Bounty fhall be paid only on fuch Sugars exported direct from Warehouse. Continuance of 1809. Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That fo much of the faid recited Act of the Forty-feventh Year of His prefent Majefty, as relates to the granting a Bounty on the Exportation of Raw Sugar the Produce of the British Plantations in the fame State in which it was imported, fhall be further continued for the Term herein-after mentioned, (except where any Alteration is made by this Act). II. Provided always, and be it further enacted, That the faid Bounty fhall not be paid or allowed on any Raw Sugar, unlefs the fame fhall be exported directly from the Warehouse in which the fame fhall have been fecured at the Time of Importation thereof, and on which the Duties of Cuftoms due and payable thereon fhall not have been paid; any Thing in the faid recited Act of the Forty-feventh Year of His prefent Majefty to the contrary notwithstanding. III. And be it further enacted, That the faid Act fhall be and is hereby continued, until the Twenty-fifth Day of March One thousand eight hundred and nine. CA P. XIII. An Act for fettling and fecuring a certain Annuity on Viscount Moft Gracious Sovereign, 7 HEREAS Your Majefty, by Your moft Gracious Meffage to Your most faithful Commons, has been pleased to declare, That Your Majefty having taken into Your Royal Confideration the fplendid Atchievements and eminent Services performed by the late General Viscount Lake on the Continent of Europe, and in the Eoft Indies; Your Majefty was defirous to confer fome fignal Mark of Your Royal Favour upon his Family, in order to enable them to fupport the Dignity of the Title conferred upon him; and for this purpose to give and grant to his eldeft Son the prefent Viscount Lake, and to the Two next furviving Heirs Male of the Body of the Deceafed, to whom the Title of Viscount Lake, and Baron • Lake of Delhi and Lafwary, and of Afton Clinton in the County of Buckingham, fhall defcend, for and during their Lives, a nett Annuity of Two thoufand Pounds per Anrum; but Your Majefty, not having it in Your Power to grant an Annuity to that Amount, or to extend the Effect of the faid Grant beyond the Term of your Majefty's own Life, recommended it to Your faithful Commons, to confider of a proper Method of enabling Your Majesty to grant the fame, and of extending, fecuring, and fettling, fuch Annuity to the faid Viscount Lake, and to the Two next Perfons on whom the Title of Viscount Lake fhall defcend, in fuch Manner as 'fhould be thought moft effectual for the Benefit of the faid Vifcount Lake, and his Family: We, Your Majefty's most dutiful and loyal Subjects, the Commons of Great Britain and Ireland in Parliament affembled, duly confidering Your Majefty's moft Gra cious Intention, do moft humbly befeech Your Majefty that it may be enacted,' &c, "An "An Annuity of 2000l. per Ann. fettled on Viscount Lake, and the "Two next fucceeding Heirs to his Title, to commence from Sept. 11, 1803, and to be paid quarterly." CA P. XIV. An Act for the Regulation of His Majefty's Royal Marine CA P. XV. An Act for punishing Mutiny and Defertion; and for the better Payment of the Army and their Quarters. [21st March 1808.] "Number of Forces 124,063. § 1.- 2 to 17, are the fame as the like "Sections of 47 Geo. 3. ft. 1. c. 32." XVIII. Provided always, and be it further enacted, That no General Court-martial for the Trial of any Officer (except in Africa or New South Wales) fhall confift of lefs than Thirteen Members. General Courts- of not less than 13 Members except in Africa, &c. XIX. Provided always, and be it further enacted, That it fhall be lawful for any General Court-martial to fentence any Non-commiffioned Officer or Soldier, convicted of Defertion by fuch Court, to Service in fuch Country or Place or Places Abroad, or otherwife, and in fuch Regiment or Regiments, or Corps, as his Majefty fhall pleafe to direct, or for Life as a Soldier, or for any Term of Years beyond the Period for which fuch Non-commiffioned Officer or Soldier fhall have enlifted, and to a Forfeiture of all or any Part of the Benefit or Advantage as to Increase of Pay, or as to Pension or Difcharge, which might otherwife have accrued to fuch Non-commiffioned Officer or Soldier from the length or Nature of his Service. "20 to 71, are the fame as § 19 to 70, of 47 G. 3. ft. 1. c. 32." LXXII. Provided nevertheless, and it is hereby enacted and declared by the Authority aforefaid, That, from and after the faid Twenty-fourth Day of March One thoufand eight hundred and eight, when and as often as any Perfon or Perfons fhall be enlifted as a Soldier or Soldiers in His Majefty's Land Service, he or they fhall, within Four Days, but not fooner than Twenty-four Hours, after fuch inlifting refpectively, be carried before fome Justice of the Peace, of any County, Riding, City, or Place, or Chief Magiftrate of