unlefs where it is expressly provided that they

are liable.

Tolls on Barges conveying Soldiers, &c.

Officers and

Soldiers fhall be quartered in Ireland, as the Laws in force at the Time of the Union direct.

Claufe for Relief

of Perfons haftily enlifting themLelves.

Such Perions

not paying the Money within the limited

Time thall be deemed to be enluted; in

made, or hereafter to be made, for Perfons, Horfes, or Carriages, paffing Turnpike Roads or Bridges; unlefs by fuch A&t it has been or fhall be exprefsly provided that the faid Officers, Soldiers, Carriages, and Horfes, are and fhall be liable equally with others to

the Duties and Tolls therein authorized to be demanded and taken : Provided always, that nothing herein contained fhall exempt from the Payment of Toll any Boats, Barges, or other Veffels employed in conveying the Officers, Soldiers, Servants, Women, Children, or other Perfons of or belonging to His Majesty's Forces, or the Arms, Clothes, Accoutrements, T-nts, Baggage, and other Equipage, of or belonging to His Majefty's Forces, crany Military Stores along any Canal, but the fame fhall be liable to Toll in like Manner as other Boats, Barges, and Veffels are liable thereto.

66

$63 to 67, are the fame as § 62 to 66 of 48 G. 3. c. 15.

LXVIII. And be it further enacted by the Authority aforefaid, That it fhail and may be lawful to quarter Officera and Soldiers in Ireland, in fuch and the like Places and Houfes as they might have been quartered in by the Laws in force in Ireland at the Time of its Union with Great Britain; and that the Poffeffors of fuch Houfes fhall only be liable to furnish the faid Officers and Soldiers quartered there, as by the faid Laws in force at the Time of the faid Union was provided; and that if any Perion in Ireland, liable to have Officers and Soldiers quartered and billetted on him, fhall refufe to receive or victual any fuch Officer or Soldier fo quartered or billetted upon him or her as aforefaid, or fhall refufe to furnish any fuch Officer or Soldier, fo quartered or billetted, in fuch Manner as by the faid Laws in force in Ireland at the Time of the faid Union was provided, every fuch Perfon, fo refufing, fhall be fubject and liable to all foch Penalties as any Perfon fo refufing was liable to under or by virtue of any Laws in force in Ireland at the Time of the faid Union.

"$ 69 to 72, are the fame as § 68 to 71 of 48 G. 3. c. 15.

LXXIII. Provided nevertheless, and it is hereby enacted and declared by the Authority aforefaid, That, from and after the faid Twenty-fourth Day of March One thoufand eight hundred and nine, when and as often as any Perfon or Perfous fhall be enlifted as a Soldier or Soldiers in His Majefty's Land Service, he or they fhall, within Four Days, but not foouer than Twenty-four Hours, after fuch enlisting refpectively, be carried or go with fome Officer, Non-commiffioned Officer or Private Soldier belonging to the Recruiting Party by which he fhall be enlifted, or with the Parfon employed on the Recruiting Service with whom he fhall have enlifted, before fome Juftice of the Peace of any County, Riding, City, or Place, or Chief Magiftrate of any City or Town Corporate, refiding or being next to, or in the Vicinity of the Place where fuch Perfon or Perfons fhall have heen enlifted, and not being an Officer in the Army, and before fuch Justice or Chief Magiftrate he or they fhali be at Liberty to declare his or their Diffent to fuch enlifting; and upon fuch Declaration, and returning the enlifting Money, and alfo each Perfon fo diffenting paying the Sum of Twenty Shillings for the Charges expended or laid out upon him, fuch Perfon or Perfons fo enlifting fhall be forthwith dif charged and fet at Liberty, in the Prefence of fuch Juftice or Chief Magitrate; but if fuch Perfon or Perfons fhall retufe or neglect,

which Cafe, or

if they enlift, the Juftices fball read

over to them

certain Sections of the Articles of War, and

adminifter certain Oaths.

