iS55a 4 Great Britain, Laws, statutes, etc, •\nno decimo octavo Victorlae ^eginae. Cap. XI. 1855 m UNIVERSITY OF CALIFORNIA AT LOS ANGELES i ANNO DECIMO OCTAVO VICTORIA REGIN/E. '"""'»'-''»*-»»»*»******„„,»„„„„„„,,^^^^^^^ CAP. XI. A,. Act for punishing Mutiny and Desertion, and tor the better Payment of the Army and their '^"'"•''^'•^- [16th March 1S5,).] •HEREAS tlie raising or l 18° VICTORIiE, Cap.ll. Mutiny. Forfeiture of Pay for Drunken- ness on Duty. Forfeiture of Pay and Liquor for habitual Drunken- ness. XXXI. A General, District, or Garrison Court-martial may sentence any Soldier for being drunk on Duty under Arms, and any Court-martial may sentence any Soldier for being drunk when on any Duty not under Arms or for Duty or on Parade or on the Line of March, to be deprived of a Penny a Day of his Pay for any Period not exceeding Thirty Days, in addition to any other Punishment which such Court may award. XXXII. Any General, Garrison, or District Court-martial before which any Soldier shall be convicted of habitual Drunkenness shall deprive such Soldier of such Portion of his Pay, for such Period not exceeding Two Years, and under such Restrictions and Regulations, as may accord with Her Majesty's Articles of War, subject to Restoration on subsequent good Conduct; and every Regimental or Detachment Court-martial shall deprive a Soldier, convicted of a Charge of habitual Drunkenness, of such Portion of his additional or regular Pay for such Period not exceeding Six Months, and mider such Restrictions and Regulations, as may accord with Her Majesty's Articles of War, subject to Restoration on subsequent good Conduct ; and in addition to such Deprivation of Pay, the Court may, if it shall think fit, sentence such Offender to any other Punishment which the Court may be competent to award : Provided always, that a Soldier so sentenced to the Forfeiture of Pay, who shall be quartered at or removed to a Station where Liquor forms Part of his Ration and is issued in Kind, shall be deprived of his Liquor in Kind instead of being deprived of One Penny of his daily Pay for so long a Time as he shall remain at such Station, and such Sentence of Forfeiture of Pay shall remain in force. Stoppages. XXXII I. In addition to any other Punishment which the Court may award, a Court-martial may further direct that any Offender may be put under Stoppages until he shall have made good — Any Loss or Damage occasioned by him in any of the Instances of disgraceful Conduct herein-before specified : Any Loss or Destruction of, or Damage or Injury to, any Property whatsoever, occasioned by his wilful or negligent Misconduct : Any Loss or Destruction of, or Damage or Injury to, his Horse, Arms, Clothing, Instruments, Equipments, Accoutrements, or Regimental Necessaries, or any extra Article of Clothing or Equipment that he may have been put in possession of and ordered to wear on the Recommendation of the Surgeon for the Benefit of his Health, or making away with or pawning any Medal for Service in the Field or for general good Conduct which may have been granted him by Order of Her Majesty, or by Order of the East India Company, or any Loss or Destruction of, 18*' VICTORIA, Cap.ll. 67 Mutiny. of, or Damage or Injury to, the Arms, Horse, Clothing, Instru- ments, Accoutrements, or Regimental Necessaries of any Officer or Soldier, occasioned by his wilful or negligent Misconduct : Any Expense necessarily incurred by his Drunkenness or other Misconduct : Provided always, that, except in the Case of the Loss or Destruction of any Arras, Clothing, Instruments, Equipments, Accoutrements, or Regimental Necessaries, in which Case the Court may by its Sentence direct that the said Stoppages shall continue till the Cost of replacing the same be made good, the Amount of any Loss, Destitiction, Damage or Injury, or Expense, shall be ascertained by Evidence, and the Offender shall be placed under Stoppages for such an Amount only as shall be proved to the Satisfaction of the Court : Provided also, that after satisfying the Charges for his Messing and Washing, so much only of the Pay of the Soldier may be stopped and applied as shall leave him a Residue at the least of One Penny a Day. XXXIV. Whenever any Soldier shall have been convicted of Discharged any such disgraceful Conduct herein-before described, or of Desertion, j^^|^ ^"°' and the Court in respect thereof shall have made the Forfeiture of all Claim to Pension on Discharge a Part of the Sentence passed on such Soldier, such Court may further recommend that he be discharged with Ignominy from Her Majesty's Service. XXXV. On the first and on every subsequent Conviction of Marking Desertion the Court-martial, after awarding such Punishment as eserters. it may think fit, may order the Offender to be marked on the Left Side, Two Inches below the Arm-pit, with the Letter D, such Letter not to be less than an Inch long, and to be marked upon the Skin with some Ink or Gunpowder, or other Preparation, so as to be visible and conspicuous, and not liable to be obliterated. XXXVI. A General, Garrison, or District Court-martial may Power of Im- sentence any Soldier to Imprisonment, with or without Hard Labour, w^(i;ffere"nt and may also direct that such Offender shall be kept in Solitary Kinds of Confinement for any Portion or Portions of such Imprisonment ""Jj^" not exceeding Fourteen Days at a Time, nor Eighty-four Days in any One Year, with Intervals between the Periods of Solitary Con- finement of not less Duration than such Periods ; and when the Imprisonment awarded shall extend bejond Three Months, the Court- martial shall imperatively order that the Solitary Confinement shall not exceed Seven Days in any One Month of the whole Imprison- ment awarded, with Intervals between the Periods of Solitary Confinement of not less Duration than such Periods ; and any Regimental 68 18" VICTORIA, Cap.U, Mutiny. Imprison- ment of Oifcnders already un- Regiraental or Detachment Court-martial may sentence any Soldier to Imprisonment, with or without Hard Labour, for any Period not exceeding Forty-two Days, and may also direct that such Soldier may be kept in Solitary Confinement for any Portion or Portions of such Imprisonment, not exceeding Fourteen Days at a Time, with an Interval between them of not less Duration than such Periods of Solitary Confinement ; provided that when any Court-martial, whether General, Garrison, or District, or Regimental or Detachment, shall direct that the Imprisonment shall be solitary only, or when any Sentence of corporal Punishment shall have been commvited to such Imprisonment only, the Periods shall in no Case exceed Fourteen Daj^s. XXXVII. Whenever Sentence shall be passed by a Court-martial on an Offender already imprisoned under Sentence of a Court- martial for any Offence of which he has been before convicted, der Sentence j^ ^\iQ\\ be lawful for the Court to award Imprisonment for the Offence. Offence for which he is under Trial, upon Conviction thereof, to commence at the Expiration of the Imprisonment to which such Offender shall have been previously sentenced; and where such Offender shall be already under Sentence, either of Imprisonment, of Penal Servitude, or of Transportation, the Court, if empowered to pass Sentence of Penal Servitude or of Transportation, may award such Sentence for the Offence for which he is under Trial to com- mence at the Expiration of the Imprisonment, Penal Servitude, or Transportation to which such Offender shall have been previously sentenced, althoiigh the aggregate of the Terms of Imprisonment, Penal Servitude, or Transportation respectively may exceed the Term for which either of those Punishments would be otherwise awarded. Term and XXXVIII. Save as herein-before specially provided, every Term Place of Im- ^^ j^enal Servitude, Transportation, or of Imprisonment under the pnsonment. ,'- , . ^ Sentence of a Court-martial, whether origmal or revised, shall be reckoned as commencing on the Day on which the original Sentence and Proceedings shall have been signed by the President ; and the Place of Imprisonment under the Sentences of General Courts- martial shall be appointed by the Officer commanding the District, Garrison, Island, or Colony, and under the Sentence of any other Court-martial shall be appointed by the Officer confirming the Proceedings of such Court-martial, and in default of such Appoint- ment then the Place of Imprisonment shall be appointed by the Officer commanding the Regiment or Corps to which the Offender belongs or is attached. Military Prisons. XXXIX. It shall be lawful for the Secretary-at-War to set apart any Buildings now erected or which may hereafter be erected, or IS'' VICTORIiE, Cap.ll. 69 Mutiny. or any Part or Parts thereof, as Military Prisons, and to declare that any Building, or any Two or more separate and detached Buildings, shall be, and thenceforth such Building or Buildings shall be deemed and taken to be, a Military Prison ; and every Military Prison, whether the same now exist or may hereafter be established, which shall be, or which, under the Provisions of any former Act of Parliament, have been, so as aforesaid set apart or declared, shall be deemed to be a public Prison within the Meaning of this Act ; and all and every the Powers and Au- thorities with respect to County Gaols or Houses of Correction which now are or which may hereafter be vested in any of Her Majesty's Principal Secretaries of State shall, with respect to all such Military Prisons, belong to and may be exercised by the Secretary-at-War ; and it shall be lawful for the Secretary-at-War from Time to Time to make, alter, and repeal Rules and Regulations for the Govern- ment and Superintendence of any such Military Prison, and of the Governor, Provost Marshal, Officers, and Servants thereof, and of Offenders confined therein ; and it shall be lawful for the Secretary- at-War from Time to Time to appoint an Inspector General and Inspectors of Military Prisons, and a Governor, or Provost Marshal, and all other necessary Officers and Servants for any such Mihtary Prison, and, as Occasion may arise, to remove the Governor or Provost Marshal, Officer or Servant of any such Military Prison ; and the General or other Officer commanding any District or Foreign Station within which may be any such Military Prison, or such General or other Officer, and such other Person or Persons as the Secretary-at-War may from Time to Time appoint, shall be a Visitor or Visitors of such Prison ; and the Secretary-at-War may authorize any General Officer commanding on a Foreign Station to appoint periodically Visitors to any Military Prison within his Command ; and the Secretary-at-War shall transmit to the Visitor or Visitors of every Military Prison established by his Authority a Copy of the Rules and Regulations which are to be observed and enforced, and the same shall accordingly be observed and enforced, within such Prison ; and every Inspector, Visitor, and Governor of any such Military Prison respectively shall, subject to such Rules and Regu- lations as may from Time to Time be made by the Secretary-at- War, have and exercise in respect of such Prison, and of the Governors, Officers, and Servants thereof, and of the Prisoners confined therein, all the Powers and Authorities, as well in respect of administering Oaths as otherwise, which any Inspector, Visiting Justice, or Governor of a County Gaol or House of Correction may respectively exercise as such. XL. Every 70 18" VICTORIA, Cap.ll, Custody of Prisoners under Mili- tary Sen- tence in Comnion Gaols. Mutiny. XL. Every Governor, Provost Marshal, Gaoler, or Keeper of any public Prison or of any Gaol oi' House of Correction in any Part of Her Majesty's Dominions shall receive into his Custody any Military Offender under Sentence of Imprisonment by a General or other Court-martial, upon Delivery to him of an Order in Writing in that Behalf from the Officer commanding the Regiment or Corps to which the Offender belongs or is attached, which Order shall specify the Period of Imprisonment which the Offender is to undergo, and