XLIV. Musters and punishment for false musters.

XLV. Trials for desertion after subsequent re-enlistment.

XLVI. Apprehension of deserters in the United Kingdom.—In the colonies.

XLVII. Temporary custody of deserters in gaols.

XLVIII. Desertion of recruits.

XLIX. Fraudulent confession of desertion.

L. Extension of furlough in case of sickness.

LI. No person acquitted or convicted by the civil magistrate, or by a jury, to be tried by court-martial for the same offence.

LII. Soldiers not to be taken for debts under 301.

LIII. Officers not liable to take parish apprentices.

LIV. Officers not to be sheriffs or mayors.

LV. Enlisting and swearing of recruits.

LVI. Dissent and relief from enlistment.

LVII. Offences connected with enlistment.

LVIII. Punishment of officers offending against laws regarding enlistment.

LIX. Enlistment and re-enlistment abroad.

LX. Enlistment of negroes.

LXI. Apprentice enlisting to be liable to serve after the expiration of his apprenticeship.
LXII. Claims of masters to apprentices.

LXIII. Punishment of apprentices enlisting.

LXIV. Wages of servants enlisting.

LXV. Removal of doubts as to attestation of soldiers.

LXVI. Authorized deductions only to be made from the pay of the army.

LXVII. How and where troops may be billeted.-Exemptions from billets.

LXVIII. Billeting the guards in and near Westminster.

LXIX. Military officers not to act as Justices in billeting.

LXX. Allowance to innkeepers.

LXXI. Definition of terms.-Powers and regulations as to billets.

LXXII. Supply of carriages.

LXXIII. Rates to be paid for carriages, and regulations relating thereto.

LXXIV. Supply of carriages in cases of emergency.

LXXV. Justices empowered to reimburse constables for sums expended by them.

LXXVI. Routes in Ireland.

LXXVII. Tolls.

LXXVIII. Ferries.

LXXIX. Marching money on discharge.

LXXX. Notification to parishes of good or bad conduct of soldiers.

LXXXI. Ordinary course of criminal justice not to be interfered with.—Punishment of officers obstructing civil justice. LXXXII. Penalty for disobedience by agents.

LXXXIII. Penalty on trafficking in commissions.

LXXXIV. Penalty for procuring false musters.

LXXXV. Penalty on unlawful recruiting.

LXXXVI. Penalty for inducing soldiers to desert.

LXXXVII. Penalty for forcible entry in pursuit of deserters.

LXXXVIII. Penalties on aiding escape or attempt to escape of prisoners, and on breach of prison regulations.-Certain provisions of Gaol Acts to apply to military prisons.

LXXXIX. Penalty on purchasing soldiers necessaries, stores, &c.

xc. Penalties upon civil subjects offending against the laws relating to billets and carriages.

XCI. Penalties upon the military so offending.

XCII. Penalty on killing game.

XCIII. Form of actions at law.

XCIV. Recovery of penalties.

xcv. Appropriation of penalties.

XCVI. Mode of recording a soldier's settlement.

XCVII. Licences of canteens.

XCVIII. Attestation of accounts.

XCIX. Commissaries to attest their accounts.

c. Administration of oaths.-Perjury.

CI. Offences against former Mutiny Acts and Articles of War.

CII. Duration of the Act.

CIII. Alteration of the Act.

CAP. XIII.

AN ACT for the Regulation of Her Majesty's Royal Marine Forces while on shore.

This ACT contains the following clauses,

1. Lord High Admiral, &c. may make articles for the punishment of mutiny, desertion, &c.

II. Offences against former Mutiny Acts and Articles of War.-Limitation as to time.

III. Act to extend to Jersey, &c.

IV. The ordinary course of law not to be interfered with.

(23rd April 1847.)

v. No person tried by civil power to be punished by court-martial for same offence except by cashiering.

vi. Marines to be subject to the discipline of the navy while on board ship.

