CAP. XII. AN ACT for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. (22nd April 1842.) This ACT contains the following clauses : I. Number of the Forces 95,628 men, exclusive of the officers and men belonging to the regiments employed in the Territorial Possessions of the East India Company, but including the officers and men of the Troops and Companies recruiting for those regiments. Crimes punishable by death. II. The ordinary course of law not to be interfered with. III. Soldiers not to be taken away from the service for debts under 301. IV. The Queen may make Articles of War in conformity with this Act. v. Constitution of courts-martial. VI. Composition of general courts-martial. VII. Powers of general courts-martial. VIII. Trial by general court-martial for embezzlement. IX. Powers of district or garrison courts-martial. x. Regimental courts-martial. XI. Forfeiture of pay and pension by desertion; and marking a deserter. XIII. Mixture of officers upon courts-martial. XIV. Power to administer oaths. xv. Proceedings of courts-martial. xvi. Appeal. XVII. Report of proceedings of general, district, or garrison courts-martial. XIX. Transportation from the colonies. XX. Offences against former Mutiny Acts may be tried under this Act. XXI. Subsequent enlistment no protection from punishment for desertion. XXII. Apprehension of deserters. XXIII. Fraudulent confession of desertion. XXIV. Recruits deserting liable to be transferred to the nearest regiment or depôt. xxv. Penalty for inducing or assisting to desert. xxvi. Penalty for forcible entry. XXVII. Custody of offenders under a military sentence. XXVIII. One Pentagon in the Penitentiary at Millbank to be appropriated as a prison for military offenders. xxx. Custody and subsistence of deserters. XXXI. Notice of expiration of imprisonment. XXXII. Persons subject to this Act. XXXIII. Foreign troops in this country. XXXIV. Militia and Yeomanry. XXXV. Act to extend to Jersey, Guernsey, &c. XXXVI. Enlisting and swearing of recruits. XXXVII. Dissent and relief from enlistment. XXXVIII. Offences connected with enlistment. XXXIX. Penalty on officers offending against laws regarding enlistment. XL. Enlistment and re-enlistment abroad. XLI. Enlistment of Negroes. XLII. Apprentice enlisting to be liable to serve after the expiration of his apprenticeship. XLIII. Claims of masters to apprentices. XLIV. Punishment of apprentices enlisting. XLV. Musters and penalty on false musters. XLVI. Forfeiture of pay. XLVII. Extension of furlough in case of sickness. XLVIII. Marching money on discharge. L. Issue of pay of the Army. LI. Penalty for disobedience by agents. LII. How and where troops may be billetted. LIII. Billetting the Guards in and near Westminster. LIV. Military officers not to act as Justices in billetting. LV. Allowance to innkeepers. LVI. Definition of terms.—Powers and regulations as to billets.—Exemption from billets. LVII. Supply of carriages. LVIII. Rates to be paid for carriages, and regulations relating thereto. LIX. Supply of carriages in cases of emergency. LX. Justices empowered to reimburse constables for sums expended by them. LXI. Routes in Ireland. LXII. Tolls. LXIII. Ferries. LXIV. Penalties upon civil subjects offending against the laws relating to billets and carriages. LXV. Penalties upon the military so offending. LXVI. Penalty on purchasing soldiers' necessaries, stores, &c. LXVII. Penalty on unlawful recruiting. LXVIII. Penalty on trafficking in commissions. LXIX. Penalty on killing game. LXX. Officers not liable to take parish apprentices. LXXI. Mode of recording a soldier's settlement. LXXII. Notification to parishes of good or bad conduct of soldiers. LXXIII. Wages of a servant enlisting. LXXIV. Licences of canteens. LXXV. Attestation of accounts. LXXVI. Form of actions at law. LXXVII. Recovery of penalties. LXXVIII. Appropriation of penalties. LXXIX. Administration of Oaths.-Perjury. LXXX. Duration of the Act. LXXXI. Alteration of the Act. CAP. XIII. AN ACT for the Regulation of Her Majesty's Royal Marine Forces while on shore. This ACT contains the following clauses : 1. Crimes punishable by death. II. The ordinary course of law not to be interfered with. III. Marines not to be taken away from the service for debts under 301. IV. Lord High Admiral, &c. may make articles for the punishment of mutiny, desertion, &c. v. Lord High Admiral, &c. may grant commissions for holding general courts martial, &c. VI. Composition of general courts-martial. VII. Courts-martial to administer oaths. VIII. Proceedings of courts-martial. IX. Officers of the marine and land forces may sit in conjunction on courts-martial. x. General courts-martial may sentence offenders to imprisonment, &c. xi. District or garrison courts-martial. (22nd April 1842.) XII. If