the Day and Hour of the Day on which he is to be released ; and such Governor, Provost Marshal, Gaoler, or Keeper shall keep such Offender in a proper Place of Confinement, with or without Hard Labour, and with or without Solitary Confinement, ac- cording to the Sentence of the Court and during the Time specified in the said Order, or until he be discharged or delivered over o Military Custody before the Expiration of that Time under an Order duly made for that Purpose ; and whenever Troops are called out in aid of the Civil Power, or are stationed in Billets, or are on the Line of March, every Governor, Provost Marshal, Gaoler or Keeper of any public Prison, Gaol, House of Correction, Lock-up House, or other Place of Confinement, shall receive into his Custody any Soldier for a Period not exceeding Seven Days, upon Delivery to him of an Order in Writing on that Behalf from the Officer com- manding such Troops. Proviso for Removal of Prisoners. XLI. In the Case of a Prisoner undergoing Imprisonment imder the Sentence of a Court-martial in any public Prison other than the Military Prisons set apart by the Authority of this Act, or in any Gaol or House of Correction in any Part of Her Ma- jesty's Dominions, it shall be lawful for the Officer who con- firmed the Proceedings of the Court, or for the Officer command- ing the District, Garrison, Island, or Colony, to give, as often as Occasion may arise, an Order in Writing directmg that the Prisoner be discharged, or be delivered over to Military Custody, whether for the Purpose of being removed to some other Prison or Place, there to undergo the Remainder or any Part of his Sentence, or for the Purpose of being brought before a Court-martial either as a Witness or for Trial ; and such Prisoner shall accordingly, on the Production of such Order, be discharged or be delivered over, as the Case may be : Provided also, that the Time during which any Prisoner under Sentence of Imprisonment by a Court- martial shall be detained in Military Custody shall be reckoned as Imprisonment under the Sentence, for whatever Purpose such Detention shall take place. { XLII. The 18" VICTORIA, Cap.U. 71 Mutiny. XLII. The Gaoler, or Person having the immediate Inspection of Their Sub- auy public Prison, Gaol, House of Correction, Lock-up House, or ■^;*'cnco m other Place of Confinement in any Part of Her Majesty's Dominions, Gaols, shall diet and supply every Soldier imprisoned by the Sentence of a Court-martial or as a Deserter with Fuel and other Necessaries according to the Regulations of such Place • of Confinement, and shall receive on account of every Soldier, during the Period of his Imprisonment, Sixpence per Diem, which the Secretary-at- War shall cause to be issued out of the Subsistence of such Soldier, upon Application in Writing signed by an}- Justice within whose Jurisdiction such Place of Confinement shall be locally situated, together with a Copy of the Order of Commitment, and which Sum of Sixpence per Diem shall be carried to the Credit of the Fund from which the Expense of such Place of Confinement is defrayed. XLIH. Every Gaoler, or Person having the immediate Inspection Expiration of any public Prison, Gaol, House of Correction, or other Place of of Impnson- , _ - . . mcnt in Confinement, to whom any Notice shall have been given, or who Common shall have Reason to believe or to know, that any Person in his Gaols. Custody for any Offence, Civil or Military, is a Soldier liable to serve Her Majesty on the Expiration of his Imprisonment, shall give, if in Great Britain to the Secretary-at-War, and if in Ireland to the General commanding Her Majesty's Forces in Ireland, One Month's Notice of the Period of such Expiration of Imprisonment, or if there shall not be sufficient Time for a Month's Notice then the longest practicable Notice thereof. XLIV. Musters shall be taken of every Regiment, Troop, or Com- Musters, and pany in Her Maiesty's Service, twice at least in everv Year, at such P"n;shment ^ , . ^ . " lor false Times as shall be appointed ; and no Soldier shall be absent from Musters, such Musters unless properly certified to be employed on some other Duty of the Regiment, or to be sick, or in Prison, or on Furlough ; and every Officer who shall make any false or untrue Muster of Man or Horse, or shall wittingly or willingly allow or sign the Muster Roll wherein such false Muster is contained, or any Duplicate thereof, or who shall directly or indirectly take or cause to be taken any Money or Gratuity for mustering any Soldiers, or for signing any Muster Rolls or Duplicates thereof, or shall knowingly muster any Person by a wi'ong Name, upon Proof thereof upon Oath made by Two Witnesses before a General Court-martial, shall for such Offence be forthwith cashiered, and shall be thereby utterly disabled to have or hold any Civil or Military Office or Employment within the United Kingdom of Great Britain and Ireland, or in Her Majestj^'s Service. XLV. Every 72 Trials for Desertion after subse- quent Re- enlistment. Apprehen- sion of De- serters in the United Kingdom. 18" VICTORIA, Cap.ll. Mutiny. XLV. Every Soldier shall be liable to be tried and punished for Desertion from any Corps into which he may have unlawfully enlisted, although he may of right belong to another Corps and be a Deserter therefrom, and whether such Soldier shall be tried for deserting from the Corps to which he may of right belong, or for deserting from the Corps into which he may have unlawfully enlisted, or for any other Desertion, every Desertion previous or subsequent to that for which he may at the Time be taking his Trial may, if duly stated in the Charges, be given in Evidence against him on such Trial. XLVI. Upon reasonable Suspicion that a Person is a Deserter it shall be lawful for any Constable, or if no Constable can be imme- diately met with, then it shall be lawful for any Officer or Soldier in Her 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 living in or near such Place, and acting for the Coimty or Borough wherein such Place is situate, or for the County adjoining such first-mentioned County or such Borough ; and such Justice is herebj^ authorized and required to inquire whether such suspected Person is a Deserter, and if it shall appear by the Testimony of One or more Witnesses, taken upon Oath, or by the Confession of such suspected Person, confirmed by some corroborative Evidence, or by the Knowledge of such Justice, or by Evidence sufficient to satisfy such Justice that there are reasonable Grounds for believing that such suspected Person is a Deserter, such Justice shall forthwith cause him to be convej^ed in civil Custody to the Head Quarters or Depot of the Regiment to which he belongs, if stationed within Five Miles of the Place of Apprehension, or if such Head Quarters or Depot shall not be stationed within Five Miles, then to the nearest or most convenient public Prison (other than a Military Prison set apart under the Authority of this Act) or Police Station legally provided as a Lock-up House for temporary Confinement of Persons taken into Custody, whether such Prison or Police Station be in the County or Borough in which such suspected Person was apprehended, or in which he was committed, or not ; or if the Deserter shall have been apprehended by a Party of Soldiers of his own Regiment in charge of a Commissioned Officer, such Justice may deliver him up to such Party, unless the Officer shall deem it neces- sary to have the Deserter committed to Prison for safe Custody ; and such Justice shall transmit an Account thereof, in the Form pre- scribed in the Schedule annexed to this Act, to the Secretary-at-War, specifying therein whether such Deserter was delivered to his Regi- ment or to the Party of his Regiment in order for his being taken to I 18° VICTORIiE, Cap. 11. 73 Mutiny. to the Head Quarters or Depot of his Regiment, or whether such Deserter was committed to Prison, to the end that the Person so committed may be removed by an Order from the Office of the said Secretary-at-War, and proceeded against according to Law, and such Justice shall also send to the Sccrctary-at-War a Report, stating the Names of the Persons by whom the Deserter was appre- hended and secured; and the Secretary-at-War shall transmit to such Justice an Order for the Payment to such Persons of such Sum not exceeding Forty Shillings as the Secretary-at-War shall be satisfied they are entitled to according to the true Intent and Meaning of this Act ; and for such Information, Commitment, and Report as aforesaid the Clerk of the said Justice shall be entitled to a Fee of Two Shillings and no more ; and every Gaoler and other Person into whose Custody any Person charged with Desertion is committed shall immediately upon the Receipt of the Person so charged into his Custody pay such Fee of Two Shillings, and also upon the Production of a Receipt from the Medical Practitioner who, in the Absence of a Military Medical Officer, may have been required to examine such suspected Person, a Fee of Two Shillings and Sixpence, and shall notify the Fact to the Secre- tary-at-War, and transmit also to the Secretary-at-War a Copy of the Commitment, to the end that such Secretary-at-War may order Repayment of the same ; and when any Person shall be apprehended In the and committed as a Deserter in any of Her Majesty's Colonies the Justice shall forthwith cause him to be conveyed to some public Prison, if the Regiment to which he is suspected to belong shall not be in the Colony, or, if the Regiment be in the Colony, the Justice may, if within reasonable Distance, deliver him into Custody at the nearest Military Post, although the Regiment to which such Person is suspected to belong may not be stationed at such Military Post ; and such Justice shall in every Case transmit to the General or other Officer commanding in the Colony a Description Return in the Form prescribed, to the end that such Person may be re- moved by Order of such Officer, and proceeded against according to Law. XLVIT. Every Gaoler, or Person having the immediate Inspec- Temporary tion of any public Prison, Gaol, House of Correction, Lock-up R"^'°ff j„ House, or other Place of Confinement in any Part of Her Majesty's Gaols. Dominions, is hereby required to receive and confine every Deserter who shall be delivered into his Custody by any Soldier conveying such Deserter under lawful Authority, on Production of the Warrant of the Justice of the Peace on which such Deserter shall have been taken, or some Order from the Office of the Secretary-at-War, T which 74 18° VICTORIA, Cap.ll Mutiny. which Order shall continue in force until the Deserter shall have arrived at his Destination ; and such Gaoler or Person shall be entitled to One Shilling for the safe Custody of the said Deserter while halted on the March, and to such Subsistence for his Mainte- nance as shall be directed by Her Majesty's Regulations. Desertion of XLVIII. Any Recruit who shall desert prior to joining the Kecruits. Reginient for which he has enlisted shall, on being apprehended, and committed for such Desertion by any Justice of the Peace upon the Testimony of One or more Witnesses upon Oath, or upon his own Confession, be liable to be transferred to any Regiment or Depot nearest to the Place where he shall have been apprehended, or to any other Regiment to which Her Majesty may deem it more desirable that he shoul'! be transferred: Provided always, that all Cavalry Recruits so committed for Desertion shall be transferred to Cavalry Regiments, and Infantry Recruits to Infantry Regiments ; and that such Deserters thus transferred shall not be liable to other Punishment for the Offence, or to any other Penalty except the Forfeiture of their personal Bount}^ reserving only for them that Part of the Bounty Avhich is applicable to and required for the Provision of Necessaries. Fraudulent XLIX. Any Soldier who, while serving in any of Her Ma- of^Desertion J^^^j'"^ Forces, or the Embodied Militia, or the Forces of the East India Company, shall to any Officer or Non-commissioned Officer fraudulentl}' confess himself to be a Deserter, shall be liable to be tried by Court-martial, and any Person who shall voluntarily deliver himself up and confess himself to be a Deserter from Her Majesty's Forces, or the Embodied Militia, or the Forces of the East India Company, or who, upon being appre- hended for any Offence, shall, in the Presence of the Justice, con- fess himself to be a Deserter as aforesaid, shall be deemed to have duly enlisted and to be a Soldier, and shall be liable to serve in any of Her Majesty's Forces, as Her Majesty shall think fit to appoint, whether such Person shall have been actually enlisted as a Soldier or not ; or in case such Person shall not be a Deserter as aforesaid, he shall be liable to be taken before Two Justices of the Peace, and on Proof that any such Confession as aforesaid was false, shall by them be adjudged to be punished, if in England as a Rogue and Vagabond, and if in Scotland or Ireland by Commitment to some Prison or House of Correction, there to be kept to Hard Labour for any Time not exceeding Three Months, or he deemed guilty of obtaining Money under false Pretences, within the true Intent and Meaning, if in England, of an Act passed in the Seventh ~ and 18" VICTORIiE, Cap. 11. 