For discovering the Amount of Monies, &c. contributed. Form of Conviction. deemed to be a Debt due to His Majesty from the Person or Persons receiving or otherwise having the same, to be recovered by Information, to be filed in the Name of His Majesty's said Attorney General, in the same Manner as other Monies had and received to the Use of His Majesty are recoverable by Law. IX. And, for the better Discovery of the Amount of the Monies or other valuable Things so paid and contributed against the true Intent and Meaning of this Act, be it further enacted, That every Person so receiving, or otherwise having the same, shall be obliged and compellable to answer, upon Oath, any Information filed in the Name of His Majesty's said Attorney General for Discovery of the same, and shall not, by Plea, Demurrer, or otherwise, protect himself from giving Answer thereto. X. And be it further enacted, That any Conviction by any Justices of the Peace for any Offence committed, or any Penalty or Sum recoverable under this Act, shall and may be in the Form following, or in any Words to the like Effect, as the Case may require; (that is to say,) to wit. BE it remembered, That on the eight hundred and • County of • County of Day of in the Year of our Lord One thousand at A. O. of in the in the is convicted before us, Two of His Majesty's Justices of the Peace for the County of for that he the said A. O. did not depart within One Quarter of an Hour after Command had been given by us [if the convicting Justices be not the same, state by whom the Command was given,] for that Purpose to an Assembly or Meeting of Persons prohibited by a Proclamation of the Lord Lieutenant or other Chief Governor or Governors of Ireland, made on the Day • of and which Proclamation we [to be altered as before, according to the Fact,] were ordered to enforce; for which Offence the said A. O. is hereby adjudged by us, by force of the Statute made in the Tenth Year of the Reign of King George the Fourth, to be committed to His Majesty's Gaol at in and for to be there imprisoned for the Term of Three Calendar Months. [In case of a Second Conviction, say, for the Term of One whole Year, he the said A. O. having been previously convicted of another Offence against the said Statute.] Given, et cetera. [Or, For that he the said A. O. did pay and contribute, or did compel or did cure or did solicit one E. F. to pay or to contribute, the Sum of or Property of the Value of pro [if the Case be so], to the Association suppressed by an Act 'made and passed in the Tenth Year of the Reign of King George the Fourth; [or, if the Case be so, to an Association prohibited or suppressed under and by virtue of an Act made in the Tenth Year of the Reign of King George the Fourth, against the Force of the said Act;] wherefore we do adjudge that he the said 'A. O. hath forfeited the Sum of being Treble the Value of the Sum so paid and contributed, or so compelled or procured or solicited by him to be paid or contributed, [or, if the Case be so, the Sum of Ten Pounds, being the Sum elected by His Majesty's Attorney General,] and that he • et cetera.]' XI. And be it further enacted, That any Conviction under this Convictions Act shall not be removable by Certiorari or otherwise, but the not removable. same shall be binding and conclusive to all Intents and Purposes whatsoever: Provided always, that a Copy of every Conviction Copy thereof to under this Act, and of the Evidence under which the same proceeded, shall within One Week after the same has taken place be the Lord Lieureturned to the Lord Lieutenant or other Chief Governor or Governors of Ireland. be returned to tenant. XII. And be it further enacted, That every Prosecution, Action, Regulating and Suit which shall be brought or commenced against any Justice Proceedings or Justices of the Peace, Constable, Peace Officer, or other Person against Persons acting under or Persons, for any Thing done or acted in pursuance of this this Act. Act, shall be commenced within Three Calendar Months next after the Fact committed, and not afterwards; and the Venue in every such Action or Suit shall be laid in the proper County where the Fact was committed, and not elsewhere; and the Defendant or Defendants in every such Suit or Action shall and may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon; and if such Prosecution, Action, or Suit shall be brought or commenced after the Time limited for bringing the same, or the Venue shall be laid in any other Place than as aforesaid, then the Jury shall find a Verdict for the Traverser or Traversers or Defendant or Defendants; and in such Case, or if the Jury shall find a Verdict for the Defendant or Defendants upon the Merits, or if the Plaintiff or Plaintiffs shall become nonsuit, or discontinue his or their Action after Appearance, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have Double Costs, which he or they shall and may recover in such and the same Manner as any Defendant can by Law in other Cases. XIII. And be it further enacted, That this Act may be altered, amended, or repealed by any Act or Acts to be passed in this