no superior officer of land forces is present in command of a district, &c. an officer of marines may convene a court-martial. XIII. Divisional courts-martial. XIV. Detachment courts-martial. xv. Marking a deserter. XVI. Trial and punishment for embezzlement. XVII. Witnesses. XVIII. Transportation of offenders. XIX. Disposal of convict after sentence of transportation. xx. Imprisonment of offenders. XXI. One Pentagon in the Penitentiary at Millbank to be appropriated as a prison for marine offenders. XXII. Powers and duties of the person to be appointed superintendent of said Pentagon. XXIII. Place of confinement of offenders may be changed. XXIV. Offenders against former Mutiny Acts may be tried under this Act.-Limitation as to time. XXV. Appeal.-Revision of sentence. XXVI. Forfeiture of pay. XXVII. Report of proceedings of courts-martial. XXVIII. Subsequent enlistment no protection from punishment for desertion. XXIX. Apprehension of deserters. xxx. Fraudulent confession of desertion. XXXI. Reward for apprehending marines attempting to desert. XXXII. Penalty for inducing or assisting to desert. XXXIII. Custody and subsistence of deserters. XXXIV. Notice of expiration of imprisonment. XXXV. Penalty for forcible entry. XXXVI. Enlisting and swearing of recruits. XXXVII. Dissent and relief from enlistment. XXXVIII. Apprentices enlisting to be liable to serve after the expiration of their apprenticeship. XL. Offences connected with enlistment. XLI. Yearly servants enlisting to be entitled to a proportion of their wages. XLII. Penalty on officers offending as to enlistment. XLIII. Claims of masters to apprentices. XLIV. Musters, and penalty on false musters. XLV. Verifying of muster rolls. XLVI. Extension of furlough in case of sickness. XLVII. Marching money on discharge. XLVIII. Billetting of marines. XLIX. Allowance to innkeepers. L. Supply of carriages. LI. Rates for carriages. LII. Exemption from tolls. LIII. Penalties upon civil subjects offending against the laws relating to billets and carriages. LV. Penalty for purchasing clothes, &c. from any marine. LVI. Penalty on officers killing game. LVII. Officers not liable to take parish apprentices. LVIII. Mode of recording a marine's settlement. LIX. Administration of oaths.-Perjury. LX. Licences to canteens. LXI. Limitation of actions. LXII. Recovery of penalties. LXIII. Appropriation of penalties. LXIV. Definition of terms.-Marines not to be billetted in private houses, &c. LXV. Notification to parishes of good or bad conduct of marines. LXVI. Marines to be subject to the discipline of the Navy while on board ship. LXVIII. Act may be amended. CAP. XIV. AN ACT to amend the Laws for the Importation of Corn. (29th April 1842.) ABSTRACT OF THE ENACTMENTS. 1. Recited Act repealed. 2. Corn, &c. may be imported from foreign countries, and from the British possessions out of Europe, on payment of the duties specified in the Table to this Act. 3. Repeal of 5 & 6 Will. 4. c. 13. imposing the same duties on the importation of foreign corn into the Isle of Man as into the United Kingdom, under 9 Geo. 4. c. 60.-Foreign corn imported into the Isle of Man to pay the same duties as are imposed by this Act on foreign corn imported into the United Kingdom. 4. Actions, &c. for breach of provisions of Acts hereby repealed, or for duties payable under them, may be proceeded with. 5. Regulations to be observed on shipping corn from any British possession out of Europe. 6. Prohibition of importation of malt. 7. Accounts of corn imported, of corn upon which duty is paid, of the rates of duty, and of corn in warehouse, to be published monthly. 8. If any foreign state shall subject British vessels, goods, &c. to any higher duties or charges than are levied on the vessels of other countries, &c. Her Majesty may prohibit the importation of corn from such state. 9. Weekly returns of purchases and sales of corn to be made in the places herein mentioned. 10. Power of appointing a comptroller of corn returns. 11. Comptroller to execute his office in person.-A deputy may be appointed to act in certain cases. 12. Lord Mayor, &c. to appoint an inspector of corn returns for the city of London. 13. Said inspector to execute his office in person.-A deputy may be appointed to act in certain cases. 14. Chancellors of the Universities of Oxford and Cambridge to appoint and remove inspectors of corn returns for the said city and town. 15. No person dealing in corn, flour, or malt to be appointed inspector or deputy inspector of corn returns for the cities of London or Oxford or town of Cambridge. 16. Appointments of inspectors for London, Oxford, and Cambridge to be enrolled. 17. Dealers in corn in and near London to deliver in a declaration to the Lord Mayor, &c.-Form of declaration. 