No Entry taken till Duty paid. Duty how applied. IV. And, to the Intent that the faid Duty may be duly answered and paid, be it further enacted, That no Officer of His Majesty's Customs whatever, at any of the faid Ports or Places in Great Britain where fuch Duty fhall become due and payable, fhall, from and after the faid paffing of this Act, take or receive any Entry or Report Outwards for any fuch Veffel liable or fubject to the faid Duty, nor grant any Cocquet for any Goods, Wares or Merchandize intended to be shipped on board any fuch Veffel, or shall fuch Veffel be permitted to depart from any fuch Port or Place until the faid Duty fhall be paid pursuant to the Directions of this Act, to the refpective Collectors or other principal Officers of His Majefty's Customs authorized to receive the fame, and until the Mafter or Owner of any fuch Veffel fubject to the Payment of fuch Duty shall fhew to fuch respective Officer a Receipt for the fame. V. And be it further enacted, That all the Monies from time to time arifing by the Duties by this Act impofed as aforefaid (the neceffary Charges of raifing and accounting for the fame refpectively excepted), fhall from time to time be paid into the Receipt of His Majefty's Exchequer at Westminster, and fhall be appropriated and applied in the fame manner as the Permanent Duties impofed by an 49 G. 3. c. 98. Act paffed in the Forty ninth Year of the Reign of His prefent His Majesty empowered to fix Duty to be paid for Packets Majefty, intituled An Ad for repealing the feveral Duties of Customs chargeable in Great Britain, and for granting other Duties in lieu thereof, are directed to be appropriated and applied. VI. And Whereas British Packets or Paffage Veffels entering or clearing out from the Ports or Harbours of other Foreign ⚫ Countries are fubject and liable to certain Impofts in the Nature of Tonnage Duties, Port Duties, Harbour Dues or otherwife: And Whereas fuch Impofts are continually varying in Amount; and it is expedient for the Protection of the Navigation of Great Britain, that His Majefty fhould be empowered to levy on the Packets or Paffage Veffels of fuch Foreign Countries fimilar Duties, and to alter or entirely revoke the fame as fuch Duties may be altered or revoked on British Packets or Paffage Veffels in fuch Foreign Countries;' Be it therefore enacted, That, from and after the paffing of this Act, it fhall and may be lawful for His Majefty, by His Royal Proclamation or Proclamations, to be issued by and with the Advice of His Privy Council, or by His Majefty's of other Foreign Order or Orders in Council to be published from time to time in the London Gazette, to direct fuch Duty or Duties as fhall be therein fpecified, to be levied, collected and paid in the Ports of Great Britain on the entering or clearing out of the Packets or Paffage Veffels of fuch Foreign Countries as fhall be named in the faid Proclamations or Orders in Council, and from time to time, by any fuch Proclamations or Orders in Council iffued or published as aforefaid, to revoke, diminifh or increase fuch Duties to the fame Amount as fimilar Duties may be refpectively revoked, diminished or increased on British Packets or Paffage Veffels entering or clearing out from the Ports or Harbours of fuch Foreign Countries. Countries. Duty managed as Duty on French Packets, VII. And be it further enacted, That on fuch Duty being fo declared as aforefaid, the fame fhall be collected, managed, paid and recovered in the fame manner, and fubject and liable to the fame Rules and Regulations as the Duty on French Packets or Paffage Veffels Veffels are by this Act directed to be collected, managed, paid and recovered. Veffels of VIII. Provided always, and be it enacted, That this Act, nor any Provifo for thing herein contained, fhall extend or be conftrued to extend to any Ship or Veffel ufed only for the Purposes of Pleasure, and which fhall Pleature. not carry any Goods, Wares or Merchandize, or any Passengers for Hire or Reward. CAP. X. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters. [22d March 1816.] WHEREAS the raifing or keeping a Standing Army within the United Kingdom of Great Britain and Ireland, in time of Peace, unless it be with the Confent of Parliament, is against 'Law: And Whereas it is judged neceffary by His Majefty, and this < prefent Parliament, that a Body of Forces fhould be continued for the Safety of the United Kingdom, the Defence of the Poffeffions of His Majefty's Crown, and the Prefervation of the Balance of Power in Europe, and that the whole Number of fuch Forces 'fhould confift of One hundred and seventy fix thousand fix hundred Number of * and fifteen effective Officers and Men, exclufive of His Majefty's Forces 176,615Forces employed in the Territorial Poffeffions of the Eaft India Company, the Foreign Corps in British Pay, and the embodied Militia: And Whereas no Man can be forejudged of Life or 'Limb, or fubjected in time of Peace to any Kind of Punishment 'within this Realm, by Martial Law, or in any other manner than by the Judgment of his Peers, and according to the known and • eftablished Laws of this Realm; yet nevertheless, it being requifite for the retaining all the before mentioned Forces in their Duty, ⚫ that an exact Discipline be observed, and that Soldiers who shall • mutiny or ftir up Sedition, or fhall defert His Majesty's Service, be ⚫brought to a more exemplary