Constables, &c. may apprehend < Gaol Keeper to receive the Subsistence of Deserters. 6 LVI. And Whereas several Marines, who being duly entered, may afterwards desert, and be found wandering, or otherwise absenting themselves illegally from His Majesty's Service;' it is hereby further enacted, That it shall and may be lawful to and for the Constable, Headborough, or Tithingman of the Town, Parish, Township, or Place, where any Person who may reasonably be suspected to be such a Deserter shall be found, or of any adjoining Town, Parish, Township, or Place, or if no such Constable, Headborough, or Tithingman can be immediately met with, then for any Marine Officer or Marine, to apprehend or cause such suspected Person to be apprehended, and to bring or cause him to be brought before any Justice of the Peace living in or near such Town or Place, and acting for the same or any adjoining County, who is hereby empowered and required to examine such suspected Person; and if, by his Confession, or the Testimony of One or more Witness or Witnesses upon Oath, or by Knowledge of such Justice of the Peace, it shall appear or be found that such suspected Person is a Marine duly entered, and ought to be with the Company to which he belongs, whether such Company shall be employed on board any of His Majesty's Ships or Vessels, or quartered on Shore, or employed on board any Transport Ship, or Merchant Ship or Vessel, or any Ship or Vessel of His Majesty not being in Commission, or any Convict Hulk or Ship, such Justice of the Peace shall, without Fee or Reward to himself or his Clerk, forthwith cause him to be conveyed to the Gaol or the House of Correction or other Public Prison in such Town or Place where such Deserter shall be so brought before such Justice of the Peace, or if there be no Gaol, House of Correction, or other Public Prison in such Town or Place, then, at the Discretion of such Justice of the Peace, to the nearest or most convenient Gaol, House of Correction, or other Public Prison in the same or any next adjoining County, and transmit an Account thereof to the Secretary of the Admiralty for the Time being, with a Description of the Person of such Deserter, and the Name of the Division to which he may belong, to the end that he may be proceeded against according to Law; and the Keeper of every Gaol, House of Correction, or Prison, shall receive such Subsistence-Money, for the Maintenance of such Deserter during the Time he shall continue in his Custody, as shall from time to time be directed in that Behalf by the said Lord High Admiral, or Two or more of the Commissioners for executing the said Office of Lord High Admiral, for the Time being, but shall not be entitled to any Fee or Reward on account of the Imprisonment of any such Deserter; any Law, Usage, or Custom to the contrary notwithstanding: Provided always, that it shall be lawful for the said Lord High Admiral or the said Commissioners for the Time being, if they should think fit, to order the Issue and Payment of any Arrears of Pay, or of the Surplus of such Pay, or any Portion thereof, to or on account of such Non-commissioned Officer or Private Marine, during or after the Expiration of his Period of Imprisonment in any Gaol or House of Correction or other public Prison. Penalty on LXII. And be it further enacted, That if any Person shall Persons receiv- knowingly detain, buy, or exchange, or otherwise receive any Arms, D.. Arms, Ammunition, Clothes, Caps, or other Furniture belonging ing the Arms, Oath marked LXXVIII. And be it further enacted, That any Person who Persons makshall knowingly, wilfully, and designedly make any false Repre- ing false Resentation of any Particular contained in the Form of Oath presentations in taking the marked (A.) in ̇the Schedule annexed to this Act, before the Justice of the Peace at the Time of his Attestation, for the Purpose of obtaining, and shall thereupon obtain any Enlisting taining Bounty, Money, or any Bounty or Part of the Bounty, for enlisting into shall be deemed His Majesty's Royal Marines, or any other Money, shall be guilty of obdeemed guilty of obtaining Money under false Pretences, within taining Money the true Intent and Meaning, if in England, of an Act passed in Pretences. the last Session of Parliament, intituled An Act for consolidating 7&8G.4. c.29. and amending the Laws in England relative to Larceny, and other 26G.3.c.37.