selves on pay ing the Enlisting Money. take the same down in Writing, or give the same to the Noncommissioned Officer commanding the Recruiting Party, to be so taken down: Provided also, that it shall be lawful for any Justice Justices may of the Peace to discharge any Person who shall have hastily en- discharge Perlisted, and who shall apply to him to declare his Dissent within sons hastily such Four Days as aforesaid, upon Payment of the Sum of Money enlisting themrequired to be paid by any Recruit declaring his Dissent under this Act, notwithstanding no Officer, Noncommissioned Officer or Private Soldier belonging to the Recruiting Party shall be with the Recruit, if it shall appear to such Magistrate, upon the Examination of such Recruit, or of any other Person, that the Recruiting Party has left the Place where such Recruit was enlisted, or that such Recruit could not procure any Noncommissioned Officer belonging to such Party to go with such Recruit before the Justice of the Peace; and the Sum paid by such Recruit upon his Discharge shall be kept by the Justice of the Peace, and paid when demanded to any Person belonging to the Recruiting Party entitled thereto demanding the same: Provided always, that in every Case wherein any Person shall have received Enlisting Money, and shall have absconded or have absented himself from the Party as aforesaid, so that it shall not be possible immediately to apprehend him, and bring him before a Magistrate, the Officer or Noncommissioned Officer commanding the Party shall produce to the Magistrate before whom the Recruit would regularly have been brought for Attestation, a Certificate of the Name and Place of Residence of such Person; and the Magistrate to whom the Certificate shall be produced shall, after satisfying himself that the Person who had absconded cannot be found and apprehended, transmit a Duplicate thereof to His Majesty's Secretary at War, or if in Ireland, the Chief Secretary or Under Secretary or First Clerk, as aforesaid, in order that, in the Event of such Person being afterwards apprehended and reported as a Deserter, the Facts of his having received Enlisting Money and having absconded may be ascertained before he be finally adjudged to be a Deserter as having been duly enlisted. CXV. And be it further enacted, That every Soldier entitled to his Discharge under any Orders or Regulations made by His Majesty, or upon the Expiration of any Period for which he shall have engaged to serve, shall, if then serving abroad, be sent to Great Britain or Ireland free of Expense, and on his Return shall be entitled to and have and receive Marching Money from the Place of his being landed to the Parish or Place in which he shall have been originally enlisted, at the Rate per Diem fixed for victualling Soldiers on the March in Great Britain and Ireland respectively, reckoning Ten Miles for each Day's March; and every Soldier so entitled to his Discharge, who shall be discharged at any Place in the United Kingdom other than that in which he shall have been attested, shall be entitled to the like Marching Money, from the Place of his Discharge to the Place of his Attestation as aforesaid. Magistrates to transmit to the Secretary at of Certificates War Duplicates of the Name and Residence of Persons receiving Enand absconding. listing Money Soldiers entitled to Discharge to be sent Home free of Expense, and have Conduct and Marching Money Home. САР. CA P. XX. Persons com mitted for Criminal Offences not to receive Pay till they return to the Regiment, &c. Rates of Carriage. An Act for the regulating of His Majesty's Royal Marine [This Act is the same, and all the Schedules are also the same, XXVI. And be it further enacted, That no Officer, Noncommissioned Officer or Private Marine, who shall be arrested and committed to Prison upon a Charge of any Criminal Offence, shall receive any Part of his Pay from the Day of such Commitment till the Day of his Return to the Company to which he shall belong, or which he shall be ordered to join: Provided that if he shall be acquitted of the Offence for which he was committed, he shall, upon his Return to his Company, be entitled to receive all Arrears of Pay which were growing due during the Time of his Confinement; but if he shall be convicted, he shall forfeit all Right to any Pay from the Day of his Commitment during the Time of his Confinement, as well under the original Commitment as under any Commitment consequent upon such Conviction, and until the Day of his Return to the Company to which he shall belong, or which he shall be ordered to join: Provided always, that it shall be lawful for the Lords Commissioners of the Admiralty to order the Issue and Payment to any such Officer, Noncommissioned Officer or Private Marine, during any such Commitment or Imprisonment, or either of them, or any Part thereof, of the Pay of any such Officer, Noncommissioned Officer or Private Marine, or of any Proportion of such Pay, or of any Arrears thereof, either during such Commitment or Imprisonment, or after the Discharge of such Officer, Noncommissioned Officer or Private Marine after Conviction or otherwise, as shall appear to the Lords Commissioners of the Admiralty to be proper; and the Order of the said Lords Commissioners for the Payment of such Pay or Arrears shall be a sufficient Discharge for such Payment. XLII. 