CAP. XLII. An Act to provide for the Execution for One Year of the Office of Sheriff in the County of Westmoreland. [13th July 1849.] WHEREAS Henry Earl of Thanet, deceased, was in his Lifetime and at the Time of his Death Hereditary High Sheriff of the County of Westmoreland: And whereas the said Henry Earl of Thanet died on or about the Twelfth Day of June in the Year of our Lord One thousand eight hundred and forty-nine, without Issue: And whereas it is alleged that he first duly made and published his last Will and Testament in Writing, bearing Date the Twenty-first Day of December One thousand eight hundred and forty-eight, and duly executed the same, whereby the said Henry Earl of Thanet devised and bequeathed the said Office of Sheriff to one Richard Tufton for Life, with divers Remainders over: And whereas Doubts have arisen whether the said Office of Sheriff passed by the said Will, or whether the same became on the Death of the said Henry Earl of Thanet vested in his "Heir or Heiress at Law, or whether the same became escheated "to the Crown; and such Doubts and Rights cannot conveniently be settled and ascertained within the Time necessary 'for executing and performing the said Office of Sheriff within the said County: And whereas it is necessary, for the Ad'ministration of Justice within the said County of Westmoreland, that a Sheriff for the said County should forthwith be *appointed until such Doubts and Rights shall be settled and "ascertained:" Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful for the Queen's most Excellent Majesty, from and after the passing of this Act, to to nominate and to appoint, in such Manner and Form as is provided by an Act passed in the Third and Fourth Years of the Reign of King William the Fourth, for, amongst other things, "facili3&4 W. 4. c.99. tating the Appointment of Sheriffs," such Person to be Sheriff for One Year of the County of Westmoreland as She shall by the Advice of Her Council think fit; and such Person so to be nominated and appointed shall hold, use, and execute the said Office of Sheriff within the said County of Westmoreland during One Year from the Date of such Appointment, or for any shorter Period, in case Her said Majesty shall by an Order in Council so order and direct, and upon taking the Oath of Office by the said Act prescribed shall from thenceforth have and exercise all Powers, Privileges, and Authorities whatsoever hitherto usually exercised and enjoyed by the Sheriff of the County of Westmoreland, or any other Sheriff, now or heretofore appointed under and by virtue of the said Act, and shall be subject to the same Duties and Liabilities as the Sheriff of the County of Westmoreland Power to Her Majesty to ap for One Year for the County of point a Sheriff Westmoreland in manner pro vided by Westmoreland has hitherto been subject and liable to, and to all the Liabilities imposed upon Sheriffs in England and Wales by the said recited Act. and after a cer conferred shall cease, save that II. And be it further enacted, That it shall and may be Her Majesty lawful to and for Her said Majesty, by any Order in Council may order, from to be hereafter made, to order and direct that from and after a tain Day, that certain Day to be therein named all the Powers, Authorities, all Powers, &c. Rights, Privileges, and Liabilities by the said recited Act or this Act conferred or imposed upon the said Person so to be the Sheriff nominated and appointed as aforesaid shall from and after such shall be liable Day cease and determine, save and except that the said Sheriff to all Suits, so to be nominated and appointed as aforesaid shall be liable Returns. and amenable to all such Suits, Actions, and Proceedings, and to make all such Returns, as any other Sheriff for any other County of England or Wales is now subject or liable to. and to make III. Provided always, That, subject only to the Power by Nothing herein this Act professed to be given to Her Majesty to appoint a to prejudice the Rights of Person to the Office of Sheriff of the County of Westmoreland Her Majesty, for One Year as aforesaid, nothing herein contained shall pre- nor of other judice or affect any Title in Her Majesty, Her Heirs or Suc- Persons. cessors, in respect of the said Office, or the Title, Rights, or Interests of any Person or Persons claiming or to claim, by Descent, Devise, or otherwise, the said Office of Sheriff of the County of Westmoreland, An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company, and for regulating in such Service the Payment of Regimental Debts and the Distribution of the Effects of Officers and Soldiers dying in the Service. [28th July 1849.] WHEREAS an Act was passed in the Third and Fourth T Years of Her present Majesty, intituled An Act to con- 3&4 Viot, c. 37. 