Penalty as re &c. 10 & 11 VICT. himself from his Duty, or shall conceal, employ, or continue to employ any Person belonging to Her Majesty's Navy who shall be a Deserter, or improperly absent from his Duty, knowing him to be such a Deserter or so improperly absent, shall forfeit and pay the Sum of Thirty Pounds for every such Assistance, Procurement, Concealment, Employment, or continuing of Employment as aforesaid. XII. And be it enacted, That every Governor, Gaoler, and gards Gaolers, Keeper of any Prison, Gaol, or House of Correction, and every Officer having the Charge or Command of any Place, Ship, or Vessel for Imprisonment, who shall refuse or neglect to receive or confine, remove, discharge, or deliver up any Prisoner or Offender as herein prescribed, shall forfeit for every such Refusal or Neglect the Sum of One hundred Pounds. Recovery and XIII. And be it enacted, That all Penalties and Forfeitures imposed by this Act shall and may be recovered with Costs, either by Information or Complaint, by summary Proceedings before any Justice or Justices of the Peace residing in or near to the Place where the Offence shall be committed, or where the Offender shall at any Time happen to be, and whether the Offence be committed in or out of Her Majesty's Dominions, or within the Jurisdiction of the Admiralty of England, or not; and if the Sum imposed as a Penalty by any such Justice or Justices shall not be paid, either immediately after the Conviction or within such reasonable Time as such Justice or Justices shall at the Time of the Conviction appoint, it shall be lawful for the Justice or Justices to commit the Offender or Offenders to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, according to the Discretion of such Justice or Justices, for any Term not exceeding Six Calendar Months, the Commitment to be determinable upon Payment of the Amount and Costs; and all Penalties and Forfeitures recoverable under this Act shall be paid and applied in manner following; (that is to say,) One Moiety of such Penalty shall be paid to the Informer or Complainant, and the Residue thereof shall be paid to the Commissioners of Greenwich Hospital, any thing in an Act passed in the Sixth Year of the Reign of His late Majesty King William 5&6 W.4.c.76. the Fourth, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, or in any other Act or Acts of Parliament, to the contrary notwithstanding. Power to sum XIV. And be it enacted, That any Justice or Justices of the mon Witnesses. Peace may summon any Witness to appear and give Evidence before him or them upon any Matter cognizable under this Act, at a Time and Place appointed for hearing the Information or Complaint, and by Warrant under his Hand and Seal or their Hands and Seals may require any Person to be brought before him or them, who shall neglect or refuse to appear to give Evidence at the Time or Place appointed in such Summons, Proof upon Oath being first given of personal Service of the Summons upon the Person against whom such Warrant shall be granted; and such Justice or Justices may commit any Person coming or brought before him or them, who shall refuse to give Evidence, to any Common Gaol or House of Correction, there to remain without Bail or Mainprize for any Time not exceeding Six Calendar Months, or until such Person shall sooner submit himself to be examined, and in case of such Submission the Order of any such Justice or Justices shall be sufficient Warrant for the Discharge of such Person. XV. And be it enacted, That the Justice or Justices before Formo f Conor by whom any Person or Persons shall be summarily con- viction. victed of any Offence against this Act, may cause the Conviction to be drawn up in the following Form of Words, or in any other Form of Words to the same Effect, as the Case shall require; (that is to say,) BE it remembered, That on the in the Year of our Lord in the County of Day of at [or, Riding, Division, Liberty, City, et cætera, as the Case may be,] A.O. is con'victed before me [or us, naming the Justice or Justices,] One [or Two] of Her Majesty's Justices of the Peace for the said County [or Riding, et cætera], for that he the said A. O. did [specify the Offence and the Time and Place when and where the same was committed, as the Case may be,] and I [or we] the said Justice [or Justices] do adjudge the said A. O., for his said Offence, to forfeit and pay the Sum of "[here state the Amount of Fine imposed,] and I [or we] the said Payment of the said Sums of ⚫ default of Payment of the said Sums of on or before the Day of Justice [or Justices] do adjudge the and Ι and [or in ]I [or we] the said said AO. to be impri'soned [or to be imprisoned and kept to hard Labour] in the • of the said Sum of for the Space of unless the said • Sums shall be sooner paid; and I [or we] direct that the Sum Part of the said Penalty, together with for