any City or Town Corporate, refiding or being next to, or in the Vicinity of the Place where fuch Perfon or Perfons fhall have been inlifted, and not being an Officer in the Army; and before fuch Justice or Chief Magiftrate he or they fhall be at Liberty to declare his or their Diffent to fuch inlifting; and upon fuch Declaration, and returning the Inlifting Money, and alfo each Perfon fo diffenting paying the Sum of Twenty Shillings for the Charges expended or laid out upon him, fuch Perfon or Perfons fo inlifting fhall be forthwith discharged and fet at Liberty, in the prefence of fuch Juftice or Chief Magiftrate; but if such Perfon or Perfons fhall refufe or neglect, within the Space of Twenty-four Hours, to return and pay General Courts- fentence De- for Life, &c. and Claufe for Relief of Perfons haftily enlisting themfelves. Such Perfons not paying the. Money within to be deemed to be enlifted; in which Cafe, or if they erlift, the Juftices to read over to them certain Sections of the Articles of War and adminifter certain Oaths. the limited Time pay fuch Money as aforefaid, he or they fhall be deemed and taken to be inliited as if he or they had given his or their Affent thereto before the laid Justice or Chief Magiftrate; or if fuch Perfon or Perfons fhall declare his or their having voluntarily inlifted himself or themselves, then fuch Juftice or Chief Magiftrate fhall, and he is hereby required forthwith to read over, or in his own Prefence cause to be read over, to fuch Perfon or Perfons the Third and Fourth Articles of the Second Section, and the Firit Article of the Sixth Section of the Articles of War against Mutiny and Desertion, and to tender and adminifter to fuch Perfon or Perfons respectively, not only the Oath of Fidelity mentioned in the faid Articles of War, but also the Oath mentioned in the Schedule to this Act annexed, marked (A.), or if the Perfon fhall be defirous of inlifting without any Limitation of Period of Service, the Oath in the Schedule to this Act annexed, marked (B.); and if fuch Perfon or Persons shall take the faid Oaths, then fuch Juftice or Chief Magiftrate fhall, and he is hereby required forthwith to certify under his Hand the inlifting and fwearing, together with the Place of the Birth, Age, and Calling, if known, of fuch Perfon or Perfons, in the Form mentioned in the Schedule to this A&t annexed marked (C.), if the Oath in the Form Recruits enlifted marked (A.) fhall have been taken, and in the Form marked (D.) if the Oath in the Form marked (B.) fhall have been taken, except in the Cafe of Recruits inlifted to ferve either in His Majefty's Troops, or in the Forces of the Eaft India Company, according as His Majefty fhall think fit, in purfuance of an Act paffed in the Thirtyninth Year of the Reign of His Majefty, intituled, An A&t for better recruiting the Forces of the East India Company, in which Cafe every fuch Recruit fhall, inftead of the faid Oath of Fidelity, and of the Oaths contained in the Schedules (A.) or (B.) to this Act annexed, take the Oath of Allegiance directed by the faid Act of the Thirty-ninth of His Majefty, and contained in the Schedule to this Act annexed, marked (E.); and the Juftice or Chief Magistrate shall certify fuch Inliftment and Swearing accordingly in the Form mentioned in the Schedule to this Act annexed, marked (F.); and if any fuch Perfon or Perfons, fo to be certified, shall wilfully refufe to take the faid Oath of Fidelity before the faid Justice or Chief Magiftrate, it hall and may be lawful for fuch Officer, from whom he has received fuch Money as aforefaid, to detain or confine fuch Perfon or Perfons until he or they fhall take the faid Oath of Fidelity; and every Military Officer that shall act contrary herete, or offend herein, fhall incur the like Penalty and Forfeiture as is by this Act to be inflicted upon any Officer for making a falie and untrue Multer; and the Penalty and Forfeiture fhall be levied and recovered in the fame Manner as any Penalties or Forfeitures are by this Act to be levied or recovered. "§ 73 and 74 are the fame as § 72 and 73, of 47 G. 3. ft. 1. c. 32.” under 39 G. 3. c. 109. for the Eaft India Company's Servi e, &c. hall take the Oath of Allegiance. Mafters in England to entitle them to claim Apprentices, who have been bound for Seven Years, fhall take the Oath herein mentioned. 