Marine Mutiny. Case of stolen Goods; and if upon Search any such Property shall be found the same shall and may be seized by the Officer charged with the Execution of such Warrant, who shall bring the Offender in whose Possession the same shall be found before such Justice, to be dealt with according to Law. LXXXV. If any Action shall be brought against any Member Limitation or Members of a Court-martial to be assembled under the Autho- of Actions. rity of this Act, or of any Act heretofore passed for the Regulation of Her Majesty's Royal Marine Forces while on shore, in respect of the Proceedings or the Sentence thereof, or against any other Person, for anything done in pursuance or under the Authority of this Act, or of any Act heretofore passed for the Regulation of Her Majesty's Royal Marine Forces while on shore, the same shall be brought in some One of the Courts of Record at Westminster or Dublin, or in the Court of Session in Scotland, and shall be commenced within Six Months next after the Cause of Action shall arise, and it shall be lawful for the Defendant or Defendants therein, or in any such Action now pending, to plead thereto the General Issue, and to give all special Matter in Evidence on the Trial; and if the Verdict shall be for the Defendant in any such Action, or if the Plaintiff shall become nonsuit or suffer any Discontinuance thereof, or if, in Scotland, the Court shall see fit to assoilzie the Defendant or dismiss the Complaint, the Court in which the Matter shall be tried shall allow the Defendant Treble Costs, for the Recovery of which he shall have the like Remedy as in other Cases where Costs by the Laws of this Realm are given to Defendants. XCI. All Clauses and Provisions in this Act contained relating Definition of to England shall be construed to extend to Wales and the Town Terms. of Berwick-upon-Tweed; and the Provisions of this Act shall apply to all Persons who are or shall be commissioned or in Pay as an Officer of Royal Marines, or who are or shall be listed or in Pay as a Non-commissioned Officer or Marine; and all Clauses and Provisions relating to Marines shall be construed to include Non-commissioned Officers and Drummers, unless when otherwise provided; and all Clauses and Provisions relating to Justices shall be construed to extend to all Magistrates authorized to act as such in their respective Jurisdictions; and all the Powers given to and Regulations made for the Conduct of Constables, and all Penalties and Forfeitures for any Neglect thereof, shall extend to all Tithingmen, Headboroughs, and such like Officers and Inspectors or other Officers of Police, and High Constables, and other Chief Officers and Magistrates of Cities, Towns, Villages, and Places in England and Ireland, and to all Justices of the Peace, Magistrates of Burghs, Commissioners of Police, and other Chief Officers and Magistrates of Cities, Towns, Villages, Parishes, and Places in Scotland, who shall act in the Execution of this Act; and all Provisions for billeting Marines in Victualling Houses shall extend and apply to all Inns, Livery Stables, Alehouses, and to the Houses of Sellers of Wine by Retail, whether British or Foreign, to be drank in their own Houses or Places thereunto belonging, to all Houses of Persons licensed to sell Beer, Ale, Porter, Cider, or Perry by Retail, Marines not to be billeted in private Houses, &c, 9 & 10 Vict. c. 101. 10 Vict. c. 11. 11 & 12 Vict. c. 119. Marine Mutiny. Drainage Advances Acts Amendment. Retail, to be consumed or drank in their Dwelling Houses or Premises, and to all Houses of Persons selling Brandy, Strong Waters, Cider, or Metheglin, by Retail, in England and Ireland; and in Ireland, when there shall not be found sufficient Room in such Houses, then Marines may be billeted in such Manner as has been heretofore customary: Provided always, that no Officer or Marine shall be billeted in England in any private Houses or in any Canteen held or occupied under the Authority of the War or Marine Department, or upon Persons who keep Taverns only, being Vintners of the City of London admitted to their Freedom of that Company in right of Patrimony or Apprenticeship, notwithstanding such Persons who keep such Taverns only have taken out Victualling Licences; nor in the House of any Distiller kept for distilling Brandy and Strong Waters; nor in the House of any Shopkeeper whose principal Dealings shall be more in other Goods and Merchandise than in Brandy and Strong Waters, so as such Distillers and Shopkeepers do not permit Tippling in such Houses; nor in the House or Residence in any Part of the United Kingdom of any Foreign Consul duly accredited as such. SCHEDULE referred to by this Act. FORM of OATHS to be taken by MEMBERS of COURTS-MARTIAL. You So help you GOD. OU shall duly administer Justice, according to the Rules and Articles for the better Government of Her Majesty's Royal Marine Forces, and according to an Act now in force for the Regulation of the said Forces while on shore, without Partiality, Favour, or Affection, and if any Doubt shall arise which is not explained by the said Articles or Act, according to your Conscience, the best of your Understanding, and the Custom of War in the like Cases: And you shall not divulge the Sentence of the Court until it shall be duly approved; neither shall you, upon any Account, at any Time 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 Court-martial in a due Course of Law. So help you GOD. CA P. IX. An Act to amend the Acts relating to the Advance of Public [14th March 1856.] HEREAS Acts authorizing and regulating the Advance of Money for the Improvement of Land were passed in the Sessions of Parliament holden in the Ninth and Tenth Years of the Reign of Her Majesty, Chapter One hundred and one, in the Tenth Year of Her Majesty, Chapter Eleven, in the Eleventh and Twelfth Years of Her Majesty, Chapter One hundred and 'nineteen, Drainage Advances Acts Amendment. c. 31. 