86 86 to 90, are the fame as § 81 to 85 of 48 G. 3. c. 15. XCI. And Whereas feveral Soldiers, being duly lifted, do after- Juftices may wards defert, and are often found wandering, or otherwife abfenting commit themselves illegally from His Majesty's Service,' it is hereby further Detenters. enacted, That it fhall and may be lawful for the Conftable, Headbrough, or Tithing man, of the Town or Place where any Perfon, who may be reasonably fufpected to be fuch a Deferter, fhall be found, or for any Officer or Soldier in His Majetty's Service, to apprehend or caufe fuch fufpected Perfon to be apprehended. and to bring or cause him to be brought before any Juftice of the Peace, living in or near fuch Town or Place, who hath hereby Power to examine fuch fufpected Perfon; and if by his Confeffion, or the Teftimony of One or more Witness or Witneffes upon Oath, or by the Knowledge of fuch Juftice of the Peace, it fhall appear or be found that fuch suspected Perfon is a lifted Soldier, and ought to be with the Troop or Company to which he belongs, fuch Juttice of the Peace fhall forthwith caule him to be conveyed to the Gaol of the County or Place where he fhall be found; or the House of Correction, or other Publick Prifon, in fuch Town or Place where fuch Deferter fhall be apprehended; or to the Savoy, in cafe fuch Deferter shall be apprehended within the City of London or Westminster, or Places adjacent; or to the Provost Marshal in cafe fuch Deserter fhall be apprehended within the City or Liberties of Dublin, or Places adjacent and tranfmit an Account thereof to the Secretary at War for the Time being in London, or if the Deferter be apprehended in Ireland, to the Chief Secretary to the Chief Governor or Governors thereof, to the end that fuch Perfon may be removed by an Order from the Office of the faid Secretary at War, or Chief Governor or Governors, and proceeded againft according to Law: And the Keeper of every Gaol, House of Correction, or Prifon, in which fuch Deferter fhall at any Time be confined, shall receive fuch Subfiftence for the Maintenance of fuch Deferter during the Time that he fhall continue in his Cuftody, as by His Majefty's Regulations is or fhall from Time to Time be directed in that Behalf, and fhall be entitled to One Shilling for every Twenty-four Hours Imprifonment of fuch Deferter; and the Keeper of every Gaol, Houfe of Correction, or other Publick Prison of the City, Town, or Place at or in which the Party or Perfon conveying fuch Deserter fhall halt on the March, fhall, and he is hereby required to receive and confine every Deferter who fhall be delivered into his Charge and Cuftody by any Non-commif. froned Officer or Soldier who fhall be conveying fuch Deferter under any lawful Order, Warrant, or Authority, while on the Road from the Place where he was apprehended, to the Place to which he is to be conveyed, without any other Warrant or Authority for fo doing than the Production of the Warrant of the Juftice of the Peace, on which fuch Deferter fhall have been taken, or fome Order from the Office of the Secretary at War, or of the Chief Governor or Governors of Ireland, and fhall be entitled to One Shilling on account of the Imprisonment of the faid Deferter; any Law, Ufage, or Cuftom to the contrary notwithstanding. "$92 to 95. are the fame as § 87 to 90 of 48 G. 3. c. 15. . XCVI. Provided always, and be it further enacted, that in all Cafes in which any Extenfion of Furlough fhall be granted as aforefaid, and upon the Request of any fuch Non-commiffioned Officer or Soldier to D 3 whom Juftices of powered on Request to order Parish Officers to advance Pay to Soldiers, Commiffaries upon making up their Accounts, or returning from Foreign Service, fhall take Oath. Officers, Storekeepers, Commiffaries, &c, embezzling, &e. Military Stores, &c. may be tried by a Courtmartial. whom the fame fhall be granted, it shall be lawful to the Juftice of the C. And be it further enacted, That all Commiffaries, upon making up their Accounts, and alfo upon returning from any Foreign Service, fhail take the Oath defcribed in the Schedule to this Act annexed, marked (I.) which Oath, if taken in any Part of the United Kingdom, fhall be taken before fome Juftice of the Peace or Magiftrate, and if taken on Foreign Service, before the Commander in Chief, or the Second in Command, or the Quarter Matter or Deputy Quarter Mafter General, or any Affittant Quarter Mafter General of the Army to which he fhall be attached, who fhall refpectively have Power to adminifter the fame. CI. And be it further enacted by the Authority aforefaid, That every Commiffion Officer, Storekeepeer, or Commiffary, or Deputy or Affiftant Commiffary, or other Perfon employed in the Commiffariat Department, or in any Manner in the Care or Diftribution of any Money, Provifions, Forage or Stores, belonging to His Majefty's Forces, or for their Ufe, that fhall