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 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 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 exceed 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 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 also, that in every Case of any increased Rate being allowed for the Hire of any Carriage, the Justice of the Peace granting or signing such Warrant shall insert in his own Hand the Amount of such increased Rate for each Description of Carriage, as so authorised by the Justices at the Quarter Sessions as aforesaid; and such Warrant shall be given to the Officer or Noncommissioned Officer commanding the Regiment, Corps, Company, Detachment or Party requiring such Carriages, as his Voucher for the Payment of such increased Rate; and no increased Rate shall be demanded, but such as shall be so inserted by the Justice in the Warrant. Constables, &c. may apprehend Deserters, and carry them before a Jus LII. And Whereas several Marines, who being duly entered, may afterwards desert, and be found wandering, or otherwise ⚫ absenting themselves illegally from His Majesty's Service;' it is hereby further enacted, That it shall and may be lawful to and for the Constable, Headborough or Tithingman of the Town or tice; Place where any Person who may reasonably be suspected to be such a Deserter shall be found, or if no such Constable, Headborough or Tithingman can be immediately met with, then for any Marine Officer or Marine, to apprehend or cause such suspected Person to be apprehended, and to bring or cause him to be brought before any Justice of the Peace living in or near such Town or Place, who is hereby empowered and required to examine such suspected Person; and if, by his Confession, or the Testimony of One or more Witness or Witnesses upon Oath, or by Knowledge of such Justice of the Peace, it shall appear or be found that such suspected Person is a Marine duly entered, and ought to be with the Company to which he belongs, whether such Company shall be employed on board any of His Majesty's Ships or Vessels, or quartered on Shore, or employed on board any Transport Ship, or Merchant Ship or Vessel, or any Ship or Vessel of His Majesty not and transmit an Account to the Secretary of the Admiralty, &c. Gaol Keeper Subsistence of Reward for apprehending Marines attempting to desert. Clause for Relief of Persons hastily enlisting themselves. not being in Commission, or any Convict Hulk or Ship, such Justice of the Peace shall, without Fee or Reward to himself or Clerk, forthwith cause him to be conveyed to the Gaol of the County or Place where he shall be found, or to the House of Correction or other public Prison in such Town or Place where such Deserter shall be apprehended; or to the Savoy, in case such Deserter shall be apprehended within the Cities of London or Westminster, or Places adjacent; and transmit an Account thereof to the Secretary of the Admiralty for the time being, and to the Commandant of the Division to which the said Deserter may belong, to the end that such Person may be proceeded against according to Law; and the Keeper of every Gaol, House of Correction or Prison, shall receive such Subsistence Money for the Maintenance of such Deserter during the Time he shall continue in his Custody, as shall from time to time be directed in that Behalf by the Lords Commissioners of the Admiralty for the time being, but shall not be entitled to any Fee or Reward on account of the Imprisonment of any such Deserter; any Law, Usage or Custom to the contrary notwithstanding: Provided always, that it shall be lawful for the said 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, to or on account of such Noncommissioned Officer or Marine, during or after the Expiration of his Period of Imprisonment in any Gaol or House of Correction or other public Prison. LVIII. 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 inter'cepting 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 and in respect of every Noncommissioned Officer or Private Marine so straggling or attempting to desert, who may be apprehended at a greater Distance from Head Quarters than is allowed 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 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 Noncommissioned 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 anywise notwithstanding. LXXIV. Provided nevertheless, and it is hereby declared, That from and after the Twenty fifth Day of June One thousand eight hundred and twenty, 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, Noncommissioned 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, 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 the said Justice or Chief Magistrate; and if such Person or Persons shall declare his or their having voluntarily enlisted himself or themselves, then such Justice or Chief Magistrate shall and he is hereby required forthwith to certify under his Hand that such Person or Persons is or are duly enlisted, setting forth the Place of the Birth, Age and Calling of him or them respectively (if known), and that the Second and Third Sections of the Articles of War, for the better Government of His Majesty's Royal Marine Forces while on Shore, were read to him or them, and that he or they had taken the Oath of Fidelity mentioned in the Twelfth Section of the said Articles of War, and also the Oath mentioned in the Schedule to this Act annexed marked (A); and if any such Person or Persons so to be certified as duly entered shall refuse to take the said Oath of Fidelity before the said Justice or Chief Magistrate, it shall and may be lawful for such Officer from whom he has received such Money as aforesaid to detain or confine such Person or Persons until he or they shall take the Oath before required; and every Officer of Royal Marines that shall act contrary hereto, or offend herein, upon Proof thereof upon Oath made by Two Witnesses before a General Court Martial to be thereupon called, shall for such Offence be forthwith cashiered and displaced from such his Office, and shall be thereby utterly disabled to have or hold any Civil or Military Office or Employment within this Kingdom, or in His Majesty's Service: Provided always, that every Noncommissioned Officer or Private Marine who shall enlist any Recruit shall, at the Time of such enlisting, inquire the Christian and Surname and Place of Abode of such Recruit, and either take the same down in Writing, or give the same to the Noncommissioned Officer commanding the Recruiting Party, to be so taken down: Provided also, that it shall be lawful for any Justice of the Peace to discharge any Person who shall have hastily enlisted, and who shall apply to him to declare his Dissent within such Four Days as aforesaid, upon Payment of the Sum of Money required to be paid by any Recruit declaring his Dissent under this Act, notwithstanding no Officer, Noncommissioned Officer or Private Marine belonging to the Recruiting Party, shall be with the Recruit, if it shall appear to such Magistrate, upon the Examination of such Recruit, or of any other Person, that the Recruiting Party |