within the Space of Twenty-four Hours, to return and pay fuch Money as aforefaid, he or they fhall be deemed and taken to be enlifted, as if he or they had given his or their Affent thereto before the faid Juttice or Chief Magistrate; and if fuch Perfon or Perfons fhall declare his or their having voluntarily enliited himself or themselves, then fuch Juftice or Chief Magiftrate fhall, and he is hereby required forthwith to read over, or in his own Prefence to cause to be read over, to fuch Perfon or Perfons the Third and Fourth Articles of the Second Section, and the First Article of the Sixth Section of the Articles of War against Mutiny and Desertion, and to tender and administer to fuch Perfon or Perfons refpectively, not on y the Oath of Fidelity men. tioned in the faid Articles of War, but also the Oath mentioned in the Schedule to this A&t annexed, marked (A.), or if the Perfon fhall be defirous of enlifting without any Limitation of Period of Service, the Oath in the Schedule to this Act annexed, marked (B.); and if fuch Perfon or Perfons fhall take the faid Oaths, then fuch Juftice or Chief Magiftrate fhall, and he is hereby required forthwith to certify under his Hand the enlifting and fwearing, together with the Place of the Birth, Age, and Calling, if known, of fuch Perfon or Persons, in the Form mentioned in the Schedule to this A&t annexed, marked (C.), if the Oath in the Form marked (A.) shall have been taken, and in the Form marked (D.) if the Oath in the Form marked (B.) fhall have been taken, except in the Cafe of Recruits enlifted to ferve either in His Majetty's Troops, or in the Forces of the East India Company, according as His Majefty fhall think fit, in pursuance of an Act paffed Recruits enlifted in the Thirty-ninth Year of the Reign of His Majefty, intituled, An under 39 G. 3. Alt for better recruiting the Forces of the Eaft India Company, in which c. 109. for the Cafe every fuch Recruit fhall, instead of the faid Oath of Fidelity, pany's Service, and of the Oath contained in the Schedule (A.) or (B.) to this Act &c. fhall take annexed, take the Oath of Allegiance directed by the faid Act of the the Oath of Thirty-ninth of His Majefty, and contained in the Schedule to this Allegiance. A& annexed, marked (E.); and the Justice or Chief Magiftrate fhall certify fuch Enliftment and Swearing accordingly in the Form mentioned in the Schedule to this A& annexed, marked (F.); and if any fuch Perfon or Perfons, so to be certified, shall wilfully refuse to take the faid Oath of Fidelity before the faid Juftice or Chief Magiftrate, it fhall and may be lawful for fuch Officer, from whom he has received fuch Money as aforefaid, to detain and confine fuch Perfon or Perfons until he or they fhall take the faid Oath of Fidelity; and every Military Officer that fhall a&t contrary hereto, or offend herein, fhall incur the like Penalty and Forfeiture as is by this A&t to be inflicted upon any Officer for making a falfe and untrue Mufter; and the Penalty and Forfeiture fhall be levied and recovered in the fame Manner as any Penalties or Forfeitures are by this A&t to be levied or recovered.

LXXIV. And be it further enacted, by the Authority aforefaid, That if any Perfon or Perfons fhall receive the enlifting Money from any fuch Officer, Non-commiffioned Officer, Private Soldier, or other -Perfon employed on the Recruiting Service, (knowing it to be fuch,) and thall abfcond, or refufe to go before fuch Juttice or Chief Magiftrate, or if any Perfon having received any fuch enlifting Money as aforefaid fhall thereafter abfent himself from the Recruiting Party with which he enlifted, or Person with whom he enlisted, and shall not voluntarily return to fuch Recruiting Party or Perfon enlifting him, to 49 Geo. III. D

go

East India Com

Perfons receiving enlifting Money and abfconding, &c. deemed duly enlifted.

go before fome Juftice of the Peace or Magiftrate, under the Provifions of this Act, within fuch Period of Four Days aforefaid, fuch Perfon fhall be deemed to be enlifted, and a Soldier in His Majesty's Service as fully to all Intents and Purposes as if he had been duly attested, and may be apprehended and punished as a Deferter, or for being abfent without Leave under any Articles of War made for Punishment of Mutiny and Desertion; and it shall not be necessary for any Recruiting Party or Perfon employed in enlifting to give any Notice to any fuch Perfon, or to go after any fuch Perfon for the Purpofe of carrying fuch Perfon before any Juftice or Magiftrate as aforefaid; nor fhall any fuch Perfon who fhall not have remained with, or who shall not have returned to fuch Recruiting Party or Perfon enlifting him as aforefaid, be entitled to be discharged or be discharged by any Juftice of the Peace or Magiftrate after the Expiration of such Four Days as aforefaid.

LXXV. And be it further enacted, That any Perfon who fhall enlift into His Majefty's Forces, and who fhall be discovered to be incapable of active Service, by reafon of any Infirmity which shall have been concealed by fuch Perfon, or not declared before the Justice of the Peace at the Time of his Atteftation, and mentioned at the Foot thereof, may be transferred into any Garrifon or Veteran or Invalid Battalion, or into His Majefty's Marine Forces, notwithstanding he fhall have enlifted for any particular Regiment; any Thing in any Act or Acts of Parliament, or any Rules and Regulations relating to Soldiers, to the contrary notwithstanding.

