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proceedings or trial may be had between the hours of six in the morning Jo Geo. IV. and four in the afternoon : Provided also, that all witnesses duly summoned by the judge advocate, or the person officiating as such, shall, during their necessary attendance in such courts, and in going to and returning from the same, be privileged from arrest, and shall, if unduly arrested, be discharged hy the court out of which the writ or process issued by which such witness was arrested; or if such court be not sitting, then by any judge of the Court of King's Bench in London or in Dublin, or Court of Session in Scotland, or Courts of Law in the East or West Indies or elsewhere, according as the case shall require, upon its being made to appear to such court or judge, by affidavit in a summary way, that such wiiness was arrested in going to or returning from or attending upon such court-martial; and that all witnesses so duly summoned as aforesaid who shall not attend on such courts shall be liable to be attached in the Court of King's Bench in London or Dublin, or Court of Session, or sheriff depute or stewarts depute, or their respective substitutes, within their several shires and stewartries in Scotland, or courts of law in the East or West Indies, or in any of his Majesty's colonies, garrisons, or dominions in Europe or elsewhere respectively, upon complaint made, in like manner as if such witness bad neglected to attend in a trial in any proceeding in that court.
XV. And be it enacted, That no officer or soldier, being acquitted or Appeal. convicted of any offence, shall be liable to be tried a second time by the same or any other court-martial for the same offence, unless in the case of an appeal from a regimental to a general court-martial; and that no finding, opinion, or sentence given by any court-martial, and signed by the president thereof, shall be liable to be revised more than
XVI. And be it enacted, That every judge advocate, or person offi- Report of ciating as such at a general court-martial, is required to transmit
, with as Proceedings much expedition as the opportunity of time and distance of place can ad- of General mit, the original proceedings and sentence thereof to the judge advocate Courts-mar
tial. general in London, in whose office they shall be carefully preserved; and the person tried by such court, or any person in his behalf, shall be entitled, on demand, to a copy of such sentence and proceedings (paying reasonably for the same), whether such sentence shall be approved or not, at any time not sooner than six months if the trial took place at Gibraltar or in the Mediterranean, three months if at any other station within Exrope, and twelve months if elsewhere in his Majesty's dominions: Pro. vided that such demand as aforesaid shall be made, and any proceedings thereon had, within the space of three years from the date of the approval or other final decision upon the proceedings before such general court-martial.
XVII. And be it enacted, That whenever it is intended that a person Transportaconvicted of desertion shall be transported, either in pursuance of the tion from the original sentence of a court-martial or of his Majesty's gracious order of United Kingcommutation as aforesaid, the sentence of the court-martial, together dom. with his Majesty's pleasure upon the same, shall be notified in writing by the officer commanding in chief his Majesty's forces in Great Britain and Ireland, or, in the temporary absence of such officer, by the adjutant general, to any judge of the King's Bench, Common Pleas, or Exchequer in England or Ireland, and thereupon such judge shall make an order for the transportation of such offender in conformity with such notification, and shall also do all such other Acts consequent upon the same as such judge is authorized to du by any Act in force touching the transportation of other offenders; and the persons in whose custody such offender shall at that time be, and all other persons wh soever wh the said order may concern, shall be bound to obey and shall be assistant in the execution thereof, and shall be liable to the same punishment for disobedience, or for interrupting the execution of the same, as if the order had been made under the authority of any such Act as aforesaid ; and every person so ordered to be transported shall be subject to every provision made by law and in force concerning persons convicted of any crime and under
10 Geo. IV. sentence of transportation; and from the time when such order of
of felons shall apply to such offender, and to all persons aiding, abetting,
and shall, on application, deliver a certificate in writing (not taking
same. Transporta- XVIII
. And be it enacted, That whenever any person convicted of tion from the desertion is to be transported from the East Indies, or from any part of Colonies.
his Majesty's foreign dominions, either in pursuance of the original sen-
whatsoever therein concerned. Offences
XIX. And be it enacted, That all crimes and offences which have been against former committed against any Act for punishing mutiny and desertion, and for Mutiny Acts
the better payment of the army and their quarters, or against any of the may be tried
articles of war made and established by viriue of the same, may, during under this Act. the continuance of this Act, be inquired of and punished in like manner
as if they had been committed against this Act; and every warrant for
the impediment shall have ceased.
belonging to any corps from which he may have originally deserted may
crime committed by him while serving therein, notwithstanding it shall 10 Geo. IV. be known that he had previously belonged to some other corps or party, and had not been discharged therefrom; and if such person shall be claimed by such other corps 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 be given in evidence as an aggravation of his crime, previous notice being always given to such deserter of the intention to produce such evidence upon his trial.
