Imatges de pàgina
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Dublin, or Court of Seffion in Scotland, or Courts of Law in the Weft Indies refpectively, upon Complaint made to the faid Courts of King's Bench or Court of Seffion in Scotland, or Courts of Law in the West Indies, in like manner as if fuch Witnefs had neglected to attend on a Trial in any Criminal Proceeding in that Court. XXII. Provided always, and be it hereby declared and enacted, That no Marine, either Officer or Private Man, being acquitted or convicted of any Offence at any fuch Court Martial as aforefaid, fhall be liable to be tried a Second Time by the fame or any other Court Martial, for the fame Offence; unless in the cafe of an Appeal from a Divifional to a General Court Martial, and that no Sentence given by any Court Martial, and figned by the Prefident thereof, be liable to be revifed more than once.

None to be tried

a Second Time

for the fame in cafe of Appeal.

Offence, unless

Conftables, &c.

may apprehend Deferters, and fore a Justice;

carry them be

'L. And Whereas feveral Marines, who being duly entered, may afterwards defert and be found wandering, or otherwife abfenting themfelves illegally from His Majefty's Service;' It is hereby further enacted, That it fhall and may be lawful to and for the Contable, Headborough or Tithingman, of the Town or Place where any Perfon who may reasonably be fufpected to be fuch a Deferter fhall be found, or if no fuch Conftable, Headborough or Tithingman can be immediately met with, then for any Marine Officer or Marine to apprehend or caufe fuch fufpected Perfon to be apprehended, and to bring or caufe him to be brought before any Juftice of the Peace living in or near fuch Town or Place, who is hereby empowered and required to examine fuch fufpected Perfon; and if, by his Confeffion, or the Teftimony of One or more Witness or Witneffes upon Oath, or by Knowledge of fuch Juftice of the Peace, it shall appear or be found that fuch fufpected Perfon is a Marine duly entered, and ought to be with the Company to which he belongs, whether fuch Company fhall be employed on board any of His Majefty's Ships or Veffels, or quartered on fhore, or employed on board any Transport Ship or Merchant Ship or Veffel, fuch Juftice of the Peace shall, without Fee or Reward to himself or Clerk, forthwith caufe him to be conveyed to the Gaol of the County or Place where he fhall be found; or to the Houfe of Correction or other public Prifon in fuch Town or Place where fuch Deserter shall be apprehended; or to the Savoy, in cafe fuch Deferter shall be apprehended within the Cities of London or Westminster, or Places adjacent ; and tranfmit an Account thereof to the Secretary of the Admiralty for the time being, and to the Commandant of the Divifion to which the faid Deferter long, to the end that fuch Perfon may be proceeded against according to Law; and the Keeper of every Gaol, Houfe of Correction or Gaol Keeper to Prifon, shall receive the full Subfiftence of fuch Deferter, during the receive the Subtime he fhall continue in his Cuftody, for the Maintenance of fuch fiftence of DeDeferter; but fhall not be entitled to any Fee or Reward on account of the Imprisonment of any fuch Deferter; any Law, Ufage or Cuftom to the contrary notwithstanding: Provided always, that it shall be lawful for the Secretary of the Admiralty for the time being, if he hould think fit, to order the Iffue and Payment of any Arrears of Pay, or of the Surplus of fuch Pay or any Portion thereof, to or on account of fuch Non Commiffioned Officer or Marine during or after the Expiration of his Period of Imprifonment in any Gaol or House of Correction or other public Prison.

D 2

and tranfmit an

Account to the

Secretary of the

may be- Admiralty, &c.

LI. And,

ferters.

Reward for taking up Deferters.

