to

notice shall be

given to the

Sheriff or Stew ard Depute.

mence his or their action or suit within One Year next after such offence shall be committed: Provided nevertheless, that the In Scotland, notice hereby required may and shall be given in Scotlan i the Sheriff or Stewart Depute or Substitute of the County or Stewartry where such fact shall happen to be committed, in order that such measures may be taken as the law of Scotland prescribes in such cases. s. 3.

$4. In whom the Property stolen from Mines shall be laid to be.

The Statute 56 G. 3. c. 73. intituled "An Act for removing Difficulties in the Conviction of Offenders stealing Property from Mines," recites that "the Minerals, and the Timber, Iron, and other Materials used in or for the working of Mines, are much exposed to Depredation;" and that "great Difficulties have been experienced in prosecuting to Conviction and bringing to Justice persons who have stolen such Property, by reason of the rule of Law which at present prevails throughout that part of Great Britain called England, for setting forth in Indictments for Larceny the names of all the persons who may be the Owners of or are interested in the Property stolen;" and that "the identity of such Property may be ascertained and described as effectually by averring the same in such Indictment to be the Property of some one or more of the Partners in such Mining Concerns, and others his or their Partners or Co-adventurers, without naming such other Partners or Co-adventurers ;" and then enacts, that from and after the pass- In Indictments ing of this Act it shall and may be lawful, and shall be deemed for stealing minerals, &c. sufficient to all intents and purposes whatsoever, for the Con- from mines, the ownership may viction of any Offender or Offenders charged in any Indictment be laid to be in with Grand or Petty Larceny for or on account of stealing any one person or Minerals, or any Timber, Iron, or other Materials used in or their partners or for the working of Mines, being the Personal Property of co-adventurers. Company or Adventurers carrying on the same, to alledge and aver that the Minerals, Timber, Iron, or other Materials so stolen, are the Property of some one or more of the Partners or Adventurers in such Mining Concern, and others his or their Partners or Co-Adventurers, without naming such other Partners or Co-Adventurers; and that such form of describing the Property stolen from such Company or Adventurers shall be to all intents and purposes whatsoever as valid and effectual in Law as if the same were averred to be the Property of all the Owners thereof, and as if the Names of all such Owners were particularly and distinctly set forth in such Indictment; any Law, Custom, or Usage to the contrary thereof in anywise notwithstanding.

any

more, and his or

To stand mute,

&c. upon arraignment for felony, shall amount to

a conviction.

Recital of

7 Ann. c. 5. and

Io Ann. c. 5.

Mute.

"For the more effectual proceeding against persons standing Mute on their Arraignment for Felony or Piracy," be it enacted, that if any person from and after the passing of this Act, being arraigned on any Indictment or Appeal for Felony, or on any Indictment for Piracy, shall upon such Arraignment stand Mute, or will not answer directly to the Felony or Piracy, such person so standing Mute as aforesaid shall be convicted of the Felony or Piracy charged in such Indictment or Appeal, and the Court before whom he shall be so arraigned, shall thereupon award Judgment and Execution against such person in the same manner as if such person had been convicted by Verdict or Confession of the Felony or Piracy charged in such Indictment or Appeal; and such Judgment shall have all the same consequences in every such respect as if such person had been convicted by Verdict or Confession of such Felony or Piracy, and Judgment had been thereupon awarded. 12 G. 3. c. 20. s. 1.

The provisions of this Act shall extend to his Majesty's Colonies and Plantations in America. s. 2.

Natural-born Subjects.