18. Dealers in corn to make returns to corn inspector. 19. The present comptroller, deputy comptroller, and inspectors of corn returns for London, Orford, and Cambridge to continue in office.-The appointments of the other inspectors of returns to cease on the 24th day of June next after the passing of this Act. 20. In other cities and towns than London, Oxford, and Cambridge, officers of Excise to act as corn inspectors, and attend at places appointed. 21. Commissioners of Excise to make known the place to be appointed for delivering returns of corn purchased. 22. Inspectors of corn returns may continue to hold their offices by warrant of the Commissioners of the Treasury. 23. Dealers in corn in cities and towns to make declaration.- Form of declaration.—Declaration to be delivered to the mayor, &c., who shall give a certificate thereof to the officer of Excise acting as inspector of corn returns. 24. Inspectors of corn returns empowered to require such declaration from corn dealers. 25. Corn dealers to make returns in writing to inspectors of the corn bought by them. 26. Inspectors to enter returns made to them in a book; and transmit to the comptroller weekly an account of the quantities and prices of corn sold. 27. Inspectors not to include returns until they have ascertained that the persons making them have taken the declaration required. 28. Average prices to be made up and published every week.-Certificate of averages to be transmitted to the chief officers of Customs. -Rate and amount of duties, how to be regulated. 29. How quantities of corn are to be computed. 30. Until sufficient number of returns are made, comptroller may use the present averages. 31. What shall be deemed British corn. 32. If any corn return is believed fraudulent, the same may be omitted in the computation. 33. Corn dealers having made the declaration previous to this Act shall transmit returns, and comply with the rules hereby required. 34. Comptroller to issue directions respecting inspection of books of inspectors.—Inspectors not to permit books to be perused without such directions. 35. Copy of the last return to be affixed on market place on each market day. 36. Treasury to fix salaries of inspectors. 37. Regulation as to payment of salaries. 38. Power to the Lords of the Treasury to grant compensation to inspectors of corn returns. 39. Penalty on corn dealers for not making declarations or returns. 40. Recovery and application of penalties. 41. Penalty on witnesses not attending when required. 42. Punishment for making false returns. 43. Act not to affect the practice of measuring or privileges of the city of London. 44. Limitation of actions. 45. Act may be amended or repealed. By this ACT, After reciting the passing of 9 Geo. 4. c. 60; And that it is expedient that the said Act should be repealed, and that new provisions should be made in lieu thereof: It is Enacted, I. That the said Act shall be and the same is hereby repealed: Provided nevertheless, that all Acts or parts of Acts which by virtue of the above-recited Act were repealed shall still be deemed and taken to be and remain repealed. And after reciting that it is expedient that corn, grain, meal, and flour, the growth, produce, and manufacture of any foreign country, or of any British possession out of Europe, should be allowed to be imported into the United Kingdom for consumption, upon the payment of duties to be regulated from time to time according to the average price of British corn made up and published in manner hereinafter required :— It is Enacted, II. That from and after the passing of this Act there shall be levied and paid to Her Majesty, upon all corn, grain, meal, or flour entered for home consumption in the United Kingdom from parts beyond the seas, the several duties specified and set forth in the Table annexed to this Act; and that the said duties shall be raised, levied, collected, and paid in such and the same manner in all respects as the several duties of Customs mentioned and enumerated in the Table of duties of Customs inwards, annexed to an Act, 3 & 4 Will. 4. c. 56, intituled, 'An Act for granting Duties of Customs,' hereinafter referred to as the Customs Duties Act, and by virtue and in pursuance of the several powers and provisions in that Act contained, and in the Acts amending the same, and not otherwise. And after reciting that by an Act, 5 & 6 Will. 4. c. 13, intituled, 'An Act to regulate the Importation of Corn into the Isle of Man,' it was enacted, that it should not be lawful to import into the Isle of Man any foreign corn, grain, meal, or flour, except upon payment of the same duties as were by the said recited Act of 9 Geo. 4. c. 60, made payable on the importation into the United Kingdom of corn, grain, meal, or flour, which duties were by the