'solidate and amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Com→ 'pany, and for providing for the Observance of Discipline in the Indian Navy, and to amend the Laws for regulating the Pay 'ment of Regimental Debts and the Distribution of the Effects of Officers and Soldiers dying in Service: And whereas it is 'expedient that the said Act be amended; and it being requisite, "for retaining the Forces of the East India Company in their Duty, that an exact Discipline be observed, and that Soldiers 'who shall mutiny or stir up Sedition, or shall desert the said Company's Service, be brought to a more exemplary and 'speedy Punishment than the usual Forms of the Law will allow: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it The Queen shall may make Ar 6 A ticles of War, of which all Courts shall take judicial Notice, and Copies to be transmitted to Judges and Governors. shall be lawful for Her Majesty to make Articles of War for the better Government of the East India Company's Forces, and from Time to Time to renew, alter, add to, or amend the same, as to Her Majesty shall appear fit, and all Articles of War to be so made shall be judicially taken notice of by all Judges and in all Courts whatsoever, and Copies of the same, printed by the Queen's Printer, shall, as soon as conveniently may be after the same shall have been made and established by Her Majesty, be transmitted by Her Majesty's Secretary at War to the Judges of Her Majesty's Superior Courts at Westminster, Dublin, Edinburgh, and in India respectively, and also to the Governors of Her Majesty's Dominions abroad and of the Territories under the Government of the said Company; provided, that no Person within the Territories which are or may be under the Government of the said Company, and within One hundred and twenty Miles Distance from the Presidencies of Fort William, Fort Saint George, and Bombay respectively, shall by such Articles of War be subject to be transported as a Felon, or be subject to any Punishment extending to Life or Limb, except for Crimes or Offences which are by this Act expressly made liable to such Transportation or to such Punishment as aforesaid, nor shall be subject, with reference to any Crimes made punishable by this Act, to be punished in any Manner which shall not accord with the Provisions of this Act; provided also, that nothing in this Act contained shall in any Manner impeach or affect any Articles of War or other Matters made, enacted, or in force, or which hereafter may be made or enacted or in force, under the Authority of the Government of India, respecting Officers or Soldiers being Natives of the East Indies or other Places within the Limits of the said ComTrial of Native pany's Charter; and that on the Trial of all Offences committed by any Native Officer or Soldier, or Follower, Reference shall be had to the Articles of War framed by the Government of India for such Native Officers, Soldiers, or Followers, and to the established Usages of the Service. Officer or Soldier. Persons subject to this Act. II. And be it enacted, That the Provisions of this Act shall apply to all Persons belonging to any of the Forces of the East India Company who are or shall be commissioned or in Pay as Officers, or who are or shall be listed or in Pay as Non-commissioned Officers or Soldiers, or who are or shall be serving or hired to be employed in the Artillery or any of the Trains of Artillery, or as Master Gunners or Gunners, or as Conductors of Stores, or who are or shall be serving in the Department of Engineers, or in the Corps of Sappers and Miners or Pioneers, or as Military Surveyors or Draftsmen, or in the Ordnance and Commissariat Departments, and to all Storekeepers and other Civil Officers employed under the Ordnance, and to all Apothecaries, Veterinary Surgeons, Medical Storekeepers, Hospital Stewards, and others serving in the Medical Department of the said Forces, and to all licensed Sutlers and Followers in or of any of the said Forces, and that all such Persons shall be at all Times subject to all the Penalties and Punishments Punishments mentioned in this Act, and shall in all respects whatsoever be holden to be within the Intent and Meaning of every Part of this Act. 1 Act, the Pre sidency of Fort III. And be it enacted, That for the Purposes of this Act, For the Pur and of any Articles of War to be made under the same, the poses of this Presidency of Fort William in Bengal shall be deemed and taken to comprise under and within it all the Territories which by Law are divisible between the Presidencies of Fort William in Bengal and Agra respectively, and such Territories shall for all the Purposes aforesaid be taken to be the Presidency of Fort William in Bengal.bak mi ing, Ay Officers, &c. raised or servunder the Government of the ing in Places IV. And be it enacted, That all Officers and Soldiers of any Troops, being mustered and in Pay, which shall be raised and serving in any of the Possessions or Territories which are or may be under the Government of the said Company, or in Places in possession of or occupied by Persons subject to the Company liable Government of the said Company, or by any Forces of the said as Company's Company, and being under the Command of any Officer having a Commission immediately from the Government of any of the Presidencies of the said Company, shall be liable to Martial Law, in like Manner as the Company's other Forces are.. f to same Law other Forces. V. And be it enacted, That all Officers and Soldiers who After Embarkshall be enlisted in or transferred to the Service of the said ation all