XXI. And be it enacted, That it shall be lawful for the constable of any Apprehension place where any person reasonably suspected to be a deserter shall be of Deserters. found, or of any adjoining place, and if no such constable can be immediately met with, then for any officer or soldier in his Majesty's service, to apprehend, or cause such suspected person to be apprehended, and to cause him to be brought before any justice living in or near such place, and acting for the same or any adjoining county, who hath hereby power to ex. amine such suspected person; and if by his confession, or the testimony of one or more witnesses upon oath, or by the knowledge of such justice, it shall appear that such suspected person is a soldier, and ought to be with the corps to which he belongs, such justice shall forthwith cause him to be conveyed to some public prison in such place, or if there be no public prison in such place, then, at the discretion of such justice of the peace, to the nearest or most convenient public prison in the same or any next adjoining county, or to the provost marshal, in case such deserter shall be apprehended within the city or liberties of Dublin or places adjacent; and such justice shall transmit an account thereof, in the form prescribed in the schedule annexed to this Act, to the secretary at war, or, if the deserter be apprehended in Ireland, to the chief secretary, to the end that such person may be proceeded against according to law; and such justice shall also send to the secretary at war a report, stating the names of the persons by whom the deserter was apprehended and secured; and the secretary at war shall transmit to such justice an order for the payment to such persons of such sum, not exceeding forty shillings, as the secretary at war shall be satisfied they are entitled to, according to the true intent and meaning of this Act: Provided also, that no fee or reward shall be taken by any justice, or his clerk, in respect of any information, commitment, or report as aforesaid.
XXII. And be it enacted, That any person who shall voluntarily deliver Fraudulent himself up as a deserter from his Majesty's forces or the embodied militia, Confession of or the forces of the East India company, or who, upon being apprehended Desertiɔn. for any offence, shall, in the presence of the justices, confess himself to be a deserter as aforesaid, shall be deemed to have been duly enlisted and to be a soldier, and shall be liable to serve in any of his Majesty's forces, as his Majesty shall think fit to appoint, whether such person shall have been ever actually enlisted as a soldier or not; and if the person so confessing himself to be a deserter shall be serving at the time in any of his Majesty's forces, he shall be deemed to be and shall be dealt with as a deserter.
XXIII, And be it enacted, That every person who shall in any part of Penalty for his Majesty's dominions, direcıly or indirectly, persuade any soldier to inducing or desert his Majesty's service, shall suffer such punishment by fine or im- assisting to prisonment, or both, as the court before which the conviction may take desert. place shall adjudge; and every person who shall assist any deserter from his Majesty's service, knowing him to be such, in deserting or in concealing. himself from such service, shall forfeit for every such offence the sum of twenty pounds.
XXIV. And be it enacted, That every commissioned officer who shall, Penalty for without warrant from one or more of his Majesty's justices, forcibly enter forcible Entry. into or break open the dwelling house or outhouses of any person whomsoever, under pretence of searching for deserters, shall, upon due proof thereof, forfeit ihe sum of twenty pounds.
Custody of OfXXV. And be it enacted, That every gaoler and keeper of any prison fenders under or house of correction in England or Ireland shall, upon the order in Military
10 Geo. IV, writing of any commanding officer of a district, garrison, regiment, or c. 6. corps, (as the case may be,) receive and provide a proper place of confine
ment for any soldier under sentence of imprisonment by a court-martial, and shall detain such soldier during the period stated in such order, or until he be discharged, or shall deliver up such soldier to any person producing an order in writing to that effect from any such commanding officer as aforesaid, although the period for which the soldier was originally committed shall not have expired; and every such gaoler who shall refuse to receive and to confine any such non-commissioned officer or soldier in manner as aforesaid shall forfeit for every such offence the sun of one
hundred pounds. Custody of XXVI. And be it enacted, That the gaoler or person having the immeDeserters.
diate inspection of any prison, gaol or house of correction in England and Ireland, shall receive and apply to the maintenance of every soldier, during the period of his imprisonment, sixpence per diem, which the secretary at war'shall cause to be issued out of the subsistence of such soldier, upon application in writing, signed by any justice within whose jurisdiction such place of confinement shall be locally situated, together with a copy of the order of commitment; and such gaoler is hereby required to receive and confine every deserter who shall be delivered into his custody by any soldier conveying such deserter under lawful authority, on production of the warrant of the justice of the peace on which such deserter shall have been taken, or some order from the office of the secretary at war, or chief governor or governors of Ireland ; and such gaoler shall be entitled to one shilling for the safe custody of the said deserter, while halted on the march, and to such subsistence for his maintenance as shall be directed by his
Majesty's regulations. Notice of Ex
XXVII. And be it enacted, That every gaoler, to whom any notice shall piration of
have been given that any person in his custody for any offence is a soldier Imprison.
liable to serve his Majesty on the expiration of his imprisonment, shall give one month's notice of the period of such expiration of imprisonment, or if there shall not be sufficient time for a month's notice, then the longest practicable notice thereof, to the secretary at war, or, if in Ireland, to the
chief secretary Various Per
XXVIII. And be it enacted, That all the provisions of this Act shall sons subject
apply to all persons employed on the recruiting service, i receiving pay in to the Act.
