It is important for the Public Service, and for the Interest of the Deserter, that this Part of the Return should be accurately filled up, and the Details should be inserted by the Magistrate, in his own Handwriting, or, under his Direction, by bis Clerk. I do hereby certify that the Prisoner Signature and Address · Signature of Informant. ↑ Insert "is" or "is not," as the Case may be. I certify that I have inspected the Prisoner, and consider him for Military Service. Signature of Mi litary Medical Officer, or of Private Medical Practitioner. Insert "fit" or "unfit," as the Case may be; and if unfit, state the Cause of Unfitness. F 2 CAP. CAP. XI. 7 & 8 G. 4. c. 29. 9 G. 4. c. 55. 6 An Act to amend the Laws in England and Ireland relative to Larceny and other Offences connected therewith. [3d April 1849.] WHEREAS by an Act passed in the Eighth Year of King George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to Larceny and other Offences connected therewith, it was among other things enacted, that every Person convicted of Simple Larceny, or of any Felony thereby made punishable like Simple Larceny, should (except in the Cases therein-after otherwise provided for) be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of Seven Years, or to be otherwise punished as by the said Act provided: And whereas by an Act passed in the Ninth Year of King George the Fourth, 'intituled An Act for consolidating and amending the Laws in • Ireland relative to Larceny and other Offences connected therewith, it was among other things enacted, that every Person convicted of Simple Larceny, or of any Felony thereby made punishable like Simple Larceny, should (except in the Cases therein-after otherwise provided for) be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of Seven Years, or to be otherwise punished as by the same Act provided: And whereas it is expedient to abolish the Punishment of Transportation for the Offence of Simple Larceny, and for Felonies by the said Acts made punishable like Simple Larceny:' 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 Punishment of Parliament assembled, and by the Authority of the same, That Transportation from and after the First Day of May One thousand eight hundred taken away in and forty-nine so much of the recited Provisions of the said Acts the Case of respectively as makes any Person convicted of Simple Larceny, or of any Felony by such Acts respectively made punishable like Simple Larceny, (except in the Cases therein-after otherwise provided for,) liable to be transported beyond the Seas for the Term of Seven Years, shall be repealed, but every Person so convicted shall be liable, at the Discretion of the Court, to be otherwise punished as by the said Acts respectively is provided. Simple Larceny. Tenants and ing from Houses, exceed 51., punishable as before the 6 II. Provided always, and be it enacted, That if any Person shall steal any Chattel or Fixture let to be used by him or her in &c. if the Value or with any House or Lodging, whether the Contract shall have been entered into by him or her, or by her Husband, or by any Person on behalf of him or her or her Husband, in case the ing of this Act. Value of the Article or Articles stolen shall exceed the Sum of Five Pounds, every such Offender, being convicted thereof, shall be liable to be punished as if this Act had not been passed. III. Provided also, and be it enacted, That where any Person after Two pre- has been twice convicted of any of the Offences punishable upon pass Larceny, &c., Vous summary summary c. 59. 7 & 8 G. 4. c. 30. summary Conviction under the Provisions contained in the said Convictions, recited Acts, or an Act of the Eleventh Year of Her Majesty, before the passpunishable as intituled An Act for the more speedy Trial and Punishment of ing of this Act. Juvenile Offenders, or an Act of the Twelfth Year of Her Ma- 10&11 Vict. jesty, intituled An Act for the more speedy Trial and Punishment c. 82. of Juvenile Offenders in Ireland, or an Act of the Eighth Year of 11&12 Vict. King George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to malicious Injuries to Property, or an Act of the Ninth Year of King George the Fourth, intituled An Act for consolidating and amending the Laws 9G. 4. c. 56. in Ireland relative to malicious Injuries to Property, (whether cach of the Convictions has been in respect of an Offence of the same Description or not, and whether such Convictions, or either of them, be before or after the passing of this Act,) if the Person so twice convicted shall afterwards commit the Offence of Simple Larceny, or any Offence by the said firstly and secondly recited Acts respectively made punishable like Simple Larceny, such Offender, being convicted thereof, shall be liable to be punished as if this Act had not been passed. it shall be suf IV. And be it enacted, That in any Indictment against any In Indictments Person who shall have been twice convicted of Offences punish- against Persons able upon summary Conviction as aforesaid it shall be sufficient twice convicted, to state that such Person was at certain Times and Places so ficient to state twice convicted as aforesaid, without otherwise describing the the Fact, and certified Copies Offences of which such Person was so convicted as aforesaid, and of Convictions a Copy of any such Conviction, certified by the proper Officer of to be Evidence. the Court of General or Quarter Sessions to which such Conviction shall have been transmitted or returned, or proved to be a true Copy, shall be sufficient Evidence to prove such Convic tion, and such Conviction shall be presumed to be unappealed against unless the contrary be shown. 