75 Mutiny. and Eighth Years of His Majesty King George the Fourth, intituled An Act for amending and consolidating the Laws in England rehi- 7 & 8 G. 4. tive to Larceny and other Offences connected thereioith, and if in °" ^^" Ireland of an Act passed in the Ninth Year of the Reign of His Majesty King George the Fourth, intituled An Act for consolidating 9 G. 4. c. 55. and amending the Laws in Ireland relative to Larceny and other Offences connected therewith, or shall be deemed guilty, if in Scot- land, of Falsehood, Fraud, and wilful Imposition ; and every Person so deemed to be guilty of obtaining Money under false Pretences, or of Falsehood, Fraud, and wilful Imposition, as the Case may be, shall be liable to be proceeded against and punished accordingly ; and the Confession and receiving Subsistence as a Soldier by such Person shall be Evidence of the false Pretence, or of the False- hood, Fraud, and Imposition, as the Case may be, 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 shall have been summarily convicted and punished, in England, as a Rogue and Vagabond, or in Scotland or Ireland by Commitment, 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 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 sach 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 appearing to have signed the same ; and if the Person so confessing himself to be a Deserter shall be serving at the Time in any of Her Majesty's Forces, he shall be deemed to be and shall be dealt with by all Justices and Gaolers as a Deserter. L. When there shall not be any Military Officer of Rank not Extension of inferior to Captain, or any Adjutant of Regular Militia, within caseof^Sick- convenient Distance of the Place where any Non-commissioned neas. Officer 76 18° VICTORIiE, Cap.ll. Mutiny. Officer or Soldier on Furlough shall be detained by Sickness or other Casualty rendering necessary any Extension of such Furlough, it shall be lawful for any Justice who shall be satisfied of such Necessity to grant an Extension of Furlough for a Period not exceeding One Month ; and the said Justice shall by Letter immediately certify such Extension and the Cause thereof to the Commanding Officer of the Corps or Detachment to which such Non-commissioued Officer or Soldier belongs, if known, and if not then to the Agent of the Regiment, in order that the proper Sum may be remitted to such Non-commissioned Officer or Soldier, who shall not during the Period of such Extension of Furlough be liable to be treated as a Deserter : Provided always, that nothing herein contained shall be construed to exempt any Soldier from Trial and Punishment, according to the Provisions of this Act, for any false Represen- tation made by him in that Behalf to the said Justice, or for any Breach of Discipline committed by him in applying for and obtaining the said Extension of Furlough. No Person LI. No Person subject to this Act, having been acquitted or con- acquitted or yicted of any Crime or Offence by the Civil Magistrate, or by the the Civil Verdict of a Jury, shall be liable to be again tried for the same Crime Magistrate qj. Offence by a Court-martial, or punished for the same otherwise to be tried than by cashiering ; and whenever any Officer or Soldier shall have by Court- \tQQ\\ tried by any Court of ordinary Criminal Jurisdiction, the Clerk the same of ^^ch Court or other Officer having the Custody of the Records Offence. of SLich Court, or the Deputy of such Clerk, shall, if required by the Officer commanding the Regiment to which such Officer or Soldier shall belong, transmit to him a Certificate, containing the Substance and Effect only of the Ladictment, omitting the formal Part, and containing also a Copy of the Entry of the Judgment of the Court thereon if such Officer or Soldier shall have been convicted, or of the Acquittal of such Officer or Soldier, and shall be allowed for such Certificate a Fee of Three Sliillings. Soldiers LIE Any Person enlisted into Her Majesty's Service as a Soldier, liable to be qj. sei-yinff as a Non-commissioned Officer or Drummer on the per- fikoiioutoi Her Ma- manent Staff of the Disembodied Militia, shall be liable to be taken jcsty's Ser- q^{. ^f j|gj. Majesty's Service only by Process or Execution on vice only for •> j ^ j ^ Felony, Mis- account of any Charge of Felony or of Misdemeanor, other than the demeanor, or Misdemeanor of refusing to comply with an Order of Justices for the aiuountin"- Payment of Money, or on account of an original Debt proved by to 30/. and Affidavit of the Plaintiff or of some one on his Behalf to amount **^^ ' to the Value of Thirty Pounds at the least, over and above all Costs of Suit in the Action or Actions, such Affidavit to be sworn, without Payment I 18" VICTORIiE, Cap. 11. 77 Mutiny. Payment of any Fee, before some Judge of the Court out of which Process or Execution shall issue, or before some Person authorized to take Affidavits in such Court, of which Affidavit, when duly filed in such Court, a Memorandum shall, without Fee, be endorsed upon the Back of such Process, stating the Facts sworn to, and the Day of filing such Affidavit ; but no Soldier or other Person as aforesaid Soldiers not shall be liable by any Process whatever to appear before any Justice \^^^^ *° ^ °f of the Peace or other Authority whatever, or to be taken out of Her iier Ma- Majesty's Service by any Writ, Summons, Warrant, Order, Judgment, ^'^•^'^{•'^.n'^'i^. Execution, or any Process whatsoever issued by or by the Authority under 30/., or of any Court of Law, or any Magistrate, Justice or Justices of the '"F ^°^ ™f '"" -n Ai'i n • • ^ -r\ ^ taming tlieir Peace, or any other Authority whatsoever, for any origmal Debt not Families, or amounting to Thirty Pounds, or for not supporting or maintaining, forBruach or for not having supported or maintained, or for leaving or having left his Family or any Part thereof chargeable to any Parish, Town= ship, or Place, or to the Common Fund of any Union, any Relation or Child which such Soldier or Person might, if not in Her Majesty's Service, be compellable by Law to relieve or maintain, or for neg- lecting to pay to the Mother of any Bastard Child, or to any Person who may have been appointed to have the Custody of such Child, any Sum to be paid in pursuance of an Order on that Behalf, or for the Breach of any Contract, Covenant, Agreement, or other Engagement whatever, by Parol or in Writing, or for having left or deserted his Em- ployer or Master, or his Contract, Work, or Labour, except in the Case of an Apprentice, or of an indentured Labourer, as herein-after described ; and all Summonses, Warrants, Commitments, Lidictments, Convictions, Judgments, and Sentences, on account of any of the Matters for which it is herein declared that a Soldier or other Person as aforesaid is not liable to be taken out of Her Majesty's Service, shall be utterly illegal, and null and void, to all Litents and Purposes ; and any Judge of any such Court may examine into any Complaints made by a Soldier or by his Superior Officer, and by Warrant under his Hand discharge such Soldier, without Fee, he being shown to have been arrested contrary to the Intent of this Act, and shall award reasonable Costs to such Complainant, who shall have for the Recovery thereof the like Remedy as would have been applicable to the Recovery of any Costs which might have been awarded against the Complainant in any Judgment or Execution as aforesaid, or a Writ of Habeas corpus ad subjiciendum shall be awarded or issued, and the Discharge of any such Soldier out of Custody shall be ordered thereupon ; provided that any Plaintiff, upon Notice of the Cause of Action first given in Writing to any Soldier, or left at his last Quarters, may proceed in any Action or Suit to Judgment, and have Execution other than against the Body ; provided also, that nothing herein contained relating to the leaving or deserting a Master or Employer, or to the U Breach 78 18" VICTORIiE, Cap.ll Mutiny. Breach of any Contract, Agreement, or Engagement, shall apply to Persons who shall be really and bond fide Apprentices, duly bound, under the Age of Twenty-one Years, or to indentured Labourers, as herein-after prescribed. Officers not LIII. No Officer of Her Majesty's Forces residing in Barracks p^^'^'^^'a'^^^ or elsewhere under Military Law shall be deemed liable to have any prentices. Parish poor Child bound Apprentice to him. or Mayors. Officers not LIV. No Person who shall be commissioned and in Full Pay as an to be Sheriffs Officer shall be capable of being nominated or elected to be Sheriff of any County or other Place, or to be Mayor, Portreeve, Alderman, or shall be capable of holding any Office in any Municipal Corporation in any City, Borough, or Place in Great Britain or Ireland. Enlisting and swear- ing of Re- cruits. LV. Every Person who shall receive Enlisting Money, knowing it to be such, from any Person employed in the Recruiting- Service, and being an Officer, Non-commissioned Officer, an attested Soldier, or an Out-Pensioner of Chelsea Hospital authorized to enhst Recruits, shall be deemed to be euhsted as a Soldier in Her Majesty's Service, and while he shall remain with the Recruit- ing Party shall be entitled to be billeted ; and every Person who shall enlist any Recruit shall first ask the Person offering to enlist whether he does or does not belong to the Militia, and shall within Twelve Hours after the Receipt of the Enlisting Money cause to be taken down in Writing the Name and Place of Abode of such Recruit, and (if such Recruit shall not reside in or in the Vicinity of the Town or Place where he offered to enlist) the Place also at which he shall declare that he intends to sleep, in order that within Forty- eight but not sooner than Twenty-four Hours (any intervening Sunday not included) after his having received the Enlisting Money Notice of his having so enhsted be given to the Recruit in the Form pre- scribed in the Schedule to this Act annexed, or left at his usual Place of Abode, or at the Place where he stated that it was his Inten- tion to sleep ; and when any Person shall be enlisted as a Soldier in Her Majesty's Land Service he shall, within Ninetj'-six Hours (any inter- vening Sunday not included), but not sooner than Twenty-four Hours after such enhsting, appear, together with some Person employed in the Recruiting Service of the Party with which he shall have enlisted, before any Justice or other Magistrate residing in the Vicinity of the Place where such Person shall have enlisted, or before any Justice or other Magistrate acting for the Division, District, or Place where such Recruit shall have been enlisted, and not being an Officer in the Army ; and if such Recruit shall declare his having voluntarily enlisted, the said Justice shall put to him the several Questions contained in the Schedule to this Act annexed, and shall then and there, and in the Presence 18° VICTORIA, Cap. 11. 