His Majesty may 24 G. 3. sess. 2. Of It shall and may be lawful for his Majesty to remove any fender under Sentence of Death by any Naval Court-martial, but reprieved during his Majesty's Pleasure, or under Order of Transportation by virtue of this Act, or in confinement under Sentence of any Court-martial, to such Place, in such Manner, and with such Restrictions, as he is empowered to do with respect to Offenders under Sentence of Death, but reprieved during his Majesty's Pleasure, or under Sentence or Order of Transportation by the said Act, passed in the Twenty-fourth Year of his Majesty's Reign. [24 G. 3. st. 2. c. 56. (1)] 37 G. 3. c. 140. s. 5. If any Offender under Sentence of Death by a Naval Courtmartial as aforesaid, shall be allowed the Benefit of such condiof death to apply tional Pardon as aforesaid, all and every the Laws now in force touching the Escape of Felons under sentence of Death shall court, if allowed apply to such Offender, and to all Persons aiding, abetting, or assisting in any Escape or intended Escape of any such Offender, or contriving any such Fscape, from the Time when such Order shall be made by such Justice or Baron as aforesaid, and during all the several Proceedings which shall be had for the Purposes aforesaid. s. 6. Laws touching escape of felons under sentence to offenders under like sen tence by a naval the benefit of a conditional pardon. Benefits of conditional pardon in cases of naval courts-martial, how to be carried into execution. The Statute 56 G. 3. c. 5. to extend the Powers of the lastmentioned Statute, (37 G. 3. c. 140.) recites that Statute, and also the Statutes 24 G. 3. st. 2. c. 56. and 55 G. 3. c. 156 (2). and that .6 Doubts have arisen whether the said Act [55 G. 3. c. 156.] may not have in part repealed the said Act of the Thirty-seventh Year of his said Majesty's Reign; for Removal whereof, and in order to enlarge and extend the Provisions of the said Act of the Thirty-seventh Year of the Reign aforesaid, as herein-after mentioned," it is enacted, that whenever His Majesty shall be graciously pleased to extend his Royal Mercy to any Offender liable to the Punishment of Death by the Sentence of a Naval Court martial, on condition of Transportation or Imprisonment, cr of being kept to hard Labour for Life, or for any Term of Years, it shall and may be lawful, on a Communication of the Intention of His Majesty from the Lords Commissioners of the Admiralty, or any Three or more of them, for One of His Majesty's Principal Secretaries of State, to notify to any Justice of the King's Bench or Common Pleas, or Baron of the Exchequer of the Degree of the Coif, such Intention of Mercy as aforesaid; . whereupon the said Justice or Baron shall allow such Offender the Benefit of such conditional Pardon as shall be expressed in See these Acts under Title TRANSPORTATION. such Notification, in the same manner as if a conditional Pardon to the same effect had passed under the Great Seal for that Purpose; and the said Justice or Baron, and all other Officers or Persons whatsoever, are to make such Order or Orders, and to do and perform all such Act or Acts for the carrying into effect the Punishment mentioned in such conditional Pardon, as may be required by the said Acts of the Thirty-seventh and Fiftyfifth Years of His said Majesty, or by any other Act or Acts which may be in force at the Time when such conditional Pardon shall be granted, for carrying into execution any Sentence of Transportation or Imprisonment, or to be kept to hard Labour, passed at any Court of Oyer and Terminer or Gaol Delivery in the United Kingdom; and every Sheriff, Gaoler, Keeper, Governor, or Superintendant, whom it may concern, and all Constables and other Persons, shall be bound to obey such Order or Orders, and be assistant in the Execution thereof, and of all such Act or Acts as aforesaid, and be liable to the same Punishment for Neglect, Disobedience, or Interruption of the same, as they would be if the said Offender had been convicted by any Court of Oyer and Terminer or Gaol Delivery, and as if such Order and Orders had been made, and such Act or Acts performed, or required to be performed, in pursuance of such Conviction. s. 1. It shall and may be lawful for His Majesty to cause any Of Offenders may be fender who may be in Prison or Confinement after or under any Sentence of a Naval Court-martial, or after or under any conditional Pardon as aforesaid, to be removed from the Prison or Place of Confinement in which he may at any Time be, to such other fit and proper Prison or Place of Confinement, being