14 & 15 Vict. c. 91. Sections 8. and 17. of c. 101. repealed. ⚫ nineteen, in the Twelfth and Thirteenth Years of Her Majesty, 12 & 13 Vict. 'Chapter One hundred, in the Thirteenth and Fourteenth Years c. 100. of Her Majesty, Chapter Thirty-one, and in the Fourteenth and 13 & 14 Vict. Fifteenth Years of Her Majesty, Chapter Ninety-one And 'whereas it is expedient that the Provisions of the said Acts should be amended:' 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, as follows: I. Sections Eight and Seventeen of the said Act of the Ninth and Tenth Years of Her Majesty, Chapter One hundred and one, shall be repealed, and the said Act shall be read as if the following Enactment had been therein inserted instead of the said Section Seventeen; that is to say, If the Commissioners shall think that an Advance in respect of the whole or of a proportional Part of Advance the Cost of such Works would be expedient, they may apply to expedient, they the Commissioners of the Treasury for their Sanction for them may issue a to issue to the Owner of Land by whom such Application shall Provisional Certificate, have been made, or, in case his Interest shall have determined, with the to the Owner of such Land for the Time being, a Provisional Sanction of Certificate, and such Provisional Certificate shall declare that upon the Treasury. its being shown to the Satisfaction of the Commissioners that the proposed Works have been executed according to the Plan and Specification annexed to the Report of the Commissioner, Assistant Commissioner, Surveyor, or Engineer respectively, in a substantial and durable Manner, the Commissioners will cause an Advance to be issued to an Amount not exceeding the Amount of the whole or of such proportional Part as in such Provisional Certificate shall be expressed of the Expenses which shall have been actually incurred in such Drainage, but limited not to exceed a certain Sum in such Provisional Certificate to be expressed: Provided always, that in case the Commissioners, upon the Inves- Expenses of tigation of such Application, shall be of opinion that the Amount Investigation and Permanence of the Improvement which will be effected by may be charged the proposed Drainage in the annual Value of the Land will be upon the Land, if Commissionsuch that all or a Part of the Expenses of the Investigation of the ers shall think Application, and of the Expenses of inspecting and ascertaining fit. the due Execution of the Works, should be a Charge on the Land to which the Application shall relate, the Commissioners may by the Provisional Certificate direct that all or such Part as in such Provisional Certificate may be expressed of the Expenses of such Investigation, and of inspecting and ascertaining the due Execution of the Works, may be included in the Expenses in respect of which such Loan, and the Advances on account thereof, shall be made. II. The Allowances and Expenses to any Assistant Commis- Expenses of sioner, Surveyor, Engineer, or other Person employed under the Assistant ComProvisions of the first-recited Act or any other Acts for the Drain- missioner and others may be age and Improvement of Land may, if the Commissioners shall think fit, with the Consent of the Commissioners of the Treasury, centage. be by way of Per-centage upon the Amount or Amounts in respect of which any such Assistant Commissioner, Surveyor, Engineer, 19 & 20 VICT. Ꭰ or by way of Per Section 28. of when satisfied of the Works, may issue CerAdvance under tificate for an this Act. Power to Treasury to direct Advances to be made. Commence ment of Rent charge. Drainage Advances Acts Amendment. or other Person employed as aforesaid may report to the Commis sioners. III. Section Twenty-eight of the said Act of the Ninth and Tenth Years of Her Majesty, Chapter One hundred and one, and Section Six of the said Act of the Tenth Year of Her Majesty, Chapter Eleven, shall be repealed; and when the Commissioners shall be satisfied by the Report of a Commissioner, Assistant Commissioner, Surveyor, or Engineer respectively, or otherwise, that the Works referred to in any such Provisional Certificate have been executed according to the Terms and Conditions of such Provisional Certificate, or that some Part thereof has been executed, which will, independently of the Part remaining unexecuted, be durable and effectual, and produce an Improvement in the yearly Value of the Land exceeding the Amount of the yearly Charge which can be made in respect of an Advance, and shall be satisfied by such Report or otherwise that such Expense has been actually incurred as will justify the Advance according to the Terms of the Provisional Certificate, the Commissioners shall issue a Certificate of Advance under their Seal, and such Certificate shall specify the Land in respect of which such Advance is to be made, and shall certify that such Sum as therein mentioned should be