Forfeitures, Clauses, Matters and Things contained in any of the said Acts, and applying to the said several Duties by the said Acts granted (except where such Provisions are varied or other Provisions are substituted by this Act), shall, in assessing, charging, collecting, levying and accounting for the said Duties and Monies respectively, be severally and respectively duly observed, practised and put in Execution throughout Great Britain, in relation to all and every of the Duties reduced and in part repealed under the Provisions of this Act, as fully and effectually, to all Intents and Purposes, as if the said reduced Duties remaining unrepealed and in force were specially granted and particularized in and by this Act, and as if the same Powers, Authorities, Methods, Rules, Directions, Penalties, Forfeitures, Clauses, Matters and Things, were particularly repeated and re-enacted in the Body of this Act, and applied to all and every such reduced Duties and Monies aforesaid, as Part of the Provisions of this Act: Provided always, that nothing herein contained shall alter or affect any of the Prosessing previous visions of the said recited Acts for assessing, charging, raising, levying, and collecting any Assessment of the said Duties made or to be made for any Year or Years commencing previous to the Fifth Day of April One thousand eight hundred and twenty three, any thing in this Act contained to the contrary notwithstanding. X. And be it further enacted, That this Act may be altered, varied or repealed, by any Act or Acts to be made in this present Session of Parliament. Proviso for former Provisions for as Duties. Act may be altered, &c. this Session. Courts Martial &c. Gaolers refusing to receive Offenders. Penalty 1001. САР. CA P. XII. An Act for the regulating of His Majesty's Royal Marine XVIII. PROVIDED always, and be it further enacted, That it shall be lawful for any General or other Court Martial to sentence any Non-commissioned Officer or Private Marine to Imprisonment, or to Imprisonment and Hard Labour, in any House of Correction, Common Gaol or Public Prison, or in any other Place which such Court may deem fit and convenient for that Purpose; and all Gaolers and Keepers of such Houses of Correction or Prisons shall receive into their Custody, and keep in Confinement for such Time as they shall be respectively required so to do, or until discharged, any Non-commissioned Officer or Private Marine who may have been sentenced to Imprisonment by any General or other Court Martial, and shall provide a proper Place for the Confinement of any such Non-commissioned Officer or Private Marine, according to the Sentence of such Court, during the Period of his Imprisonment, upon receiving an Order in Writing from the Commanding Officer of the Division at which such General or other Court Martial shall have been held; and every Gaoler and Keeper of a House of Correction or Prison, who shall refuse to receive and to confine any such Non-commissioned Officer or Private Marine in manner as aforesaid, shall forfeit for every such Offence the the Sum of One hundred Pounds, to be recovered by Action of Debt or Information for the Use of His Majesty. finement of such Offenders. XIX. Provided also, and it is hereby declared and enacted, Admiralty may That it shall and may be lawful for the Lord High Admiral of the change the said United Kingdom, or the Commissioners for executing the Place of ConOffice of Lord High Admiral aforesaid, for the time being, in case he or they shall deem it expedient so to do, by any Order in Writing to be made for that Purpose, under the Hand of the said Lord High Admiral, or of Two or more of the Commissioners aforesaid, and the Seal of the Office of Admiralty, to change the Place of Confinement to be expressed in any Sentence upon any Noncommissioned Officer or Private Marine, either previous to the Commitment of such Non-commissioned Officer or Private Marine under any such Sentence, or at any Time afterwards during the Period of Confinement mentioned in such Sentence, and so from time to time as often as the said Lord High Admiral or the said Commissioners shall deem it requisite; and that the Gaoler or Gaoler to be Keeper of the Prison, Gaol or House of Correction, in which allowed not exceeding 1s. such Non-commissioned Officer or Private Marine shall happen to per Mile for be, shall immediately on the Notification of such Order to him, Charges of Reremove and convey, or cause to be removed and conveyed, such moval. Non-commissioned Officer or Private Marine to the Gaol, Prison or House of Correction mentioned in the said Order so to be made as aforesaid, (for the Charges of which Removal and Conveyance he shall be allowed a Sum not exceeding One Shilling per Mile); and every Gaoler or Keeper of such last mentioned Gaol or House of Correction shall thereupon, and upon being furnished with a Copy of the Sentence of Confinement, and of such Order of Re-moval, (such Copies respectively to be attested by the Secretary of the Admiralty for the time being,) receive into his Custody, and shall confine pursuant to such Sentence, such Non-commissioned And to confine Officer or Private Marine, under the like Penalty and Forfeiture Offender. of One hundred Pounds, in case of Refusal or Neglect, as is here- Penalty 1001. inbefore provided; such Penalty or Forfeiture in any of such Cases to be recovered in any of His Majesty's Courts of Record at Westminster or Dublin, or in the Court of Exchequer or Court of Session at Edinburgh. sistence of XX. And be it further enacted, That every Non-commissioned Pay to be forOfficer or Private Marine, who shall be sentenced by any feited during General Imprisonment. Divisional or Detachment