a Public Gaol, Prison, Hulk, Penitentiary House, or House of Correction, within the United Kingdom, as to His Majesty may seem expedient; and any One of His Majesty's principal Secretaries of State is hereby authorized and empowered to issue a Warrant or other Instrument under his Hand for such Removal, and for carrying into execution such Part or Parts of such Sentence as may remain unexpired or unsatisfied, or for which his Majesty's gracious Pardon may not have been granted; and every Sheriff, Gaoler, Keeper, Governor or Superintendant, whom it may concern, and all Constables and other Persons, shall be bound to obey the aforesaid Warrant or Instrument, be assistant in the Execution thereof, and be liable to the same Punishment for Neglect, Disobedience, or Interruption of the same, as if the said Person were under Sentence of a Court of Oyer and Terminer or Gaol Delivery for such Imprisonment as in the said Warrant may be specified. s. 2. removed from one place of confinement to another. Pay of such offenders to be stopped during During the Imprisonment of any Officer, Petty Officer or Seaman, or Officer, Non-commissioned Officer or Private of imprisonment. Royal Marines, in any Gaol or Prison or other Place of Confinement, in pursuance of any such Sentence of a Naval Courtmartial, or under any conditional Pardon, or Order, or Warrant for Removal as aforesaid, all Pay and Wages of such Officer, Petty Officer, or Seaman, or Officer, Non-commissioned Officer or Private of Royal Marines, shall be suspended and stopped, and the Gaoler, Keeper, Governor, or Superintendant, in whose Custody such Officer, Petty Officer or Seaman, or Officer, Noncommissioned Officer or Private of Royal Marines may be, shall receive and apply, in the Subsistence and Support of every such Allowance to the Prisoner, an Allowance of such a Sum of Money per Diem as gaoler. shall at that time be appointed by any Act of Parliament for the regulating of his Majesty's Royal Marine Forces while on Shore, to be paid to any Gaoler or Keeper of any Prison or House of Correction for the Subsistence of any Non-commissioned Officer or Private Marine committed into their Custody under such Act, and which Allowance the said Commissioners for executing the Office of Lord High Admiral for the time being are hereby authorized and required to cause to be paid by the Treasurer of the Navy or the Paymaster of Royal Marines, as the case may be, to the said Gaoler, Keeper, Governor, or Superintendant accordingly. 56 G. 3. c. 5. s. 3. In cases of to be removed to some Lunatic Asylum. If any person, being in Prison or Confinement under any insanity prisoners such Sentence, or by virtue of any such Warrant or Instrument as aforesaid, shall become insane, and shall be certified by Two Physicians or Surgeons to be insane, it shall and may be lawful for One of the said Secretaries of State to direct, by a Warrant or Instrument under his hand, the removal of such person to such Lunatic Asylum, or other proper Receptacle for insane persons in the United Kingdom, as he may judge proper, for the unexpired term of any such Sentence or Imprisonment or Confinement; and if any such person should be in the same manner certified to be of sound mind, the said Secretary of State may issue a similar Warrant or Instrument for his being removed to such Prison or Place of Confinement as he may deem expedient. s. 4. II. Regulations for preventing Disturbances by Seamen and others in the Dockyards, &c. and on Pay Days. The Statute 1 G. 1. st. 2. c. 25. intituled, "An Act to prevent Disturbances by Seamen and others, and to preserve the Stores belonging to his Majesty's Navy Royal, and also for explaining an Act for the better preventing the Embezzlement of his Majesty's Stores of War," &c. recites that "whereas divers Fightings, Quarrellings, and Disturbances do often happen in and about his Majesty's Offices, Yards, and Stores belonging to his Majesty's Royal Navy, and frequent Differences and Disorders are occasioned in and about the Office of his Majesty's Treasury of the Navy on Pay Days in London, Portsmouth, and other Places of meeting for the service of the said Navy, by the unreasonable turbulency of Seamen and others attending on or relating to that Service, or their creditors, or by the rudeness of the Officers intrusted with his Majesty's Stores on Land, or in his Royal Ships, when they are questioned by the Principal Officers and Commissioners of the said Navy either for Neglect or Embezzlement of his Majesty's Provisions, Ammunition, or other Equipage of the Navy under