Costs, shall be paid to C. D., [the Party informing or complaining], and the Residue of the 'said Penalty shall be paid to the Commissioners of Greenwich Hospital. Given under my Hand [or our Hands] the Day and Year 'first above written.' XVI. And be it enacted, That no Conviction urider this Act No Certiorari, shall be quashed for Want of Form, or be removed by Certiorari &c. or otherwise, into any of Her Majesty's Superior Courts of Record, and no Warrant, Commitment, or Order for Imprisonment shall be held void by reason of any Defect the rein, provided it be therein alleged that the Person has been convicted or ordered to be imprisoned, and there be a good and, valid Conviction or an Offence to sustain the same. XVII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during this pre sent Session of amended, &c. Parliament. [No. 36. Price 2d.] Nn CAP. CAP. LXIII. An Act for limiting the Time of Service in the Royal Marine Forces. [2d July 1847.] WHEREAS it is expedient to amend the System of Enlistment now in use in the Royal Marine Forces:' 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 after the passing of this Act no Person shall be enlisted to serve in the Royal Marine Forces as a Marine for a longer Term than Twelve Years, to be reckoned Marine limited. from the Day on which the Recruit shall have been attested, if he shall have stated himself to be then of the Age of Eighteen Years, or if not, then from the Day on which he will complete the Age of Eighteen Years, to be reckoned according to the Age stated in his Attestation. After passing of this Act the Period for Enlistment for a II. And be it enacted, That such of the Questions relative to Enlistment as are contained in the Schedule of an Act passed in the present Session of Parliament, intituled An Act for the Regulation of Her Majesty's Royal Marine Forces while on Shore, as relates to the enlisting and attesting of Marines shall be repealed, and that in all Cases of Enlistment to serve in the Royal Marine Forces the Questions directed to be put on the Attestation of Recruits as to their Willingness to serve shall be in the Form contained in Schedule (A.) hereto annexed. III. And be it enacted, That any Marine at any Time during the last Six Months of the Term of limited Service for which he shall have first engaged, or after the Completion of such Term, may, if approved by his Commanding Officer or other competent Authority as a fit Person to continue in Her Majesty's Service as a Marine, be re-engaged to serve for the further Term of Twelve Years in the Royal Marine Forces, upon making a Declaration in the Form given in the Schedule marked (B.), and annexed to this Act, before any One of Her Majesty's Justices of the Peace in Great Britain or Ireland, or if not in Great Britain or Ireland, before any Person duly appointed by the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, in that Behalf, or who, under any Act now in force or which shall hereafter be in force for the Regulation of Her Majesty's Royal Marine Forces while on Shore, has or shall have Power to enlist and attest out of Great Britain and Ireland any Marines or Persons desirous of enlisting or re-enlisting into the Royal Marine Forces. IV. Provided also, and be it enacted, That any Marine who shall be ordered on Foreign Service, and who is within Three Years of the Expiration of his first Engagement, shall be at liberty, with the Approbation of his Commanding Officer, to re-engage, before he embarks for such Foreign Service, for such Period as shall complete a total Service of Twenty-four Years, according according to the Form given in Schedule (B.), and annexed to this Act. expire while may be pro V. Provided always, and be it enacted, That if either the If Terms of First or Second Term of limited Service for which any Marine limited Services shall have so engaged shall expire while he is serving on any Marines are on Foreign Station, the said First or Second Term of limited any Foreign Service may be prolonged for such further Time, not exceeding Station, they Two Years, as shall be directed by the Commanding Officer longed for a on such Foreign Station; and that any Marine who shall give further Time. Notice to his Commanding Officer, after completing his Second Term of limited Service, that he is desirous of continuing in Her Majesty's Service as a Marine, and being approved by his Commanding Officer or other competent Authority, may be continued in such Service as a Marine so long as he shall desire to be so continued, and until the Expiration of Three Calendar Months after he shall have given Notice to his Commanding Officer of his Wish to be discharged, and for that Purpose shall be considered in all respects during such Time as if his Term of Service were still unexpired. Terms of Ser themselves, they VI. Provided also, and be it enacted, That if at the Expira- If at the Extion of such First or Second Term of limited Service, or of such piration of such Term of prolonged Service, any Marine entitled to his Dis- vice Marines charge being on any Foreign Station shall not be willing to are unwilling re-engage or to continue in Her Majesty's Service, his Com- to re-engage manding Officer shall, as in the Case of Marines invalided, take shall be conthe usual Measures, with all convenient Despatch, for the Con- veyed home. veyance of such Marine to England, and on the Arrival of such Marine in England he shall be finally discharged: Provided always, that during such Time as may elapse between the Expiration of such Terms of Service as aforesaid and his final Discharge in England such Marine shall remain subject to the same Discipline as fully as he may have been subject thereto before the Expiration of such Terms of Service: Provided also, that If Marines deif at the Expiration of any such First or Second Term of sire to remain limited Service, or of such Term of prolonged Service, any Governor, &c. Marine being in any of Her Majesty's Colonies shall claim his may permit Discharge, and shall signify to the Governor of such Colony them to do so. through the Commanding Officer of such Marine his Desire to remain in such Colony, it shall be lawful for such Governor, if he shall think fit, with the Consent of such Commanding Officer, to permit such Marine to remain therein, and thereupon such Marine shall be finally discharged, and shall not be entitled to claim to be conveyed to England at the public Charge at any future Period. in the Colony, If Term of Enlistment of Marine expire after any Offence committed, &c., VII. And be it enacted, That if the Term for which any Non-commissioned Officer or Marine shall have been enlisted or re-engaged, or for which his Term of Service may have been prolonged as aforesaid, shall expire after any Offence committed by him, and before he has been tried or punished for the same, such Non-commissioned Officer or Marine shall, notwithstanding the Service till the Expiration of his Term of Service, be deemed and taken to after Trial, &c. be still in the Royal Marine Forces for the Purpose of under- for the same. going Nn 2 he shall be deemed to be in If Marines are absent from Duty by reason of Imprisonment, &c., such Portion of Time not to be reckoned as Enlistment. 10 & 11 VICT. going his Trial and Punishment, but for no other Purpose: Provided always, that no Non-commissioned Officer or Marine shall be so tried after the Expiration of his Service, except by a Naval Court-martial, or by a General or District or Garrison Court-martial, as the Case may require. any VIII. And be it enacted, That if any Non-commissioned Officer or Marine shall have been absent from his Duty during Portion of the Time limited by his Enlistment or Re-engagement or Prolongation of Service by reason of his Imprisonment, whether under Sentence of a Court-martial or of any other Court duly authorized to pass such Sentence, or by reason of his Part of limited Confinement for Debt, or by reason of his Desertion, such Portion of his Time shall not be reckoned as a Part of the limited Service for which such Non-commissioned Officer or Marine was enlisted or re-engaged, or for which his Term of Service may have been prolonged as aforesaid; and if any Non-commissioned Officer or Marine shall have been absent from his Duty during any Portion of the Time limited by his Enlistment or Re-engagement or Prolongation of Service by reason of his having been made a Prisoner of War, the Circumstances under which he was so made a Prisoner shall, on his rejoining Her Majesty's Service, be subjected to Inquiry by a Court-martial; and if it shall appear to the Satisfaction of the Court that he was taken Prisoner through his own wilful Neglect of his Duty, or that he has or has not returned to his Duty so soon as he could and ought to have returned, the Court may, by its Sentence, direct that all or any Part of the Time during which such Non-commissioned Officer or Marine shall have been so absent may be deducted from his Term of Service. Period at which Act to take effect. Act may be amended, &c. IX. And be it enacted, That this Act shall take effect from and after the First Day of August One thousand eight hundred and forty-seven. X. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. SCHEDULES to which the foregoing Act refers. SCHEDULE (A.) QUESTIONS to be put separately by the JUSTICE to a RECRUIT on ENLISTING. 1. What is your Name ? 2. In what Parish, and in or near what Town, and in what County were you born? 3. What is your Age? 4. What is your Trade or Calling? 5. Are you an Apprentice? 6. Are you married? 7. Are you ruptured or lame; have you ever been subject to Fits; or have you any Disability or Disorder which impedes the free Use of your Limbs, or unfits you for ordinary Labour? |