Page images
PDF
EPUB

selves as aforesaid, within such Time and in such Manner as • in and by the said Acts respectively is required, whereby • they have incurred, or may be in danger of incurring, divers • Penalties and Disabilities:' For quieting the Minds of Her Majesty's Subjects, and for preventing any Inconvenience that might otherwise happen by means of such Omissions, be it 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 all and every Person or Persons Persons who who, at or before the passing of this Act, hath or shall have have omitted to omitted to take and subscribe the Oaths and Declarations, or selves as reotherwise to qualify him, her, or themselves, within such Time quired by the and in such Manner as in and by the said Acts or any of them recited Acts is required, and who, after accepting any such Office, Place, or and allowed Employment, or undertaking any Profession or Thing, on ac- further Time. count of which such Qualification ought to have been had and is required, before the passing of this Act, hath or have taken and subscribed the said Oaths or made the Declarations required by Law, or who on or before the Twenty-fifth Day of March One thousand eight hundred and fifty shall take and subscribe the Oaths, Declarations, and Assurance respectively, in such Cases wherein by the said several Acts or any or either of them the said Oaths, Declarations, and Assurance ought to have been taken and subscribed, in such Manner and Form, and at or in such Place or Places, as are appointed in and by the said several Acts or any or either of them, shall be and are hereby indemnified, freed, and discharged from and against all Penalties, Forfeitures, Incapacities, and Disabilities incurred or to be incurred for or by reason of any Neglect or omission, previous to the passing of this Act, of taking or subscribing the said Oaths or Assurance, or making or subscribing the said Declarations respectively, or taking or subscribing the said Oath, according to the above-mentioned Acts or any of them or any other Act or Acts; and such Person or Persons is and are and shall be fully and actually recapacitated and restored to the same State and Condition as he, she, or they were in before such Neglect or Omission, and shall be and be deemed and adjudged to have duly qualified him, her, or themselves according to the abovementioned Acts and every of them; and that all Elections of, and Acts done or to be done by, any such Person or Persons, or by Authority derived from him, her, or them, are and shall be of the same Force and Validity as the same or any of them would have been if such Person or Persons respectively had taken the said Oaths or Assurance, and made and subscribed the said Declarations respectively, and taken and subscribed the said Oath, according to the Directions of the said Acts and every or any of them; and that the Qualification of such Person or Persons qualifying themselves in manner and withiŋ the Time appointed by this Act shall be to all Intents and Purposes as effectual as if such Person or Persons had respectively taken the said Oaths and Assurance, and made and subscribed the sail

B 4

Declarations

those who have

6

Declarations respectively, and taken and subscribed the said
Oath, within the Time and in the Manner appointed by the

several Acts before mentioned. Indemnity to

II. - And whereas several Persons well affected to Her Ma

jesty's Government, and to the United Church of England omitted to

• and Ireland, have, through Ignorance of the Law, neglected, make and subscribe the Oath or been, by Sickness or other unavoidable Causes, prevented and Declaration from taking and subscribing the Declaration according to the required by the Irislı Act

• Directions of an Act passed in the Parliament of Ireland in of 2 Anne. 'the Second Year of the Reign of Her Majesty Queen Anne,

. intituled An Act to prevent the further Growth of Popery :' Be it therefore enacted, That all Persons who have incurred any Penalty or Incapacity in the said recited Act mentioned, by neglecting to qualify themselves according to the said Act, shall be and are hereby indemnified, freed, and discharged from all Incapacities, Disabilities, Penalties, and Forfeitures incurred by reason of such Omission or Neglect as aforesaid; and that no Act done by any of them, not yet avoided, shall be questioned or avoided by reason of such Omission or Neglect, but that all such Acts shall be and are hereby declared to be as good and effectual as if such Persons respectively had taken and subscribed the said Oath, and made and repeated and subscribed the said Declaration, at such Time and Place and Manner as in the said Act is mentioned ; anything in the said Act to the contrary notwithstanding: Provided always, that such Person or Persons do and shall take and subscribe the said Oaths, and make, repeat, and subscribe the said Declaration, in such Manner and Form, and in such Place or Places respectively, as are directed and appointed by the said last-recited Act, on or before the Twenty-fifth Day of March One thousand eight hundred

and fifty. Not to indem

III. Provided always, and be it enacted, That this Act, or. nify Persons against whom anything herein contained, shall not extend or be construed to final Judgınent extend to indemnify any Person against whom final Judgment has been given. shall have been given in any Action of Debt, Bill, Plaint, or

