Appropriation of Penalties. 7 VICT Kingdom, and may be recovered in the British Isles, or in any other Parts of Her Majesty's Dominions, in any of the Royal or Superior Courts of such Isles or other Parts of Her Majesty's Dominions. LXXVIII. And be it enacted, That One Moiety of every Penalty, not including any Treble Value of any Articles adjudged or recovered under the Provisions of this Act, shall go to the Person who shall inform or sue for the same, and the Remainder of the Penalty, together with the Treble Value of any Articles, or where the Offence shall be proved by the Person who shall inform, the Whole of the Penalty, shall be paid to the General Agent for the Recruiting Service in London, to be at the Disposal of the Secretary at War, any thing in an Act passed in the Fifth and Sixth Years of the Reign of His late Majesty King 5&6W.4.c.76. William the Fourth, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, or in any other Act or Acts, to the contrary notwithstanding; and every Justice who shall adjudge any Penalty under this Act shall, within Four Days at the farthest, report the same to the Secretary at War. Administration of Oaths. Perjury. Duration of the Act. LXXIX. And be it enacted, That all Oaths and Declarations which are authorized and required by this Act may be administered (unless where otherwise provided) by any Justice of the Peace, or Magistrate acting as such; and that any Person taking a false Oath or Declaration in any Case wherein an Oath or Declaration is required to be taken by this Act shall be deemed guilty of wilful and corrupt Perjury, or of making a false Declaration, and being thereof duly convicted shall be liable to such Pains and Penalties as by any Laws in force any Persons convicted of wilful and corrupt Perjury are subject and liable to. LXXX. And be it enacted, That this Act shall be and continue in force within Great Britain from the Twenty-fifth Day of April One thousand eight hundred and forty-four inclusive until the Twenty-fifth Day of April One thousand eight hundred and forty-five; and shall be and continue in force within Ireland, and in Jersey, Guernsey, Alderney, Sark, and Isle of Man, and the Islands thereto belonging, from the First Day of May One thousand eight hundred and forty-four inclusive until the First Day of May One thousand eight hundred and forty-five; and shall be and continue in force within the Garrison of Gibraltar, the Mediterranean, and in Spain and Portugal, from the First Day of August One thousand eight hundred and forty-four inclusive until the First Day of August One thousand eight hundred and forty-five; and shall be and continue in force in all other Parts of Europe where Her Majesty's Forces may be serving, and in the West Indies and America, from the First Day of September One thousand eight hundred and forty-four inclusive to the First Day of September One thousand eight hundred and forty-five, and shall be and continue in force within the Cape of Good Hope, the Isle of France or Mauritius and its Dependencies, Saint Helena, and the Western Coast of Africa, from the First Day of January One thousand eight hundred and forty-five inclusive inclusive until the First Day of January One thousand eight hundred and forty-six; and shall be and continue in force in all other Places from the First Day of February One thousand eight hundred and forty-six inclusive until the First Day of February One thousand eight hundred and forty-seven: Provided that this Act shall, from and after the Receipt and Promulgation thereof in General Orders in any Part of Her Majesty's Dominions beyond the Seas, become and be in full Force; any thing hereinbefore contained to the contrary notwithstanding. LXXXI. And be it enacted, That this Act may be amended Alteration of or repealed by any Act to be passed in this present Session of the Act. Parliament. SCHEDULES to which this Act refers. FORM of OATHS to be taken by MEMBERS of Courts MARTIAL. YOU shall well and truly try and determine according to the So help you GOD. I I FORM of OATH of a JUDGE ADVOCATE. do swear, That I will not, upon any Account whatsoever, disclose or discover the Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof as a Witness by a Court of Justice or a Courtmartial in a due Course of Law; and that I will not, unless it be necessary for the due Discharge of my official Duties, disclose the Sentence of the Court until it shall be duly approved. So help me GOD. QUESTIONS to be put separately by the JUSTICE to a RECRUIT. Enlisting for unlimited Service. 1. What is your Name? 2. In what Parish, and in or near what Town, and in what County, were you born? 3. What 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? 8. Are you willing to be attested to serve in the Regiment of until you shall legally be 9. On what Day, at what Hour, and by whom were you enlisted? 10. For what Bounty did you enlist? 11. Do you now belong to the Militia? 