embezzle or fraudulently mifapply, or caufe to be embezzled or fraudulently misapplied, or fhail knowingly or wilfully permit or fuffer any Money, Provifions, Forage, Arms, Cloathing, Ammunition, or other Military Stores to be embezzled or fraudulently mifapplied, or to be fpoiled or damaged, may be tried for the fame by and before a General Court-martial, and it shall be lawful for fuch Court-Martial to adjudge any fuch Perfon while in Service Penalty on fuch out of the United Kingdom to be tranfported as a Felon for Life, or for any certain Term of Years, or to fuffer fuch Punishment of Pillory, Fine, Imprifonment, Difmiffal from His Majefty's Service, and being capable of ferving His Majefty in any Office Civil or Military, as any fuch Court fhall think fit according to the Nature and Degree of the Offence, or that fuch Perfon fhall forfeit Two hundred Pounds, and that fuch Perfon fhall in addition to any other Punishment, make good, at his own Expence, the Lofs and Damage thereby sustained, Offenders. to Offender shall be committed. to be ascertained by fuch Court-martial; which shall have Power to feize the Goods and Chattels of the Perfons fo offending, and fell them for the Payment of the faid Two hundred Pounds, and fuch Damage: For want of And if fufficient Goods and Chattels cannot be found and feiz-d, then Diftrefs the the Perfon fo offending fhall be committed to Prifon, or the Common Gaol, there to remain (in addition to any other Punishment or Imprifonment) for Six Months without Bail or Mainprize, and until he fhall pay fuch Deficiency; and after the faid Sum fhall be recovered and levied, the fame fhail be applied and difpofed of as His Majefty Application of fhall direct and appoint. 66 "§ 102 to 114, are the fame as §95 to 107 of 48 G. 3. c. 15. the Forfeiture. This Act not to extend to the Militia, &c. further than is directed by the Laws relating thereto. CXV. Provided always, and be it further enacted, That nothing in this A&t contained shall extend, or be any ways conftrued to extend, to concern any of the Militia Forces, or Yeomanry or Volunteer Corps in Great Britain or Ireland, or in Ferfey, Guernsey, Alderney, Sark, or Man, or the Islands there to belonging, excepting only in fuch Cafe wherein, by any Act or As for regulating any of the Militia Forces or Yeomanry or Volunteer Corps in Great Britain or Ireland, the Provifions contained in this Act, or in any A&t for punishing Mutiny and Desertion, which fhall be then in force, are extended and meant to take place in respect to the Officers and Soldiers of the Militia Forces, or Yeomanry or Volunteer Corps in Great Britain and Ireland; and Exception. also except fo far as relates to the muttering of the faid Militia Forces according to the Provifions hereinafter mentioned. 66 "§ 116, 117, are the fame as $ 109, 110 of 48 G. 3. c. 15. CXVIII. And be it further enacted, That any Perfon taking a falfe Perfons taking a Oath in any Cafe wherein an Oath is required to be taken by this A&t, false Oath, fhall be deemed guilty of wilful and corrupt Perjury, and being thereof guilty of Perjury. duly convicted, fhall be liable to fuch Pains and Penalties as by any Laws now in force any Perfons convicted of wilful and corrupt Perjury are fubject and liable to. "119 to 128, are the fame as § 111 to 120 of 48 G. 3. c. 15. "Continuance of A& in Great Britain from 25th March 1809 to 24th "March 1810; in Ireland from 31st March 1809 to 1 April 1810; "in Ferfey, Guernsey, Alderney. Sark, and Man, from 30th April 1809 "to 1ft May 1810; in Gibraltar, &c. from 24th March 1810 to "25th March 1811, § 129. may be altered this Sellion. [See 49 G. 3. CXXX. Provided always, and be it enacted, That this A&t, fo far Act, in part, as relates to the Allowances to be made for the quartering of Soldiers and providing for their Horfes, or for the Provifion of Carriages, Horfes, Boats, Barges, or other Veffels, and Men, may be altered and varied by any A&t or Acts to be made in this Seffion of Parliament. "Schedules A. to H. are the fame as thofe annexed to 48 G. 3.6. 15. I SCHEDULE (I.) FORM OF OATH. do hereby make Oath, That I have not applied any Money or Stores, or Supplies, under my Care or Diftribution, to my own Ufe, or to the private Ufe of any other Person, by way of Loan to fuch Perfon, or otherwife, or in any Manner applied them, c. 37.] or knowingly permitted them to be applied to any other than Publick Purposes, and according to the Duty of my Office. Sworn before me by the within-named } this Irish A&, Perfons knowingly re eciving or having in their Cuftody forged Notes or Blank Notes of WH CA P. XIII. An Act for the more effectually preventing the Forging of Bank Notes, Bank Bills of Exchange, and Bank Poft Bills, and the Negociation of forged and counterfeited Bank Notes, Bank Bills of Exchange, and Bank Poft Bills, of the Governor and Company of the Bank of Ireland. [20th