Imatges de pàgina
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be liable to be tried a Second Time for the same Offence except in the Case of an Appeal from a Divisional to a General Courtmartial against a Conviction; and that no Sentence of any Court- Revision of martial, signed by the President 'thereof, shall be liable to be Sentence. revised more than once; and no Witness shall be examined nor shall any additional Evidence be received by the Court on such Revision.

Confession of

Desertion.

XXX. And be it enacted, That any Person who shall volun- Fraudulent tarily deliver himself up as a Deserter from Her Majesty's Royal Marine Forces, or who, upon being apprehended for any Offence, shall, in the Presence of the Justice, confess himself to be a Deserter as aforesaid, shall be deemed to have been duly enlisted and to be a Marine, and shall be liable to serve in Her Majesty's Royal Marine Forces, whether such Person shall have been ever actually enlisted as a Marine or not; and in case such Person shall not be a Deserter from the Royal Marine Forces, or shall have been discharged therefrom or from any other Corps as unserviceable or by Sentence of Court-martial, or shall be incapable of Service, he shall be liable to be punished as a Rogue and Vagabond, by summary Conviction before any Justice of the Peace, or may be prosecuted and punished for obtaining Money under false Pretences; and the Confession and receiving Subsistence as a Marine by such Person shall be Evidence of the false Pretence and of the obtaining Money to the Amount of the Value of such Subsistence, and the Value of such Subsistence so obtained may be charged in the Indictment as so much Money received by such Person; and in case such Person shall have been previously convicted of the like Offence, or as a Rogue and Vagabond for making a fraudulent Confession of Desertion, such former Conviction may be alleged in the Indictment, and may be proved upon the Trial of such Person; and in such Indictment for a Second Offence it shall be sufficient to state that the Offender was at a certain Time and Place convicted of obtaining Money under false Pretences as a Deserter, or as a Rogue and Vagabond for making a fraudulent Confession of Desertion, without otherwise describing the said Offence; and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for the former Offence, purporting to be signed by the Clerk of the Court or other Officer having the Custody of the Records of the Court where the Offender was first convicted, or by the Deputy of such Clerk, or by the Clerk of the convicting Magistrates, shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of the First Conviction, without Proof of the Signature or official Character of the Person appear. ing to have signed the same; and if the Person so confessing himself to be a Deserter shall be serving at the Time in Her Majesty's Royal Marine Forces he shall be deemed to be and shall be dealt with as a Deserter.

L. And be it enacted, That for the regular Provision of Carriages Supply of Carfor the Royal Marine Forces and their Baggage on their Marches riages. in England and Ireland, all Justices of the Peace within their several Jurisdictions, being duly required thereunto by Order of the said Lord High Admiral, or Two or more of the Commis sioners for executing the said Office of Lord High Admiral, for

Rates for Carriages.

the Time being, shall, on the Production of such Order to them, or any One or more of them, by the Officer or Non-commissioned Officer of the Party of Marines so ordered to march, issue a Warrant to any Constable having Authority to act in any Place from, through, near, or to which such Marines shall be ordered to march, (for each of which Warrants a Fee of One Shilling only shall be paid,) requiring him to provide the Carriages, Horses, Oxen, and Drivers therein mentioned, (allowing sufficient Time to do the same,) specifying the Places from and to which the said Carriages shall travel, and the Distance between the Places, for which Distance only so specified Payment shall be demanded, and which Distance shall not, except in Cases of pressing Emergency, exceed the Day's March prescribed in the Order of Route, and shall in no Case exceed Twenty-five Miles; and the Constables receiving such Warrant shall order such Persons as they shall think proper, having Carriages, to furnish the requisite Supply, who are hereby required to furnish the same accordingly; and in case sufficient Carriages cannot be procured within the proper Jurisdiction, any Justice of the next adjoining Jurisdiction shall, by a like Course of Proceeding, supply the Deficiency; and in order that the Burthen of providing Carriages may fall equally, and to prevent Inconvenience arising from there being no Justice residing near the Place where Marines may be quartered on the March, the Justice or Justices residing nearest to such Place shall cause a List to be made out, at least once in every Year, of all Persons liable to furnish such Carriages, and of the Number and Description of their said Carriages, (which Lists shall at all seasonable Hours be open to the Inspection of the said Persons,) and shall by Warrant under his Hand authorize the Constables within his Jurisdiction to give Orders to provide Carriages without any special Warrant from him for that Purpose, which Orders shall be valid in all respects; and all Orders for such Carriages shall be made from such Lists in regular Rotation, so far as the same can be done.