Court Martial to be imprisoned, shall forfeit all Right of any Pay from the Day of his Commitment during the Time of such Imprisonment; and also that, during the Continuance of any such Imprisonment, the Gaoler or Keeper of Gaoler to resuch Prison or House of Correction shall receive the Sum of ceive 6d. per Sixpence per Diem out of the Subsistence of such Non-commis- Day for Subsioned Officer or Private Marine, during the Time that such Non- Prisoner. commissioned Officer or Private Marine shall continue in Custody; which said Sum the Lords Commissioners of the Admiralty are hereby authorized and required to cause to be paid by the Paymaster of Royal Marines to the said Gaoler or Keeper aforesaid, upon receiving an Application in Writing to their Secretary, signed by any Justice of the Peace for the County or Riding in which such Gaol, Prison or House of Correction shall be locally situate, together with a Copy of the Order under which the said Noncommissioned C 3 Proviso for Arrears. Like Allowance in Places of Military Confinement. Rates of Carriage. Proviso for further Compensation. Order of Ses. sions for further Sums to specify the Time. commissioned Officer or Private Marine was confined: Provided always, that it shall be lawful for the Lords Commissioners of the Admiralty for the time being, if they should think fit, to order the Issue and Payment of any Arrears of Pay, or of the Surplus of such Pay, or any Portion thereof, or of any Arrears thereof, to or on account of such Non-commissioned Officer or Private Marine, during or after the Expiration of the Period of his Imprisonment in any Gaol, House of Correction or Place of Military Confine ment. XXI. Provided always, and be it enacted, That in case such Imprisonment shall be in any Place of Military Confinement, and not in a Common Gaol or House of Correction, then the like Allowance of Sixpence per Day for Subsistence shall be made by the Paymaster General of Royal Marines, to the Non-commissioned Officer or Private Marine so imprisoned, in lieu of all Pay or other Allowances. XLIV. And be it further enacted, That the Sums to be paid into the Hands of such Constable or Petty Constable in England, Wales and Berwick upon Tweed, shall be according to the following Rates; that is to say, the Sum of One Shilling for every Mile any Waggon with Four or more Horses, or any Wain with Six Oxen, or Four Oxen with Two Horses, shall travel; and the Sum of Nine Pence for every Mile any Cart with Four Horses, or carrying not less than Fifteen hundred Weight, shall travel; and the Sum of Sixpence for every Mile any Waggon with narrow Wheels, or any Cart or other Carriage with less than Four Horses, and not carrying Fifteen hundred Weight, shall travel; or any further Sum not exceeding Four Pence for every Mile any Waggon with Four or more Horses, or any Wain with Six Oxen, or with Four Oxen and Two Horses, shall travel; and not exceeding Three Pence for every Mile any Cart with Four Horses, or carrying not less than Fifteen hundred Weight, shall travel; and not exceeding Two Pence for every Mile any Cart or other Carriage with less than Four Horses, and not carrying Fifteen hundred Weight, shall travel; according as the same shall be fixed and ordered by the Justices of the Peace for any County or District, assembled at any General Sessions of the Peace for such County or District, the said Justices having regard to the Price of Hay and Oats at the Time of fixing such additional Rates: Provided_always, that in Cases where the Day's March shall ex. ceed Fifteen Miles, such further Compensation shall be made and paid in like Manner to the Owners of the said Carriages for the Excess beyond the said Fifteen Miles, as shall be deemed reasonable by the Magistrates who granted the Warrant for impressing them, not exceeding the usual Rate and Hire of such Carriages: Provided always, that every Order of the Justices assembled at any General Sessions of the Peace, fixing a further Sum to be paid for the Hire of Carriages as aforesaid, in addition to the customary Rates of One Shilling and Nine Pence and Sixpence per Mile respectively, shall specify the Period for which the same shall be in force, and which shall not in any Case exceed Ten Days beyond the General Sessions of the Peace for such County or District next ensuing the Date of such Order; and a Copy of every such Order, signed by the Chairman or presiding Magistrate, and and One other Justice of the Peace or Magistrate at the Quarter Sessions at which the same shall be made, shall within Three Days after the making thereof be transmitted to the Secretary of the Admiralty; and no such Order shall be valid or effectual unless a Copy thereof be so signed and transmitted as aforesaid: Provided Justice to inalso, that in every Case of any further Sum being allowed as sert the aforesaid for the Hire of any Carriage, the Justice of the Peace Amount. granting or signing such Warrant shall insert in his own Hand the Amount of such further Sum for each Description of Carriage, as so authorized by the Justices at the Quarter Sessions as aforesaid, and the Date of the Order of the said Justices; and such Warrant shall be given to the Officer or Non-commissioned Officer commanding the Regiment, Corps, Company, Detachment or Party requiring such Carriages, as his Voucher for the Payment of such further Sum; and no further Sum shall be demanded, but such as shall be so inserted by the Justice in the Warrant. Reward for taking up Deserters. LV. And for the better Encouragement of any Person or Persons to secure or apprehend such Deserter, be it further enacted, That in the Case of every Deserter apprehended in Great Britain or Ireland, the Secretary of the