Recruits dif

LI. And, for the better Encouragement of any Perfonor Persons to fecure or apprehend fuch Deserter, be it further enacted, That fuch Juftice of the Peace fhall also iffue his Warrant, in Writing, to the Collector or Collectors of the Land Tax Money of the Parish or Township in Great Britain, where fuch Deferter fhall be apprehended, or in Ireland, to the Collector or Collectors of His Majefty's Revenue in the District where fuch Deserter shall be apprehended, for paying out of the Land Tax Money or Revenue arisen or to arise in the Year One thousand eight hundred and fixteen, into the Hands of fuch Perfon or Perfons who fhall apprehend, or cause to be apprehended, any fuch Deferter from His Majefty's Service, the Sum of Three Pounds, for every fuch Deserter that shall be so apprehended and committed; which Sum of Three Pounds fhall be fatisfied by fuch Collector or Collectors to whom fuch Warrant shall be directed, and allowed upon his or their Account; the Magiftrate informing the Commandant of the Divifion to which fuch Deferter may belong, that the fame may be charged against his Pay and Subfiftence.

• LVI. And Whereas many Juftices and Chief Magistrates have charged previous erroneously discharged Recruits before the Expiration of Twenty to March 25, four Hours after the Time of their Enliftment: And Whereas such 1816, before the Expiration of 24 Recruits are in confequence liable to be treated as Deferters through Hours after En-fuch Error of the Juftice or Chief Magiftrate, and without 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, shall be liable on that Account to be proceeded against as having abfconded or deferted from His Majefty's Service.

liftment, not to be proceeded against as Deferters.

Falfe Oaths
Perjury.

Furlough extended in cafe

of Sickness, &c.

LVIII. And be it further enacted, That any Person taking a falfe Oath in any cafe wherein an Oath is required to be taken by this A&t fhall be deemed guilty of wilful and corrupt Perjury, and being thereof duly convicted fhall be liable to fuch Pains and Penalties as by any Laws now in force any Perfons convicted of wilful and corrupt Perjury are fubject and liable to.

LIX. And Whereas Marines abfent on Furlough granted to them by their Commanding Officers are fometimes prevented by Sickness, or other unavoidable Cafualty, from returning to their Duty before the Expiration of the Time limited by fuch Furlough; and Doubts have arifen whether in fuch cases the Extenfion of a • Marine's Furlough by a Juftice of the Peace be fanctioned by legal Authority, and effectual for preventing fuch Marine from being apprehended upon Sufpicion of his having deferted ;' Be it further enacted, That any Infpecting Field Officer, ftationed on the Recruiting Service, or any Officer of the Rank of Captain or of fuperior Rank, or any Adjutant of Local Militia within the Diftrict; or in cafe there be no fuch Officer as aforefaid within a convenient Distance, that any Juftice of the Peace may and he is hereby authorized to grant in Writing under his Hand an Extenfion of Furlough to any Non Commiffioned Officer or Marine applying for the fame on account of Sickness or other Casualty which shall on due Enquiry appear to render fuch Extenfion neceffary; and that every fuch Officer or Juftice of the Peace, who fhall grant to any Non Commiffioned Officer or Marine an Extenfion of Furlough as afore faid, shall immediately certify the fame, with the Cause of its being

fo

quarter Ma

fo granted, to the Secretary of the Admiralty, and the Commandant of the Divifion to which the faid Marine may belong, and that fuch Non Commiffioned Officer or Marine during the Period to which his Furlough fhall have been fo extended as aforefaid fhall not be liable to be apprehended or otherwise molested on the ground of his having deferted, or of criminally abfenting himself from his Divifion: Pro- Provifo. vided always, that nothing in this Act contained fhall be conftrued to exempt any Non Commiffioned Officer or Marine, whofe Furlough fhall have been fo extended as aforefaid, from being proceeded againft and punished according to the Provifions of this Act, fhould it thereafter appear that fuch Non Commiffioned Officer or Marine had obtained the Extenfion of his Furlough by falfe Representation made to fuch Officer or Juftice of the Peace as aforefaid, or in applying for and obtaining the fame, had committed any Offence to the Prejudice of good Order and Military Difcipline: Provided alfo, that no fuch Provifo. Furlough fhall be extended by any Juftice of the Peace for any longer Period than One Month, unless with the Approbation of the General Officer commanding the District where fuch Marine fhall be. LXXII. And be it further enacted, That if any High Conftable, Penalty on Con. Conftable, Beadle or other Officer, or Perfon whatsoever, who, by ftables, &c. virtue or colour of this Act, fhall quarter or billet, or be employed neglecting to in quartering or billetting any Marine Officers or Private Men, fhall rines; neglect or refufe for the Space of Two Hours to quarter or billet fuch Officers or Marines when thereunto required, in fuch manner as is by this Act directed, provided fufficient Notice be given before the Arrival of fuch Forces; or fhall receive, demand, contract or agree for any Sum or Sums of Money, or any Reward whatfoever, for or on account of excufing, or in order to excufe any Perfon or Perfons whatsoever, from quartering or receiving into his, her or their House or Houfes, any fuch Officer or Marine; or in cafe any Victualler, or any other Perfon liable by this Act to have any Officer or Marine billetted or quartered on him or her, fhall refufe to receive or to proper Accommodation to or to victual any fuch Officer or Marine fo quartered or billetted upon him or her as aforefaid; or hall refufe to furnish or allow, according to the Directions of this Act, the feveral Things hereinbefore refpectively directed to be furnished or allowed to Non Commiffioned Officers or Marines fo quartered or billetted on him or her, as aforefaid, at the Rate which is or hall be eftablished by any Act or Acts of Parliament in force in that Behalf, and fhall be thereof convicted, before any One or more Juftice or Juftices of the Peace of the County, City or Liberty within which fuch Offence fhall be committed, either by his own Confeffion