LXXVI. And be it further enacted, That any Person who fhall knowingly, wilfully, and defignedly make any falfe Representation of any Particular contained in the Oaths refpectively marked (A.) and (B.) and Certificates marked (C.) and (D) in the Schedule to this A& refpectively contained and annexed, before the Justice of the Peace or Magiftrate at the Time of his Atteftation, for the Purpose of obtaining, and fhall obtain any enlifting Money or any Bounty for entering into His Majefty's Service, or any other Money, fhall be deemed guilty of obtaining Money under falfe Pretence, within the true Intent and Meaning of an A&t paffed in the Thirtieth Year of the Reign of His late Majefty King George the Second, intituled, An AB for the more effectual Punishment of Perfons who fball attain or attempt to attain Poffeffion of Goods or Money by falfe or untrue Pretonces, for preventing the unlawful pawning of Goods, for the eafy Redemption of "Goods pawned, and for preventing Gaming in Publick Houses by Fourneymen, Labourers, Servants, and Apprentices; and the Production of fuch Certificate, and Proof of the Hand-writing of the Justice of the Peace giving fuch Certificate, fhail be fufficient Evidence of fuch Party having represented the several Particulars contained in the Oath fworn by him, and specified in the Certificate of the Juftice at the Time of his enlifting.

LXXVII. And be it further enacted, That any Person who shall voluntarily furrender or deliver himself up as a Deferter, from any Regiment or Corps of His Majefty's Forces, fhall be deemed to have been duly eniifted and to be a Soldier, and fhall be liable to ferve in any fuch Regiment or Battalion or Corps of His Majefty's Forces, as His Majefty fhall think fit to appoint, whether fuch Person fhall have been ever actually enlifted as a Soldier or not.

LXXVIII.

LXXVIII. And be it further enacted, That if any Perfon duly Penalty on Apbound as an Apprentice, fhall enlift as a Soldier in His Majefty's prentices entit Land Service, and fhall ftate to the Juftice of the Peace, or Magiftrate themselves. ing before whom he fhall be carried, that he is not an Apprentice, every fuch Perfon fo offending, and being thereof duly convicted, fhall be and is hereby declared to be fubject and liable to be imprisoned in any Gaol or Houfe of Correction, and kept to hard Labour for Two Years, may be indicted and punished for obtaining Money under falfe Pretences under the Provifions of the faid recited A&t of the Thirtieth Year of the Reign of Hia late Majefty King George the Second, and fhall, after the Expiration of his Apprenticeship, be liable to ferve as a Soldier in any Regiment of His Majefty's Regular Forces; and if, on the Expiration of his Apprenticeship, he shall not deliver himself to fome Officer authorized to receive Recruits, may be taken as a Deferter from His Majefty's Forces.

Apprentices,

unless bound for a certain

tioned.

Scotland fhall proceed to

recover Appren tices,

LXXIX. And be it further enacted, That no Mafter in England Masters not fhall be entitled to claim any Apprentice who fhall after the paffing of entitled to claim this Act, enlift as a Soldier in His Majefty's Land Service, unk fs fuch Apprentice fhall have been bound to him in England for the full Term of Seven Years, and if in Ireland for the full Term of Five Years Period, and the at the leaft, and unless fuch Mafter fhall within One Calendar Month Mafters fhall after fuch Apprentice shall have abfconded or left his Service, go before take the Oath fome Juftice of the Peace or Magiftrate, and before such Juftice of the herein menPeace or Magiftrate take the Oath mentioned in the Schedule to this A&t annexed, marked (G.,) and produce the Certificate of fuch Juftice of the Peace or Magiftrate of his having taken fuch Oath, which Certificate fuch Jultice of the Peace or Magiftrate is hereby required to give in the Form in the Schedule to this Act annexed, marked (H.) LXXX. And be it further enacted, That no Mafter in Scotland How Masters in fhall be entitled to claim any Apprentice who fhall after the paffing of this Act, enlift as a Soldier in His Majefty's Land Service, unless fuch Apprentice fhall have been bound to him for the full Term of at leaft Four Years by a regular Contract or Indenture of Apprenticeship, duly extended, figned and tefted, and binding on both Parties. by the Law of Scotland, prior to the Period of Enliftment, and unless fuch Contract or Indenture, fo duly executed, fhail, within Tire Months after the Commencement of the Apprenticeship, and before the Period of Enliftment, have been produced to a Juttice of the Peace of the County wherein the Parties relide, and there fhall have been indorfed thereon by fuch Juftice a Certificate or Declaration figned by him, fpecifying the Date when, and the Perfon by whom fuch Contract or Indenture fhall have been fo produced, which Certificate or Declaration fuch Juftice of the Peace is hereby required to indorfe and fign; and unless fuch Apprentice fhall, when claimed by fuch Mafter be under Twenty-one Years of Age, and unless such Malter fhall, within One Calendar Month after fuch Apprentice fhail have abfconded or left his Service go before fome Juftice of the Peace, and before fuch Juftice of the Peace take the Oath mentioned in the Schedule to this A&t annexed, marked (G.), and produce the Certificate of fuch Juftice of the Peace of his having taken fuch Oath, which Certificate fuch Juftice of the Peace is hereby required to give in the Form in the Schedule to this A&t annexed, marked (H.)