Officers and SolCompany, and all Officers in the said Company's Service who diers subject to may proceed in charge of or be appointed to do Duty with Provisions of such enlisted or transferred Officers and Soldiers, shall from and this Act. after their Embarkation to go abroad to such Place whereto they shall be sent in the Service of the said Company be during their Passage subject to all the Provisions and Regulations of this Act, and to all such Provisions and Regulations as Officers and Soldiers in the Pay of the said Company shall from Time to Time be subject to at the Garrison or Place to which such Officers and Soldiers shall be sent; and in all Offences comCases in which it may happen that Offences shall be committed mitted during by the said Officers and Soldiers after their Embarkation, and nizable after before their Arrival at their Place of Destination abroad, which Arrival. cannot be tried and punished during their Passage in such Manner as such Offences ought to be tried and punished, every such Officer or Soldier may and shall after his Arrival at his Place of Destination abroad be tried and punished for every Offence committed after his Embarkation and before his Arrival, in the same Manner as he would have been liable to be tried and punished if such Offence had been committed in any Place where the Offender might have been tried by Courtmartial held under the Authority of this Act. Passage cog in Chief at the VI. And be it enacted, That for the Purpose of bringing Commanders Offenders to Justice it shall be lawful for the General or other Officer commanding in chief the Forces in India, or the Forces dencies emwithin the Presidency of Fort William, and also for each of powered to the Generals or other Officers respectively commanding in chief convene Courtsthe Forces within the Presidencies of Fort Saint George and Bombay respectively, from Time to Time, as Occasion may Q [No. 16. Price 2d.] require, martial. require, to convene Courts-martial for the Trial of any Officer or Soldier under his Command who is or shall be charged with any Offence liable to be tried by Court-martial, whether such Offence shall have been committed before or after such Officer shall have taken upon himself such Command; and it shall also be lawful for each of the said Officers commanding in chief respectively to direct his Warrant to any Officer, not under the Degree of a Field Officer, having the Command of any Body of Forces, authorizing him to convene Courts-martial for the Trial of Offences committed by any Officer or Soldier under his Command, whether the same shall have been committed before or after such Officer shall have taken upon himself such Command; and it shall also be lawful for each of the said Officers commanding in chief respectively, when and as often as any Sentence is given and passed by a Court-martial, legally constituted, upon any Officer or Soldier under his Command, to confirm such Sentence, and to cause the same to be put into execution, or to suspend, mitigate, or remit the same; and it shall also be lawful for each of the said Officers commanding in chief respectively to give his Warrant to any Officer, not under the Degree of a Field Officer, having the Command of any Body of Forces, to confirm Sentences of Courts-martial passed upon Officers or Soldiers under the Command of the Officer to whom such Warrant shall be given (always excepting in any such Warrant the Confirmation of any Sentence of Death, Transportation, or Cashiering, upon any Commissioned Officer), and to cause the same to be put into execution, or to suspend, mitigate, or remit the same; and the said Officers commanding in chief respectively may (where they shall think fit) authorize any such Officer to confirm any such Classes of Sentences only, or Sentences passed for any such Class of Offences only, or on any such Classes of Persons only, as they may think fit; and it shall also be lawful for Her Majesty may grant Com- to grant Commissions or Warrants under the Royal Sign Manual to any General or other Officer having the Command convening of of any Body of Forces, as well in the Possessions or Territories Courts-martial which are or may be under the Government of the East India for trying Offences against Company as elsewhere, for convening Courts-martial, and for Articles of War. authorizing any Officer under their respective Commands to convene Courts-martial, as Occasion may require, for the Trial of Offences committed by any of the Forces under their several Commands, whether the same shall have been committed before or after such Officer shall have taken upon himself such Command, the Officer so authorized not being, however, below the Degree of a Field Officer; and any Person subject to the Provisions of this Act who shall in any Part of Her Majesty's Dominions, or the Territories under the Government of the East India Company, or elsewhere, commit any Offence for which he may be liable to be tried by Court-martial, may be tried and punished for the same in any Part of the Territories which are or may be under the Government of the said Company, or elsewhere, where he may have come after the Com The Queen missions or Warrants for mission |