afford

or taking Money to ex

cufe any Person from quartering;

and on Victuallers refufing to receive Marines.

or by the Oath of One or more credible Witnefs or Witneffes (which Oath adminifOath the faid Juftice or Juftices is and are hereby empowered to tered. adminifter), every fuch High Conftable, Conftable, Beadle or other Officer or Perfon fo offending, fhall forfeit for every fuch Offence Penalty, the Sum of Five Pounds, or any Sum not exceeding Five Pounds por lefs than Forty Shillings (as the faid Juftice or Juftices, before whom the Matter fhall be heard, fhall in his or their Difcretion think fit); to be levied by Diftrefs and Sale of the Goods of the Perfon offending, by Warrant under the Hand and Seal or Hands and Seals of fuch Juftice or Juftices before whom fuch Offender fhall be convicted, or of One or more of them, to be directed to any other Conftable within the County, City or Liberty, or to any of the

D 3

Over

to the Poor.

Service to be to
His Majesty's
Heirs and Suc-
ceffors.

Apprentices in
Scotland, &c.

Overfeers of the Poor of the Parish where the Offender fhall dwell; and the faid Sum of Five Pounds, or the said Sum not exceeding Five Pounds nor lefs than Forty Shillings, when levied, to be paid to the Overseers of the Poor of the Parish where the Offence shall be committed, or to fome one of them, for the Ufe of the Poor of fuch Parish.

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'LXXV. And Whereas it is highly expedient, that no doubt 'fhould remain as to the Service of Royal Marines by reason of any Omiffion of His Majesty's Heirs and Succeffors in any Oath of Atteftation;' Be it therefore declared and enacted, That any Oath and Atteftation of Service heretofore or hereafter taken and made to His Majefty, is and fhall be deemed and construed to be an Oath of Service to His Majefty's Heirs and Succeffors as the So vereign of the Realm for the time being, as fully and effectually, and to all Intents and Purposes whatsoever, as if the Words, Heirs and Succeffors, had been inserted in any fuch Oath or Atteftation.

