'make a certain Order in Council, whereby, after reciting that, by the Laws now in force for regulating the Importation of 'Corn, Oats and Oatmeal might be imported into the United Kingdom, and into the Isle of Man, for Home Consumption, ' under and subject to the Regulations of the several Statutes in that Case made and provided, whenever the Average Price of Oats (to be ascertained in the Manner therein prescribed) 'should be at or above the Price of Twenty seven Shillings the 'Quarter; and Pease might in like Manner be imported whenever the Price shall be at or above Fifty three Shillings the 'Quarter; and further reciting, that by a certain Act of Parliament made and passed in the Third Year of His present 3G.4.c.60.1.3. Majesty's Reign, intituled An Act to amend the Laws relating to the Importation of Corn, it is enacted, that whenever Foreign 'Corn, Meal or Flour, shall be admissible under the Provisions of 6 an Act passed in the Fifty fifth Year of the Reign of His late 55 G. 3. c. 26. Majesty King George the Third, intituled An Act to amend the Law now in force for regulating the Importation of Corn, or ' under the Provisions of the said Act passed in the Third Year of His present Majesty, there should be levied and paid certain 'Duties, therein specified, upon all such Foreign Corn, Meal, or Flour, when admitted for Home Consumption; and further reciting, that by the Weekly Returns of Purchases and Sales of Corn made by the several Inspectors of Corn Returns in the Cities and Towns of England and Wales, to the Receiver of Corn Returns, it appeared that the Average Price of Oats, and also the Average Price of Pease, at the then present Time, ex'ceeded the before mentioned Prices of Twenty seven Shillings and Fifty three Shillings per Quarter; and further reciting, that 'from Information which had on that Day been laid before His Majesty, it appeared that the Price of Oats, as well as that of Pease, was still rising, and that the Crop of Oats, and also the Crops of Pease and Beans of the present Year, had failed to a considerable Extent, and that a Deficiency in the Crop of Potatoes was also apprehended in some Parts of the United Kingdom; and that if the Importation for Home Consumption ' of Oats and Oatmeal, and of Rye, Pease, and Beans, were not 'immediately permitted, there was great Cause to fear that much 'Distress might ensue to all Classes of His Majesty's Subjects; and further reciting, that under the Acts aforesaid no Foreign 'Grain of the above Description, whatever might be the respective Average Prices of the same, could be admitted to Entry for Home Consumption till after the Fifteenth Day of November in the present Year, when the next Quarterly Average, by which the Admission of such Grain is regulated, would be made up, according to the Provisions of the said Acts; His Majesty, with the Advice of His Privy Council, did order, and it was thereby ' accordingly ordered, that Foreign Oats and Oatmeal, Rye, Pease, and Beans, whether warehoused or otherwise, should and might, 'from the Date of the said Order in Council, be permitted to be entered in the Ports of the United Kingdom and of the Isle of Man for Home Consumption, provided the Parties making Entry of any such Foreign Oats, Oatmeal, Rye, Pease, or Beans, 'should give Bond, with sufficient Sureties, to the Satisfaction of " the the Commissioners of His Majesty's Customs, for the Payment ❝ of any Duties, not exceeding in Amount the Duties thereinafter mentioned, in case Parliament should authorize the Levy and Receipt thereof; that is to say, Oats, per Quarter, Two Shillings; Oatmeal, per Boll, Two Shillings and Two Pence; Rye, 'Pease and Beans, per Quarter, Three Shillings and Six Pence; ⚫ and His Majesty, by and with the Advice aforesaid, did thereby further order, and it was accordingly ordered, that such Per'mission to enter Oats and Oatmeal, Rye, Pease, and Beans, for Home Consumption, on the Conditions aforesaid, should continue in force from the Date thereof until the Expiration of Forty Days, to be reckoned from the Day of the next Meeting of Parliament, unless the Parliament should previously to the Expiration of the said Forty Days make Provision to the contrary: And whereas it is expedient that all Persons advising or issuing the said Order in Council, and all Persons who have ⚫acted under or in obedience to the same, should be indemnified;' Be it therefore enacted by the King'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 the said Order in Council shall Order in Counbe and be deemed valid and of due Force in Law; and that cil valid. all personal Actions and Suits, Indictments, Informations, and all All Actions Prosecutions and Proceedings whatsoever, which have been or against Persons shall be hereafter prosecuted or commenced against any Person advising, &c. or Persons, for having advised or issued or carried into Execution the same discharged. the said Order in Council, be, are and shall be discharged and made void by virtue of this Act; and that if any Action or Suit Persons proseshall be prosecuted or commenced against any Person or Persons, cuted may plead for or by reason of any Act, Matter, or Thing advised, commanded, appointed