79 Mutiny. Presence of the said Recruit, record or cause to be recorded in Writinir his Answers thereunto ; and the said Justice is hereby required forth- witli to read over, or cause his Clerk in his Presence to read over, to such Recruit, the Fortieth and Forty-sixth Articles of the Articles of War against Mutiny and Desertion, and to administer to such Recruit the Oath in the Schedule to this Act annexed,, or for Service in the Forces of the East India Company, as may be applicable to the Case of the Recruit, and no other Oaths ; and the Fee for administering each Oath shall be One Shilhng and no more ; and the said Justice is hereby required to give under his Hand the Certificate in the Schedule to this Act annexed ; and if any such Recruit so to be certified shall refuse to take the Oath in the Schedule to this Act annexed before the said Justice, it shall be lawful for the Justice, at the Request of the Officer or Non-commissioned Officer with whom he enlisted, to detain and confine such Person until he shall take the said Oath of Fidelity. LVI. Any Recruit appearing as aforesaid before such Justice shall Dissent and be at liberty to declare his Dissent to such enlisting, and upon such -J^l\ '"T Declaration, and returning the Enlisting Money, and also paying the Sum of Twenty Shilhngs as Smart Money, together with the full Amount of any Pay which shall have been paid to such Recruit sub- sequent to the Period of his having been enlisted, shall be forthwith discharged and set at liberty in the Presence of such Justice ; but if such Person shall refuse or neglect, within the Space of Twenty-four Hours after so declaring his Dissent, to return and pay such Money as aforesaid, he shall be deemed and taken to be enlisted, as if he had given his Assent thereto before the said Justice : Provided always, that it shall be lawful for any Justice to discharge any Person who shall have hastily enlisted, and who shall apply to him to declare his Dissent within such Ninety six Hours as aforesaid, upon Payment of the Sum of Money required to be paid by any Recruit declaring his Dissent under tliis Act, notwithstanding no Person belonging to the Recruiting Party shall be with the Recruit, if it shall appear to such Justice, upon Proof to his Satisfaction, that the Recruiting Party has left the Place where such Recruit was enlisted, or that the Recruit could not procure any Person belonging to such Party to go with him before the Justice ; and the Sum paid by such Recruit upon his Dis- charge shall be kept by the Justice, and after deducting One Shilling as the Fee to his Clerk for reporting the Payment to the Secretary-at- War and Inspecting Field Officer of the District, shall be paid to any Person belonging to the Recruiting Party entitled thereto demanding the same ; and no Recruit who has been actually, though erroneously, discharged by the Justice before the Expiration of Twenty-four Hours after the Time of his Enhstmcnt, shall be liable on that Account to be proceeded against as having deserted from Her Majesty's Service ; and the 80 18° VICTORIA, Cap. 11. Mutiny. the Justice who shall discharge any Recruit shall in every Case give a Certificate thereof, signed with his Hand, to the Recruit, specifying the Cause thereof. Offences connected with Enlist- ment. LVII. If any Recruit shall receive the Enlisting Money from any Person employed in the Reci'uiting Service (knowing it to be such), and shall abscond or refuse to go before such Justice, or shall there- after absent himself from the Recruiting Party or Person with whom he enlisted, and shall not voluntarily return to go before some Justice within such Period of Ninety-six Hours as aforesaid, such Recruit shall be deemed to be enlisted and a Soldier in Her Majesty's Service, or in the Service of the East India Company, as flilly to all Intents and Purposes as if he had been duly attested, and may be apprehended and punished as a Deserter, or for being absent without Leave, under any Articles of War made for Punishment of Mutiny and Desertion ; and such Recruit shall not be discharged by any Justice of the Peace after the Expiration of such Ninety- six Hours as aforesaid, unless it shall be proved to the Satisfaction of such Justice that the true Name and Residence of the Recruit were disclosed and known to the Recruiting Party, and that no Notice was given to the Recruit, or left at his usual Place of Abode, of his having so enlisted, or that the true Name and Residence of the Recruit were not taken down in Writing : Provided always, that in every Case wherein any Recruit shall have received Enlisting Money, and shall have absconded from the Party, so that it shall not be possible immediately to apprehend and bring him before a Justice, the Officer or Non- commissioned Officer commanding the Party shall produce to the Justice before whom the Recruit ought regularly to have been brought for Attestation a Certificate of the Name and Place of Residence of such Recruit ; and the Justice to whom such Certificate shall be produced shall, after satisfying himself that the Recruit who had absconded cannot be found and apprehended, transmit a Duplicate thereof to Her Majesty's Secretary-at-War, in order that in the event of such Recruit being afterwards apprehended and reported as a Deserter, the Facts of liis having received Enlisting Money, and having absconded after having been enlisted, may be ascertained before he be finally adjudged to be a Deserter ; and any Recruit who shall have enhsted into and been attested for Her Majesty's Forces, and who shall be discovered to be incapable of active Service by reason of any Infirmity concealed or not declared by such Recruit before the Justice at the Time of his Attestation, may be transferred to any Garrison or Veteran or Invalid Battalion or Company, notwithstanding he shall have enhsted for any particular Regiment, and shall be entitled to receive such Proportion or Residue of Bounty only as Her Majesty may allow in that Behalf, instead of the Bounty upon which such Man shall 18"^ VICTORLE, Cap. 11. 81 Mutiny. shall have been enlisted, anything in any Act or Acts, or any Rules and Regulation* relating to Soldiers, to the contrary notwithstanding; and it shall be lawful for any Two Justices actin .... Emergency, distinctly stating that a Case of Emergency doth exist, signified by the Secretary-at-War, or if in Ireland, by the Chief Seci-etary or Under Secretarj^ or the First Clerk in the Military Depart- ment, to authorize auv General or Field Officer commandina; Her Majest3''s Forces in any District or Place, or to the Chief Acting Agent for the Supply of Stores and Provisions, b}' Writing under his Hand 18° VICTORIiE, Cap. 11. 97 Mutiny. Hand reciting such Order of Her Majesty or Lord Lieutenant or Chief Governor aforesaid, to require all Justices within their several .Jurisdictions in EngUmd and Irdnnd to issue their Warrants for the Provision, not onl}- of Waggons, Wains, Carts, and Cars kept by or l)elonging to any Person and for any Use whatsoever, but also of Saddle Horses, Coaches, Postchaises, Chaises, and other Four- wheeled Carriages, kept for Hire, and of all Horses kept to draw Car- riages licensed to carry Passengers, and also of Boats, Barges, and other Vessels used for the Transport of any Commodities whatsoever upon any Canal or navigable River, as shall be mentioned in the said Warrants, therein specifying the Place and Distance to which such Carriages or Vessels shall go ; and on the Production of such Requisition, or a Copy thereof certified by the Commanding Officer, to such Justice, by any Officer of the Corps ordered to be conveyed, or by any Officer of the Commissariat or Ordnance Department, such Justice shall take all the same Proceedings in regard to such additional Supply so required on the said Emergency as he is by this Act required to take for the ordinary Provision of Cari'iages ; and all Provisions whatsoever of this Act, as regards the procuring of the ordinary Supply of Carriages, and the Duties of Officers and Non- commissioned Officers, Justices, Constables, and Owners of Carriages in that Behalf, shall be to all Intents and Purposes applicable for the providing and Payment, according to the Rates of Posting or of Hire usually paid for such other Description of Carriages or Vessels so required on Emergency, according to the Length of the Journey or Voyage in each Case, but making no Allowance for Post Horse Duty, or Turnpike, Canal, River, or Lock Tolls, Avhich Duty or Tolls are hereby declared not to be dcmandable for such Carriages and Vessels while employed in such Service or retiu'ning therefrom ; and it shall be lawful to convey thereon, not only the Baggage, Provisions, and Military Stores of such Regiment or Detachment, but also the Officers, Soldiers, Servants, Women, Children, and other Persons of and belonging to the same. LXXVn. It shall be lawful for the Justices of the Peace assembled .Tustices em- at their Quarter Sessions to direct the Treasurer to pay, without ^("^^^'in-se" Fee, out of the Pubhc Stock of the County or Riding, or if such Constables Public Stock be insufficient then out of the Monies which the *^^/„"^"™L^''" said Justices shall have Power to raise for that Purpose, in like them. Manner as for County Gaols and Bridges, such reasonable Sums as shall have been expended by the Constables within their respective Jurisdictions for Carriages and Vessels, over and above what was or ought to have been paid by the Officer requiring the same, regard being had to the Season of the Year and Condition of the M^ays by which such Carriages and Vessels are to pass. Bb - LXXVII. It 98 Routes in Irelaiifl. ,l8':VICTORIiE,. Cap.ll. Mutiny. LXXVIII. It shall be lawful for the Lord Lieuteuant or other Chief Governor for the Time being of Irelcmd to depute, by Warrant under his Hand and Seal, some proper Person to sign Routes in Cases of Emergency, for the marching of any of Her Majesty's Forces in Ireland, m the Name of such Lord Lieutenant or Chief Governor. Tolls. LXXIX. All Her Majesty's Officers and Soldiers, being in proper Staff or Regimental or Military Uniform, Dress or Undress, and their Horses and Baggage, (but not when passing in any hired or private Vehicle,) and all Recruits, marching by Route, and all Prisoners under Military Escort, and all enrolled Pensioners in Uniform when called out for Training or in aid of the Civil Power, and all Carriages and Horses belonging to Her Majesty or employed in Her Service under the Provisions of this Act, or in any of Her Majesty's Colonies, when conveying Persons or Baggage going thereto or returning therefrom, shall be exempted from Payment of any Duties and Tolls on embarking or disembarking from or upon any Pier, Wharf, Quay, or Landing Place, or passing Turnpike or other Roads or Bridges, otherwise demandable liy virtue of any Act already passed or hereafter to be passed, or by virtue of any Act or Ordinance, Order or Direc- tion of any Colonial Legislature or other Authority in any of Her Majesty's Colonies ; provided that nothing herein contained shall exempt any Boats, Barges, or other Vessels employed in conveying the said Persons, Horses, Baggage, or Stores along any Canal from Payment of Tolls, in like Manner as other Boats, Barges, and Vessels are liable thereto, except when employed in Cases of Emergency as herein-before enacted. Ferries. LXXX. When any Soldiers on Service have Occasion in their March by Route to pass regular Ferries in Scotland, the Officer commanding may at his Option pass over with his Soldiers as Passengers, and shall pay for himself and each Soldier One Half only of the ordinary Rate payable by single Persons, or may hire the Ferry Boat for himself and his Party, debarring others for that Time, and shall in all such Cases pay only Half the ordinary Rate for such Boat. Marching Money on Discharge. LXXXL Every Soldier entitled to his Discharge shall, if then serving abroad, be sent, if he shall so require it, to Great Britain or Ireland free of Expense, and shall be entitled to receive Marching Money from the Place of his being landed (or, if discharged at home, shall receive Marching Money from the Place of his Dis- charge,) to the Parish or Place in which he shall have been originally enlisted, or at which he shall at the Time of his Discharge decide 18°VICTORLE, Cap. 11. 