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Officers in army regulated prices, giving more than or paying agents

for negociating, to forfeit their

commissions, and

be cashiered;

their commis

sions to be sold, and half of the

produce, when

not exceeding a

Forces, or by the Colonels or Commandants of Regiments or Corps, and shall act therein under such Regulations only as are or shall from time to time be established by his Majesty, and shall not cause or procure, or knowingly permit or suffer to be printed or advertised, any Advertisement or Advertisements, Proposal or Proposals, for any Purchase or Sale or Exchange of any Commission, or any Negociation relating thereto, and shall not receive or take any Money, Fee, Gratuity, or Reward, or any Promise, Agreement, Covenant, Contract, Bond, or Assurance, or by any Way, Means, or Device, contract or agree to receive or have any Money, Fee, Gratuity, or Reward, for acting in such behalf. 49 G. 3. c. 126. s. 7. (See further exceptions page 666.) Provided also, that every Officer in his Majesty's Forces, who shall take, accept, or receive, or pay, or agree to pay, any larger Sum of Money, directly or indirectly, than what is allowed by any Regulations made by his Majesty in relation to the Purchase, Sale, or Exchange of Commissions in his Majesty's Forces, or who shall pay, or cause to be paid, any Sum of Money to any Agent or Broker, or other person, for negociating the Purchase or Sale or Exchange of any such Commission, shall, on being convicted thereof by a General Court-martial, certain sum, to forfeit his Commission, and be cashiered; and as an Encourage- go to informer. ment for the Detection of such Practices, such Commission so forfeited shall be sold, and half the regulated Value (not exceeding Five hundred Pounds) shall be paid to the Informer, and the other half, or the remainder if more than Five hundred Pounds, shall go and be applied as his Majesty shall order and direct by any Regulations from time to time made in that behalf: Provided also, that every person who shall sell his Commission in his Majesty's Forces, and not continue to hold any Commission in his Majesty's Forces, and shall, upon or in relation to such Sale, take, accept, or receive, directly or indirectly, any Money, Fee, Gratuity, Loan of Money, Reward, or Profit, or any Promise, Agreement, Covenant, Contract, Bond, or Assurance, or shall by any device or means contract or agree to receive or have any Money, Fee, Gratuity, Loan of Money, Reward, or Profit, beyond the regulated price or value of the Commission sold, and also every person who shall wilfully or knowingly aid, abet, or assist such person therein, shall be deemed and adjudged guilty of a Misdemeanor within the provisions of this Act. s. 8.

Provided always, that nothing in this Act contained shall extend or be construed to extend to any Office excepted from the

Act not to extend

to offices ex

cepted in former

act, nor to secu- provisions of the said Act passed in the Sixth Year of the Reign

rities or trans

actions under

legal securities.

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of King Edward the Sixth, against buying and selling of Offices, or to any Office which was legally saleable before the passing of this Act, and in the gift of any person by virtue of any Office of which such person is or shall be possessed under any Patent or Appointment for his Life, or to render invalid, or in any manner to affect any Promise, Agreement, Covenant, Contract, Bond, Assurance, or Trust, entered into or declared before the passing of this Act, and which before the passing thereof was a valid Promise, Agreement, Covenant, Contract, Bond, Assurance, or Trust, in Law or Equity, or to any Money paid, or to any Act, Matter, or Thing done in pursuance of any such Promise, Agreement, Covenant, Contract, Bond, or Assurance. s. 9.

Provided also, that nothing in this Act contained shall extend or be construed to extend to prevent or make void any Deputation to any Office, in any case in which it is lawful to appoint a Deputy, or any Agreement, Contract, Bond, or Assurance lawfully made in respect of any Allowance, Salary, or Payment made or agreed to be made by or to such Principal or Deputy respectively, out of the Fees or Profits of such Office. s. 10.