Information, in any of Her Majesty's Courts of Record, for any
Penalty incurred by having neglected to qualify himself within

the Time limited by Law. Not to exempt

IV. Provided also, and be it enacted, That nothing contained Justices acting in this Act shall extend or be construed to extend to exempt without legal Qualification.

any Justice of the Peace within Great Britain from the Penalties to which he is subject for acting as such without being possessed of the Qualification required by the Laws now in

force. Admissions to V. And whereas the Appointment of divers Clerks of the Corporations Peace, Town Clerks, and other Public Officers, and the Admay be stamped mission of divers Members and Officers of Cities, Corporaafter the Time allowed. • tions, and Borough Towns, in Great Britain and Ireland, or

• the Entries of such Admissions in the Court Books, Rolls, or

Records of such Cities, Corporations, and Borough Towns which by several Acts are directed and required to be stamped, may not have been provided or the same not stamped, or may

have been lost or mislaid :' Be it enacted, That for the Relief of such Persons whose Appointments and Admissions, or the Entries of whose Admissions as aforesaid, may not have been provided or not duly stamped, or where the same have been lost or mislaid, it shall and may be lawful to and for such Persons in Great Britain or Ireland, on or before the Twenty-fifth Day of March One thousand eight hundred and fifty, to provide or cause to be provided Appointments and Admissions, or Entries of Admissions as aforesaid, duly stamped, or in case where such Appointments, Admissions, or Entries of Admissions as aforesaid have been made or provided, but have not been duly stamped, to produce such Appointments, Admissions, or Entries of Admissions as aforesaid to the Commissioners appointed to inspect and manage the Revenues of the Stamp Duties, to be duly stamped, which such Commissioners are hereby authorized and empowered and required to duly stamp, on Payment of double the Amount of the Duties first payable or to have been paid on such Appointments, Admissions, or Entries as aforesaid, without any other Fine or Forfeiture thereon; and in order to denote the said Duties the said Commissioners are hereby authorized and empowered to use such Stamps as shall have been heretofore provided to denote any former Duties on stamped Vellum, Parchment, and Paper, or to cause new Stamps to be provided for that Purpose, and to do all other Things necessary for putting this Act in execution, in the like and in as full and ample Manner as they or the major Part of them are authorized to put in execution any former Law concerning stamped Vellum, Parchment, and Paper; and such Person so providing Appointments, Admissions, or Entries of Admissions as aforesaid, duly stamped, or procuring the same to be duly stamped in manner aforesaid, are and shall be hereby confirmed and qualified to act as Clerk of the Peace, Town Clerk, and other Public Officer, or Member or Members, Officer or Officers of such Cities, Corporations, and Borough Towns respectively, to all Intents and Purposes, and shall and may hold and enjoy and execute such Offices or any other Office or Offices into which he or they hath or have been elected, notwithstanding his or their Omission, or the Omission of any of their Predecessors in such Cities, Corporations, or Borough Towns as aforesaid, and shall be indemnified and discharged of and from all Incapacities, Disabilities, Forfeitures, Penalties, and Damages by reason of any such Omission; and none of his or their Acts shall be questioned or avoided by reason of the same.

VI. Provided always, and be it enacted, That this Act, or Not to restore anything herein contained, shall not extend or be construed to Persons to any extend to restore or entitle any Person or Persons to any Office by Judgment. or Employment, Benefice, Matter, or Thing whatsoever, already actually avoided by Judgment of any of Her Majesty's Courts of Record, already legally filled up and enjoyed by any other Person, but that such Office or Employment, Benefice, Matter, or Thing, so avoided or legally filled up and enjoyed, shall be and remain in and to the Person or Persons who is or are now

or

General Issue.

or shall at the passing of this Act be legally entitled to the same, as if this Act had never been passed.

VII. And be it enacted, That in case any Action, Suit, Bill of Indictment, or Information shall from and after the passing of this Act be brought, carried on, or prosecuted against any Person or Persons hereby meant or intended to be indemnified, recapacitated, or restored, for or on account of any Forfeiture, Penalty, Incapacity, or Disability whatsoever incurred or to be incurred by any such Neglect or omission, such Person or Persons may plead the General Issue, and upon their Defence give this Act and the special Matter in Evidence upon any Trial to be had thereupon.