99 Mutiny. decide to take up his Residence, such Place not being at a greater Distance from the Place of his Dischan-'e than the Place of his original Enlistment. '&' LXXXII. The Churchwardens of every Parish' in Eii'Aaad and Notiiifution Ireland, and the Constables or other Officers of every Parish or o"vood^or Place in Scotland, on receiving a Notification from the Secretary- bad Conduct at- War of the Names of any Soldiers belonging to the said Parish who have, for meritorious Conduct in the Army, received Her Ma- jesty's special Approbation, or who, in consequence of Misconduct, have been dismissed Her Majesty's Service with Disgrace, shall affix such Notification on the Outside of the Door of the Church or Chapel belonging to such Parish or Place on the Sunday next succeeding the Receipt of the said Notification. LXXXIII. Nothing in this Act shall be construed to extend to Ordinary exempt any Officer or Soldier from being proceeded against by q^^^^-^ °/ the ordinary Course of Law, when accused of Felony or of Mis- Justice not to demeanor other than the Misdemeanor of refusing to comply with . '"terfered an Order of Justices for the Payment of Money ; and if any Com- Punishment manding Officer shall neglect or refuse, on Application being made "f Oncers T. IT 1 /-I- -1 TVT • obstructing to him for that Purpose, to deliver over to the Civil Magistrate CivilJustice. any Officer or Soldier under his Command, or shall wilfully obstruct, neglect, or refuse to assist the Officers of Justice in apprehend- ing any Officer or Soldier under his Command, so accused as aforesaid, such Officer shall, upon Conviction thereof in any of Her Majesty's Superior Courts at We-stminnter, Dublin, or Edin- burgh, be deemed to be thereupon cashiered, and shall be thence- forth utterly disabled to have or hold any Civil or Military Office or Employment in the United Kingdom of Great Britain and Ireland, or in Her Majesty's Service ; and a Certificate thereof containing the Substance and Eflfect of the Indictment only, omitting the ibrmal Part, with the Copy of the Entry of the Judgment of the Court thereon, shall be transmitted to the Judge Advocate General in London. LXXXIV. For enforcing a prompt Observance of the Rules and Penalty for Orders for the due Appropriation of the Public Funds applicable ,iienee by to Army Services, and in ordsr that a true and regular Account Agents, may be kept and rendered by the Agents for the several Corps, the said Agents are hereby required to observe such Orders as shall from Time to Time be given by Her Majesty under Her Sign Manual, or by the Secretary-at-War, or by Her Majesty's Chief Governor or Governors of Ireland, or by the Lord Treasurer or Commissioners of Her Majesty's Treasury ; and if any Person, being or having been an Agent, shall refuse or neglect to comply with such Orders 100 18° VICTORIA, Cap. 11. Mntivy. Orders in relation to his Duty as Agent, or shall unlawfully withhold or detain the Pay of any Officer or Soldier after the Space of One Month after the Receipt thereof, he shall for the First Offence forfeit the Sum of One hundred Pounds, and if still an Agent, for the Second Offence be discharged from his Employment as an Army Agent, and be utterly disabled to have or hold such Employment thereafter, or, if he shall have ceased to be an Army Agent, shall for the Second and every succeeding Ofi^ence forfeit the Sum of Two hundred Pounds. Penalty on trafficking in Commis- sions, LXXXV. Every Person, not being an authorized Army Agent, who shall negotiate or act as Agent for and in relation to the Purchase, Sale, or Exchange of any Commission in Her Majesty's Forces, shall forfeit for every such Offence the Sum of One hundred Pounds ; and exery Person, whether authorized or not as an Army Agent, who shall receive any Money or Reward in respect of any such Purchase, Sale, or Exchange, or shall negotiate or receive, for any Purpose whatsoever, any Money or Consideration where no Price is allowed by Her Majestj^'s Regulations, or any Money or Consideration exceeding the Amount so allowed, shall forfeit One hundred Pounds, and Treble the Value of the Consideration where the Commission is not allowed to be sold, or Treble the Excess of such Consideration beyond the regular Price. Penalty for procur- ing false Musters. Penalty on unlawful recruiting. LXXXVI. Every Person, not having any Military Commission, who shall give or procure to be given any untrue Certificate, whereby to excuse any Sokher for his Absence from any Muster or an}- other Service which he ought to attend or perform, or who shall directly or indirectly cause to be taken any Money or Gra- tuity for mustering any Soldiers, or lor signing any Muster Rolls or Duplicates thereof, shall forfeit for every such Offence the Sum of Fift}^ Pounds ; and any Person who shall falsely be mustered, or offer himself to be mustered, or lend or furnish any Horse to be falsely mustered, shall, upon Oath made by Two Witnesses before some Justice of the Peace residing near the Place where such Muster shall be made, forfeit the Sum of Twenty Pounds, and the Informer, if he belongs to Her Majesty's Service, shall, if he demand it, be forthwith discharged. LXXXVn. All the Persons (except such may be stationed under Military Command) be advertised, posted, or dispersed Bills for curing Recruits or Substitutes for the Line, East India Company's Service, or shall open Place of Rendezvous or Office, or receive any Recruiting Parties as who shall cause to the Purpose of pro- Embodied Militia, or or keep any House, Person therein under such 18'' VICTORli^, Cap. 11. 101 Mutiny. such Bill or Advertisement, as connected with the Recruiting Service, or shall directly or indirectly interfere therewith, without rcrmissiou in Writing- from the Adjutant General, or from the Directors of the East India Company, (as the Case may be,) shall forfeit for eveiy such Offence a Sum not exceeding Twenty Pounds. LXXXVIII. Any Person who shall in any Part of Her Majesty's Penalty for Dominions, by Words or by any other Means whatsoever, directly SoiU'erfto or indirectly procure any Soldier to desert, or shall by Words desert, or by any other Means whatsoever attempt to procure or persuade any Soldier to desert, and any Person who, knowing that any Soldier is about to desert, shall aid or assist him in deserting, or, knowing any Soldier to be a Deserter, shall conceal such Deserter, or aid or assist such Deserter in concealing himself, shall be deemed guilty of a Misdemeanor, and shall, on Conviction thereof, be liable to be punished by Fine or Imprisonment, or both, as the Court before which such Conviction shall take place may adjudge. LXXXIX. Any Officer or Soldier who shall forcibly enter Penalty into or break open any Dwelling House or Outhouse, or shall *''i' fo'' ible . . hntry in give any Order under which any Dwelling House or Outhouse Pursuit of shall be forcibly entered into or broken open, without a Warrant l^csertcrs. from One or more Justices of the Peace, shall, on Conviction thereof before Two Justices of the Peace, forfeit a Sum not exceeding Twenty Pounds. XC. If any Person shall convey or cause to be conveyed into Penaltios any Military Prison appointed to be a public Prison under this Act °" ai'l'"S any Arms, Tools, or Instruments, or any Mask or other Disguise, Attempt lo to facilitate the Escape of anv Prisoner, or shall by any Means what- ^^^H^^ "'" . , 1 . , -!-»•', • • Prisoners, ever aid and assist any Prisoner to escape or in attempting to escape and on from such Prison, whether an Escape be actually made or not, such 'heacli of Person shall be deemed guilty of Felony, and upon being convicted rruiatiousr thereof shall be transported beyond the Seas for any Term not ex- ceeding Fourteen Years ; and if any Person shall bring or attempt to bring into stich Prison, in contravention of the existing Rules, any spirituous or fermented Liquor, he shall for every such Olfence be liable to a Penalty not exceeding Twenty Pounds and not less than Ten Potinds, or to Imprisonment, with or without Hard Labour, for any Time not exceeding Three Calendar Months; and if any Person shall bring into such Prison, to or for any Prisoner, without the Knowledge of the Governor, any Money, Clothing, Provisions, Tobacco, Letters, Papers, or otlier Articles not allowed by the Rules of the Prison to be in the Possession of a Prisoner, or shall throw into the said Prison any such Articles, or shall by Desire ol' any I'risoner, C c without 102 18° VlCTORIiE, Cap. 11. Mutiny. without the Sanction of the Governor, carry out of the Prison any of the Articles aforesaid, he shall for every such Ottence be liable to a Penalty not exceeding Five Pounds, or to Imprisonment, either with or without Hard Labour, for any Time not exceeding One Calendar Month ; and if any Person shall assault or violently resist any Officer of such Prison in the Execution of his Duty, or shall aid or excite any Person so to assault or resist any such Officer, he shall for every such Oflence be liable to a Penalty not exceeding Five Pounds, or to Imprisonment, either with or without Hard Labour, for any Time not exceeding One Calendar Month, or, if the Offender be a Soldier already under Sentence of Imprisonment, he shall be liable to be sentenced for every such Offence to be imprisoned, either with or without Hard Labour, upon Conviction thereof by a Board of not less than Three of the Visitors of the Prison, for any Time not exceeding- Six Calendar Months, or upon Conviction thereof by a single Visitor for any Time not exceeding Seventy-two Hours, in addition to so much of the Time for which he was originally sentenced as may then be unexpired ; or if such Soldier shall, within Forty-eight Hours of the Expiration of his Sentence, be guilty of any Offence against the Rules of the Prison, he may, on Conviction thereof by a single Visitor, be imprisoned, either with or without Hard Labour or Solitary Confinement, for a Period not exceeding Seventy-two Hours in Certain addition to his original Sentences ; and all the Provisions of any Provisions Act or Acts of Parliament for the Regulation or better ordering to apply "^ Gaols, Houses of Correction, or Prisons in England and Wales to Military shall be deemed to apply to all Military Prisons, so far as any nsons. Provision relates to such Offences ; and it shall be lawful for the Governor, Provost Marshal, Officer, or Servant of any Military Prison to use and exercise all the Powers and Authorities given by any such Act to the Gaoler, Keeper, or Turnkey of any Prison, or to his or their Assistants, to apprehend or to cause Offenders to be apprehended, in order to their being taken before a Justice or Justices of the Peace ; and all the Powers and Authorities given by such Act to any Justice or Justices of the Peace to convict Offenders in any of the above Cases, together with the Forms of Convictions contained in any such Act, shuU bo applicable to the like Offences when committed in respect of Military Prisons ; and all the Provisions contained in any such Act relating to Suits and Actions prosecuted against any Person for anytlung done in pur- suance of such Act shall be deemed to apply to all Suits and Actions prosecuted against any Person acting in pursuance of such Act in respect of Military Prisons. Penalty oh XCI, Any Governor, Provost Marshal, Gaoler, or Keeper of any Keepers of ^iwhWc Prison, Gaol, House of Correction, Lock-up House, or other Place 18° VIC TORliE, Cap. 11. 