issued to the Person therein named in respect of the Drainage of such Land. IV. The Commissioners of the Treasury, upon the Application of the Commissioners, may from Time to Time direct the Comptroller of Her Majesty's Exchequer to give the necessary Issue to the Commissioners (whether by a Credit on the growing Produce of the Consolidated Fund or by Exchequer Bills) to enable them to make Advances under the said Acts; and the said Comptroller General is hereby required, upon the Receipt of such Direction, either to give a Credit on the Exchequer Funds at the Bank of England to the Commissioners, or to issue to them, or cause to be placed to their Account at the Bank of England, Exchequer Bills for the Amount specified in such Direction from the Treasury; and the said Commissioners shall upon such Exchequer Credits or the Produce of the Sale of such Exchequer Bills give Warrants or Orders under their Seal to the Governor and Company of the Bank of England to pay from the "Drainage Advances and Repayments Account," to the respective Parties named in such Warrants or Orders, the Sums specified therein. V. In case such Warrant or Order shall not be presented for Payment before the Sixth Day of April or the Tenth Day of October, whichever shall first respectively happen, next after the Date of such Warrant or Order, the Land comprised in the Certificate of Advance in respect of which such Warrant or Order shall have been given shall be charged in such and the same Manner as if such Warrant or Order had been presented and an Issue made thereon prior to such Sixth Day of April or Tenth Day of October first happening as aforesaid; and where any Warrant or Order already issued has not been presented, the Land comprised in the Certificate of Advance in respect of which such Warrant or Order has been given shall be charged in such and the same Manner Drainage Advances Acts Amendment. Section 29. of & 10 Vict. 9 c. 101. repealed. In case of Advances in re Manner as if such Warrant or Order had been presented and an Issue made thereon prior to the Sixth Day of April or the Tenth Day of October first happening after the passing of this Act. VI. Section Twenty-nine of the Ninth and Tenth Years of Her Majesty, Chapter One hundred and one, shall be repealed; and in the Case of Advances proposed to be made under this or the said recited Acts in respect of Lands in Scotland, the said Commissioners shall deliver the Certificate of Advance to the Owner of the said Lands or Party applying for such Advance; and the said Owner or Party shall thereafter cause the said Certificate to be duly registered in the General or Particular Register of Sasines, delivered to and shall thereafter return the same to the said Commissioners, with an Endorsement thereon by the Keeper of the said Register, which the said Keeper is hereby authorized and required to grant, certifying that the same has been duly registered. spect of Lands in Scotland Certificate to be Owner. VII. All Certificates of Advance issued by the Commissioners Certificates to shall be retained by them, and deposited with the Records of their be deposited. Office. VIII. Upon any Apportionment of Rentcharge it shall be Upon Apporlawful for the Commissioners, if they shall see fit, to apportion tionment, Part such Rentcharge upon Parts only of the Land comprised in the of Lands may Certificates of Advance to the Exclusion of the other Lands comprised therein, and such Lands so excluded shall after such Order of Apportionment be absolutely exonerated and discharged from the Payment of any Part of such apportioned Rentcharges. IX. So much of the Second Section of the Tenth Year of Her Majesty, Chapter Eleven, as relates to an Advance, shall be repealed; and it shall be lawful for the Commissioners to issue an Advance in respect of any Works, notwithstanding Deviations therein from the proposed Manner of effecting the Drainage, if such Deviation shall appear to the Commissioners to be expedient, and productive of Improvement as permanent and of as great yearly Amount as the Manner at first proposed. be freed from Rentcharge. Part of s. 2. of 10 Vict. c. 11. repealed. Advances, &c. notwithstanding Deviation. sioners." X. The Commissioners to issue and deliver Certificates of Re- Construction demption under the Forty-fifth Section of the said Act of the of "CommisNinth and Tenth Years of Her Majesty, Chapter One hundred and one, and to declare that the Rentcharge shall continue a Charge upon the Land, under the Thirtieth Section of the Twelfth and Thirteenth Years of Her Majesty, Chapter One hundred, shall be the Board of Inland Revenue, and the Powers and Authorities vested in Commissioners under such Sections shall be executed by such Board. certain Cases, a XI. Where the "Owner of Land" shall be a Minor, Idiot, Lu- Power for natic, Feme Covert, beyond the Seas, or under any other legal Commissioners Disability, without having any Guardian, Tutor, Curator, Trustee, Committee of the Estate, Husband, or Attorney, it shall be lawful for the Commissioners, by an Order under their Hands and Seal, to appoint any Person approved of by them as the Substitute for such Owner, for all the Purposes of the said recited Acts and of this Act. Substitute for XII. The Provisions of this Act relative to the Issue of Certi- Act to apply to ficates of Advance, and other Provisions consequent thereon, shall all Certificates D 2 apply hereafter issued. |