6 6 CAP. XII. An Act for the Regulation of Her Majesty's Royal Marine Forces while on shore. [3d April 1849.] WHEREAS it is judged necessary for the Safety of the United Kingdom, and the Defence of the Possessions of this Realm, that a Body of Royal Marine Forces should be employed in Her Majesty's Fleet and Naval Service, under the Direction of the Lord High Admiral of the United Kingdom, or the Commissioners for executing the Office of Lord High Admiral aforesaid: And whereas the said Forces may frequently be quartered or be on shore, or sent to do Duty or be on board Transport Ships or Merchants Ships or Vessels, or Ships or Vessels of Her Majesty, or other Ships or Vessels, or they may be under other Circumstances in which they will not be subject to the Laws relating to the Government of Her Majesty's Forces by Sea: And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm by Martial Law, or in Lord High Admiral, &c. may make Ar. ticles for the Punishment of Mutiny, Desertion, &c. Offences against former Mutiny Acts and Articles of War. any other Manner than by the Judgment of his Peers, and according to the known and established Laws of this Realm; yet nevertheless it being requisite for the retaining of such Forces in their Duty that an exact Discipline be observed, and that Marines who shall mutiny or stir up Sedition, or shall desert Her Majesty's Service, or be guilty of any other Crime in breach of good Order and Discipline, 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 shall be lawful for the said Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral aforesaid, to make, ordain, and establish Rules and Articles of War under the Hand of the said Lord High Admiral, or under the Hands of any Two or more of the said Commissioners, for the better Government of Her Majesty's Royal Marine Forces, and for the Punishment of Mutiny, Desertion, Immorality, Breach of Discipline, Misbehaviour, Neglect of Duty, and any other Offence or Misconduct of which they shall be guilty, in any Place on shore or afloat in or out of Her Majesty's Dominions, or at any Time when or under any Circumstances in which they shall not be amenable to the Laws for the Government of Her Majesty's Ships, Vessels, and Forces by Sea, or to the Discipline of the Royal Navy, which Rules and Articles shall be judicially taken notice of by all Judges and in all Courts whatsoever; and Copies of the same shall, as soon as conveniently may be after the same shall have been made, be transmitted by the Secretary of the Admiralty for the Time being (certified under his Hand) 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 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 Crimes and Offences committed against any former Act made for the Regulation of the Royal Marine Forces while on shore, or against any of the Rules, Regulations, or Articles of War made and established by virtue of the same, may during the Continuance of this Act be tried, inquired of, and punished in like Manner as if they had been committed against this Act and every Warrant for holding any Court-martial under any former Act shall remain in full Force notwithstanding the Expiration of such Act; and all Proceedings of any Court-martial upon any Trial begun under the Authority of such former Act shall not be discontinued by the Expiration of the same: Provided always, that no Person Limitation as shall be liable to be tried and punished for any Offence against to Time. any of the said Acts or Articles of War which shall appear to have been committed more than Three Years before the Date of the Commission or Warrant for such Trial, unless the Person accused, by reason of his having absented himself, or of some other manifest Impediment, shall not have been amenable to Justice within that Period, in which Case such Person shall be liable to be tried at any Time not exceeding Two Years after the Impediment shall have ceased; and provided also, that if any Officer or Marine in any Place beyond the Seas shall commit any of the Offences punishable by Court-martial under this Act, and shall escape, and come or be brought into this Realm before he be tried for the same, he shall, when apprehended, be tried for the same as if such Offence had been committed within this Realm. 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, &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 Trial and Punishment of Officers and Marines who shall be charged with Mutiny and Desertion or any other of the Offences which are by this Act declared to be punishable by the Sentence of a Court-martial, and also to the Provisions which relate to the Punishment of Persons who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Clothes, Military Furniture, or Regimental Necessaries from any Marine or Deserter, or who shall cause the Colour of any such Clothes to be changed, and also to the Provisions for exempting Marines from being taken out of Her Majesty's Service for not supporting or for leaving chargeable to any Parish any Wife or Child or Children, or on account of any Breach of Contract to serve or work for any Employer, or on account of any Debts under Thirty Pounds, in the said Islands. not to be inter IV. And be it enacted, That nothing in this Act contained The ordinary shall be construed to exempt any Officer or Marine from being Course of Law proceeded against by the ordinary Course of Law for Crimes fered with. thereby cognizable; and any Commanding Officer who shall neglect or refuse, when due Application shall be made to him for that Purpose, to deliver over to the Civil Magistrate any Officer or Marine charged with any capital Offence, or with any Violence or Offence against the Person or Property of any Her Majesty's Subjects punishable by the known Laws of the Land, or who shall wilfully obstruct, neglect, or refuse to assist any Peace Officer in apprehending any such Offender, shall, upon Conviction thereof in any of Her Majesty's Courts at Westminster, Dublin, or Edinburgh, be deemed to be thereupon cashiered, and shall be utterly disabled to hold any Civil or Military Office or Employment in Her Majesty's Service; and a Certificate of such F4 |