[ocr errors]
[ocr errors]
[ocr errors]

6

Numbers.

CAP. X. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.

[3d April 1849.] WHEREAS the raising or keeping a standing Army

within the United Kingdom of Great Britain and Ireland, in Time of Peace, unless it be with the Consent of

Parliament, is against Law: And whereas it is adjudged necessary by Her Majesty, and this present Parliament, that a Body of Forces should be continued, for the Safety of the United Kingdom, the Defence of the Possessions of Her Majesty's Crown, and the Preservation of the Balance of Power in Europe, and that the whole Number of such Forces should consist of One hundred and three thousand two hundred

and fifty-four Men, exclusive of the Officers and Men belong' ing to the Regiments employed in the Territorial Possessions • of the East India Company, but including the Officers and · Men of the Troops and Companies recruiting for those Regi

ments: And whereas no Man can be forejudged of Life or

Limb, or subjected in Time of Peace to any kind of Punish* ment within this Realm, by Martial Law, or in any other • Manner than by Judgment of his Peers and according to the • known and established Laws of this Realm; yet nevertheless ! it being requisite, for the retaining all the before-mentioned • Forces in their Duty, that an exact Discipline be observed, • and that Soldiers who shall mutiny or stir up Sedition, or • shall desert Her Majesty'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 Articles of War same, That it shall be lawful for Her Majesty to make Articles made by Her of War for the better Government of Her Majesty's Forces, Majesty to be

which Articles shall be judicially taken notice of by all Judges judicially taken notice of.

and in all Courts whatsoever; and Copies of the same, printed by the Queen's Printer, shall, as soon as may be after the same 6

shall

6

to this Act.

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, and Edinburgh respectively, and also to the Governors of Her Majesty's Dominions abroad; provided that no Person within the United Kingdom of Great Britain and Ireland, or the British Isles, shall by such Articles of War be subject to be transported as a Felon, or to suffer any Punishment extending to Life or Limb, except for Crimes which are by this Act expressly made liable to such Transportation or to such Punishment as aforesaid, or 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.

II. And be it enacted, That all the Provisions of this Act Persons subject shall apply to all Persons who are or shall be commissioned or in Pay as an Officer, or who are or shall be listed or in Pay as a Non-commissioned Officer or Soldier, and to all Persons employed on the Recruiting Service receiving Pay in respect of such Service, and to the Officers and Soldiers belonging to the Forces of the East India Company while such Officers or Soldiers shall be in any Part of the United Kingdom, and to the Officers and Persons who are or shall be serving and hired to be employed in the Royal Artillery and Field Train, and to Master Gunners, and Gunners, and Conductors of Stores, and to all Officers and Persons who are or shall be serving in the Regiment of Royal Engineers and the Corps of Royal Sappers and Miners, and in the Corps of Royal Military Surveyors and Draftsmen, and to Persons in the Ordnance and Commissariat Departments, who are or shall be serving with any Part of Her Majesty's Forces at home or abroad, under the Command of any Officer having Commission from Her Majesty or from His late Majesty King William the Fourth, and to all Storekeepers and other Civil Officers who are or shall be employed by or act under the Ordnance at any of Her Majesty's Ordnance Establishments in the Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the Islands thereto belonging, or at Foreign Stations; provided that nothing in this Act contained shall extend to affect any Security which has been given by such Storekeeper, Barrack Master, or other Officer, or their Sureties, for the due Performance of their respective Offices, under the Provisions of an Act passed in the Fiftieth Year of the Reign of His Majesty King George the Third, to regulate the taking of Securities in all Offices, but that such Bonds and other Securities shall be and remain in full Force and Effect.

III. And be it enacted, That this Act shall extend to the Act to extend Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the to Jersey,

Guernsey, &c. Islands thereto belonging, as to the Provisions therein for enlisting of Recruits, whether Minors or of full Age, and swearing and attesting such Recruits, and for mustering and paying, and to the Provisions for the Trial and Punishment of Officers and Soldiers who shall be charged with Mutiny and Desertion, or any other of the Offences which are by this Act declared to be

punishable

« PreviousContinue »