(I.) Offences connected therewith; and if in Ireland, of an Act passed [This Act, in the Twenty-sixth Year of the Reign of His late Majesty King 26G.3.c.37.(I.), George the Third, intituled An Act for the more effectual Punish- is repealed by ment of Persons who attain or attempt to attain Possession of and Persons B2 Money under false 9 G. 4. c.53., 1 guilty of obtain ing Money under false Pretences in Ireland are punishable under 9 G. 4. c.55.] Sentence of Transportation, &c. shall be notified by the Commander in Money or Goods by false Pretences or Threats; and the Production of such Oath, and Proof of the Justice's Hand-writing thereto, shall, in any Prosecutions to be instituted against the enlisting Person or Recruit therein named, be sufficient Evidence of such Person having represented the several Particulars contained in such Oath at the Time of his being attested; and that Proof by the Oath of One or more credible Witness or Witnesses, that the Person so prosecuted hath freely and voluntarily declared or acknowledged that at the Time of his Enlistment he belonged to the Militia, or to any Corps or Regiment in His Majesty's Service, or to His Majesty's Royal Navy or Royal Marines, or that he was an Apprentice, shall be deemed and taken as sufficient Evidence of the Fact so by him declared or acknowledged, without Production of any Roll or other Document to prove the same; and in case such Person shall be an Apprentice, or shall belong to the Militia, he shall, immediately after the Expiration of his Apprenticeshp, or other sooner Determination of it, or at the Expiration of the Period of his Service in the Militia, whether he shall have been convicted and punished or not, be deemed duly enlisted, and be liable from thenceforth to serve as a Marine; and if, on the Expiration or other sooner Determination of his Apprenticeship, or at the Expiration of the Period of his Service in the Militia, he shall not deliver himself up to some Officer at the Head Quarters of one of the Divisions of His Majesty's Royal Marine Forces, or to some Royal Marine Officer authorized to receive Recruits, he shall be liable to be apprehended and dealt with as a Deserter from His Majesty's said Royal Marine Forces: Provided always, that every such Person belonging to the Militia shall be liable to serve, within the United Kingdom of Great Britain and Ireland, in the Division of the Royal Marine Forces in which he shall have 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 be liable to be apprehended and dealt with and punished as a Deserter from the Division into which he shall have so enlisted, if he shall neglect or refuse to join and serve in such Division. CA P. IV. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters. [21st March 1828.] [Number of Forces, 91,075.] [The Schedule to this Act which is marked O is the same as that to 7 & 8 G. 4. c.4. which is marked DD, and is referred to in the Body of the Act accordingly. In all other Respects, except Dates and the Sections here inserted, the Two Acts are the same.] IX. And be it further enacted, That whenever His Majesty shall intend any Sentence of a Court-martial of Transportation to 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 Court martial, Justice of the King's Bench, &c. who shall make an Order for the Transportation of such Offenders. martial, such Sentence, together with His Majesty's Pleasure Adjutant Geupon the same, shall be notified in Writing by the Commander in neral to any Chief for the Time being of His Majesty's Forces in Great Britain and Ireland, or by the General Officer commanding in chief for the Time being His Majesty's Forces in Great Britain and Ireland or in the temporary Absence of such Commander in Chief, or such General Officer, 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 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 Superintendent 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 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. XXVI. And be it further enacted, That every Non-commissioned Officer or Soldier sentenced to Imprisonment by any General or other Court-martial shall forfeit all Right to any Pay from the Day of his Commitment during the Time of such Imprisonment; and also, that during the Continuance of any Imprisonment in any Prison, Gaol, or House of Correction, the Gaoler or Keeper of such Prison, Gaol, or House of Correction in Great Britain and Ireland, the Inspector under whose immediate Inspection such House of Correction, Gaol, or Prison shall be, shall receive and