LXXXI. Provided always, and be it further enacted, That no Mafters in Malter in Scotland fhall be precluded from claiming any Apprentice Scotland fhall who not be precluded

D 2

from claiming Apprentices

enlifting, if Indentures be produced to a Juftice within

who fhall hereafter enlift, by reason of the Contract or Indenture not having been produced to a Juftice of the Peace in the Manner directed by the Act of the laft Seffion of Parliament, intituled, An Act for punishing Mutiny and Defertion, and for the better Payment of the Army and their Quarters, within the Time therein limited, provided the fame fhall be produced to any Juftice of the Peace of the County wherein the paffing this Act. Parties refide, and be indorfed as therein directed, at any Time within Three Months after the paffing of this Act.

3 Months after

Mafters of Apprentices enlifting con

fenting, entitled

to receive a

certain Part of The Bounty Money.

Apprentices claimed by their

Mafters fhall be carried before a Juftice and committed

Juftices fhall examine upon Outh, and keep the Indenture to be produced.

Offenders fhall

be tried at the

next or fucceed ing Quarter Sections.

LXXXII. And be it further enacted, That any Matter of any Apprentice who fhall have enlifted as a Soldier in His Majefty's Land Forces, fhall upon his confenting to give up the Indentures of Apprentice fhip within One Month after the enlisting of fuch Apprentice as a Soldier, be entitled to receive to his own Ufe fo much of the Bounty pavable to fuch Recruit, after deducting therefrom Two Guineas, which fhall be referved in order to provide the faid Recruit with Neceffaries, as fhall not have been paid to fuch Recruit before Notice given of his being an Apprentice.

LXXXIII. And be it further enacted, That every Apprentice who fhall be claimed by his Mafter, fhall be be taken before a Juftice of the Peace or Magistrate of the County, Stewartry, Riding, Divifion, City, Liberty, or Place, where fuch Apprentice fhall happen to be when fo claimed, and it fhall be lawful for fuch Juftice of the Peace or Ma giltrate, and fuch Juftice of the Peace or Magiftrate is hereby required, on Proof on Oath of fuch Perfon being an Apprentice, and having enlifted and declared that he was no Apprentice, and on Production and Proof of the Indenture of Apprenticeship, to commit fuch Perfon fo offending as aforefaid to the Common Gaol of the County, Stewartry, Riding, Divifion, City, Liberty, or Place where fuch Perfon fhall be at the Time when he fhall be fo claimed by his faid Mafter, there to remain, until he fhall be difcharged by due Courfe of Law.

LXXXIV. And be it further enacted, That it shall be lawful for the Justice of the Peace or Magiftrate, except in Scotland, as hereinafter mentioned, before whom fuch Perfon fo offending fhall be fo taken as aforefaid, to examine into the Matters alleged against such Perfon upon Oath, and which Oath the faid Magiftrate is hereby empowered to adminifter; and alfo to keep in his Cuftody the Indenture of Apprenticeship, to be produced as Occafion fhall require, and to bind over the Mafter claiming fuch Perfon, and any other Pe:fons he may think proper, to give Evidence at the General or Quarter Seffions of the Peace, or Seffion of Oyer and Terminer, at which the Trial of fuch Perfon is herein-after directed to be had against fuch Perfon fo offending, and the Production of fuch Indenture of Apprenticeship, with the Certificate of the Juftices of the Peace or Magiftrate that the fame was proved before him, fhall be fufficient Evidence of fuch Indenture of Apprenticeship.

LXXXV. And be it further enacted, That every fuch Offender, except in Scotland, as herein-after mentioned, may and fhall be tried at the General or Quarter Seffions of the Peace, or Seffions of Oyer and Terminer for the County, Riding, Divifion, City, Liberty, or Place, wherein the Offence charged fhail have been committed, next after fuch Offender's being brought before fuch Juftice of the Peace or Magiftrate as aforefaid, or the Seffions immediately fucceeding fuch next Seffions, unlefs the Court fhall think fit to put off the Trial on juft Caufe.