the said Clerk of the Crown shall receive a Fee of Two Shillings and Sixpence, and no more, for filing the same. who shall, on Application, deliver a Certi ficate of the Conviction of any such Offender, &c. Sentence of Transportation in India, &c. to be notified by XI. And be it further enacted, That the said Clerk of the Crown of His Majesty's Court of King's Bench shall, upon the Application of any such Offender who shall be ordered by His Majesty to be transported as aforesaid, or of any other Person applying on his Behalf, or on the Application of any Person on Behalf of His Majesty, deliver a Certificate in Writing under his Hand (not taking for the same more than Two Shillings and Sixpence), 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 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. XII. Provided always, and be it further enacted, That whenever any Sentence of Transportation passed by any Court-martial holden in the East Indies, or in Saint Helena, or in His Majesty's Settlements of the Cape of Good Hope or Ceylon, or in any Settlement occupied by His Majesty's Forces beyond the Cape of Good Hope, is to be carried into Execution, or Mercy shall be Judge of one of extended to any Offender liable to the Punishment of Death by the Officer commanding in Chief to some the |