their charge, not only to the Disturbance of the Peace, but sometimes to the danger and hindrance of his Majesty's Service, both in point of husbanding his Majesty's Revenue and also in the dispatch of the Ships, on which the honour and safety of his Majesty and Kingdom so much depend; which inconveniences require a speedier remedy than the ordinary course of justice, the parties accused or offending being many times bound to sea, and the principal Officers and Commissioners, for want of authority to suppress such insolencies and disorders, and hear, determine, and punish such offences, being necessitated to pass by many offences in which his Majesty might be righted if their necessary attendance on that important Service would permit the prosecution of Offenders before other ordinary Judicatures;" for remedy thereof enacts, that the Trea- Treasurer, surer, Comptroller, Surveyor, Clerk of the Acts, and the Com- Comptroller, Surveyor, Clerk missioners of the Navy for the time being, or any one or more of the Acts, and Commissioners of them, shall from and after the 29th Sept. next ensuing have of the Navy for power and authority by Warrant under any one or more of the time being, their Hands and Seals to cause such Offenders to be apprehended turbances in the and brought before him or them, and to examine and punish all such person and persons whom he or they upon their enquiry and examination of witnesses upon Oath (which Oath he or they are hereby empowered to administer), or upon confession of the party or parties accused, or on view in his or their presence, shall find to make or have made any such Disturbance, Fighting, or Quarrelling in any the Yards, Stores, Offices, or Places aforesaid, at Pay Days or on other occasions relating to the Naval Services, in such manner as followeth (that is to say), that they or any one or more of them may punish any the said offences may punish dis yards, &c. and on pay days, by fine and imprison ment. And may also bind such offenders to good behaviour. Such officers may execute this Act in all places. The punishment of such as tell or publish false news, whereby discord, &c. may grow between by Fine, Imprisonment, or either of them, the Fine not exceeding Twenty Shillings, and Imprisonment not exceeding one Week, and have power in such cases to commit such person to the next Gaol, or to the Custody of the Messenger or Messengers for the time being attendant on them, who respectively are to receive and detain such person so offending; and that the said Principal Officers and Commissioners, or any one or more of them then present, have hereby power and authority to discharge such Fine or Imprisonment if they think fit, and for non-payment of the Fine so imposed, and not remitted, to imprison the party offending until payment thereof, or otherwise to cause such Offender or Offenders to be sent to the next House of Correction to the Place where such offence shall be committed, there to be kept at Hard Labour for the space of Two Months without Bail or Mainprize; which said Fines shall be paid to the Clerk of the Chest at Chatham for the use of the maimed Seamen. The said Officers and Commissioners, or any one or more of them (in cases where greater example or punishment is needful), may also bind the person or persons so offending to their good behaviour, and to answer the Offences whereof they shall be accused at the next Assises or General Quarter Sessions of the Peace for the County or place where such Offence shall be committed, witho r without Securities as occasion shall be, and in default of such securities where the same shall be required, to commit the person or persons offending as aforesaid to the Common Gaol of the County or place where such Offence shall be committed, in order to their being prosecuted for such Offence or Offences at the next Assises or General Quarter Sessions of the Peace for such County or place. s. 2. By s. 10. the said Treasurer, Comptroller, Surveyor, Clerk of the Acts, and the Commissioners of the Navy for the time being, or any one or more of them, may execute all and every the powers hereby or by any other Law given them or any of them, on all and every the Offenders aforesaid, in all places, as well within Liberties as without; any Law, Statute, Ordinance, Charter, or Privilege to the contrary notwithstanding. News. Forasmuch as there have been oftentimes found in the Country Devisors of Tales, whereby Discord, or occasion of Discord, hath many times arisen between the King and his People, or great Men of this Realm; for the Damage that hath and may |