or done, or forborne to be done, under or in relation to the said Order in Council, he, she or they may plead the General Issue, and give this Act and the Special Matter in Evidence; and if the Plaintiff or Plaintiffs in any Action or Suit Double Costs. so to be prosecuted or commenced in England or Ireland shall become nonsuit, or forbear further Prosecution, or suffer Discontinuance, or if a Verdict shall pass against such Plaintiff or Plaintiffs, the Defendant or Defendants shall recover his, her, or their Double Costs, for which he, she or they shall have the like Remedy as in Cases where the Costs by Law are given to Defendants; and if any such Action or Suit as aforesaid shall be commenced or prosecuted in that Part of Great Britain called Scotland, the Court before which such Action or Suit shall be commenced or prosecuted shall allow to the Defender the Benefit of the Discharge and Indemnity hereby provided, and shall further allow him his Double Costs of Suit in all such Cases as aforesaid. the General Issue. Defendants may apply to the Court to to stay Pro II. And be it also enacted, That if any Action or Suit hath been already commenced against any Person or Persons, for any such Act, Matter, or Thing so advised, commanded, appointed, or done, or forborne to be done, it shall and may be lawful for the ceedings in Defendants or Defenders in such Actions or Suit respectively, in Actions. whatever Court in the United Kingdom of Great Britain and Ireland such Action or Suit shall have been commenced, to apply Duties to be paid at the by the Order in Council. to such Court or Courts respectively, to stay all Proceedings thereon respectively, by Motion in a summary Way, and such Court or Courts are hereby required to make Order for that Purpose accordingly; and the Court or Courts making such Order shall allow and award to the Defendants or Defenders respectively Double Costs of Suit, for which they shall respectively have the like Remedy as in Cases where the Costs are by Law given to Defendants or Defenders. III. And be it further enacted, That the several Duties of Customs, for the Payment of which Bond hath been given under and Rates required in pursuance of the said Order in Council, shall be paid and payable to His Majesty at and after the Rates mentioned and required in and by the said Order in Council; and that all Bonds Bonds declared made and executed for securing the Payment of such Duties shall to all Intents and Purposes be as valid and effectual in the Law as if the same had been made and executed by and under the Authority of an Act of Parliament requiring the same. valid. Importation of &c. allowed until 15th Feb. 1827, on Pay ment of Duty. Number of IV. And Whereas it is expedient, pursuant to the Provisions of the said Order in Council, to permit the Importation of the several Articles aforesaid, until the Expiration of Forty Days, to 'be reckoned from the Day of the Commencement of the present Session of Parliament, and still further to permit such Importation for a limited Time;' Be it therefore enacted, That it shall and may be lawful during the said Period of Forty Days, and from thenceforward until the Fifteenth Day of February One thousand eight hundred and twenty seven, to enter and import for Home Consumption, in any of the Ports of the United Kingdom and of the Isle of Man, Foreign Oats, Oatmeal, Rye, Pease, or Beans upon and subject to the Payment of the several Duties of Customs mentioned in and by the said Order in Council; any Law, Statute, or Usage to the contrary in anywise notwithstanding. WHE CA P. IV. An Act for punishing Mutiny and Desertion; and for the Every Officer or Private Man, during the Continuance of this Act, who shall mutiny or desert, &c. ⚫ 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 His 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 King'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 if any Person who is or shall be commissioned or in Pay as an Officer, or who is or shall be listed or in Pay as a Noncommissioned Officer or Soldier, shall at any Time during the Continuance of this Act begin, excite, cause, or join in any Mutiny or Sedition in His Majesty's Land or Marine Forces, or shall not use his utmost Endeavours to suppress the same, or coming to the Knowledge of any Mutiny or intended Mutiny, shall not without Delay give Information thereof to his Commanding Officer; or shall misbehave himself before the Enemy; or shall shamefully abandon or deliver up any Garrison, Fortress, Post, or Guard committed to his Charge, or which he shall be commanded to defend; or shall compel the Governor or Commanding Officer of any Garrison, Fortress, or Post to deliver up to the Enemy, or to abandon the same; or shall speak Words or use any other Means to induce such Governor or Commanding Officer or others to misbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post, or Guard committed to their respective Charge, or which he or they shall be commanded to defend; or shall leave his Post before or shall be relieved; or shall be found sleeping on his Post; or shall hold found sleeping Correspondence with or give Advice or Intelligence to