Page images
PDF
EPUB

H

the said County of Middleser, and for the said County of Surrey, and for the said Borough of Southwark in the said County of Surrey,

respectively, (which Warrant or Warrants the said Justice or Just? tices is and are hereby empowered and required to make and 122 issue ;) and for Want of sufficient Distress to be found for that * Purpose, the said Justice or Justices is and are hereby empowered

and required, by Warrant or Warrants under his or their Hand and Seal or Hands and Seals, to commit the Person or Persons so offending to the Common Gaol of the said City of Westminster, the said County of Middlesex, the said County of Surrey, or the said Borough of Southwark in the said County of Surrey, there to remain for any Time to be limited by such Justice or Justices, not exceeding Three Calendar Months nor less than One Calendar Month, without Bail or Mainprize.

LXXVI. · And Whereas, from various local Circumstances, the Rates of Car• Rates of Carriage in Ireland cannot be regulated in the same riage in Ireland. • Manner as the Rates in England ;' Be it therefore enacted, That

the Sums to be paid in that Behalf in Ireland shall be as follows; 1 (that is to say,) for every Hundred Weight which the Owner or

Owners of any Wheel Carriage shall take as Loading on such Wheel Carriage, the Sum of One Halfpenny for every Mile or reputed Mile he or they shall therewith march ; or if the Price of Hay and Oats shall render a further Allowance necessary, then such further Sum as shall be fixed by the Justices of the Peace for any County or District, not exceeding One Halfpenny a Mile for every Three hundred Weight which such Carriage shall take, but such further Allowance shall not continue in force longer than until the next succeeding General Quarter Sessions of the Peace, unless it be then continued by the Justices at such Sessions; and that the said Sums respectively shall be paid to such Owner or Owners respectively, or to their Carmen or Draymen respectively; and that every such Payment shall, if required, be made in the Presence of a Justice of the Peace, Constable, or Petty Constable.

XCVIII. And be it further enacted, That any Person who shall Personsmaking knowingly, wilfully, and designedly make any false Represent. false Representation of any Particular contained in the Oaths respectively marked ations for the

Purpose (A.) and (B.) and Certificates marked (C.) and (D.) in the Sche

taining Bounty, dule to this Act respectively contained and annexed, before the guilty of obJustice of the Peace or Magistrate at the Time of his Attestation, taining Money for the purposes of obtaining and shall obtain any Enlisting Money under false

Pretences. or any Bounty for entering into His Majesty's Service, or any

7&8 G.4.c. 29. other Money, shall be deemed guilty of obtaining Money under

266.3.c.37.(I.) false Pretence, within the true Intent and Meaning, if in England, (This Act, of an Act passed in the last Session of Parliament, intituled An 266.3.c.37.(I.), Act for consolidating and amending the Laws in England relative is repealed by to Larceny and other Offences connected therewith ; and if in Ire. 9G.4. c.53.,

and Persons land, of an Act passed in the Twenty-sixth Year of the Reign of

guilty of obtain His late Majesty King George the Third, intituled An Act for ing Money the more effectual Punishment of Persons who attain or attempt under false Preto attain Possession of Money or Goods by false Pretences or tences in Ireland Threats (a); and the Production of such Certificate, and Proof of are punishable

under 9 G.4. the Handwriting of the Justice of the Peace giving such Certi

c.55.] ficate, shall be sufficient Evidence of such Party having repreB 4

sented

ob

[ocr errors]

sented the several Particulars contained in the Oath sworn by him, and specified in the Certificate of the Justice, 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 Regiment in His Majesty's Service, or to His Majesty's Navy or Marines, shall be deemed and taken as Evidence of the Fact so by him declared or acknowledged, without Production of any Roli or other

Document to prove the same. Penalty on CII. · And Whereas various Persons are in the Habit of adPersons adver

vertising for Recruits for Regiments of the Line, the Embodied tising for Re

• Militia, or for the Service of the Honourable the East India cruits without Authority.

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 advertise, post, or disperse, or cause to be advertised, posted, or dispersed, Bills for the purpose of 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, Embadied 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 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 Calendar Months, and not less than One Calendar Month, for each

and every such Offence. Penalty on CIII. And be it further enacted, That if any Person duly Apprentices bound as an Apprentice shall 'enlist as a Soldier in His Majesty's enlisting them- Land Service, and shall state to the Justice of the Peace or Maselves.

gistrate before whom he shall be carried that he is not an Apprentice, every such Person, so offepding, and being thereof duly convicted, shall be and is hereby declared to be subject and liable to be imprisoned in any Gaol or House of Correction, and kept to Hard 'Labour for Two Years, may be indicted and punished for obtaining Money under false Pretences under the Provisions of the said recited Act of the last Session of Parliament, and shall after the Expiration of his Apprenticeship, whether such Person shall have been so convicted and punished or not, be liable to serve as a Soldier in any Regiment of His Majesty's Regular Forces; and if on the Expiration of his Apprenticeship he shall not deliver himself to some Officer authorised to receive Recruits, may be taken as a Deserter from His Majesty's Forces.