103 Mutinij. Place of Confinement, who shall refuse to receive and to confine, refusing to or to dischara-e or deliver over, any Military Offender in the Manner confine, &c. hereni-before prescribed, shall forfeit for every such Offence the Sum Ottbnders. of One hundred Pounds. XCII. Any Person who shall knowingly' detain, buy, exchange, Penalty on or receive from &nj Soldier or Deserter or any other Person, on any P"''^)''i8'ng Pretence whatsoever, or shall solicit or entice anj^ Soldier, or shall Necessaries, be employed by any Soldier, knowing him to be such, to sell ^'o''^*' *"=• any Arms, Ammunition, Clothes, or Military Furniture, or any Provisions, or any Sheets or other Articles used in Barracks pro- vided under Barrack Regulations, or Regimental Necessaries, or any Article of Forage provided for any Horses belonging to Her Majesty's Service, or who shall have in his or her Possession or Keeping any such Arms, Ammunition, Clothes, Furniture, Pro- visions, Spirits, Articles, Necessaries, or Forage as aforesaid, and shall not give a satisfactory Account how he or she came by the same, or shall change the Colour of any Clothes as aforesaid, shall forfeit for every such Offence any Sum not exceeding Twenty Pounds, together with Treble Value of all or any of the several Articles of which such Offender shall so become possessed ; and if any Person having been so convicted shall afterwards be guilty of any such Offfence, and shall be convicted thereof by One or more Justices of the Peace, every such Offender shall for every such Offence forfeit any Sum not exceeding Twenty Pounds but not less than Five Pounds, and the Treble Value of all or any of the several Articles of which such Offender shall have so become possessed, and shall in addition to such Forfeiture be committed to the Common Gaol or House of Correction, there to be imprisoned only, or to be impri- soned and kept to Hard Labour, for such Term not exceeding Six Calendar Months as the convicting Justice or Justices shall think fit ; and upon any Information against any Person for a Second or any subsequent Offence a Copy of the Conviction, certified by the proper Officer having the Care or Custody of such Conviction, or any Copy of the same proved to be a true Copy, shall be sufficient Evidence to prove a Conviction of the former Offence ; and if any credible Person shall prove on Oath before a Justice of the Peace, or Person exercising like Authoritj' according to the Laws of the Part of Her Majesty's Dominions in which the Offence shall be connnitted, 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 hercin-bcfore described, on or with respect to which any such Offence sliall have been committed, the Justice may 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 104 18° VICTORIiE, Cap. 11 Penalties upon Civil .Subjects oiftniflinn- against tlie Laws rcliit- i:ig tu Billet: and Car- riages, Mutiny. 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 : Provided alwaj's, that it shall be lawful for the Legislature of each or of any of Her Majesty's Colonies, on the Recommendation of the Officer for the Time being administering the Government of any such Colony, but not otherwise, to make Provision by Law for reducing such peciuiiary Penalty, if not exceeding Twenty Pomids, to such Amount as may to any such Legislature appear to be better adapted to the Ability and joccuuiary jMeans of Her Majesty's Subjects and others inhabiting the same, which reduced Penalty shall be sued for and recovered in such and the same Manner as the full Penalty hereby imposed : Provided also, that it shall be competent to Her JMajesty, or to the Person administering the Government of any such Colony on Pier Majesty's Behalf, to exercise, in respect of the Laws so to be passed as aforesaid, all such Powers and Authorities as are by Law vested in Her IMajesty or in any such Officer as aforesaid in respect of any other Law made or enacted by any such Colonial Legislature. XCin. If any Constable or other Person" who by virtue of this Act shall be employed in billeting any Officers or Soldiers in any Part of the United Kingdom shall presume to billet any such Officer or Soldier in any House not within the Meaning of this Act, without the Consent of the Owner or Occupier thereof ; or shall neglect or refuse to billet any Officer or Soldier on Duty, when thereunto required, in such Manner as is by this Act di- rected, provided sufficieiit Kotice be given before the Arrival of such Troops ; or shall receive, demand, or agree for any Money or Reward whatsoever, in order to excuse any Person from receiving- such Officer or Soldier ; or shall quarter any of the Wives, Children, Men or Maid Servants of any Officers or Soldiers, in any such Houses, against the Consent of the Occupiers ; or shall neglect or refuse to execute such Warrants of the Justices as shall be directed to liim for providing Carriages, Horses, or Vessels, or shall demand more than the legal Rates for the same ; or if any Person ordered by any Constable in manner hereinbefore directed to provide Carriages, Horses, or Vessels shall refuse or neglect to provide the same according to the Orders of such Constable, or shall do any Act or Thing by which the Execution of any Warrants for providing Carriages, Horses, or Vessels shall be hindered ; or if any Constable shall neglect to deliver in to the Justices at Quarter Sessions Lists of Officers and Soldiers of the Foot Guards quartered according to the Provisions of this Act, or shall cause to be delivered defective Lists of the same ; or if any Person liable by this Act to have any Officer 18° VICTORIiE, Cap.ll. 105 Mutiny. Officer or Soldier quartered upon him shall refuse to receive and to afford proper Accommodation or Diet in the House in which such Officer or Soldier is quartered, and to furnish the several Things directed to be furnished to Officers and Soldiers, or shall neglect or refuse to furnish good and sufficient Stables, together with good and sufficient Hay and Straw, for each Hoi'se, at the Rate established by this Act, and in such Quantities as shall be fixed by Her Majesty's Regulations, not exceeding Twelve Pounds of Hay and Six Pounds of Straw per Diem for each Horse ; or if any Innkeeper or Victualler not having good and sufficient Stables shall refuse to pay over to the Person or Persons who may provide Stabling such Allowance by way of Compensation as shall be directed by any Justice of the Peace, or shall pay any Sum or Sums of Money to any Soldier on the March in lieu of furnishing in Kind the Diet and Small Beer to which such Soldier is entitled ; or if any Toll Collector shall demand and receive Toll from any of Her Majesty's Officers or Soldiers, they being in proper Staff or Regimental or Military Uniform, Dress or Undress, or for their Horses, or from any Recruits marching by Route, or from any Prisoners under Military Escort, or from any Enrolled Pensioners in Uniform, when called out for Training or in aid of the Civil Power, or for any Carriages or Horses belonging to Her Majesty, or employed in Her Service under the Provisions of this Act, or in any of Her Majesty's Colonies, when conveying Persons or Baggage or returning therefrom, every such Constable, Victualler, Toll Keeper, or other Person respectively shall forfeit for every such Offence, Neglect, or Refusal any Sum not exceeding Five Pounds nor less than Fort}^ Shillings ; and if any Person shall personate or represent himself to be a Soldier, or a Recruit, with the view of fraudulently obtaining a Billet, or Money in lieu thereof, he shall for every such Offence forfeit any Sum not exceeding Five Pounds nor less than Twenty Shillings. '&■- XCIV. If any Military Officer shall take upon himself to Penaltios quarter Soldiers otherwise than is limited and allowed by this jj'j^",^ '"s Act, or shall use or offer any Menace or Compulsion to or upon oiiciuiing. any Mayors, Constables, or other Civil Officers, tending to deter and discourage any of them from performing any Part of their Duty under this Act, or tending to induce any of them to do anything contrary to their said Duty, such Officer shall for every such Offence (being thereof convicted before any Two or more Justices of the County by the Oath of Two credible Witnesses) be deemed and taken to be there- upon cashiered, and shall be utterly disabled to hold any Military Employment in Her Majesty's Service ; provided that a Certificate thereof shall be transmitted by One of the said Justices to the Judge Advocate in London, who is hereby required to certify the same to D d the 106 18-VICTORLE, Cap.ll. Mutiny. the Commander-in-Chief and Secretary-at-War, and that the said Conviction be affirmed at some Quarter Sessions of the Peace of the said County held next after the Expiration of Three Months after such Certificate of the Justice shall have been transmitted as afore- said; and if any Military Officer shall take, or knowingly suffer to be taken, any Money or Reward of any Person for excusing the quarter- ing of Officers or Soldiers, or shall billet any of the Wives, Children, Men or Maid Servants of any Officer or Soldier, in anv House, against the Consent of the Occupier, he shall, upon being convicted thereof before a General Court-martial, be cashiered ; and if any Officer shall constrain any Carriage to travel beyond the Distance specified in the Justice\s Warrant, or shall not discharge the same in due Time for their Return home on the same Day, if it be practicable, except in the Case of Emergency for which the Justice shall have given Licence, or shall compel the Driver of any Carriage to take up any Soldier or Servant (except such as arc sick) or any Woman to ride therein, except in the Cases of Emergency as aforesaid, or shall force way Constable, by threatening Words, to provide Saddle Horses for himself or Servants, or shall force Horses from their Owners, or in Ireland shall force the Owner to take any Loading until the same shall be first duly weighed, if the same can be done within reasonable Time, or shall, contrary to the Will of the Owner or his Servant, permit any Person whatsoever to put any greater Load upon any Carriage than is directed by this Act, such Officer shall forfeit for every Offence any Sum not exceeding Five Pounds nor less than Forty ShilUngs. Penalty on XCV. For the better Preservation of Game and Fish in or near kilhngGame. g^^^|^ Places where any Officers shall at any Time be quartered, be it enacted. That every Officer who shall, without Leave in Writing from the Persons entitled to grant such Leave, take, kill, or destroy any Game or Fish in the United Kingdom of Gi-eat Britain and Ire- land, and upon Complaint thereof shall be, upon the Oath of One or more credible Witnesses, convicted before any Justice, shall for every such Offence forfeit the Sum of Five Pounds. Form, of XCVI. Any Action which shall be brought against any Person Actions at ^^^ anything to be done in pursuance of this Act shall be brought within Six Months, and it shall be lawful for every such Person to plead thereunto the General Issue of Not Guilty, and to give all special Matter in Evidence to the Jury which shall try the Issue ; and if the Verdict shall be for the Defendant in any such Action, or the Plaintiff therein become nonsuited, or suffer any Discon- tinuance thereof, or if in Scotland, such Court shall see fit to assoilzie the Defendant or dismiss the Complaint, the Court in which the said Matter 18°VICTORIiE, Cap. 11. 