respect of such service, and to the officers and persons now or hereafter serving and hired to be employed in the royal ariillery and field train, and master gunners and gunners, and conductors of stores, and in the regi. Inent of royal engineers, and in the corps of royal sappers and miners, and in the corps of royal military surveyors and draftsmen, in the ordnance and in the commissariat departments, and who are or shall be serving with any part of his Majesty's forces, at home or abroad, under the command of any officer having commission from his Majesty; and all storekeepers and other civil officers who are or shall be employed by or act under the ordnance at any of his Majesty's ordnance establishments at foreign stations; provided that nothing in this Act contained shall extend to affect any security which has been given by such storekeeper, barrack master, or other officer, or their sureties, for the due performance of their respective offices, under the provisions of an Act passed in the fiftieth year of the reign of his late Majesty, to regulate the taking of securities in all offices, but that such bonds and other securities shall be and remain in full
force and effect. Foreign
XXIX. And be it enacted, That all officers and soldiers of any troops, Troops in this
being mustered and in pay, which shall be raised and serving in any of Country.
his Majesty's dominions abroad, or in places in possession of or occupied by his Majesty's subjects, under the command of any officer having any cominission iinmediately from his Majesty, shall be liable to martial law in like manner as his Majesty's other forces are; and if such officers and soldiers, having been made prisoners, be sent into England or Ireland, although not allowed to serve therein, all the provisions of this Act, in
regard to billetting soldiers, shall apply to such officers and soldiers. and XXX. And be it enacted, That nothing in this Act contained shall in pry.
anywise be construed to extend to any of the militia forces or yeomanry 10 Geo. IV. or volunteer corps in Great Britain or Ireland, excepting only in such case wherein, by any Actor Acts for regulating any of the said forces or corps, the provisions contained in any Act for punishing mutiny and desertion shall be specifically made applicable to the said corps.
XXXI. And be it enacted, That this Act shall be construed to extend Limitations as to the islands of Jersey, Guernsey, Alderney, Surk, and Man, and the to certain islands thereto belonging, as to the provisions therein for mustering and Islands. paying, and to the provisions for the trial and punishment of officers and soldiers who shall be charged with mutiny and desertion, or any other of the offences which are by this Act declared to be punishable by the sentence of a general, or garrison, or detachment, or regimental court. martial, and also to the provisions which relate to the punishment of persons who shall conceal deserters, or shall knowingly buy, exchange, or otherwise receive any arms, clothes, military furniture or regimental necessaries from any soldier or deserter, or who shall cause the colour of any such clothes to be changed.
XXXII. And be it enacted, That every person who shall receive enlist. Enlisting and ing money from any person employed in the recruiting service, he being swearing of an officer, non-commissioned officer, or an attested soldier, shall be deemed Recruits. to be enlisted as a soldier in his Majesty's service, and while he shall remain with the recruiting party shall be entitled to be billetted; and every person who shall enlist any recruit shall first ask the person offering to enlist, whether he does or does not belong to the militia, and shall cause to be taken down, in writing, the name and place of abode of such recruit; and when any person shall be enlisted as a soldier in his Majesty's land service, he shall, within four days, but not sooner than twenty-four hours after such enlisting, appear, together with some person employed in the recruiting service of the party with which he shall have enlisted, before a justice residing in the vicinity of the place, and acting for the division or district where such recruit shall have been enlisted, and not being an officer in the army, and if such recruit shall declare his having voluntarily enlisted, the said justice shall cause to be read to him the notice contained in the schedule to this Act annexed, and shall examine him as to whether he does or does not belong to the militia, and shall require the recruit to sign a declaration in the form in the said schedule, and he is hereby required forthwith to cause to be read over in his own presence to such recruit the first and second article of the second section of the articles of war against mutiny and desertion, and to administer to such recruit the oath of allegiance and fidelity, and oath in the schedule to this Act annexed, for limited or unlimited service, or for service in the forces of the East India company, as may be applicable to the case of the recruit, and no other oaths, any thing in any Acts to the contrary notwithstanding; and the said justice is hereby required forthwith to certify, under his hand, the enlisting and swearing, in the form attached to such oaths respectively, together with the place of birth, age, and calling, if known, of such recruit; and if any such recruit so to be certified shall refuse to take the oath of allegiance and fidelity before the said justice, it shall be lawful for the officer or non-commissioned officer with whom he enlisted to detain and confine such person until he shall take the said oath of fidelity.
XXXIII. And be it enacted, That any recruit appearing as aforesaid Dissent and before such justice shall be at liberty to declare his dissent to such enlist- Relief from ing, and upon such declaration, and returning the enlisting money, and Enlistment. also paying the sum of lwenty shillings for the charges expended upon hiin, together with the full amount of subsistence and beer money which shall have been paid to such recruit subsequent to the period of his having been enlisted, shall be forthwith discharged and set at liberty, in the presence of such justice; but if such person shall refuse or neglect, within the space of twenty-four hours after so declaring his dissent, to return such money as aforesaid, he shall be deemed and taken to be enlisted as if he had given his assent thereto before the said justice : Provided also, that it shall be lawful for any justice to discharge any person who shall