present Session of Parliament. XIV. And be it enacted, That this Act shall commence and be of force from and after the Expiration of Ten Days from and after the passing thereof, and not sooner; and that so much thereof as relates to the Catholic Association shall be perpetual, and the Residue thereof shall continue in force for One Year from the Day of passing this Act, and until the End of the then next Session of Parliament. CA P. II. An Act for continuing to His Majesty for One Year certain [This Act is the same (except as to Dates) as 9 G. 4. c. 5.] Act may be amended this Session. Commencement and Con tinuance of Act. CA P. III. 66 An Act for applying certain Sums of Money for the Service of the Year One thousand eight hundred and twenty-nine. [6th March 1829.] "There shall be applied, for the Service of the present Year, 4,000,000l. remaining in the Exchequer to complete the Aids granted in 1828-9; also 4,000,000l. from Consolidated Fund; also "60,000l. to be paid by the East India Company; also any Sum "paid in respect of Exchequer Bills issued for Public Works and Fisheries, and any Balance paid in by the Bank of England on or before the 5th of April, 1830, pursuant to 56 G. 3. c. 97. : "Provided that if at any Time the Balance shall be reduced to "less than One hundred thousand Pounds, then so much of the "Monies advanced by the Bank as shall be equal to the Sum by "which the said Balance shall be less than One hundred thousand "Pounds shall be repaid." CA P. IV. An Act for raising the Sum of Twelve Millions by Exchequer CAP. V. An Act for the regulating of His Majesty's Royal Marine [This Act is the same as 9 G. 4. c. 3. except as to Dates and the Sections here inserted.] Pay to be forXX. And be it further enacted, That every Non-commissioned feited during Officer or Private Marine, who shall be sentenced by any General, Imprisonment. Divisional, or Detachment Court-martial to be imprisoned, shall forfeit all Right to any Pay from the Day of his Commitment during the Time of such Imprisonment; and also that during the Continuance of any such Imprisonment, the Gaoler or Keeper of Gaoler to receive Ed. per Day for Subsistence of Prisoner. such Prison or House of Correction shall receive the Sum of Sixpence per Diem out of the Subsistence of such Non-commissioned Officer or Private Marine, during the Time that such Noncommissioned Officer or Private Marine shall continue in Custody; which said Sum the said Lord High Admiral, or Two or more of the Commissioners for executing the said Office of Lord High Admiral for the Time being, are hereby authorized and required to cause to be paid by the Paymaster of Royal Marines to the said Gaoler or Keeper, upon receiving an Application in Writing to their Secretary, signed by any Justice of the Peace for the County or Riding in which such Gaol, Prison, or House of Correction shall be locally situate, together with a Copy of the Order under which the said Non-commissioned Officer or Private Marine was confined: Provided always, that it shall be lawful for the said Lord High Admiral or the said Commissioners for the Time being, if they should think fit, to order the Issue and Payment of any Arrears of Pay, or of the Surplus of such Pay, or any Persons committed for Criminal Offences not to any Portion thereof, or of any Arrears thereof, to or on account of such Non-commissioned Officer or Private Marine, during or after the Expiration of the Period of his Imprisonment in any Gaol, House of Correction, or Place of Military Confinement. XXVIII. And be it further enacted, That no Officer, Non-commissioned Officer, or Private Marine, who shall be arrested and committed to Prison upon a Charge of any Criminal Offence, shall receive any Part of his Pay from the Day of such Commitment till receive Pay till the Day of his Return to the Company to which he shall belong, they return to or which he shall be ordered to join; and if he shall be acquitted the Regiment, of the Offence for which he was committed, he shall, upon his &c. Return to his Company, with the Approbation of the Lords Commissioners of the Admiralty, on a Reference to them of his Case, but not otherwise, be entitled to receive all Arrears of Pay which were growing due during the Time of his Confinement; but if he shall be convicted, he shall forfeit all Right to any Pay from the Day of his Commitment during the Time of his Confinement, as well under the original Commitment as under any Commitment consequent upon such Conviction, and until the Day of his Return to the Company to which he shall belong, or which he shall be ordered to join: Provided always, that it shall be lawful for the said Lord High Admiral, or Two or more of the Commissioners for executing the said Office of Lord High Admiral, for the Time being, to order the Issue and Payment to any such Non-commissioned Officer or Private Marine, during any such Commitment or Imprisonment, or either of them, or any Part thereof, of the Pay of any such Officer, Non-commissioned Officer, or Private Marine, or of any Proportion of such Pay, or of any Arrears thereof, either during such Commitment or Imprisonment, or