107 Mutiny. Mattel- shall be tried shall allow unto the Defendant Treble Costs, for which the said Defendant shall have the like Remedy as in other Cases where Costs b}' the Laws of this Realm are given to Defendants ; and e^Try Action against any Person for anything to be done in pursuance of this Act, or against any Member or INIinister of a Court- martial in respect of any Sentence of such Court, or of anything done by virtue or in pursuance of such .Sentence, shall be brought in some of the Courts of Record at JVesfminxfer or in Dublin, or the Court of Session in Scotland, and in no other Court whatsoever. XCVII. All Offences for which any Penalties and Forfeitures Recovery of are by this Act imposed, not exceeding Twenty Pounds, over and "'^"'^^'^''^*- above any Forfeiture of Value or Treble Value, shall and may be determined, and such Penalties and Forfeitures and Forfeiture of Value or Treble Value recovered, in every Part of the United King- dom, by One or more Justice or Justices of the Peace, under the Provisions of an Act passed in the Eleventh and Twelfth Years of the Reign of Her Majesty Queen Victoria, intituled An Act to facili- 11&12 Vict. tate the Pei-formance of the Duties of Justices of the Peace out of^'^^' Sessions, within England and Wales, tvith respect to Sunimary Con- victions and Orders; provided always, that in all Cases in which there shall not be sufficient Goods whereon any Penalt}^ or For- feiture can be levied, the Offender may be committed and imprisoned for any Time not exceeding Six Calendar Months ; which said recited Act shall be used and applied, in Scotland and in Ireland, for the Recovery of all such Penalties and Forfeitures, as faWy to all Intents as if the said recited Act had extended to Scotland and Ireland, any- thing in the said recited Act, or in an Act passed in the Fourteenth and Fifteenth Years of the Reign of Her Majesty Queen Victoria, intituled An Act to consolidate and amend, the Acts regulating the Proceed- 14&]5Vict. ings at Petty Sessions, and the Duties of Justices of the Peace out *^" ^^' of Quarter Sessions in Ireland, 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 and Forfeiture of Value or Treble Value reco\"ered, before any Justices of the Peace, or Persons exercising like Authority, according to the Laws of the Part of Her Majesty's Do- minions in which the Offence shall be committed ; and all Penalties and Forfeitures by this Act imposed exceeding Twenty Pomids shall be recovered by Action in some of the Courts of Record at West- minster or in Dublin, or in the Court of Session in Scotland, and in no other Court in the United Kingdom, and may be recovered 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, XCVIL One 108 18" VICTORLE, Cap. 11 Appropria- tion of Penalties. 5 & 6 W. 4. c. 76. Mutiny- XCVIII. One Moiety of every Penalty, not including any Treble Value of any Articles adjudged or recovered under the Pro- visions of this Act, shall go to the Person who shall inform or sue for the same, and the Remainder of the Penalty, together with the Treble Value of any Articles, or, where the Offence shall be proved by the Person who shall inform, the whole of the Penalty, shall be paid to the General Agent for the Recruiting Service in London, to be at the Disposal of the Secretary-at-War, anything in an Act passed in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, intituled A71 Act to provide for the Regulation of Municipal Corporations in England and Wales, or in any other Act or Acts, to the contrary notwithstanding; and every Justice who shall adjudge any Penalty under this Act shall, within Four Days at the farthest, report the same to the Secretary-at-War. Mode of XCIX. Any Justice in the United Kingdom within whose recording a Jurisdiction any Soldier in the Regular Army, or on the permanent Settlement. Staff of the Militia, having a Vv'ife or Child, shall be billeted, may summon such Soldier before him in the Place where he is billeted, (which Summons he is hereby directed to obey,) and take his Examination in Writing, vtpon Oath, touching the Place of his last legal Settlement in England, and such Justice shall give an attested Copy of such Examination to the Person examined, to be by him delivered to his Commanding Officer, to be produced when required ; which said Examination and such attested Copy shall be at any Time admitted in Evidence as to such last legal Settlement before any Justice or at any General or Quarter Sessions, althougli such Soldier be dead or absent from the Kingdom ; provided that in case any Soldier shall be again summoned to make Oath as aforesaid, then, on such Examination or such attested Copy thereof l)eing produced by him or by any other Person on his Behalf, such Soldier shall not be obliged to take any other Oath with regard to his legal Settlement, but shall leave a Copy of such Examination, or a Copy of such attested Copy of Examination, if required ; provided also, that when no such Examination shall have been required, the Statement made on Oath by the Recruit on his Attestation of his Place of Birth shall be taken to be his last Place of Settlement until legally disproved. Licences of Canteens. C. When any Person shall hold any Canteen under proper Authority of the Board of Ordnance, it shall be lawful for any Two Justices within their respective Jurisdictions to grant or transfer any Beer, Wine, or Spirit Licence to such Persons, without regard to Time of Year or to the Notices or Certificates required by any Act in respect of such Licences ; and the Commissioners of Excise, IS'' VICTORLE, Cap.U. 109 Mutiny. Excise, or their proper Officers, within their respective Districts, shall also grant such Licences as aforesaid ; and such Persons so holding Canteens, and having such Licences, may sell therein Victuals and Exciscable Liquors, as empowered by such Excise Licence, without being subject to any Penalty or Forfeiture. CL All Muster Rolls and Pay Lists which are required to be Attestation verified by Declaration shall be so verified before and attested by any "' Accounts. Justice without Fee or Reward to himself or to liis Clerk. Cn. All Commissaries upon making up their Accounts, and Commis- also upon retvirning from any Foreign Service, shall make the ^'JI ','''! [P ■ Declaration described in the Schedule to this Act annexed ; which Accounts. Declaration, if made in any Part of the United Kingdom, shall be made before some Justice, and if made on Foreign Service, before the Officer commanding in chief, or the Second in Command, or the Quartermaster or Deputy Quartermaster General or any Assis- tant Quartermaster General of the Army to which he shall be attached, who shall respectively have Power to administer and receive the same. CIIL All Oaths and Declarations which arc authorized and Adminis- requircd by this Act may be administered (unless where other- o!J'^|°" ° wise provided) by any Justice of the Peace, or Magistrate acting as such ; and any Person taking a false Oath or Declaration Perjurj. in any Case wherein an Oath or Declaration is required to be taken by this Act shall be deemed guilty of wilful and corrupt Perjury, or of making a false Declaration, and being thereof duly convicted shall be liable to such Pains and Penalties as by any Laws in force any Persons convicted of wilful and corrupt Perjury are subject and liable to ; and every Commissioned Officer convicted before a General Court-martial of Perjury shall be cashiered, and every Soldier or other Person amenable to the Provisions of this Act found guilty thereof by a General or other Court-martial shall be punished at the Discretion of such Court. CIV. All Crimes and Offences which have been committed Offences against any former Act for punishing Mutiny and Desertion, and nfe'i- Muthiy for the better Payment of the Army and their Quarters, or against Acts and any of the Articles of War made and established by virtue of the ^.""Jj.^ "^^ " same, may, during the Continuance of this Act, be tried and punished in like Manner as if they had been committed against this Act ; and every Warrant for holding any Court-martial under any former Act shall remain in fidl Force, and all Proceedings of Courts- martial convened and held under any such Warrant shall be continued, E e notwith- 110 IS'' VICTORIA, Cap. 11 Mutiny. notwithstanding the Expiration of such Act : Provided always, that no Person shall be liable to be tried or pmiished for any Offence against any of the said Acts or Articles of War which shall appear to have been committed more than Three Years before the Date of the War- rant for such Trial, unless the Person accused, b}' reason of his having absented himself, or of some other manifest Impediment, shall not have been amenable to Justice within that Period, in which Case such Person shall be liable to be tried at any Time not exceeding Two Years after the Impediment shall have ceased. Duration of CV. This Act shall be and continue in force within Great this Act. Britain from the Twenty -fifth Day of Ajml One thousand eight himdred and fifty-five inclusive until the Twenty-fifth Day of April One thousand eight hundred and fifty-six ; and shall be and continue in force within Ireland, and in Jersey, Guernsey, Alderney, Sark, and Isle of Man, and the Islands thereto belonging, from the First Day of 3Iay One thousand eight hundred and fifty-five inclusive until the First Day of 3Iay One thousand eight hundred and fifty-six ; and shall be and continue in force within the Garrison of Gibraltar, the Mediterranean, and in Spain and Portugal, from the First Day of August One thousand eight hundred and fifty-iive inclusive until the First Day of August One thousand eight hundred and fifty-six ; and shall be and continue in force in all other Parts of Europe where Her Majesty's Forces may be serving, and in the West Indies and America, from the First Day of September One thousand eight hun- dred and fifty-five inclusive to the First Day of September One thou- sand eight hundred and fifty-six ; and shall be and continue in force within the Cape of Good Hope, the Isle of France or Mauritius and its Dependencies, Saint Helena, and the Settlements on the Western Coast of Africa, from the First Day of January One thousand eight hundred and fifty-six inclusive until the First Day of January One thousand eight hundred and fifty-seven ; and shall be and continue in force in all other Places from the First Day of February One thousand eight hundred and fifty-seven inclusive mitil the First Day of February One thousand eight hundred and fifty-eight : Provided always, that this Act shall, from and after the Receipt and Pro- mulgation thereof in General Orders in any Part of Her Majesty's Dominions or elsewhere beyond the Seas, become and be in full Force, anything herein stated to the contrary notwithstanding. SCHE- 18° VlCTOlUiE, Cap.U. Ill Mutiny. SCHEDULES referred to by the foregoing Act. Form of Oaths to be taken by Members of Courts-martial. YOU shall well and truly try and determine according to the Evidence in the Matter now before you. So help you GOD. T do swear, That I will duly administer Justice according to the Rules and Articles for the better Govern- ment of Her Majesty's Forces, and according to an Act now in force for the Punishment of Mutiny and Desertion, and other Crimes therein mentioned, without Partiality, Favour, or Affection, and if an}' Doubt shall arise which is not explained by the said Articles or Act, according to my Conscience, the best of my Understanding, and the Custom of War in the like Cases : And I further swear, That I will not divulge the Sentence of the Court until it shall be duly approved; neither will I, upon any account, at any Time what- soever, disclose 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 Com't of Justice or a Court-martial in due Course of Law. So help me GOD. Form of Oath of a Judge Advocate. I do swear, That I will not, upon any account whatsoever, disclose or discover the Vote or Opinion of any par- ticular Member of the Court-martial, unless required to give Evidence thereof as a Witness by a Court of Justice or a Court-martial in a due Course of Law ; and that I vrill not, unless it be necessary for the due Discharge of my official Duties, disclose the Sentence of the Court until it shall be duly approved. So help me GOD. Notice to be given to a Recruit, or left at his Place of Abode, or at the Place at which he stated that it was his Intention to sleep, agreeably to the Provisions of the Mutiny Act, within Forty- eight, but not sooner than Twenty-four, Hours after his Enhst- ment, the Hours of Sunday not being counted. Date 1 85 . you enlisted with at o'clock* on the Day of for the Regiment and if you do not come forward ou or before o'Clock* on the * A.M. or P.M., as the Case may be. for 112 IS'' VICTORI.E, Cap. 11. Mutiny. for the Purpose of being taken before a Magistrate, either to be attested or to release yourself from j^our Engagement by repaying the Enlisting Shilling and any Pay you have received as a Recruit, and by paying Twenty Shillings as Smart Money, you will be legally adjudged to be a Soldier without Attestation, and will be proceeded against as a Deserter. Signature of the Officer or' Non-commissioned Officer coinmanding the Party. Name of the Recruit Residing at Questions to be put separately by the Justice to a Recruit ON enlisting. 