March 1809.] THEREAS by an Act made in the Parliament of Ireland, in the Thirty-eighth Year of His prefent Majefty's Reign, intituled, An All for the more effectually preventing the Forging of the • Notes and Bills of the Governor and Company of the Bank of Ireland, • and the Circulation of forged Notes and Bills of the faid Governor and Company; it was amongit other Things enacted, That if any Perfon fhall have in his or her Poffeffion or Cuftody any forged or counterfeited Note or Notes, Bill or Bills of Exchange, of the Governor and Company of the Bank of Ireland, knowing the fame to be forged or counterfeited, with an Intent to utter or negociate the fame as the true and genuine Note or Notes, Bill or Bills of Exchange, of the Governor and Company of the Bank of Ireland, every fuch Perfon fo offending, and being thereof convicted, fhall be punished by Fine, Imprisonment, Pillory, or other corporal Punishment, according to the Difcretion of the Court before whom he or she fhall be • profecuted for fuch Offence: And whereas the faid Provifion, and the Penalties therein contained, have been found infufficient to deter Perfons from the Perpetration of the Offences thereby meant to be guarded against, and it is therefore deemed expedient to repeal the fame;' Be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Content of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the Expiration of Ten Days after the Day of paffing of this A&t, so much of the faid recited A&t as is herein-before recited, fhall be and the fame is hereby repealed, except fo far as relates to any Offence againft the faid recited A&t committed before the Expiration of Ten Days after the Day of paffing of this A&. · II. And be it further enacted, That if any Perfon or Perfons in that Part of the United Kingdom called Ireland, fhall, from and after the Expiration of Ten Days after the Day of paffing of this Act, purchase or receive from any other Perfon or Perfons any forged or counterfeited Bank Note, Bank Bill of Exchange, Bank Pot Bill, or Blank Bank Note, Blank Bank Bill of Exchange, or Blank Bank Poft Bills Bill, of the Governor and Company of the Bank of Ireland, knowing the Bank of the fame to be forged or counterfeited, or fhall knowingly or wittingly Ireland fhall be have in his, her, or their Poffeffion or Cuftody, or in his, her, or their transported. Dwelling Houfe, Out-houfe, Lodgings, or Apartments, any forged or counterfeited Bank Note, Bank Bill of Exchange, or Bank Poft Bill, or Blank Bank Note, Blank Bank Bill of Exchange, or Blank Bank Poft Bill, of the faid Governor and Company, knowing the fame to be forged or counterfeited, without lawful Excufe, the Proof whereof hall lie upon the Perfon accused, every Perfon or Perfons fo offending, and being thereof convicted according to Law, fhall be adjudged a Felon, and fhall be tranfported for the Term of Fourteen Years. CA P. XIV. An Act for repealing an Act of the Parliament of Scotland, WHEREAS by an Act of the Parliament of Scotland, paffed in Scotch Ast, the second Seffion of the first Parliament of King William and Seff. 2. Parl. 1. Queen Mary, intituled, Act anent murthering of Children, it is enacted, Gul. & Mar. that if any Woman fhall conceal her being with Child during the repealed. whole Space, and shall not call for and make use of Help and Affiftance in the Birth, the Child being found dead or amiffing, the Mother 'fhall be bolden and reputed the Murtherer of her own Child: And whereas the Punishment of Death has been found too rigorous for 'fuch an Offence: But nevertheless it is expedient that it should be • repressed, and punished suitable to its Quality and Degree: May it therefore pleafe Your Majefty that it may be enacted;' and be it enacted by the King's molt Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Com mons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the paffing of this A&, the faid in part recited Act of the Parliament of Scotland fhall be and the fame is hereby repealed. II. And be it further enacted, That if, from and after the paffing of this Act, any Woman in that Part of Great Britain called Scotland, fhall conceal her being with Child during the whole Period of her Pregnancy, and fhall not call for and make ufe of Help or Affistance in the Birth, and if the Child be found dead or be amiffing, the Mother being lawfully convicted thereof, fhall be imprisoned for a Period not exceeding Two Years, in fuch Common Gaol or Prifon as the Court before which he is tried fhall direct and appoint. CA P. XV. An Act to indemnify fuch Perfons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Times limited for thofe Purpofes refpectively, until the Twenty-fifth Day of March One thoufand eight hundred and ten; and to permit fuch Perfons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors, Women in Scotland, concealing Pregnancy, &c. fhall be imprifoned Two.. Years. |