and speedy Punishment than the ufual Forms of the Law will allow;' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That if any Officers, &c. Perfon who is or fhall be commiffioned or in Pay as an Officer, or who mutinying or is or fhall be lifted or in Pay as a Non Commiffioned Officer or Sol. deserting, &c. dier, fhall, at any time during the Continuance of this Act, begin, excite, caufe or join in any Mutiny or Sedition in His Majefty's Land or Marine Forces, or fhall not use his utmost Endeavours to fupprefs the fame, or coming to the Knowledge of any Mutiny or intended Mutiny, fhall not without Delay give Information thereof to his Commanding Officer; or fhall misbehave himself before the Enemy; or fhall fhamefully abandon or deliver up any Garrifon, Fortrefs, Poft, or Guard committed to his Charge, or which he shall be commanded to defend; or fhall compel the Governor or Commanding Officer of any Garrison, Fortress or Poft to deliver up to the Enemy, or to abandon the fame; or shall speak Words, or use any other Means to induce fuch Governor or Commanding Officer, or others, to misbehave before the Enemy; or fhamefully to abandon or fhall defert his Poft, &c. or deliver up any Garrison, Fortress, Poft or Guard committed to their respective Charge, or which he or they shall be commanded or fhall be found to defend; or fhall leave his Poft before relieved; or fhall be found fleeping upon or fleeping on his Poft; or fhall hold Correspondence with, or give Advice or Intelligence to any Rebel or Enemy of His Majefty, either by Letters, Meffages, Signs or Tokens, in any manner or Way whatsoever; or fhall treat or enter into any Terms with such Rebel or Enemy, without His Majefty's Licence, or Licence of the General or Chief Commander; or fhall ftrike or use any Violence against his fuperior Officer, being in the Execution of his Office; or fhall difobey any lawful Command of his fuperior Officer; or shall defert His Majefty's Service; all and every Perfon and Perfons fo offending in any of the Matters before mentioned, whether fuch Offence fhall be committed within this Realm, or in any other of His Majesty's Dominions, or in Foreign Parts, upon Land, or upon the Sea, fhall fuffer Death, or fuch other Punishment as by a Court Martial fhall be awarded. or shall strike or difobey his fuperior Officer, fhall fuffer Death, or fuch Punishment as a Court Martial may inflict. Recruits dif to March 25, 1816, before Expiration of 24 [Sections 2. to 93. are the fame as the like Sections of 55 G. 3. c. 108.] • XCIV. And Whereas many Justices and Chief Magiftrates have charged previous erroneously discharged Recruits before the Expiration of Twenty four Hours after the time of their Enliftment: And Whereas 'fuch Recruits are in confequence liable to be treated as Deferters Hours after En-through fuch Error of the Juftice or Chief Magistrate, and withliftment, not out any evil Intention on their own Part;' Be it therefore enacted, That no fuch Recruit who fhall have been fo erroneously discharged by a Juftice or Chief Magiftrate previous to the Twenty fifth Day of March One thousand eight hundred and fixteen, fhall be liable on that Account to be proceeded against as having abfconded or deferted from His Majesty's Service. proceeded against as Deferters. Any Perfon confeffing himfelf a Deferter, deemed duly enlifted. [Section 95. is the fame as Section 91. of 55 G. 3. c. 108., and Sections 96. to 116. are the fame as Sections 95. to 115. of 55 G. 3. c. 108.] CXVII. And be it further enacted, That any Person who shall voluntarily surrender or deliver himself up as a Deferter from any Regiment or Corps of His Majefty's Regular or Militia Forces, or of the Forces of the United Company of Merchants of England trading to the Eaft Indies, or who, upon being apprehended for Defertion or any other Offence, fhall, in the Prefence of the Magiftrate, confefs himself to be a Deferter from any fuch Regiment or Corps, fhall be deemed to have been duly enlisted, and to be a Soldier, and fhall be liable to serve in any fuch Regiment or Battalion or Corps of His Majefty's Forces, as His Majefty fhall think fit to appoint, whether fuch Perfon fhall have been ever actually enlifted as a Soldier or not. [Sections 118. to 158. the fame as Sections 117. to 157. and all the Schedules from Schedule (A.) to Schedule (O.) the fame as all the Schedules from Schedule (A.) to Schedule (O.) of 55 G. 3c. 108.] САР. САР. ХІ. An Act for the regulating of His Majefty's Royal Marine [This A& is the fame as 55 G. 3. c. 21. except as to Dates and as XI. AND be it further enacted, That whenever His Majefty fhall intend any fuch Sentence of a Court Martial to be carried into Execution, or fhall be graciously pleased to extend his Mercy, upon Condition of Tranfportation, to any Offender liable to the Punishment of Death by the Sentence of a Court Martial, fuch Sentence, together with His Majefty's Pleasure upon the fame, fhall be notified in Writing by the Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the Commiffioners for executing the Office of Lord High Admiral for the time being, or any Three or more of them, to any Juftice of the King's Bench, Common Pleas, or Baron of the Exchequer of the Degree of the Coif, and thereupon fuch Juftice or Baron fhall make an Order for the Transportation of fuch Offender upon the Terms and for the time which shall be specified in fuch