CVI. Provided

CVI. Provided always, and be it further enacted, That no Masters in Master in Scotland shall be precluded from claiming any Ap- Scotland not prentice who shall hereafter enlist, by reason of the Contract or precluded from Indenture not having been produced to a Justice of the Peace in claiming Ap.

prentices, if the the Manner directed by the Act of the Fifty-ninth Year of the

Indenture be Reign of His late Majesty King George the Third, intituled An produced to a Act for punishing Mutiny and Desertion, and for the better Payment Justic vithin of the Army and their Quarters, within the Time therein limited, 3 Months. provided the same shall be produced to any Justice of the Peace of the County wherein the Parties reside, and be indorsed as therein directed, at any Time within Three Calendar Months after the passing of this Act.

cxix. And Whereas several Soldiers, being duly enlisted, do Justices may ' afterwards desert, and are found wandering, or otherwise absent- commit De

ing themselves illegally from His Majesty's Service;' it is hereby Serters. further enacted, That it shall and may be lawful for the Constable, Headborough, or Tithingman of the Town, Parish, Township, or Place where any Person who may be reasonably suspected to be such a Deserter shall be found, or of any adjoining Town, Parish, Township, or Place, if no such Constable, Headborough, or Tithingman can be immediately met with, then for any Officer or Soldier in His Majesty's Service, 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 hath hereby Power to examine such suspected Person; and if by his Confession, or the Testimony of One or more Witness or Witnesses upon Oath, or by the Knowledge of such Justice of the Peace, it shall appear to be found that such suspected Person is a listed Soldier, and ought to be with the Troop or Company to which he belongs, such Justice of the Peace shali, 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, when 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; or to the Provost Marshal in case such Deserter shall be apprehended within the City or Liberties of Dublin, or Places adjacent; and transmit an Account thereof, in the Form prescribed in the Schedule annexed to this Act marked (N.), to the Secretary. at War for the Time being in London ; or if the Deserter be apprehended in Deland, to the Chief Secretary to the Chief Governor or Governors thereof; to the end that such Person may be removed by an Order from the Office of the said Secretary at War, or Chief Governor or Governors, and proceeded against according to Law; and the Keeper of every Gaol, House of Correction, or Prison, in which such Deserter shall at any Time be confined, shall receive such Subsistence for the Maintenance of such Deserter during the Time that he shall continue in his Custody, as by His Vajesty's Regulations is or shall from time to time be directed in that Behalf; and the Keeper of every

Gaol,

4

serters.

V い

Gaol, House of Correction, or other Public Prison of the City,
Town, or Place, at or in which the Party or Person conveying
such Deserter shall halt on the March, shall and he is hereby
required to receive and confine every such Deserter who shall be
delivered into his Charge and Custody by any Non-commis-
sioned Officer or Soldier who shall be conveying such Deserter
under any lawful Order, Warrant, or Authority, while on
Road from the Place where he was apprehended to the Place to
which he is to be conveyed, without any other Warrant or
Authority for so doing than the 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,
or of the Chief Governor or Governors of Ireland, and shall be
entitled to One Shilling for the safe Custody of the said Deserter
while the Party or Person conveying him shall halt on the
March ; any Law, Usage, or Custom to the contrary notwith-

standing. Penalty on CXXIII. Provided always, and be it enacted, That if any Person Persons con- shall harbour, conceal, or assist any Deserter from His Majesty's cealing De

Service, knowing him to be such, in deserting or in concealing himself from such Service, the Person so offending shall forfeit for every such Offence the Sum of Twenty Pounds; and upon Con. viction by the Oath of One or more credible Witness or Witnesses, before One or more 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 Justices 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 whereen 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 Calendar Months. Penalty on

CXXV. And be it enacted, That if any Person shall knowingly Persons receiv- detain, buy, or exchange, or otherwise receive from any Soldier ing any Arms, or Deserter, or any other Person, upon any Account or Pretence Clothes, &c. of Soldiers or

whatsoever, any Arms, Ammunition, Clothes, Caps, or other FurDeserters, &c.

niture belonging to the King, or any Meat, Drink, Beer, or other Provisions, 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

[ocr errors]

Sum of Ten Pounds, together with Treble the Value of the Arms,
Ammunition, Clothes, Caps, or other Furniture or Provision,
Sheet, or other Article so detained, bought, exchanged, or other-
wise received; or if any Person shall buy or receive any Oats, and on Persons
Hay, Straw, or other Forage provided for the Use of any Horse buying Oats,
or Horses belonging to His Majesty's Service, from any Dragoon provided for

Hay, or Forage
or other Soldier, knowing him to be such, or shall move, procure, His Majesty's
counsel, solicit, or entice any Dragoon or other Soldier, knowing Service.
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 Ten Pounds, to-
gether with Treble the Value of the Oats, Hay, Straw, or other
Forage so bought, received, sold, or otherwise disposed of; 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 Ten Pounds, and Ten 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 first-mentioned Penalty of Ten Pounds to
be paid to the Informer if not a Soldier, and one Moiety of the
said last-mentioned Penalty of Ten Pounds to be paid to the
Informer if not a Soldier, 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 every Case in which the Informer shall
be a Soldier, the Moiety of the said Penalties shall be paid to
the Secretary at War, and shall be applied as a Fund for the
Payment of the Costs, Charges, and Expences of proceeding for
the Recovery of such Penalties, in Cases in which no sufficient
Goods and Chattels shall be found whereby such Penalties and
Costs can be levied by Distress and Sale as aforesaid ; and a
Report of the said respective Penalties being adjudged shall be
made to the Secretary at War by the Justices of the Peace by
whom the same shall have been imposed ; and in case any such
Offender who shall be convicted as aforesaid of having knowingly
received any Arms, Ammunition, Clothes, Caps, or other Furni.
ture 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, so-
licited, 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 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

« PreviousContinue »