apply in the Maintenance of such Non-commissioned Officer or Soldier the Sum of Sixpence per Diem out of the Subsistence of such Noncommissioned Officer or Soldier during the Time that such Noncommissioned Officer or Soldier shall continue in Custody; which said Sum the Secretary at War is hereby authorized and required to cause to be paid to the said Gaoler or Keeper, or Inspector respectively as aforesaid, upon receiving an Application in Writing signed by any Justice of the Peace for the County or Riding in which such Gaol, Prison, or House of Correction shall be locally situate, together with a Copy of the Order under which the said B 3 Non Such Non-commissioned Officers and feit their Pay. Allowance to Gaolers, &c. Soldiers to for Constables, &c. in Westminster and Surrey to deliver at Quarter Sessions, Lists of Houses subject to receive Soldiers, &c. in their respective Divisions; without Fee. Non-commissioned Officer or Soldier was confined: Provided always, that it shall be lawful for the Secretary at War, if he shall think fit, to order the Issue and Payment of any Arrears of Pay, or of the Surplus of such Pay, or any Portion thereof, or of any Arrears thereof, to or on account of such Non-commissioned Officer or Soldier, during or after the Expiration of the Period of his Imprisonment in any Prison, Gaol, House of Correction, or Place of Military Confinement. LV. And for the better preventing Abuses in billeting and quartering such Officers and Soldiers in the said City and Liberties of Westminster, and Parts adjacent, lying in the said County of Middlesex, and in the said County of Surrey, and in the said Borough of Southwark in the said County of Surrey, be it enacted, That the Petty Constables, Headboroughs, and Tithingmen of their respective Parishes, Wards, Hamlets, and Districts within the same, shall at every General Quarter Sessions of the Peace to be holden for the said City and Liberties of Westminster, in the said County of Middlesex, and in the said County of Surrey, and the said Borough of Southwark in the said County of Surrey, respectively, make and deliver to the Justices then in open Sessions assembled, upon Oath, which Oath they the said Justices are hereby authorized and required to administer, true Lists signed by them respectively of all such Houses, together with the Number of all such Persons respectively inhabiting the same, within his or their Parish, Ward, Hamlet, or District respectively, as are subject and liable by this Act to receive such Officers and Soldiers, together with the Names and Rank of all such Officers and Soldiers as are quartered and billeted to be inspected in each House respectively; and such Lists shall remain with the Clerks of the Peace of the said City and Liberties of Westminster, the said County of Middlesex, the said County of Surrey, and the said Borough of Southwark in the said County of Surrey, respectively, to the Intent that all and every Person and Persons may be at liberty to inspect the same without any Fee or Reward; and such Clerk shall forthwith from time to time make and deliver to every or any Person or Persons who shall require the same, true Copies of all and every or any such Lists, upon being paid Twopence a Sheet for each and every such Copy so taken, each Sheet to be computed at and contain One hundred and fifty Words; and if Default or Neglect shall be made by any Petty Constable, Headborough, or Tithingman, of any such Parish, Ward, Hamlet, or District, in the delivering such Lists to the Justices at their Quarter Sessions as aforesaid, or if he or they shall so deliver or cause to be delivered in any false or defective List, not including and giving defective specifying therein all and every such House and Houses so liable by this Act to receive such Officers and Soldiers, or the Names and Rank of all such Officers and Soldiers as are quartered and billeted in each House respectively; such Petty Constable, Headborough, and Tithingman, or any of them so offending therein, shall for every such Offence forfeit the Sum of Five Pounds, to the Use of the Poor of such respective Parishes, Wards, Hamlets, and Districts; to be levied by Distress and Sale of the Offender's Goods and Chattels, by Warrant or Warrants under the Hand and Seal or Hands and Seals of One or more of His Majesty's Justice or Justices of the Peace for the City and Liberties of Westminster, for Copies of such Lists to be Penalty on Penalty on Lists. How to be levied. the |