VII. Lord High Admiral, &c. may grant commissions for holding general court-martial, &c.

VIII. General courts-martial.

IX. District or garrison courts-martial.

x. Divisional courts-martial.

XI. Courts-martial on line of march or in transport ships, &c.

XII. Courts-martial in special cases out of the Queen's dominions.

XIII. Officers of the marine and land forces may sit in conjunction on courts-martial.

XIV. If no superior officer of land forces is present in command of a district, &c. an officer of marines may convene a court martial.

xv. President of courts-martial.

XVI. Proceedings at trial.

XVII. Swearing and summoning witnesses.

XVIII. Previous convictions to be put in evidence.

XIX. Report of proceedings of courts-martial.

xx. No second trial, but revision allowed.

XXI. Crimes punishable with death.

XXII. Judgment of death.

XXIII. Commutation of death for transportation.

XXIV. Embezzlement punishable by transportation.

XXV. Transportation of offenders.

XXVI. In the colonies.

XXVII. Disposal of convict after sentence of transportation.

XXVIII. Power to inflict corporal punishment.

XXIX. Power to inflict corporal punishment and imprisonment.

xxx. Power to commute corporal punishment.

XXXI. Forfeiture of pay and pension by sentence of court-martial.

XXXII. Forfeiture of pay on conviction of desertion or felony.

XXXIII. Forfeiture of pay when in confinement, or during absence on commitment under a charge, or in arrest for debt, or when prisoner of war, or when convicted of desertion.

XXXIV. Forfeiture of pay and liquor for habitual drunkenness.

XXXV. Forfeiture of pay for drunkenness on duty.

XXXVI. Stoppages.

XXXVII. Discharge with ignominy.

XXXVIII. Marking deserters.

XXXIX. Power of imprisonment by different kinds of courts-martial.

XL. Imprisonment of offenders already under sentence for previous offence.

XLI. Term and place of imprisonment.

XLII. Proviso for removal of prisoners.

XLIII. Custody of prisoners under military sentence in common gaols.

XLIV. Their subsistence in common gaols.

XLV. Expiration of imprisonment in common gaols.

XLVI. Military prisons established under Act for punishing mutiny and desertion in army to be deemed public prisons. XLVII. Musters, and penalty on false musters.

XLVIII. Verifying of muster rolls.

XLIX. Trials for desertion after subsequent re-enlistment.

L. Apprehension of deserters.

LI. Temporary custody of deserters in gaols.

LII. Fraudulent confession of desertion.

LIII. Punishment for inducing marines to desert.

LIV. Extension of furlough in case of sickness.

LV. Marines not to be taken for debts under 30%., or for not supporting family.

LVI. Officers not liable to take parish apprentices.

LVII. Officers not to be sheriffs or mayors.

LVIII. Enlisting and swearing of recruits.

LIX. Dissent and relief from enlistment.

LX. Offences connected with enlistment.

LXI. Penalty on officers offending as to enlistment.

LXII. Apprentices enlisting to be liable to serve after the expiration of their apprenticeship.

LXIII. Claims of masters to apprentices.

LXIV. No apprentice claimed by the master shall be taken away without a warrant.—Punishment of apprentices enlisting. LXV. Servants enlisting to be entitled to a portion of their wages.

LXVI. Removal of doubts as to attestation of marines.

LXVII. Admiralty may order pay to be withheld.

LXVIII. Billeting of marines.

LXIX. Allowance to innkeepers.

LXX. Supply of carriages.

LXXI. Rates for carriages.

LXXII. Providing for supply of carriages, &c. in cases of emergency.

LXXIII. Justices of Peace to direct payment of sums expended for carriages, &c.

LXXIV. Lord Lieutenant of Ireland may depute persons to sign routes.

LXXV. Exemption from tolls.

LXXVI. Marching money on discharge.

LXXVII. Notification to parishes of good or bad conduct of marines.

LXXVIII. Penalties upon civil subjects offending against the laws relating to billets and carriages.
LXXIX. Penalty upon officers of marines so offending.