By the Statute 4 G. 2. c. 21. intituled "An Act to explain a Clause in an Act [7 Ann. c. 5.] which relates to the Children of the natural-born Subjects of the Crown of England, or of Great Britain;" reciting that whereas by an Act of Parliament made in the Seventh Year of the Reign of Queen Anne [7 Ann. c. 5.] it is (amongst other things) enacted, that the Children of all natural-born Subjects, born out of the Ligeance of her said late Majesty, her Heirs and Successors, should be deemed, adjudged, and taken to be natural-born Subjects of this kingdom to all intents, constructions, and purposes whatsoever; and that whereas in the Tenth Year of her said late Majesty's Reign, another Act was made and passed, to repeal the said Act (except what related to the Children of her Majesty's natural-born Subjects born out of her Majesty's Allegiance); and whereas some doubts have arisen upon the construction of the said recited Clause in the said Act of the Seventh Year of her late Majesty's Reign: Now, for the explaining the said recited Clause in the said Act, relating to Children of Natural-born Subjects, and to prevent any disputes touching the true intent Children of na- and meaning thereof, be it declared and enacted, that all Chiltural-born sub- dren born out of the Ligeance of the Crown of England, or of Great Britain, or which shall hereafter be born out of such

jects, born out of the allegiance

declared to be

Ligeance, whose fathers were or shall be natural-born Subjects of the crown, of the Crown of England, or of Great Britain, at the time of natural-born the Birth of such Children respectively, shall and may, by virtue subjects. of the said recited Clause [s. 3.] in the said Act of the Seventh Year of the Reign of her said late Majesty, and of this present Act, be adjudged and taken to be, and all such Children are hereby declared to be natural-born Subjects of the Crown of Great Britain, to all intents, constructions, and purposes what

soever. s. 1.

Not to extend persons attainted

to the issue of

Provided always, and be it further declared and enacted, that nothing in the said recited Act of the Seventh Year of her said late Majesty's Reign, or in this present Act contained, did, of treason, doth, or shall extend, or' ought to be construed, adjudged, or taken to extend, to make any Children born or to be born out of the Ligeance of the Crown of England, or of the Crown of Great Britain, to be natural-born Subjects of the Crown of England, or of Great Britain, whose Fathers at the time of the Birth of such Children respectively were or shall be attainted of High Treason, by Judgment, Outlawry, or otherwise, either in this Kingdom or in Ireland, or whose Fathers at the time of the Birth of such Children respectively, by any Law or Laws made in this Kingdom or in Ireland, were or shall be liable to the Penalties of High Treason or Felony, in case of their returning into this Kingdom or into Ireland without the Licence of his Majesty, his Heirs or Successors, or of any of his Majesty's Royal Predecessors, or whose Fathers, at the time of the Birth of such Children respectively, were or shall be in the actual Service of any foreign Prince or State then in enmity with the Crown of England or of Great Britain; but that all such Children are, were, and shall be and remain in the same state, plight, and condition, to all intents, constructions, and purposes whatsoever, as they would have been in if the said Act of the Seventh Year of her said late Majesty's Reign, or this present Act, had never been made; any thing herein, or in the said Act of the Seventh Year of her said late Majesty's Reign contained, to the contrary in anywise notwithstanding. s. 2.

or

in actual serprinces in enmity

vice of foreign

with the crown.

persons.

Provided always, and be it further enacted, that if any Child, Act not to exwhose Father at the time of the Birth of such Child was attainted tend to certain of High Treason as aforesaid, or was liable to the Penalties of High Treason or Felony, in case of returning into this Kingdom or Ireland without Licence as aforesaid, or was in the actual Service of any foreign Prince or State then in enmity

The benefits of 4 G. 2. c. 21.

extended to the

persons therein

mentioned.