1. What is your Name ? 2. In what Parish, and in or near what Town, and in what County, were you born ? 3. What is your Age ? 4. What is your Trade or Calling ? 5. Are you an Apprentice ? 6 Are you married ? 7- Arc you ruptured or lame ; have you ever been subject to Fits ; or have you any Disability or Disorder which impedes the free Use of 3'our Limbs, or unfits you for ordinarj^ Labour ? 8. Are you willing to be attested to serve in the Regiment of ■ for the Term of [this Blank to be filled up by the Justices with Ten Years for Infantry, and Twelve for Cavalry or Artillery or other Ordnance Corps, if the Person enlisted is of the Age of Eighteen Years or upwards ; but if under that Age, then the Difference between his Age and Eigldeen is to he added to such Ten or Tioelve Years (as the Case may be)], provided Her Majesty should so long require your Services, and also for such further Term, not exceeding Two Years, as shall be directed by the Commanding Officer on any Foreign Station ? 9. At what Place, on what Day, at what Hour of the Day, and by whom were you enlisted ? 10. For what Bounty did you enlist ? 11. Have you any Objection to make to the Manner of your Enhst- ment? 12. Do you now belong to the Militia, or to the Naval Coast Volunteers ? 13. Do 18" VICTORIiE, Cap.U. 113 Mutiny. 13. Do you belong to any other Regiment, or to the Marines, Ord- nance, or Navy, or to the Forces of the East India Company ? 11. Have you ever served in the Army, Marines, Ordnance, or Navy, or in the Forces of the East India Company ? 15. Have vou ever been rejected as unfit for Her Majesty's Service, or for the Service of the East India (_!ompany, upon any prior Enhstment? Note The Justice is directed in putting tlie Twelftli Question to the Recruit, and before he receives his Answer, distinctly to apprize the Kecruit that if lie belongs to the Militia, and denies the Fact, he is liable to forfeit One Penny a Day of his Pay for Eighteen Months if attested, and to Fourteen Days Imprison- ment if he is not attested, and if he belong to the Naval Coast Volunteers he is liable under the Act 16 and 17 Victoria, c. 73. to Imprisonment for Six Months, and his Enlistment will be null and void. Enlisting for Service in Her Majesty s^ Colonies, Question 8. is to be put by the Justice as follows: 8. Are you wilhng to be attested to serve in Her Majesty's Colony of for the Term of [tJiis Blank to bcjilled up hy the Justices ivitk Ten Years for Infantry, and Ticelve for Cavalry or Artillery or other Ordnance Corps, if the Person enlisted is of the Age of Eighteen Years or upicards ; but if under that Age, then the Difference between his Age and Eighteen is to be added to such Ten or Twelve Years (as the Case may be)^, provided Her Majesty should so long require your Services, and also for such further Term, not exceeding I'wo Years, as shall be directed by the Conunanding Officer on any Foreign Station ? Enlisting fur either Her Majesty's or the East India Company s Service. Question 8. is to be put by (he Justice as fullow^: 8. Are you willing to be attested to serve in Her Majesty's Army or in the Forces of the E^st India Company, according as Her Majesty shall think fit to order, for the Term of [/Ids Blank to be filed up by tlie Justices with Ten Years for Infantry, and Twelve for Cavalry or Artillery or other Ordnance Corps, if the Person enlisted is of the Age of Eighteen Years or upwards ; but if under that Age, then tlie Difference between his Age and Eighteen is to be added to such Ten or Twelve Years (as the Case may be)1, provided yoiu* Services should so long be required, and also for such furtlier Term, not ex- ceeding Two Years, as shall be directed by the Commanding Officer on any Foreign Station ? F f Enlisting 114 18*VlCTORl7^- Cap.ll. _ Mutiny. Enlisting for the East India Compani/s Service. Question 8. it. to bo put l^y the Justice as follows : Are you willing to be attested to serve the. East India Com- pany* for the Term of {^tliis Bhi)ik to he filled up hi the Justices loith Ten Years for litffuitrij, and. Twelve for Cavalrii or Artillery or other Ordnance Corps, if the Person enlisted is of the Age of Eighteen Years or upicards ; hut if under that Age, then the Difference hetween his Age and Eighteen is to be added to sicch Te/t or Tiretve Years (as the Case may heY\, provided the said Company should so long- require your Services, and also for such further Term, not exceeding Two Years, as shall be directed hy the Commanding Officer on any Foreign Station ? Oath to be taken by a Recruit on Attestation. do make Oath, That the above Questions have been separately put to me ; that the Answers thereto Iiave been read over to me ; and that they are the same that I gave, and are true. I do also make Oath, That I will be faithful and bear true Allegiance to Her Majesty, Her Heirs and Successors, and that I will, as in Dut}'- bound, honestly and faithfuU}" defend Her Majesty, Her Heirs and Successors, in Person, Crown, and Dignity, against all Enemies, and will observe and obey all Orders of Her Majesty,- Her Heirs and Successors, and of the Generals and Officers set over me. So lielp me GOD. Witness my Hand, Signature of Recruit. Witness present. Sworn before me at this "] Day of One thousand eight | hundred and [ at o'clock. • J Signature of Justice If enlisting for either Her Majesty's or the East India Company's Service, the following Addition is to he made fo the foregoing Oath : And that if Her Majesty, Her Heirs or Successors, shall please to appoint me to serve in the Forces of the East India Company, then I swear that I will also be true to the said Company, and will duly observe and obey all their Orders, and the Orders of their Generals and Officers who shall be lawfully set over me. * The Blank to be filled up with the Words Infantry or Artillery, as the Case may be. If 18" VICTORIiE, Cap. 11. 1J5 Mutiny. If enlistins: for the East India Compamfs Service, the following is to he added to the Oath : And that I also will be tiac to the said Company, and will duly observe and obey all tlieir Orders, and the Orders of their Generals and Officers who shall be lawfully set over me. Certificate to be given by the Justice. \ I One of Her Majesty'8 to vrit. ' Justices of the Peace of do hereby certify, That in my Presence all the foregoing Questions were put to ; that the Answers written opposite to them are those which he gave to me ; and that the Fortieth and Forty- sixth Articles of the Articles of War were read over to him ; that he took the Oath of Allegiance and Fidelity ; that he received the Sum of on being attested this Day ; that he was not attested until Twenty-four Hours had elapsed after he received Enlisting Money ; that the Place where he swears that he enlisted is in the Vicinity of my Residence, or Avithin the Division or District or Place for which I act ; that I am not an Officer of the Army ; and that I have given him a Duplicate of this Certificate, signed with my Name. Signature uf Justice. Declaration to be made by a Soldier renewing his Service. T Number do declare, That I am at present (or was, as the Case may he,) in Captain Company in the Regiment ; that I enlisted on the Day of for a Term of Years ; that I am of the Age of Years ; and that I will serve Her Majesty, Her Heirs and Successors, \or in the Forces of the East India Corapaii}^, as the Case may ie,] for a furthei- Term of Years \to he filled up with Eleven Years in the. Infantry, and Ticelve in the Cavalry or Artillery or other Ordnance Corps, and, in the Case of a Soklier about to emhark for Foreign Service, loith such Ni^nher of Years as shall he required to complete a total Service of Twenty-one Years in the Infantry or Twenty four in the Cavalry or Artillery or other Ordnance Co?-ps,'] provided mj' Services should so long be required, and also for such fm'ther Term, not exceeding Two Years, as shall be directed by the Commanding Officer on an}- Foreign Station. Declared before me Signature of Soldier. Signature of Witness. Form 116 18° VICTORIA, Cap.ll Mutiny. Form of Oath to be taken by a Master whose Apprentick has absconded. T of do make Oath, That I am by Trade a and that was bound to serve as an Apprentice to me in the said Trade, by Indentm-e dated the Day of for the Term of Years ; and that the said did on or about the Day of abscond and quit my Service without my Consent ; and that to the best of my Knowledge and Behef the said is aged about Years. AVitness mj^ Hand at the Day of One thousand eight hundred and Sworn before me at this Day of One thousand eight ghtj hundred and J Form of Justice's Certificate to be given to the Master of an Apprentice. 1 1 One of Her Majesty's Justices of the Peace to wit. J of certify, That of came before me at the Day of One thousand eight hundred and , and made Oath that he was by Trade a , and that was bound to serve as an Apprentice to him in the said Trade, b}' Indenture dated the Day of for the Term of Years ; and that the said Apprentice did on or about the Day of abscond and quit the Service of the said without his Consent, and that to the best of his Knowledge and Belief the said Apprentice is aged about Years. Form of Oath to be taken by a Master whose indentured Labourer in any of Her Majesty's Colonies or Possessions has absconded. T of do make Oath, That was bound to me to serve as an indentured Labourer by Indenture dated the Day of for the Term of Years, and that the said did on or about the Day of abscond and quit my Service without my Consent. Witness, ^-c. [as for Apprentice.^ Form 18^ VICTORIA':, Cap.ll. 117 Mutiny. Form of Justice's Certificate to be given to the Master of an indentured Labourer. "1 T One of Her Majesty's Justices of the Peace to wit J of certify, That of came before me at the Day of and made Oath that was bound to serve as an indent urcd Labourer to him by Indenture dated the Day of for the Term of Years, and that the said indentured Labourer did on or about the Day of abscond and quit the Service of the said without his Consent. Form of Declaration of Attestation of a Commissary's Accounts. 1 do solemnly and sincerely declare, That I have not applied any Monies or Stores or Supplies under my Care or Distribution to my own Use, or to the private Use of any other Person by way of Loan to such Person or otherwise, or in an^- Manner applied them, or knowingly permitted them to be applied j to any other than Public Purposes, according to the Duty of my Office ; and I make this solenm Declaration conscientiously believing the same to be true, and by virtue of the Provisions of an Act passed in the Fifth and Sixth Years of the Reign of His Majesty King William the Fourth, Chapter 62, for the Abolition of unnecessary Oaths, and for substituting Declarations in lieu thereof. Declared before me, by the within-named \ this Day of J Justice oftlie Peace of or, Commmider in Chief, or Second in Command, et ccetera, the Army serving in et cetera [as the Case may be'\. Gg No. 118 IS'' VICTORLE, Cap. 11. Mutiny. No. Description Rkturn of (ommitted to Confinement at on the Day of as a Deserter lioni the Ilejriment of Age - - - - - Height . . - - Feet. Indies. Complexion Hail- Eyes Marks _ _ - - Probable Date of Enlistment, and where Probable Date of Desertion, and fiom what Place . - - - Name and Occini;ition and Address of the Person by whom apprehended Particulars in the Evidence on which the Prisoner is committed, and showing whether he surrendered or was apprehended, and in what Manner, and upon what Grounds * It is iinpotliim for tlic Public .Scr\ice, and for tlic Interest of tjjc Deserter, that this Part of the Uetuin should be accuralcly lillcd u)), and the Details shi)ulll^ D 000 324 483 7