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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 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 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, House of Correction, or other Public Prison of the City,
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 of Ten Pounds, together with Treble the Value of the Arms,
Hay, or Forage