LI. And be it enacted, That in every Case in which the whole Distance for which any Carriage shall be impressed shall be under One Mile the Rate of a full Mile shall be paid; and the Rates to be paid for Carriages impressed shall be, in England, for every Mile which a Waggon with Four or more Horses, or a Wain with Six Oxen or Four Oxen and Two Horses, shall travel, One Shilling; and for every Mile any Waggon with narrow Wheels, or any Cart with Four Horses, carrying not less than Fifteen Hundred Weight, shall travel, Nine-pence; and for every Mile every other Cart or Carriage with less than Four Horses, and not carrying Fifteen Hundred Weight, shall travel, Sixpence; and in Ireland, for every Hundred Weight loaded on any Wheel Carriage, One Halfpenny per Mile; and in England such further Rates may be added, not exceeding a total additional Sum per Mile of Fourpence, Three-pence, or Two-pence, to the respective Rates of One Shilling, Nine-pence, and Sixpence, as may seem reasonable to the Justices assembled at General Sessions in England for their respec tive Districts, or to the Recorder of any Municipal City, Borough, or Town, Corporate or not Corporate; and the Order of such Justices at Sessions shall specify the Average Price of Hay and Oats at the nearest Market Town at the Time of fixing such

additional

additional Rates, and the Period for which the Order shall be enforced, not exceeding Ten Days beyond the next General Sessions (and no such Order shall be valid unless a Copy thereof, signed by the presiding Magistrate and One other Justice, or by the Recorder, shall be transmitted to the Secretary of the Admiralty within Three Days after the making thereof); and also in England, when the Day's March shall exceed Fifteen Miles, the Justice granting his Warrant may fix a further reasonable Compensation not exceeding the usual Rate of Hire fixed by this Act; and when additional Rates or Compensation shall be granted, the Justice shall insert in his own Hand in the Warrant the Amount thereof, and the Date of the Order of Sessions, if fixed by Sessions, and the Warrant shall be given to the Officer commanding, as his Voucher: Provided always, that the Officer or Non-commissioned Officer demanding Carriages by virtue of the Warrant of a Justice shall, in England, pay down the proper Sums into the Hands of the Constables providing Carriages, who shall give Receipts for the same on unstamped Paper; and, in Ireland, the Officers or Non-commissioned Officers as aforesaid shall pay the Owners or Drivers of the Carriages, and One Third Part of such Payment shall be made before the Carriage be loaded, and all the said Payments in Ireland shall be made, if required, in Presence of a Justice or Constable: Provided also, that no Carriage shall be liable to carry more than Thirty Hundred Weight in England, and in Ireland no Car shall be liable to carry more than Six Hundred Weight, and no Dray more than Twelve Hundred Weight; but the Owner of such Carriages in Ireland, consenting to carry a greater Weight, shall be paid at the same Rate for every Hundred Weight of the said Excess; and the Owners of such Carriages in Ireland shall not be compelled to proceed, though with any less Weight, under the Sum of Three-pence a Mile for each Car, and Sixpence a Mile for each Dray; and the Loading of such Carriages in Ireland shall be first weighed, if required, at the Expence of the Owner of the Carriage, if the same can be done in a reasonable Time, without Hindrance of Her Majesty's Service; and the providing and paying for Carriages in Scotland shall be regulated by the Law in force at the Time of the Union with England: Provided also, that a Cart with One or more Horses, for which the Furnisher shall receive Nine-pence a Mile, shall be required to carry Fifteen Hundred Weight at the least; and that no Penalties or Forfeitures in any Act relating to Highways or Turnpike Roads in the United Kingdom shall apply to the Number of Horses or Oxen, or Weight of Loading of the aforesaid Carriages, nor shall any such Carriages on that Account be stopped or detained.

Clothes, &c.

from

rine.

any

Ma

LV. And be it enacted, That any Person who shall unlawfully Penalty for have in his or her Possession or Keeping, or who shall knowingly purchasing detain, buy, or exchange, or otherwise receive from any Marine or Marine Deserter, or any other Person, upon any Account or Pretence whatsoever, or shall solicit or entice any Marine, or shall be employed by any Marine, knowing him to be such, to sell any Arms, Ammunition, Clothes, or Military Furniture, or any Provisions, Sheets, or other Articles used in Barracks or provided under Barrack Regulations, or which are generally deemed Regimental Necessaries,

Recovery of
Penalties.

3 G. 4. c. 23.

5 G. 4. c. 18.

Necessaries, according to the Custom of the Royal Marine Corps, or shall change or cause the Colour or Mark of any such Clothes, Appointments, or Necessaries to be changed or defaced, shall forfeit for every such Offence any Sum not exceeding Twenty Pounds nor less than Five Pounds, together with Treble the Value of all or any of the several Articles of which such Offender shall so become possessed; and if any credible Person shall prove, on Oath before a Justice of the Peace or Person exercising like Authority according to the Laws of that Part of Her Majesty's Dominions in which the Offence shall be committed, a reasonable Cause to suspect that any Person has in his or her Possession or on his or her Premises any Property of the Description hereinbefore described, on or with respect to which any such Offence shall have been committed, the Justice may and he is hereby required to grant a Warrant to search for such Property as in the Case of stolen Goods; and if upon Search any such Property shall be found the same shall and may be seized by the Officer charged with the Execution of such Warrant, who shall bring the Offender in whose Possession the same shall be found before such Justice, to be dealt with according to Law.