LXXX. Penalty for forcible entry.

LXXXI. Penalty for purchasing clothes, &c. from any marine.

LXXXII. Penalty on unlawful recruiting.

LXXXIII. Penalty on officers killing game.

LXXXIV. Limitation of actions.

LXXXV. Recovery of penalties.

LXXXVI. Appropriation of penalties.

LXXXVII. Licences of canteens.

LXXXVIII. Mode of recording a marine's settlement.

LXXXIX. Administration of oaths.-Perjury.

xc. Definition of terms.-Marines not to be billeted in privates houses, &c.

XCI. Duration of Act.

XCII. Act may be amended,

CAP. XIV.

AN ACT for consolidating in One Act certain Provisions usually contained in Acts for constructing or regulating Markets and Fairs.

ABSTRACT OF THE ENACTMENTS.

(23rd April 1847.)

1. Extent of Act.

2. Interpretations in this Act:-" Special Act;" "prescribed;" "the lands;" "the undertaking;"
"undertakers."

3. Interpretations in this and the special Act :-Number; gender; "person;" "lands ;” “lease;"
"the market or fair;"
"driver;"
cart;"
66 cattle;" "collector;" month;" "6 superior

courts ;"

66

oath;"

39 66

4. Short title of this Act.

66

county Justice;" "two Justices;" sheriff;" quarter sessions."

5. Form in which portions of this Act may be incorporated in other Acts.

6. Construction of markets or fairs to be subject to the provisions of this Act and one of the Lands Clauses Consolidation Acts, 1845.

7. Errors and omissions in special Act, or Schedules thereto, may be corrected by Justices, &c., who shall certify the same.-Certificate to be deposited.

8. Copies of alterations, &c. to be evidence.

9. Additional land may be taken for extraordinary purposes.

10. Undertakers, subject to provisions of this and the special Act, may execute the works herein named. 11. Undertakers to make satisfaction for damage done.

12. Before the market or fair shall be opened, notice to be given by undertakers.

13. Sales elsewhere than in markets prohibited under a penalty not exceeding 40s.

14. Market days.

15. Penalty for selling or exposing for sale unwholesome meat, &c.—Penalty on obstructing inspector. 16. Penalty for obstructing market or fair keeper.

17. Power to erect slaughter-houses, if authorized by the special Act.

18. Nothing to protect undertakers from an indictment for nuisance.

19. Penalty on slaughtering cattle, &c. elsewhere than in an authorized slaughter-house.

20. Inspector may enter and inspect slaughter-houses.

21. Undertakers to provide proper weights and measures for weighing commodities sold at markets and fairs. 22. Articles to be weighed if requested by the buyer.-Penalty for refusal.

23. Penalty on persons appointed refusing to weigh.

24. Undertakers to keep proper machines for weighing carts laden with goods.

25. Carts to be weighed at one of the machines erected by the undertakers.

26. Penalty on drivers for refusing to take carts to be weighed, &c.

27. Penalties on drivers of carts, &c. committing frauds, in weighing.

28. Penalty on buyers or sellers for committing frauds in weighing.

29. Penalties for frauds committed by the machine keeper.

30. Penalty on other parties committing frauds as to weighing.

31. Tolls, &c. not to be demanded until market or fair completed.

32. Certificate of two Justices to be evidence that market or fair is completed.

33. Stallages, &c. when to be paid.

34. Tolls to be paid to persons authorized before the same are weighed, &c.

35. Tolls in respect of cattle market when due.

36. Stallages, tolls, &c. may be varied from time to time.

37. Penalty on taking a greater toll than authorized by this or the special Act.

38. Recovery of tolls by distress, &c.

39. Disputes respecting tolls, how to be settled.

40. Penalty for obstructing collector of rents, &c.

41. List of tolls, &c. to be set up and placed in conspicuous places.

42. Bye-laws may be made for all or any of the purposes herein named.—Bye-laws may be repealed or altered from time to time.