Notification, and fhall alfo make fuch other Order or Orders, and do all fuch other Acts confequent upon the fame, as any fuch Juftice or Baron is authorized to make or do by any Act or Acts of Parliament in force at the time of making any fuch Orders in relation to the Transportation of Offenders; and fuch Order and Orders fo to be made, and all fuch Acts as fhall be fo done as aforefaid, fhall be obeyed and done by fuch Perfon in whose Cuftody fuch Offender fhall at that time be, and all other Perfons whom it may concern, and fhall be as effectual and have all the fame Confequences as any Order made under the Authorityof the faid A& with refpect to any Offender in the said Act mentioned; and every Sheriff, Gaoler, Keeper, Governor or Superintendant whom it may concern, and all Conitables, and other Perfons, fhall be bound to obey the aforefaid Order and Orders, be affiftant in the Execution thereof, and be liable to the fame Punishment for Disobedience, or interrupting the Execution of the fame, as they would be if the fame had been made under the Authority of the aforefaid Act; and every Perfon fo ordered to be transported as aforefaid shall be subject respectively to all and every the Provifion and Provifions made by Law, and now in force concerning Perfons convicted of any Crime and fentenced to be transported, or receiving His Majefty's Pardon on Condition of Tranfportation. How Order for Transportation fhall be proceeded in. Oaths to he taken by all Members of a General Court Martial XVI. And be it further enacted, That in all Trials of Offenders by General Courts Martial to be held by virtue of this Act, every Officer prefent at fuch Trial before any Proceedings be had thereupon, fhall take the following Oaths upon the Holy Evangelifts, before the Court and Judge Advocate, or his Deputy, (who are hereby authorized to adminifter the fame,) in these Words; that is to say, YOU fhall well and truly try and determine according to the Oaths. Evidence which shall be given in the Matter now before between our Sovereign Lord The King's Majefty and the Prifoner So help you GOD.' ' to be tried: you, 'I A. B. I A. B. do fwear, That I will duly administer Justice, according to an Act of Parliament now in force, for the Regulation of His Majefty's Royal Marine Forces while on Shore, and according to the Rules and Articles made in purfuance of the said Act of Parliament for the Punishment of Mutiny and Desertion, and other • Crimes therein refpectively mentioned, without Partiality, Favour or Affection; and if any Doubt shall arife (which is not explained by the said Act of Parliament, or the faid Rules and Articles), according to my Confcience, the beft of my Understanding, and the Cuftom of War in like cafes: And I further fwear, That I will not divulge the Sentence of the Court, until it shall be approved by the Lord High Admiral, or Three or more of the Com• miffioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland; neither will I, upon any Account at any time whatsoever, difclose or discover the Vote or Opinion of any particular Member of the Court Martial unless required to give Evidence thereof as a Witness, by a Court of Juftice, in a due Courfe of Law. So help me GOD.' The Judge Ad- And fo foon as the faid Oaths fhall have been administered to the vocate to be respective Members, the Prefident of the Court is hereby authorized and required to adminifter to the Judge Advocate, or the Perfon officiating as fuch, an Oath in the following Words: fworn. The Oath. Death what Number of Officers fhall concur, &c. Hours of Trial. Witneffes during their Attendance privileged from Arreit. 14. B. do fwear, That I will not upon any Account, at any In Sentences of And no Sentence of Death fhall be given against any Offender by any fuch General Court Martial as aforefaid, unlefs Nine Officers prefent, or where the Court Martial shall confift of Seven Members, unless Five Officers prefent fhall concur therein; and if there be more Officers prefent than Thirteen or Seven respectively, then the Judgment fhall pass by the Concurrence of Two Thirds of the Officers prefent; and no Proceeding or Trial fhall be had upon any Offence, but between the Hours of Eight of the Clock in the Morning and Three in the Afternoon, except in cafes which require an immediate Example: Provided alfo, that all Witneffes duly fummoned by the Judge Advocate or the Perfon officiating as fuch fhall, during their neceffary Attendance in fuch Courts, and in going to and returning from the fame, be privileged from Arreft in like manner as Witneffes attending any of His Majefty's Courts of Law are privileged, and that if any fuch Witness fhall be unduly arrested, he fhall be discharged from fuch Arreft by the Court out of which the Writ or Procefs iffued by which fuch Witnefs was arrested; or if the Court out of which the Writ or Procefs iffued be not fitting, then by any Judge of the Court of King's Bench in London or in Dublin, or the Court of Seffions in Scotland, or Courts of Law in the West Indies, according as the cafe fhall require, upon its being made appear to fuch Court or Judge by Affidavit in a fummary Way that fuch Witnefs was arrested in going to or returning from or attending upon fuch Court Martial; and that all Witnesses fo duly fummoned as aforefaid, who shall not attend on fuch Court, fhall be liable to be attached in the Court of King's Bench in London or 12 Dublin, |