after the Discharge of such Officer, Non-commissioned Officer, or Private Marine, after Conviction or otherwise, as shall appear to the said Lord High Admiral or the said Commissioners to be proper; and the Order of the said Lord High Admiral or any Two of the said Commissioners for the Payment of such Pay or Arrears shall be a sufficient Discharge for such Payment. Persons receiving Enlisting Money absconding, or refusing to go before a Magistrate, shall be deemed en LXXVII. And be it further enacted, That if any Person or Persons shall receive the Enlisting Money from any Officer, Noncommissioned or Private Marine, or other Person employed on the Recruiting Service (knowing it to be such), and shall abscond or refuse to go before such Justice or Chief Magistrate, or if any Person having received any such Enlisting Money as aforesaid, shall thereafter absent himself from the Recruiting Party with which he enlisted, or Person with whom he enlisted, and shall not listed. voluntarily return to such Recruiting Party or Person enlisting him, to go before some Justice of the Peace or Magistrate under the Provisions of this Act, within such Period of Four Days as aforesaid, such Person shall be deemed to be enlisted, and a Marine 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 Deserter, or for being absent without Leave, under any Articles of War made for Punishment of Mutiny and Desertion; nor shall any such Person who shall not have remained with, or who shall not have returned to such Recruiting Party or Person enlisting him as aforesaid, be entitled to be discharged or be dis B 4 charged Persons making false Representations and obtaining Bounty, shall be deemed guilty of ob taining Money under false Pretences. 7 & 8 G. 4. e. 29. 26 G. 3. (I.) Apprentices Men so obtain- charged by any Justice of the Peace or Magistrate after the Expiration of such Four Days as aforesaid, unless it shall be proved to the Satisfaction of such Justice of the Peace that the true Name and Residence of the Person enlisted was disclosed and known to the Recruiting Party, and that no Notice was given to the Person enlisted, or left at his last usual Place of Abode, of his having so enlisted. LXXIX. And be it further enacted, That any Person who shall knowingly, wilfully, and designedly make any false Representation of any Particular contained in the Form of Oath marked (A.) in the Schedule annexed to this Act, before the Justice of the Peace at the Time of his Attestation, for the Purpose of obtaining, and shall thereupon obtain any Enlisting Money, or any Bounty or Part of the Bounty, for enlisting into His Majesty's Royal Marines, or any other Money, shall be 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 Eighth Years of the Reign of His present Majesty, intituled An Act for consolidating and amending the Laws in England, relative to Larceny, and other Offences connected therewith; and if in Ireland, of an Act passed in the Twenty-sixth Year of the Reign of His late Majesty King George the Third, intituled An Act for the more effectual Punishment of Persons who attain or attempt to attain Possession of Money or Goods by false Pretences or Threats; and the Production of such Oath, and Proof of the Justice's Handwriting thereto, shall, in any Prosecutions to be instituted against the enlisting Person or Recruit therein named, be sufficient Evidence of such Person having represented the several Particulars contained in such Oath at the Time of his being attested; and Proof by the Oath of One or more credible Witness or Witnesses, that the Person so prosecuted hath freely and voluntarily declared or acknowledged that at the Time of his Enlistment he belonged to the Militia, or to any Corps or Regiment in His Majesty's Service, or to His Majesty's Royal Navy or Royal Marines, or that he was an Apprentice, shall be deemed and taken as sufficient Evidence of the Fact so by him declared or acknowledged, without Production of any Roll or other Document to prove the same; and in case such Person shall be an Apprentice, or shall belong to the Militia, he shall, immediately after the Expiration of his Apprenticeship, or other sooner Determination of it, or at the Expiration of the Period of his Service in the Militia, whether he shall have been convicted and punished or not, be deemed duly enlisted, and be liable from thenceforth to serve as a Marine; and if, on the Expiration or other sooner Determination of his Apprenticeship, or at the Expiration of the Period of his Service in the Militia, he shall not deliver himself up to some Officer at the Head Quarters of one of the Divisions of His Majesty's Royal Marine Forces, or to some Royal Marine Officer authorized to receive Recruits, he shall be liable to be apprehended and dealt with as a Deserter from His Majesty's said Royal Marine Forces; and in case such Person so enlisting into the Royal Marines shall be claimed and taken therefrom as already belonging to any other Regiment or Corps in His Majesty's Service, or to the Militia, at the Time of such Enlistment, he shall forfeit all Pay which may be due to him or Credits to |