12. Do you belong to any other Regiment, or to the Marines, Ordnance, or Navy, or to the Forces of the East India Company? 13. Have you ever served in the Army, Marines, Ordnance, or Navy, or in the Forces of the East India Company? 14. Have you ever been rejected as unfit for Her Majesty's Service, or for the Service of the East India Company, upon any prior Enlistment? Note. The Justice is directed in putting the Eleventh Question to the Recruit, and before he receives his Answer, distinctly to apprize the Recruit that if he belongs to the Militia, and denies the Fact, he is liable to Six Months Imprisonment. Enlisting for unlimited Service in Her Majesty's Colonies. Question 8. is to be put by the Justice as follows: 8. Are you willing to be attested to serve in Her Majesty's Colony of until you shall be duly and legally discharged? Enlisting for limited Service. The preceding Questions to be put by the Justice, except Question 8., which is to be as follows: 8. Are you willing to be attested to serve in the for the Period of Regiment of [this Blank to be filled up by the Justice with Seven Years for Infantry, Ten Years for Cavalry, and Twelve Years for Artillery, if the Person enlisted is of the Age of Eighteen Years or upwards; but if under the Age of Eighteen Years, then the Difference between his Age and Eighteen to be added to such Seven, Ten, or Twelve Years, as the Case may be,] Years, provided Her Majesty should for so long require your Service, and also for such further Term, not exceeding Six Months, as shall be directed by the Commanding Officer on any Foreign Station, and not exceeding Three Years, as shall be directed by any Proclamation of Her Majesty, such additional Period, in the latter Case, to determine whenever Six Months of continued Peace, to be reckoned from the Ratification of any definitive Treaty, shall have elapsed subsequent to the Expiration of the said [Seven, Ten, or Twelve, as the Case may be,] Years? Enlisting for either Her Majesty's or the East India Company's Service. Question 8. is to be put by the Justice as follows: 8. Are you willing to be attested to serve in Her Majesty's Army, or in the Forces of the East India Company, according as Her Majesty shall think fit to order, until you shall be duly and legally discharged? Enlisting for the East India Company's Service. Question 8. to be put by the Justice as follows: 8. Are you willing to be attested to serve the East India Company until you shall be legally discharged? [Or if the Recruit enlist for limited Service, then insert, for the Period of Twelve Years (if the Person enlisting is of the Age of Eighteen Years or upwards, but if under Eighteen Years then the Difference between his Age and Eighteen to be added to such Twelve Years, as the Case may be, and such Period to be inserted instead of Twelve Years,) provided the said Company should so long require your Service?] OATH to be taken by a RECRUIT enlisting for unlimited or limited Service. I do make Oath, That the above Questions have been separately put to me; that the Answers thereto have been read over to me; and that they are the same that I gave, and are true. I do also make Oath, That I will be faithful and bear true Allegiance to Her Majesty, Her Heirs and Successors, and that I will, as in Duty bound, honestly and faithfully defend Her Majesty, Her Heirs and Successors, in Person, Crown, and Dignity, against all Enemies, and will observe and obey all Orders of Her Majesty, Her Heirs and Successors, and of the Generals and Officers set over me. So help me GOD. Witness my Hand { Signature of Recruit. Witness present. If enlisting for either Her Majesty's or the East India Company's Service, the following Addition is to be made to the foregoing Oath: And that if Her Majesty, Her Heirs or Successors, shall please to appoint me to serve in the Forces of the East India Company, then I swear, that I will also be true to the said Company, and will duly observe and obey all their Orders, and the Orders of their Generals and Officers who shall be lawfully set over me. If enlisting for the East India Company's Service, the following is to be added to the Oath: And that I also will be true to the said Company, and will duly observe and obey all their Orders, and the Orders of their Generals and Officers who shall be lawfully set over me. in my Presence all the foregoing Questions were put to the said ; that the Answers written opposite to them are those which he gave to me; and that the First and Second Articles of the Second Section of the Articles of War were read over to him; that he took the Oath of Allegiance and Fidelity; that he received the Sum of on being attested this Day; and that I have given him a Duplicate of this Certificate, signed with my Name. Signature of Justice. FORM of OATH to be taken by a MASTER whose Apprentice has serve as an Apprentice to me in the said Trade, by Indenture dated the Years; and that the said Day of Day of for the Term of did on or about the abscond and quit my Service without |