said Act now in recital directed to be ascertained, levied, and paid as therein is mentioned; And that it is expedient that the duties payable on foreign corn, grain, meal, or flour imported into the Isle of Man should be the same as those payable on the importation of foreign corn, grain, meal, or flour into the United Kingdom, and that for this purpose the said recited Act for regulating the importation of corn into the Isle of Man should be repealed, and such provision should be made in that behalf as hereinafter is contained :It is Enacted, : III. That the said recited Act regulating the importation of corn into the Isle of Man shall be and the same is hereby repealed; and that from and after the passing of this Act it shall not be lawful to import into the Isle of Man any foreign corn, grain, meal, or flour, except upon payment of the same duties as are by this Act made payable upon corn, grain, meal, or flour imported from any foreign country, and entered for home consumption in the United Kingdom; and such duties shall be levied, collected, and paid in such and the same manner as if the same had been imposed by an Act, & 4 Will. 4. c. 60, intituled, 'An Act for regulating the Trade with the Isle of Man.' IV. Provided and enacted, That all actions, suits, and prosecutions now depending or hereafter to be brought, for or by reason of any breach or non-performance of any of the provisions of the said Acts hereby repealed, or either of them, or for the recovery of any duties or sums of money payable under or by virtue of the same Acts or either of them, shall and may be proceeded with as fully and effectually to all intents and purposes as if this present Act had not been made. v. Provided and enacted, That no corn, grain, meal, or flour shall be shipped from any port in any British possession out of Europe as being the produce of any such possession until the owner or proprietor or shipper thereof shall have made and subscribed, before the collector or other chief officer of Customs at the port of shipment, a declaration in writing, specifying the quantity of each sort of such corn, grain, meal, or flour, and that the same was the produce of some British possession out of Europe to be named in such declaration, nor until such owner or proprietor or shipper shall have obtained from the collector or other chief officer of the Customs of the said port a certificate, under his signature, of the quantity of corn, grain, meal, or flour so declared to be shipped; and before any corn, grain, meal, or flour shall be entered at any port or place in the United Kingdom as being the produce of any British possession out of Europe the master of the ship importing the same shall produce and deliver to the collector or other chief officer of Customs of the port or place of importation a copy of such declaration, certified to be a true and accurate copy thereof, under the hand of the collector and other chief officer of Customs at the port of shipment before whom the same was made, together with the certificate, signed by the said collector or other chief officer of Customs, of the quantity of corn so declared to be shipped; and such master shall also make and subscribe, before the collector or other chief officer of Customs at the port or place of importation, a declaration in writing, that the several quantities of corn, grain, meal, or flour on board such ship, and proposed to be entered under the authority of such declaration, are the same that were mentioned and referred to in the declaration and certificate produced by him, without any admixture or addition; and if any person shall in any such declaration wilfully and corruptly make any false statement respecting the place of which any such corn, grain, meal, or flour was the produce, or respecting the identity of any such corn, grain, meal, or flour, such person shall forfeit and become liable to pay to Her Majesty the sum of 1007., and the corn, grain, meal, or flour to such person belonging on board any such ship shall also be forfeited; and such forfeiture shall and may be sued for, prosecuted, recovered, and applied in such and the same manner in all respects as any forfeiture incurred under and by virtue of the said Customs Duties Act. VI. Provided and enacted, That it shall not be lawful to import from parts beyond the seas into the United Kingdom, for consumption there, any malt, or any corn ground, except wheat meal, wheat flour, and oatmeal; and that if any such article as aforesaid shall be imported contrary to this provision the same shall be forfeited; and such forfeitures shall and may be sued for, prosecuted, recovered, and applied in such and the same manner in all respects as any forfeiture incurred under and by virtue of the said Customs Duties Act. |