43. Bye-laws may be enforced by imposition of penalties.

44. No bye-laws to come into operation until allowed in the manner prescribed and approved by Secretary of State.

45. Notice of allowance of bye-laws to be given in one or more newspapers, &c.

46. A copy of proposed bye-laws to be open for inspection.

47. Publication of bye-laws.

48. Bye-laws to be binding on all parties.

49. Proof of publication of bye-laws.

Accounts.

Recovery of Damages and Penalties.

Access to Special Act.

50. Annual account to be made up by the undertakers and transmitted to the clerk of the peace in England or Ireland, or to the sheriff clerk in Scotland, and to be open to inspection.—Penalty on omission to prepare such account.

51. Tender of amends.

52. Railways Clauses Consolidation Acts, 1845, as to damages, &c. to be incorporated with this and the special Act.

53. In Ireland part of penalties to be paid to guardians of unions.

54. Nothing in this or the special Act to affect the rights of the Crown.

55. All things required to be done by two Justices in England and Ireland may, in certain cases, be done by one, and in Scotland by the sheriff, &c.

56. Penalties, &c. imposed in respect of any offence committed within the metropolitan police district to be paid to the receiver, and applied under 2 & 3 Vict. c. 71.

57. Penalty for giving false evidence.

58. Copies of special Act to be kept by undertakers at their office, and deposited with the clerks of the
peace, &c. and be open to inspection.

59. Penalty on undertakers failing to keep or deposit such copies.
60. Act may be amended, &c.

By this ACT,

After reciting that it is expedient to comprise in one Act sundry provisions usually contained in Acts of Parliament authorizing the construction or regulation of markets and fairs, and that as well for avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings as for insuring greater uniformity in the provisions themselves:

It is Enacted,

1. That this Act shall extend only to such markets or fairs as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, with the clauses of every other Act which shall be incorporated therewith, form part of such Act, and be construed therewith as forming one Act.

And with respect to the construction of this Act, and any Act incorporated therewith, it is enacted as follows:

II. The expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the construction or regulation of a market or fair, and with which this Act shall be incorporated; and the word "prescribed" used in this Act in reference to any matter herein stated shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act, and the sentence in which such word occurs shall be construed as if instead of the word "prescribed" the expression "prescribed for that purpose in the special Act" had been used; and the expression "the lands" shall mean the lands which shall by the special Act be authorized to be taken or used for the purposes thereof; and the expression "the undertaking" shall mean the market or fair, and the works connected therewith, by the special Act authorized to be constructed or regulated; and the expression "the undertakers" shall mean the persons authorized by the special Act to construct or regulate the market or fair.

III. The following words and expressions in both this and the special Act, and any Act incorporated therewith, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,)

Words importing the singular number shall include the plural number, and words importing the plural number shall include also the singular number:

Words importing the masculine gender shall include females:

The word "person" shall include a corporation, whether aggregate or sole:

The word "lands" shall include messuages, lands, tenements, and hereditaments or heritages of any tenure :

The word "lease" shall include a missive of and an agreement for a lease:

The expression "the market or fair" shall mean the market or fair, and the works connected therewith, by the special Act authorized to be constructed or regulated:

The word "cart" shall include waggon, and also any carriage used wholly or chiefly for the conveyance of goods:
The word "driver" shall include the carter or other person having the care of any cart:

The word "cattle" shall include horse, ass, mule, ram, ewe, wether, lamb, goat, kid, or swine:

The expression "the collector" shall mean the person appointed by the undertakers to collect the stallages, rents, or tolls authorized by the special Act, [and] shall include the assistants of the collector:

The word "month" shall mean calendar month:

The expression "superior courts," when the matter submitted to the cognizance of the Court aries in England or Ireland, shall mean Her Majesty's superior courts of record at Westminster or Dublin, as the case may require, and shall include the Court of Common Pleas of the County palatine of Lancaster, and the Court of Pleas of the county of Durham; and when such matter arises in Scotland it shall mean the Court of Session:

The word "oath" shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a declaration instead of taking an oath: