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Persons employed in the Commissariat,

&c. liable to the

Provisions of this Act while

serving with the Forces.

Storekeepers

and other Civili
Officers liable
to the Provi-
sions of this
Act.

Securities.

entered into by such Storekeep

ers, &c. not ta be affected..

Troops raised or serving in His Majesty's Provinces, &c. acting in conjunction with His Majesty's

Act, and shall in all respects whatsoever be holden to be within the Intent and Meaning of every Part of this Act during the Continuance of the same, and shall be quartered and billetted, together with the Horses employed for the Service of the said Corps, in the same Manner and under the same Penalties and Regulations as are directed by this Act to be observed in quartering and billetting the Officers, Soldiers, and Horses of His Majesty's other Forces; and all Innkeepers and others on whom the Officers and Persons serving in the said Corps, and the Horses employed therein, shall be legally quartered, refusing to receive and provide for them as is directed for the Officers, Soldiers, and Horses in His Majesty's other Forces, shall be subject to the same Penalties as in the Case of His Majesty's other Forces.

'CXLIII. And Whereas Doubts have arisen whether Officers and Persons commissioned or employed in the Commissariat Department, or in the Office of Storekeeper to His Majesty's Regular Forces, be within the Intent and Meaning of this Act;' Be it declared and enacted, That all Officers and Persons who are or shall be commissioned or employed in the Commissariat Department, or as Storekeeper, or under the Storekeeper General, who are or shall be serving with any Part of His Majesty's Forces at Home or Abroad, and are or shall be placed under the Command of any General or other Officer having Commission from His Majesty, shall be, to all Intents and Purposes, liable to the Provisions of this Act, and to the same Rules and Articles of War, and the same Penalties and Punishments, as in the Case of His Majesty's other Forces.

• CXLIV. And Whereas it is expedient that the Provisions of this Act should be extended to the Storekeepers and other Civil Officers acting under the Ordnance at Foreign Stations;' Be it therefore enacted, That all Storekeepers and other Civil Officers, who are or shall be employed by or act under the Ordnance, at any of His Majesty's Ordnance Establishments at Foreign Stations, shall be to all Intents and Purposes liable to the Provisions of this Act, and to the same Rules and Articles of War, and the same Penalties and Punishments, as in the Case of the other Officers and Persons acting under the Ordnance hereinbefore made liable to this Act.

CXLV. Provided always, and be it further enacted, That nothing in this Act contained shall extend, or be any ways construed to extend, to affect or make void any Bond or other Security which has been or shall be given or entered into by such Storekeepers or other Officers and 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 late Majesty, 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.

'CXLVI. And Whereas great Mischief and Inconvenience may arise if it should be doubted whether Troops in Pay, raised or serving in any of His Majesty's Provinces, Governments, Colonies or Dominions, or in Countries, Colonies, or Places in Possession of or occupied by His Majesty's Subjects, or any 'Forces of His Majesty, are, while under the Command of any • Officer

liable to the same Martial Laws.

Officers and
Soldiers of such
Troops sent
over to Great

Officer having any Commission immediately from His Majesty, other Forces, liable to the same Rules and Articles of War, and the same 'Penalties and Punishments, as His Majesty's other Forces are 'subject to; To prevent such Mischief, and remove all Doubts, be it declared and enacted, That all Officers and Soldiers of any Troops being mustered and in Pay, which have been or are or shall be raised or serving as aforesaid, shall at all Times and in all Places be liable to Martial Law and Discipline, in like Manner to all Intents and Purposes as His Majesty's other Forces are, and shall be subject to the same Trial, Penalties, and Punishments. CXLVII. And Whereas the Officers and Soldiers of the said Troops, being taken Prisoners, are frequently sent over to 'Great Britain or Ireland in a very distressed Condition: And Whereas their Pay is not sufficient to provide them with necessary Lodgings and Accommodations;' Be it therefore enacted, That during the Continuance of this Act it shall be lawful for the Constables and other Civil Magistrates within England, Ireland, Wales, and Town of Berwick-upon-Tweed, to quarter and billet the Officers and Soldiers of such Troops in all such Houses as are liable by this Act to receive the Officers and Soldiers of His Majesty's other Forces; and the said Constables and other Civil Magistrates are hereby required to quarter and billet the Officers and Soldiers of such Troops in the same Manner and under the same Regulations and Penalties as are directed by this Act to be observed in quartering and billetting the Officers and Soldiers of His Majesty's other Forces; and all Persons on whom the Officers and Soldiers of the said Troops shall be legally quartered, refusing to receive and provide for them as is directed for the Officers and Soldiers of His Majesty's other Forces, shall be subject to the same Penalties as in the Case of His Majesty's other Forces.

CXLVIII. And be it further enacted, That from and after the passing of this Act all Negroes purchased by or on account of His Majesty, His Heirs and Successors, and serving in any of His Majesty's Forces, shall be and be deemed and taken to be free, to all Intents and for all Purposes whatever, in like Manner in every respect as if such Negroes had been born free in any Part of His Majesty's Dominions; and that such Negroes shall also to all Intents and Purposes whatever be considered as Soldiers having voluntarily enlisted in His Majesty's Service.

Britain or Ireland, to be quartered and billetted as His Majesty's other

Forces.

Negroes purchased, and serving in the

Forces, shall be deemed free.

Certain Provisions of this Act not to extend

to Negroes pur chased by or on account of His

CXLIX. Provided always, and be it further enacted, That nothing in this Act contained as to enlisting for any limited Periods of Service, or contained in any other Act as to any Rules or Regulations for the granting any Pensions or Allowances to any Soldiers discharged after certain Periods of Service, shall extend or be deemed or construed in any Manner to extend Majesty. to any Negroes purchased by or on account of His Majesty, His Heirs and Successors, and serving in any of His Majesty's Forces. CL. And be it further enacted, That this Act shall extend Persons emto all Serjeants and Noncommissioned Officers or Persons em- ployed on Reployed on the Recruiting Service, receiving any regular Pay in cruiting Serrespect of such Service; and all such Serjeants and Noncom- ing regular missioned Officers and Persons employed on the Recruiting Ser- Pay, subject to vice, receiving any regular Pay in respect of such Service, shall Provisions of be liable to Martial Law and Discipline, in like Manner to all this Act. Intents

7 & 8 GEO. IV.

F

vice, and receiv

This Act not to extend to the Militia, &c. further than is

directed by the Laws relating

thereto.

Exceptions.

Militia and

Fencible Men, when in actual Service, to be regularly mustered, &c.

In what Cases this Act shall

extend to Jersey, Guernsey, &c.

Persons taking a false Oath guilty of Perjury.

Persons sued,

except in Scot land, may plead

the General Issue.

Intents and Purposes as His Majesty's other Forces, and be subject to the same Trial, Penalties, and Punishments.

CLI. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be in anywise construed to extend to concern any of the Militia Forces or Yeomanry or Volunteer Corps in Great Britain or Ireland, or in Jersey, Guernsey, Alderney, Sark, or Man, or the Islands thereto belonging, excepting only in such Case wherein by any Act or Acts for regulating any of the Militia Forces or Yeomanry or Volunteer Corps in Great Britain or Ireland, the Provisions contained in this Act, or in any Act for punishing Mutiny and Desertion which shall be then in force, are extended and meant to take place in respect to the Officers and Soldiers of the Militia Forces or Yeomanry or Volunteer Corps in Great Britain and Ireland; and also except so far as relates to the Mustering of the said Militia Forces, according to the Provisions hereinafter mentioned. CLII. And for the better ascertaining the Number of effective Men of the Regiments of Militia when embodied and in actual Service; Be it further enacted, That from and after the passing of this Act, every Regiment or Corps of Militia and Fencible Men, when embodied and in actual Service, shall be regularly mustered by Commissaries appointed for that Purpose, in the same Manner and as often as the rest of the Army is usually mustered; and the Magistrates shall have the same Powers and Authorities, and both Officers and Men shall be subject to the same Regulations, Restrictions, and Penalties, as are imposed on the Officers and Soldiers of the rest of the Army by virtue of this Act.

CLIII. And be it further enacted, That this Act shall be construed to extend to the Islands of Jersey, Guernsey, Alderney, Sark, and Man, and the Islands thereto belonging, as to the Clauses therein for mustering and paying, and to the Provisions for the Trial and Punishment of Officers and Soldiers who shall be charged with Mutiny or Desertion, or any other of the Offences which are by this Act declared to be punishable by the Sentence of a General, or Garrison, or Detachment, or Regimental Court-martial; and also to the Clauses which relate to the Punishment of Persons who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Clothes, Caps, or other Furniture belonging to the King, or any such Articles generally deemed Regimental Necessaries, from any Soldier or Deserter, or who shall cause the Colour of any such Clothes to be changed.

CLIV. And be it further enacted, That any Person taking a false Oath, in any Case wherein an Oath is required to be taken by this Act, shall be deemed guilty of wilful and corrupt Perjury, and being thereof duly convicted shall be liable to such Pains and Penalties as by any Laws now in force any Persons convicted of wilful and corrupt Perjury are subject and liable to.

CLV. And be it further enacted (except in Scotland, as hereinafter provided), That if any Action, Bill, Plaint, or Suit shall be brought against any Person or Persons, for any Act, Matter, or Thing to be acted or done in pursuance of this Act, it shall and may be lawful to and for all and every Person and Persons

sued

sued as aforesaid, to plead thereunto the General Issue, that he or they are Not Guilty, and to give such Special Matter in Evidence to the Jury which shall try the Issue, which Special Matter being pleaded had been a good and sufficient Matter in Law to have discharged the said Defendant or Defendants of the Trespass or other Matter laid to his or their Charge; and if the Verdict shall pass with the said Defendant or Defendants in any such Action, the Plaintiff or Plaintiffs therein become nonsuit, or suffer any Discontinuance thereof, that in every such Case the Justice or Justices, or such other Judge before whom the said Matter shall be tried, shall by force and virtue of this Act allow unto the Defendant or Defendants his or their Treble Costs, Treble Costs. which he or they shall have sustained by reason of their wrongful Vexation in Defence of the said Action or Suit; for which the said Defendant or Defendants shall have the like Remedy as in other Cases where Costs by the Laws of this Realm are given to the Defendants.

CLVI. And be it further enacted, That every Bill, Plaint, Action, or Suit against any Person or Persons for any Act, Matter, or Thing to be acted or done in pursuance of this Act, or against any Member or Minister of a Court-martial, in respect of any Sentence of such Court, or of any thing done by virtue or in pursuance of such Sentence, shall be brought in some of the Courts of Record at Westminister or in Dublin, or the Court of Session in Scotland, and in no other Court whatsoever.

CLVII. And be it further enacted, That if any Action shall be raised or Complaint shall be preferred against any Person or Persons in Scotland, for any Act, Matter. or Thing to be acted or done in pursuance of this Act, such Action shall be raised and Complaint preferred in the Court of Session; and if such Court shall see fit to assoilzie the Defendant, or dismiss the Complaint, the Defendant or Defendants shall have Treble Costs awarded to him or them by the said Court.

In what Courts

Suits shall be brought.

In Scotland Actions shall e preferred in

the Court of Session.

Offences against former Mutiny Acts punishable by this Act.

CLVIII. Provided always, and be it further enacted, That no Limitation of Action shall be brought, or Prosecution carried on, by virtue of Actions. this Act, for the Penalties aforesaid, unless the same be commenced within Six Months after the Offence is committed. CLIX. And in order to prevent all Doubts that may arise in relation to punishing Crimes and Offences committed against former Acts made in Great Britain and Ireland respectively for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters, or against any of the Articles of War made and established by virtue of the same; be it further enacted, That all Crimes and Offences which have been committed against any Act for punishing Mutiny and Desertion, and for the better Payment of the Ariny and their Quarters, or against any of the Articles of War made and established by virtue of the same, shall and may, during the Continuance of this Act, be inquired of, heard, tried, determined, adjudged, and punished, before and by the like Courts, Persons, Powers, Authorities, Ways, Means, and Methods, as the like Crimes and Offences committed against this Act may be inquired of, heard, tried, determined, adjudged, and punished; and every Warrant for holding any Court-martial under any former Act shall remain

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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, but it shall be lawful to proceed to Judgment upon any such Trial, and to carry such Judgment into Execution, in like Manner as if the Proceedings had been commenced under the Authority of this Act.

CLX. Provided always, That no Person shall be liable to be tried and punished for any Offence against any of the said Acts or Articles of War which shall appear to have been committed more than Three Years before the issuing 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.

CLXI. And for the more easy Conviction of Offenders against this Act, be it enacted, That in case any Persons shall be convicted of any Offences by which they shall become liable to any of the pecuniary Penalties under this Act, the following shall be the Form of Conviction:

• County of E it remembered, That on the

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in the Year of our Lord

Day of

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the County aforesaid, A. B. came before me [or us] One [or
Two] of His Majesty's Justices of the Peace in and for the
said County, and informed me [or us] upon Oath, that G. H. of
Day of
now last past at

on the

at

in the said County, did [here set forth the Fact in the Manner described in the Statute]; whereupon the said G. H., after being duly summoned to answer the said Charge, appeared before me [or us] the said Justice [or Justices] on the ' Day of in the said County, and having heard the Charge contained in the said Information, declared that he was not guilty of the said Offence; but the same being fully proved upon the Oath of I. K. a credible Witness, it manifestly appeared to me [or us] the said Justice [or Justices] that he the said G. H. is guilty of the said Offence charged upon him in the said Information: It is therefore considered and adjudged by me [or us] the said Justice [or Justices] that he the said G. H. be convicted, and I [or we] do hereby convict him of the Offence aforesaid; and I [or we] do hereby declare and adjudge that the said G. H. hath forfeited the Sum of for the Offence aforesaid, to be distributed as the Law directs, according to the Statute in that Case made and provided.

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"Given, et cetera.'

CLXII. And be it further enacted, That this Act shall be and continue in force within Great Britain from the Twenty fourth Day of March One thousand eight hundred and twenty seven, until the Twenty fifth Day of March One thousand eight hundred and twenty eight; and shall be and continue in force within Ireland, and in Jersey, Guernsey, Alderney, Sark, and Isle of Man,

and

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