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CA P. IV.

56 G. 3. e. 27.

25 G. 3. c. 46.

59 G. 3. c. 101.

28 G.3. c. 24.

An Act for supplying certain Monies therein mentioned for
the Service of the Year One thousand eight hundred and
twenty one.
[23d February 1821.]

"THE 5,000,000l. remaining to be received on Jan. 29. 1821,
"to be applied towards the Supply for 1821, and issued ac-
"cordingly.

CA P. V.

An Act to indemnify such Persons in the United Kingdom
as have omitted to qualify themselves for Offices and Em-
ployments, and for extending the time limited for certain
of those Purposes respectively, until the Twenty fifth Day
of March One thousand eight hundred and twenty two;
and to permit such Persons in Great Britain as have
omitted to make and file Affidavits of the Execution of In-
dentures of Clerks to Attornies and Solicitors, to make
and file the same on or before the First Day of Hilary
Term One thousand eight hundred and twenty two, and to
allow Persons to make and file such Affidavits, although
the Persons whom they served shall have neglected to take
out their Annual Certificates.
[24th March 1821.]

[This Act is the same as 60 G. 3. & 1 G.4. c. 10. except as to Dates.]

CA P. VI.

An Act to continue for Two Years from the passing thereof,
to the End of the then next Session of Parliament, the
several Acts for the Transportation of Offenders from
Great Britain.
[24th March 1821.]

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WHEREAS an Act was passed in the Fifty sixth Year of

the Reign of His late Majesty King George the Third, 'intituled An Act to amend several Laws relative to the Transportation of Offenders, to continue in force until the First Day of May One thousand eight hundred and twenty one, whereby • divers Provisions were made for the Transportation of Offenders 'from England and Wales: And Whereas an Act was passed in the Twenty fifth Year of His said late Majesty's Reign, intituled An Act for the more effectual Transportation of Felons and other Offenders in that part of Great Britain called Scotland, and to • authorize the Removal of Prisoners in certain Cases, certain Parts ' of which Act were by the first recited Act continued in force until the same First Day of May: And Whereas an Act for enlarging the Powers of the said first recited Act was passed in the Fifty ninth Year of His said late Majesty's Reign, to continue in force until the same First Day of May; and it is expedient further to continue the said Acts, and also so much of an Act passed in the Twenty eighth Year of His said late Majesty's Reign, intituled An Act to continue several Laws relating to the 'granting a Bounty on the Exportation of certain Species of British • and Irish Linens exported, and taking off the Duties on the Im'portation

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portation of Foreign Raw Linen Yarns made of Flax, and to the "preventing the committing of Frauds by Bankrupts, and for continuing and amending several Laws relating to the Imprisonment and Transportation of Offenders; as relates to His Majesty's authorizing Persons to make Contracts for the Transportation of Offenders, and directing Security to be given in that behalf;

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and an Act passed in the Forty third Year of His said late 43 G. 3. c. 15. Majesty's Reign, intituled An Act to facilitate and render more easy the Transportation of Offenders, for the further Term herein' after mentioned:' 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 the (So far as resaid Acts of the Fifty sixth, Fifty ninth, and Forty third Years of spects TransHis said late Majesty's Reign, and so much of the said Act of the portation of Offenders) Twenty fifth Year of the same Reign, as relates to the Transport- further conation of Offenders from Scotland, and to their Removal to temporary tinued. Places of Confinement, and so much of the said Act of the Twenty eighth Year of the same Reign as relates to His Majesty authorizing Persons to make Contracts for the Transportation of Offenders, and directing Security to be given in that behalf, shall be and the same are hereby continued in force for Two Years from the passing of this Act, to the End of the then next Session of Parliament.

CA P. VII.

An Act to make perpetual an Act of the Fifty eighth Year of
His late Majesty, to allow the Importation into certain Ports
in Nova Scotia and New Brunswick, of certain enumerated
Articles, and the Reexportation thereof from such Ports.
[24th March 1821.]

[58 G. 3. c. 19. made perpetual.]

CAP. VIII.

An Act to continue until the First Day of January One thou-
sand eight hundred and twenty three, an Act of the Fifty
ninth Year of His late Majesty, for staying Proceedings
against any Governor or other Persons concerned in im-
posing and levying Duties in New South Wales; for continu-
ing certain Duties; and for empowering the said Governor
to levy a Duty on Spirits made in the said Colony.
[24th March 1821.]

[59 G. 3. c. 114. further continued.]

CA P. IX.

An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

[24th March 1821.]

[This Act is the same, and all the Schedules are also the same
as 1 G. 4. c. 19. except as to Dates and the Sections that
are here retained.]