Provided also, that nothing in the said Act or in this Act contained shall extend to any annual Reservation, Charge, or Payment made or required to be made out of the Fees, Perquisites, or Profits of any Office to any person who shall have held such Office, in any Commission or Appointment of any person succeeding to such Office, or to any Agreement, Contract, Bond, or other Assurance made for securing such Reservation, Charge, or Payment: Provided always, that the Amount of such Reservation, Charge, or Payment, and the Circumstances and Reasons under which the same shall have been permitted, shall be stated in the Commission, Patent, Warrant, or Instrument of Appointment of the person so succeeding to and holding such Office, and paying or securing such Money as aforesaid.

s. 11.

The Offices of Masters and Six Clerks, and First and Second Examiners of the Court of Chancery in Ireland, exempted from the Provisions of this Act whilst held by the present Possessors.

s. 12.

By Statute 53 G. 3. c. 54. it is enacted, that the foregoing Act 49 G. 3. c. 126. s. 7. for preventing the Purchase, Sale, Exchange, or Brokerage of Offices, shall not extend to any Purchases, Sales, or Exchanges of any Commissions or Appointments in his Majesty's Battle-axe Guards in Ireland.

Provided always, that every person who shall commit, in Manner of punishing ofScotland, any Offence against this Act, which by the Provisions fenders in of the same is constituted a Misdemeanor, shall be liable to Scotland. be punished by Fine and Imprisonment, or by the one or the other of such Punishments, as the Judge or Judges before whom such Offender shall be tried and convicted may direct. 49 G. 3. c. 126. s. 13.

Offences com

mitted in the

colonies shall be

Bench in Eng

All Offences committed against the Provisions of the said recited Act and this Act, by any Governor, Lieutenant Governors, or Person having the chief Command, Civil or tried in King's Military, in any of his Majesty's Dominions, Colonies, or Plant- land by virtue of ations, or his or their Secretary or Secretaries, may and shall be 42 G. 3. c. 85. prosecuted and enquired of, and heard and determined, in his Majesty's Court of King's Bench at Westminster, in like manner as any Crime, Offence, or Misdemeanor committed by any person holding a public Employment abroad, may be prosecuted and enquired of under the provisions of an Act passed in the Forty-second Year of the Reign of his present Majesty. [42 G. 3. c. 85.] s. 14.

Dutlawry.

(And see title TREASON.)

And whereas it is agreeable to Justice that Proceedings in Criminal Causes should be as public and notorious as in Civil Cases, because the consequences to persons outlawed in Criminal Causes are more fatal and dangerous to them and their Posterity than in any other causes; be it enacted, that upon the issuing of any Exigent out of any of their Majesty's Courts against any person for any Criminal matter, before Judgment or Conviction, there shall issue out a Writ of Proclamation bearing the same test and return to the Sheriff or Sheriffs of the County, City, or Town Corporate where the person or persons in the Record of the said Proceedings is or are mentioned to be or inhabit, according to the form of the Statute (31 Eliz. c. 3.) which Writ of Proclamation shall be delivered to the said Sheriff or Sheriff's Three Months before the return of the same. 4, 5 W. & M.

c. 22. s. 4.

This Act is made perpetual by 7, 8 W. 3. c. 36. s. 4.

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Writ of proclamation to be de

livered to the

Sheriff three

months before the return.

Before whom

and in what manner treasons, murders, manslaughters and malicious striking in palaces or royal residences shall be tried.

Inst. 133.

Palaces.