LXXXI. And be it further enacted, That no Master in Scotland fhall be entitled to claim any Apprentice who fhall, after the paffing of this Act, enlift as a Marine, unless fuch Apprentice shall have been bound to him for the full Term of at leaft Four Years by a regular Contract or Indenture of Apprenticeship duly extended, figned, and tested, and binding on both Parties by the Law of Scotland, prior to the Period of Enliftment, and unless such Contract or Indenture fo duly executed fhall within Three Months after the Commencement of the Apprenticeship, and before the Period of Enliftment, have been produced to a Juftice of the Peace of the County wherein the Parties refide, and there shall have been indorsed thereon by fuch Juftice, a Certificate or Declaration figned by him, specifying the Date when and the Perfon by whom fuch Contract or Indenture fhall have been fo produced, which Certificate or Declaration fuch Juftice of the Peace is hereby required to indorfe and fign, and unlefs fuch Apprentice fhall when claimed by fuch Master be under Twenty one Years of Age, and unless fuch Master fhall, within One Calendar Month after fuch Apprentice fhall have abfconded or left his Service, go before fome Juftice of the Peace, and before fuch Juftice of the Peace take the Oath mentioned in the Schedule to this A&t annexed, marked (B.), and produce the Certificate of such Juftice of the Peace of his having taken fuch Oath, which Certificate fuch Juftice of the Peace is hereby required to give in the Form in the Schedule to this Act annexed marked (C.): Provided always, that any Master of an Apprentice indentured for the Sea Service fhall be entitled to claim and recover any fuch Apprentice in the Form and Manner above directed, notwithstanding fuch Apprentice may have been bound for a lefs Term than Seven Years in England, Five Years in Ireland, or in the Islands of Guernsey, Jersey, Alderney, Sark, or Man, or Four Years in Scotland.

CAP.

CAP. XII.

An Act for exhibiting a Bill in this prefent Parliament, for naturalizing His Serene Highness Leopold George Frederick Duke of Saxe, Margrave of Meiffen, Landgrave of Thuringuen, Prince of Cobourg of Saalfeld. [28th March 1816.]

HEREAS His Royal Highnefs The Prince Regent, acting

WH in the Name and on the Behalf of His Moft Sacred Ma

jefty, has, to the univerfal Joy and Satisfaction of His Majefty's • Subjects, judged it proper that an Alliance fhould be contracted between the Family of His Majefty and His Serene Highness Leopold George Frederick Duke of Saxe, Margrave of Meiffen, • Landgrave of Thuringuen, Prince of Cobourg of Saalfeld; and has therefore, in the Name and on Behalf of His Majefty, confented, with the full Agreement of the Parties interested, that a Marriage 'fhall be celebrated between the Moft High and Illuftrious Princess Charlotte Augufta, Daughter of His Royal Highness The Prince of Wales, Regent of the United Kingdom of Great Britain and 'Ireland, and His Serene Highness: And Whereas a more grateful • Proof of the Efteem and Affection of this Kingdom cannot be ⚫ given to His Serene Highness, than by an Act of Naturalization ⚫ to make him capable of enjoying thofe Rights and Liberties which

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⚫ are enjoyed in this Realm: And Whereas by an Act made in the 7 Jac. I. c. 2. 'Seventh Year of the Reign of King James the First, every Perfon is required to receive the Sacrament of the Lord's Supper ' within One Month before any Bill for Naturalization be exhibited, and also to take the Oaths of Supremacy and Allegiance in the

• Parliament House, before his or her Bill be twice read: And 1 G.1. Stat. 2. • Whereas by an Act paffed in the First Year of His Majesty King c. 4. George the First, it was enacted, that no Perfon fhall be naturalized ⚫ unless in the Bill exhibited for that Purpose, a proper Clause or ' particular Words be inferted to declare that fuch Perfon fhall not ⚫ thereby be enabled to be of the Privy Council, or a Member of ⚫ either House of Parliament, or to take any Office or Place of Truft, either Civil or Military, or to have any Grant of Lands, 'Tenements or Hereditaments from The Crown, to himself or any • other Perfon in Truft for him; and that no Bill fhould from ' thenceforth be received in either House of Parliament, unless fuch • Clause or Words be firft inferted or contained therein;' Be it 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 present Parliament affembled, and by the Authority of the fame, That a Bill for the Naturalization of the His Bill exhibited Serene Highnefs Leopold George Frederick Duke of Saxe, Margrave without Claufe of Meiffen, Landgrave of Thuringuen, Prince of Cobourg of Saalfeld, mentioned in without the Claufe or particular Words directed by the faid laft laft recited A&t, recited A&t to be inferted, and without his receiving the Sacrament, or taking the Oaths by the first recited A&t required, fhall and may be exhibited and brought into this Parliament and twice read; the faid recited A&ts, or any other Law, Statute, Matter or Thing whatsoever to the contrary notwithstanding.

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&c.

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