LXII. And be it enacted, That all Offences for which any pecuniary Penalty or Forfeiture not exceeding Twenty Pounds, over and above any Forfeiture of Value or Treble Value, is by this Act imposed, shall and may be heard and determined by any Justice of the Peace in that Part of the United Kingdom in or near to which the Offence shall be committed; and all such Penalties and Forfeitures, and Forfeiture of Value and Treble Value, shall and may be enforced and recovered in the same Manner as any pecuniary Penalties may be recovered under the Provisions of an Act passed in the Third Year of the Reign of His Majesty King George the Fourth, intituled An Act to facilitate summary Proceedings before Justices of the Peace and others, and by another Act passed in the Fifth Year of the Reign of His said Majesty, intituled An Act for the more effectual Recovery of Penalties before Justices and Magistrates on Conviction of Offenders, and for facilitating the Execution of Warrants by Constables; provided always, that in all Cases in which there shall not be sufficient Goods whereon any Penalty or Forfeiture can be levied the Offender may be committed and imprisoned for any Time not exceeding Six Months; which said recited Acts shall be used and applied in Scotland for the Recovery of all such Penalties and Forfeitures as fully to all Intents as if the said recited Acts had extended to Scotland, any thing in the said recited Acts to the contrary notwithstanding; and all such Offences committed in the British Isles or in any of Her Majesty's Dominions beyond the Seas may be determined, and the Penalties and Forfeitures of Value or Treble Value recovered, before any Justices of the Peace or Persons exercising like Authority, according to the Laws of the Part of Her Majesty's Dominions in which the Offence shall be committed; and all Penalties and Forfeitures by this Act imposed exceeding Twenty Pounds shall be recovered by Action in some of the Courts of Record at Westminster or in Dublin, or in the Court of Session in Scotland, and in no other Court in the United Kingdom, and may be recovered

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in the British Isles, or in any other Parts of Her Majesty's Dominions, in any of the Royal or Superior Courts of such Isles or other Parts of Her Majesty's Dominions.

CA P. VIII.

An Act for raising the Sum of Thirteen Millions by Exche-
quer Bills, for the Service of the Year One thousand eight
hundred and thirty-nine.
[14th May 1839.]

CA P. IX.

An Act for repealing Part of an Act of the last Session of Parliament, intituled An Act for suspending until the First Day of August One thousand eight hundred and thirty-nine, and to the End of the then Session of Parliament, the Appointment to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories. (a) [14th May 1839.] WHEREAS by an Act passed in the last Session of Parlia

ment, intituled An Act for suspending until the First Day 1&2 Vict. c.105.

of August One thousand eight hundred and thirty-nine, and to the End of the then Session of Parliament, the Appointment to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories, it was, amongst other things, enacted as follows; that is to say, that every Bishop to whom any Portion of another Diocese shall have been transferred by any Order in Council under the Provisions of the last-recited Act passed in the Session held in the Sixth and Seventh Years of the Reign of His

late Majesty, thereby meaning an Act intituled An Act for carry- 6&7 W.4. c.77. ing into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and

Wales, with reference to Ecclesiastical Duties and Revenues, so far

as they relate to Episcopal Dioceses, Revenues, and Patronage, shall, during the Visitation of such Portion of his Diocese so 'transferred, be assisted by his own Chancellor or Commissary, ' and attended by his own Registrar; and that during any such 'Visitation the Chancellor or Commissary aforesaid shall in the 'Name of such Bishop and in conformity with the Usages observed ' in such Diocese, inhibit all inferior and concurrent Jurisdictions, ' receive Presentments, admit Churchwardens to their Office, issue Marriage Licences, grant Probates of Wills and Letters of Ad'ministration to the Effects of Intestates, and exercise in every respect the same Jurisdiction which the Chancellor or Commissary of any preceding Bishop has exercised in such Portion of his 'Diocese so transferred, pending the Visitation of the Diocesan, ' and the Duration of any Inhibition which may have issued in consequence of such Visitation, any thing in the last-recited Act to the contrary notwithstanding; and that all Acts which have 'been or shall be done by any Chancellor or Commissary so assisting such Bishop as aforesaid shall be taken to be good and valid in Law to all Intents and Purposes whatsoever: And whereas great Inconvenience is likely to arise from the Provisions aforesaid, and it is advisable that the same should be repealed:' Be

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(a) [See Chap. 14. post.]

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