any Rebel upon or shall desert his Post, or Enemy of His Majesty, either by Letters, Messages, Signs, or &c. Tokens in any Manner or Way whatsoever; or shall treat or enter into any Terms with such Rebel or Enemy, without His Majesty's Licence, or Licence of the General or Chief Commander; or shall or shall strike strike or use any Violence against his superior Officer, being in or disobey his the Execution of his Office; or shall disobey any lawful Com- shall suffer superior Officer, mand of his superior Officer; or shall desert His Majesty's Ser- Death, or such vice; all and every Person and Persons so offending in any of the Punishment as Matters before mentioned, whether such Offence shall be com- a Court-martial mitted within this Realm, or in any other of His Majesty's may inflict. Dominions, or in Foreign Parts, upon Land or upon the Sea, shall suffer Death, or such other Punishment as by a Court-martial shall be awarded. deemed De II. Provided always, and it is hereby declared and enacted, Soldiers enThat no Noncommissioned Officer or Soldier who shall desert His listed in any Majesty's Service shall be exempt from the Pains and Penalties other Regiimposed by this Act for such Offence, by again enlisting into His ment, &c. to be Majesty's Service; but any such Soldier shall, notwithstanding serters. such subsequent Enlistment, be deemed to have deserted His Majesty's Service, and shall in like Manner suffer Death, or such other Punishment as by a Court-martial shall be awarded. III. And Whereas Doubts have arisen, whether Soldiers who of Right belong to Corps from which they have deserted may 'be proceeded against and tried for deserting any other Corps in B 3 ' which Deserters who shall enlist in another Regiment, &c. may be punished by a Court-martial in such Regiment, &c. Deserter may and returning before Expiration of the which they may afterwards have enlisted, or from His Majesty's Service, if they shall not, after such subsequent enlisting, have ⚫ been placed in any Corps, or for any Crime committed by them whilst serving therein; Be it therefore enacted, That every such Soldier shall be liable to be tried by a Court-martial, and punished in like Manner as if he had originally enlisted in and of Right belonged to the Regiment, Corps, Troop, Company, Detachment, or Party in which he shall be at the Time of any subsequent Desertion or committing any Offence, notwithstanding it shall have been discovered or known that he had previously belonged to some other Regiment, Corps, Troop, or Company, Detachment or Party, and had not been discharged therefrom: Provided always, that if such Person shall be claimed by such other Regiment, Corps, Troop, or Company, Detachment or Party, and be proceeded against as a Deserter therefrom, his subsequent Desertion from any one or more Corps in which he may have unwarrantably enlisted may (unless he shall already have been tried for the same) be given in Evidence as an Aggravation of his Crime; previous Notice being always given to such Deserter of the Fact or Facts intended to be produced in Evidence upon his Trial. IV. And be it further enacted and declared, That in case of be transported; any Noncommissioned Officer or Soldier tried and convicted of Desertion, whensoever the Court-martial which shall pass Sentence upon such Trial shall not think the Offence deserving of Capital Punishment, such Court-martial may, instead of awarding a Corporal Punishment, adjudge the Offender, according to the Nature of the Offence, if they shall think fit, to be transported as a Felon for Life, or for a certain Term of Years: And if such Noncommissioned Officer or Soldier, having been adjudged to be transported as a Felon, shall afterwards (without Leave from His Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported) return into or be found at large, without Leave as aforesaid, or other lawful Cause, within any Part of the United Kingdom of Great Britain and Ireland, or in any of His Majesty's Possessions abroad, other than the Place to which he shall have been transported, before the Expiration of the Term limited by such Sentence, and shall be convicted thereof in the ordinary Course of Law, every such Person shall be deemed and adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy. he shall suffer Death. His Majesty, where Courtsmartial award a Capital Pun ishment, may order Offenders to be transported. V. Provided always, and be it enacted, That in all Cases wherein a Capital Punishment shall have been awarded by a Courtmartial, it shall be lawful for His Majesty, instead of causing such Sentence to be carried into Execution, to order the Offender to be transported as a Felon for Life, or for a certain Term of Years, as to His Majesty shall seem meet; and if the Person so transported, in pursuance of such Order from His Majesty, shall afterwards, without Leave from His Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported, return into or be found at large, without Leave as aforesaid, or other lawful Cause, within any Part of Great Britain or Ireland, or in any of His Majesty's Possessions abroad, other than the Place to which he shall have been transported, before the |