Admiralty, upon receiving from the Justice of the Peace or other Civil Magistrate by whom the Deserter shall have been committed, a Report stating the Name or Names of the Person or Persons by whom the Deserter was apprehended and secured, which Report such Magistrate is hereby required to give, shall transmit to such Magistrate an Order upon the Paymaster of the Royal Marines for the Payment of the Sum of Twenty Shillings, to the Person or Persons so reported by the Magistrate: Provided always, that this Reward shall only be given Proviso. in Cases in which the Secretary of the Admiralty shall be satisfied that such Person or Persons is or are justly entitled to the same, according to the true Intent and Meaning of this Act. LVI. And be it further enacted, That any Person who shall voluntarily surrender or deliver himself up as a Deserter from His Majesty's Royal Marine Forces, or who, upon being apprehended for Desertion or any other Offence, shall, in the Presence of the Magistrate, confess himself to be a Deserter from such Forces, shall be deemed to have been duly enlisted, and to be a Marine, and shall be liable to serve, whether such Person shall have been ever actually enlisted as a Marine or not; and if the Person so confessing himself to be a Deserter shall be serving at the Time in the Royal Marine Forces, he shall be deemed to be and shall be dealt with as a Deserter. Persons confessing themers, to be deemed duly enlisted. selves Desert LX. And Whereas it has been judged expedient, for the • Prevention of Desertion, to establish Outlying Parties in the Vicinity of the respective Divisions, for the Purpose of intercepting such Men as may straggle or attempt to desert from Head Quarters, and it is fit that Encouragement should be given to the Persons composing such Parties to be diligent and active in their Duty in this Behalf;' Be it therefore enacted, That, for Reward for and in respect of every Non-commissioned Officer or Private apprehending Marine so straggling or attempting to desert, who may be appre- tempting to hended at a greater Distance from Head Quarters than is allowed desert. by the Articles of War, the Party or Parties by whom he shall be apprehended shall be entitled to a Reward of Ten Shillings, to be C 4 paid Marines at Pay. Stopped out of paid upon the Delivery up of every such Marine; which Sum of Ten Shillings shall be charged against and stopped and retained out of the Pay and Subsistence of every such Non-commissioned Officer and Private Marine, in like manner as the Reward or Sum of Two Pounds is hereinafter directed to be charged against, stopped and retained out of the Pay and Subsistence of every Deserter; any thing herein contained to the contrary in any wise notwithstanding. Persuading Marines to desert. Penalty 1001. Clause for Re lief of Persons hastily enlisting themselves. LXVII. And be it further enacted, That if any Person or Persons shall, in any Part of His Majesty's Dominions, directly or indirectly persuade or procure any Marine in the Service of His Majesty, His Heirs or Successors, to desert or leave such Service as aforesaid, every such Person or Persons so offending as aforesaid, and being thereof lawfully convicted, shall for every such Offence forfeit to His Majesty, His Heirs or Successors, or to any other Person or Persons who shall sue for the same, the Sum of One hundred Pounds; and if it shall happen that any such Offender so convicted as aforesaid hath not any Goods and Chattels, Lands or Tenements, to the Value of One hundred Pounds to pay and satisfy the same, or if from the Circumstances and Heinousness of the Crime, it shall appear to the Court, before which the said Conviction shall be made as aforesaid, that any such Forfeiture is not a sufficient Punishment for such Offence, it shall be lawful for such Court to commit any such Offender to Prison, there to remain for any Time not exceeding Twelve Months without Bail or Mainprize. LXXVI. Provided nevertheless, and it is hereby declared, That from and after the Twenty fifth Day of March One thousand eight hundred and twenty three, when and as often as any Person or Persons shall be enlisted as a Marine or Marines in His Majesty's Service, he and they shall, within Four Days, but not sooner than Twenty four Hours, after such enlisting respectively, be carried or go with some Officer, Non-commissioned Officer or Marine belonging to the Recruiting Party by which he shall be enlisted, or with the Person employed on the Recruiting Service with whom he shall have enlisted, before some Justice of the Peace of any County, Riding, City or Place, or Chief Magistrate of any City or Town Corporate, residing in or being next to or in the Vicinity of the Place where such Person or Persons shall have been enlisted, and not being an Officer of Royal Marines, and before such Justice or Chief Magistrate he or they shall be at Liberty to declare his or their Dissent to such Enlisting; and upon such Declaration, and returning the Enlisting Money, and also each Person so dissenting paying the Sum of Twenty Shillings for the Charges expended or laid out upon him, together with such full Rate allowed by Law for the Subsistence or Diet and Small Beer furnished to such Recruit subsequent to the Period of his having been enlisted, such Person or Persons so enlisted shall be forthwith discharged and set at liberty in the Presence of such Justice or Chief Magistrate; but if such Person or Persons shall refuse or neglect, within the Space of Twenty four Hours after so declaring his or their Dissent, to return and pay such Money as aforesaid, he or they shall be deemed and taken to be enlisted, as if he or they had given his or their Assent thereto before |