VII. Pro

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Deserter enlisted for a limited Term may be sentenced to serve

for Life, &c. and

be adjudged to other Forfeitures.

General Courtsmartial to con

VII. Provided always, and be it further enacted, That if any Noncommissioned Officer or Soldier in any Regiment or Corps of His Majesty's Regular Forces, so convicted of Desertion, shall appear to have enlisted for a limited Term of Years, it shall be lawful for such Court to sentence any such Noncommissioned Officer or Soldier so enlisted in any Regiment or Corps of His Majesty's Regular Forces to serve for Life as a Soldier, or for any Number of Years beyond the Period for which such Noncommissioned 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 any 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.

XX. And it is hereby further enacted and declared, That all General Courts Martial held under the Authority of this Act shall consist of Thirteen or Nine Commissioned Officers, as the Case may require; except the same shall be holden upon any Officer, Officers, except Noncommissioned Officer or Private Soldier of His Majesty's

sist of 13 or 9 Commissioned

in certain

Places.

General Courts

Martial (except, &c.) not to consist of less than

13 Members.

No General
Court Martial

of less than 13,
(exception) to
sentence Soldier
to Loss of Life,
&c.

Forces, which shall be serving in any Place beyond the Seas out
of His Majesty's Dominions, or out of any of the Settlements
belonging to the United Company of Merchants of England
trading to the East Indies, or in His Majesty's Colony of the
Bermuda Isles; in which cases any General Court Martial may
consist of any Number not less than Seven; and except the same
shall be holden in Africa or in New South Wales, in which Places
such General Courts Martial may consist of any Number not less
than Five; of whom none shall be under the Degree of a Commis-
sioned Officer; nor shall the President of any General Court
Martial be the Officer commanding in Chief, or Governor of the
Garrison where the Offender shall be tried, nor under the Degree
of a Field Officer, unless where a Field Officer cannot be had;
nor in any Case whatsoever under the Degree of a Captain.

XXII. Provided always, and be it further enacted, That no
General Court Martial for the Trial of any Officer (except the
same shall be holden in any Place beyond the Seas out of His
Majesty's Dominions, and out of any of the Settlements belonging
to the United Company of Merchants of England trading to the
East Indies, or in His Majesty's Colony of the Bermuda Isles, or
in Africa, or New South Wales), shall consist of less than Thirteen
Members.

XXIII. Provided always, and be it further enacted, That no General Court Martial, consisting of any less Number than Thirteen Commissioned Officers, unless holden in any Place beyond the Seas out of His Majesty's Dominions, or out of any of the Settlements belonging to the United Company of Merchants of England trading to the East Indies, or in His Majesty's Colony of the Bermuda Isles, or in Africa, or New South Wales as aforesaid, shall sentence any Noncommissioned Officer or Soldier to Loss of Life or Limb, or Transportation.

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• XCIX. And

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Recruits with

• XCIX. And Whereas various Persons are in the Habit of advertising for Recruits for Regiments of the Line, the Embodied Militia, or for the Service of the Honourable the East India • Company, and also under the Pretence of procuring Substitutes for the same, to the great Detriment of the Service:' Be it therefore further enacted, That all Persons whomsoever who shall Advertising for after the passing of this Act advertise, post or disperse, or cause to be advertised, posted or dispersed, Bills for the Purpose of out Authority. procuring Recruits or Substitutes, or shall open or keep any Houses or Place of Rendezvous purporting in any manner whatever to be connected with the Recruiting Service or Department for the Line, Embodied Militia, or East India Company, or shall interfere or be concerned directly or indirectly in any manner or way therewith (except such Recruiting Parties as may be stationed under the Command and Direction of the respective Field Officers of Districts, without the express Permission in Writing of the Adjutant-General, if for the Line or Embodied Militia, or of the Court of Directors, if for the Honourable East India Company's Service), or shall receive any Person or Persons as aforesaid at his House or Office under any such Bill or Advertisement on any Pretence whatever, shall forfeit the Sum of Twenty Pounds for Penalty 201. every such Offence; to be recovered on Conviction before a Magistrate, one Moiety to the Informer, and the other to the Poor of the Parish where such Information shall be laid; and on Default of Payment thereof shall be committed to the Common Gaol or other Public Prison, at the Discretion of the Magistrate, for any Period not exceeding Three Months, and not less than One Month, for each and every such Offence.

CLII. Provided always, and be it enacted, That if any Person Concealing shall harbour, conceal or assist any Deserter from His Majesty's Deserters. Service, knowing him to be such, the Person so offending shall forfeit for every such Offence the Sum of Twenty Pounds; and Penalty 201 upon Conviction, by the Oath of One or more credible Witness or Witnesses, before any of His Majesty's Justices of the Peace, the said Penalty of Twenty Pounds shall be levied, by Warrant under the Hand of such Justice of the Peace, by Distress and Sale of the Goods and Chattels of the Offender; One Moiety of the said Penalty to be paid to the Informer, and the other Moiety to be paid to the Agent of the Regiment or Corps to which any such Deserter did belong, and shall be credited by such Agent in his Public Accounts, and a Report of the Penalty being adjudged shall be made to the Secretary at War by the Justice of the Peace by whom the same shall have been imposed; and in case any such Offender, who shall be convicted as aforesaid of harbouring, concealing, or assisting any such Deserter, shall not have sufficient Goods and Chattels whereon Distress may be made to the Value of the Penalty awarded against him or her for such Offence, or shall not pay such Penalty within Four Days after such Conviction, then and in such Case, such Justice of the Peace shall and may, by Warrant under his Hand and Seal, commit such Offender to the Common Gaol, there to remain without Bail or Mainprize for the Space of Six Months: Provided also, that if any Person Arms, Clothes, shall knowingly detain, buy or exchange, or otherwise receive &c. of Soldiers from any Soldier or Deserter, or any other Person, upon any Ac- or Deserters,

Receiving any

count &c.

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Penalty 51. Buying Oats,

&c.

Hay or Forage
provided for
His Majesty's

Service.
Penalty 51.

Distress.

count or Pretence whatsoever, any Arms, Clothes, Caps or other Furniture belonging to the King, or any Meat, Drink, Beer or other Provision, or any Sheets, or other Articles used in Barracks provided under any Regulations relating thereto, or any such Articles belonging to any Soldier or Deserter as are generally deemed Regimental Necessaries, according to the Custom of the Army, being provided for the Soldier, and paid for by Deductions out of his Pay, or cause the Colour of any such Clothes to be changed, the Person so offending shall forfeit for every such Offence the Sum of Five Pounds; or if any Person shall buy or receive any Oats, Hay, Straw or other Forage provided for the Use of any Horse or Horses belonging to His Majesty's Service, from any Dragoon or other Soldier, knowing him to be such, or shall move, procure, counsel, solicit or entice any Dragoon or other Soldier knowing him to be such, to sell, or otherwise dispose of any such Oats, Hay, Straw or other Forage as aforesaid, the Person so offending shall forfeit for every such Offence the Sum of Five Pounds; and upon Conviction, by the Oath of One or more credible Witness or Witnesses, before any of His Majesty's Justices of the Peace, the said respective Penalties of Five Pounds, and Five Pounds, shall be levied, by Warrant under the Hand of such Justice of the Peace, by Distress and Sale of the Goods and Chattels of the Offender, One Moiety of the said firstmentioned Penalty of Five Pounds to be paid to the Informer, and One Moiety of the said last-mentioned Penalty of Five Pounds to be paid to the Informer, and the Residue of the said respective Penalties to be paid to the Agent of the Regiment or Corps to which any such Deserter or Soldier did belong, who shall report the same to the Secretary at War, and credit the same in his Public Accounts; and in case any such Offender, who shall be convicted as aforesaid of having knowingly received any Arms, Clothes, Caps or other Furniture belonging to the King, or any such Meat, Drink, Beer or other Provisions, or Sheets, or other Articles used in Barracks, or any such Articles generally deemed Regimental Necessaries, or of having caused the Colour of such Clothes to be changed, or of having bought or received any Oats, Hay, Straw or other Forage provided for the Use of any Horse or Horses belonging to His Majesty's Service, from any Dragoon or other Soldier, knowing him to be such, or of having moved, procured, counselled, solicited or enticed any Dragoon or other Soldier, knowing him to be such, to sell or otherwise dispose of any such Oats, Hay, Straw or other Forage as aforesaid, contrary to the Intent of this Act, shall not have sufficient Goods and Chattels If no Distress. whereon Distress may be made to the Value of the Penalties recovered against him or her for such Offence, or shall not pay such Penalties upon such Conviction, or give sufficient Security for Payment thereof within the Space of Four Days from such Conviction, then and in such Case such Justice of the Peace shall and may, by Warrant under his Hand and Seal, either commit such Offender to the Common Gaol, there to remain without Bail or Mainprize for the Space of Three Months, or cause such Of fender to be publicly or privately whipped, at the Discretion of such Justice.

Punishment.

CAP.

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