and excepting always out of this proviso, all Children of such persons who went out of Ireland in pursuance of the Articles of Limerick), hath come into Great Britain or Ireland, or any other of the Dominions belonging to the Crown of Great Britain, and hath continued to reside within Great Britain or Ireland, or other the Dominions aforesaid for the space of Two Years, at any time between the 16th November 1708, and the 25th March 1731, and during such Residence hath professed the Protestant Religion; or if any Child, whose Father, at the time of his or her Birth, was within any of the descriptions before mentioned, hath come into Great Britain or Ireland, or any other of the Dominions belonging to the Crown of Great Britain, and professed the Protestant Religion, and died within Great Britain or Ireland, or any other of the Dominions aforesaid, at any time between the said 16th November 1708, and the said 25th March 1731; or if any Child, whose Father, at the time of his or her Birth, was within any of the descriptions before mentioned, hath been and continued in the actual possession or receipt of the Rents and Profits of any Lands, Tenements, or Hereditaments in Great Britain or Ireland, for the space of One whole Year, at any time between the said 16th November 1708, and the 25th March 1731, or hath bona fide, and for good and valuable consideration, sold, conveyed, or settled any Lands, Tenements, or Hereditaments in Great Britain or Ireland, and any person claiming title thereto under such Sale, Conveyance, or Settlement, hath been and continued in the actual possession or receipt of the Rents and Profits thereof, for the space of Six Months, between the said 16th November 1708, and the said 25th March 1731, every such Child shall be deemed, and adjudged, and taken to be, and to have been a natural-born Subject of the Crown of England, or of the Crown of Great Britain, to all intents, constructions, and purposes whatsoever; any thing herein contained to the contrary thereof in anywise notwithstanding. 4 G. 2. c. 21. s. 3.

The Stat. 13 G. 3. c. 21. enacts, that all persons born or who hereafter shall be born out of Ligeance of the Crown of children of the England, or of Great Britain, whose Fathers were or shall be by virtue of a Statute [4 G. 2. c. 21.] entitled to all the rights and privileges of natural-born subjects of the Crown of England or of Great Britain, shall and may be adjudged and taken to be, and are hereby declared and enacted to be natural-born subjects of the Crown of Great Britain, to all intents, constructions, and purposes whatsoever, as if he and they had been and were born in

this Kingdom; any thing contained in 12, 13 W. 3. c. 2. to the contrary in anywise notwithstanding.

Nothing in this Act contained shall extend, or be construed, This Act not to adjudged, or taken to extend, to make any persons born or to be alter 4 G. 2. c.2 1. born out of the ligeance of the Crown of England, or of the Crown of Great Britain, to be natural-born subjects of the Crown of Great Britain contrary to all or any of the Provisoes, Exceptions, Limitations, and Restrictions contained in the said Act [4 G. 2. c. 21.,] or to repeal, abridge, or alter the same; but all such Clauses shall be and remain in the same state, plight, and condition, to all intents, constructions, and purposes whatsoever, as they would have been if this Act had never been made. s. 2.

estate unless

Provided always, that no person shall be enabled hereby to Not to defeat any defeat any Estate, Right, or Interest, which upon the last day claim be made of this Session shall be lawfully vested in any other person, or within five years. to claim or demand any Estate or Interest which shall hereafter

accrue, unless such claim or demand be made within five years next after the same shall accrue.

s. 4.

Navy.

I. The Articles of the Navy, and as to Naval Courts Martial. i. The Articles of the Navy.

ii. As to Naval Courts Martial.

II. Regulations for preventing Disturbances by Seamen and others in the Dock Yards, &c. and on Pay Days.

I. i. The Articles of the Navy.

The Statute 22 G. 2. c. 23. intituled "An Act for amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea," recites that "the several Laws relating to the Sea Service, made at different Times and on different Occasions, have been found by Experience not to be so full, so clear, so expedient, or consistent with each other, as they ought to be;" and then for "amending and explaining the said Laws, and for reducing them into one uniform Act of Parliament," it is enacted, that from and after the 25th Dec. 1749, the Stat. 13 Car. 2. c. 9. so much of 2 W. & M. c. 2. as relates to the Oath to be taken by Members of Courts Martial, and so much of 6 G. 1. c. 19, as relates to the Trial and Punishment of Persons committing the Offences therein mentioned on the Shore, and so much of 8 G. 1. c. 24. (s. 8.) as directs the