The Statute 33 H. 8. c. 12. recites, that "where Treasons, Misprisions of Treasons, Murders, Manslaughters, and other malicious Strikings, by reason whereof Blood is or shall be shed against the King's Peace, been often and many Times done and committed within the Limits of the King's Palace or House, or other House or Houses, where and when his Majesty is there demurrant and abiding in his own most Royal Person, which Offences when they be done be best known by his Highness Officers and Ministers of his most honourable Houshold, and by his Majesty's Servants of the Chequer-Roll; and if his Majesty shall happen to remove from such his Palace or House, or other House or Houses where such Offences were done, before the Trial or Determination thereof, then such Offences might not lawfully be tried, heard and determined by and before the said Officers, but be remitted to be tried and determined by the order of the Common Laws of this Realm; by reason whereof the Punishment of the said Offenders in such cases hath been long delayed, and sometimes their Offences forgotten and not remembered, and so escape unpunished;" and then enacts, that all Treasons, Misprisions of Treasons, Murders, Manslaughters, Bloodsheds and malicious Strikings, by reason whereof Blood is or shall be shed against the King's Peace, which hereafter shall be done within any the Palaces or Houses of his Highness or his Heirs, or any other House or Houses, at such Time as his Majesty hereafter shall happen to be then demurrant or abiding in his Royal Person, shall be from henceforth inquired of, tried, heard and determined within any of the King's Palaces or Houses, or other House or Houses where his Majesty or his Heirs shall hereafter repair unto or be abiding, in Manuer and Form following, that is to say, before the Lord Great Master or Lord Steward for the time being of the King's most honourable Houshold, and of his Heirs and Successors; ard in the Absence of the said Lord Great Master or Lord Steward of the Houshold, before the Treasurer and Comptroller for the time being of the King's most honourable Houshold, and of his Heirs and Successors, and Steward of the Marshalsey for the time being, or two of them, whereof the Steward of the Marshalsey for the time being to be one, by virtue of their Offices, without any Commission or other Authority or Power, other than by the Authority of this present Act, to be given unto them or any of them; which Steward of the Marshalsey shall be

for ever from time to time assigned and appointed by Writing under the Seal of the said Lord Great Master, or Lord Steward for the time being: And whether the King's Majesty or his Heirs hath or at any Time hereafter shall be removed from the Palace, House or Houses, where such Offences were or shall be done, or not removed before they be inquired of, tried, heard and determined, yet such Offences shall, by the authority of this Act, always from henceforth be inquired of, tried, heard and determined before the King's Majesty and his Heirs, Officers and Ministers of his Houshold before named, or two of them, as is aforesaid, by the Inquisition and Verdict of his Highness and his Heirs houshold Servants, in his or their Check-Roll, in manner and form as before and hereafter is expressed in this present Act, and at such Palace, House or Houses, where his Majesty or his Heirs shall be at any Time hereafter demurrant or abiding.

And that all such returns of process, and all executions and judgments concerning the Premises, shall be had and done by the Officers before and hereafter expressed, and in manner and form as before and hereafter in this present Act is contained. 33 H. 8. c. 12. s. 2.

And that all Inquisitions upon the view of persons slain, or hereafter to be slain within any of the King's said Palaces or Houses, or other House or Houses as aforesaid, shall be by authority of this Act had and taken hereafter for ever by the Coroner for the time being of the Houshold of our Sovereign Lord the King, or his Heirs, without any adjoining or assisting of any other Coroner of any Shire within this Realm, by the oath of twelve or mo of the Yeomen Officers of the King and his Heirs most honourable Houshold, returned by the two Clerks Comptrollers, the Clerks of the Check, and the Clerks Marshals, or one of them for the time being, of the said Houshold, to whom the said Coroner of the same Houshold shall direct his Precept; which Coroner of our said Sovereign Lord the King's Houshold shall be from time to time named, appointed, and assigned by the said Lord Great Master, or Lord Steward for the time being: and that the said Coroner of the said Houshold shall, from time to time for ever, without delay, certify under his seal, and the seals of such persons as shall be sworn before him, all such Inquisitions, Indictments, and Offices upon the view of all dead Bodies which hereafter shall be slain within any the King's said Palaces or Houses, or other House or Houses aforesaid, before the said Lord Great Master or Lord Steward,

The duty of the king's houshold.

Coroner of the

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