66 LXXV. And be it further enacted, That no Mafter in England fhall be entitled to claim any Apprentice who fhall, after the paffing of this Act, enlift as a Soldier in His Majefty's Land Service, unless fuch Apprentice fhall have been bound to him for the full Term of Seven Years, and unlefs fuch Matter fhall within One Calendar Month after fuch Apprentice hall have abfconded or left his Service, go before fome Juftice of the Peace or Magiftrate, and before fuch Juftice of the Peace or Magiftrate take the Oath mentioned in the Schedule Schedule to this Act annexed, marked (G.), and produce the Certificate of fuch Juftice of the Peace or Magiftrate of his having taken fuch Oath, which Certificate fuch Juftice of the Peace or Magiftrate is hereby required to give in the Form in the Schedule to this Ac annexed marked (H.) LXXVI. And be it further enacted, That no Mafter in Scotland How Mafters in fhall be entitled to claim any Apprentice who fhall, after the palling Scotland fhall of this Act, enlift as a Soldier in His Majefty's Land Service, unlets proceed to fuch Apprentice fhall have been bound to him for the full Term of recover at leaft Four Years by a regular Contract or Indenture of Appren- Apprentices, ticeship, duly extended, figned, and tefted, and binding on both Parties by the Law of Scotland, prior to the Period of Enliftment, and unlefs fuch Contract or Indenture, fo duly executed, shall, if entered into prior to the paffing of this Act, within Three Months of the paffing of this Act, and if entered into fubfequent to the paffing of this Act, within Three Months after the Commencement of the Apprenticeship, and before the Period of Enliftment, have been produced to a Juftice of the Peace of the County wherein the Parties rfide, and there fhall have been indorfed thereon by fuch Justice a Certificate or Declaration figned by him, fpecifying the Date when, and the Perfon by whom fuch Contract or Indenture fhall have been fo p:oduced, which Certificate or Declaration fuch Juftice of the Peace is hereby required to indorfe and fign, and unlefs fuch Appe tice fhall, when claimed by fuch Mafter, be under Twenty-one Years of Age, and unless fuch Mafter fhall, within One Calendar Mouth after fuch Apprentice fhall have abfconded or left his Service, go before fome Juftice of the Peace, and before fuch Juftice of the Peace take the Oath mentioned in the Schedule to this Act annexed, marked (G.), and produce the Certificate of fuch Juftice of the Peace of his having taken fuch Oath, which Certificate fuch Juftice of the Peace is hereby required to give in the Form and Schedule to this Act annexed, marked (H.) "$77 is the fame as § 755 of 47 G. 3. ft. 1. c. 32." LXXVIII. And be it further enacted, That every Apprentice who fhall be claimed by his Matter, fhall be taken before a Juftice of the Peace or Magistrate of the County, Stewartry, Riding, Divi. fion, City, Liberty, or Place, where fuch Apprentice fhall happen to be when fo claimed, and it fhall be lawful for fuch Juftice of the Peace or Magiftrate, and fuch Juftice of the Peace or Magiftrate is hereby required, on Proof on Oath of fuch Perfon being an Apprentice, and having enlifted and declared that he was no Apprentice, to commit fuch Perfon fo offending as aforefaid to the Common: Gaol of the County, Stewartry, Riding, Divifion, City, Liberty, or Place, where fuch Perfon fhall be at the Time when he fhall be fo claimed by his faid Mafter, there to remain, until he fhall be difcharged by due Courfe of Law. LXXIX. And be it further enacted, That it fhall be lawful for the Juftice of the Peace or Magiftrate, except in Scotland, as hereinafter mentioned, before whom fuch Perfon fo offending fhall be fo taken as aforefaid, to examine into the Matters alledged against fuch Perfon upon Oath, and which Oath the faid Magiftrate is hereby empowered to adminifter; and alfo to keep in his Cuftedy the Indenture of Apprenticeship, to be produced as Occafion fhall require, and to Apprentices claimed by their Mafters thall be carried before a Justice and committed. Juftices to examine upon Oath, and to keep the produced on the Indenture to be Offenders fhall be tried at the next Quarter Seffions; and in Scotland by the Judge Ordinary. Perfons fued may plead the general Iffue. Treble Cofts. All Suits to be brought in fome Record of to bind over the Mafter claiming fuch Perfon, and any other Perfons he may think proper, to give Evidence at the General or Quarter Seffions of the Peace, or Seflion of Oyer and Terminer, at which the Trial of fuch Perfon is herein-after directed to be had against such Perfon fo offending. LXXX. And be it further enacted, That every fuch Offender, except in Scotland, as herein-after mentioned, may and fhall be tried at the General or Quarter Seffions of the Peace, or Seffions of Qyer and Terminer for the County, Riding, Divifion, City, Liberty, or Place, wherein the Offence charged fhall have been committed, next after fuch Offender's being brought before fuch Juftice of the Peace or Magiftrate as aforefaid, unless the Court thall think fit to put off the Trial on juft Caufe. LXXXI. And be it enacted, That every fuch Offender in Scotland fhall and may be tried by the Judge Ordinary in fuch County or Stewartry, in fuch and the like Manner as any Perfon may be tried in Scotland for an Offence not inferring a Capital Punishment. "§ 82 to 110 are the fame as § 79 to 107, of 47 G. 3. fl. 1. c. 32." CXI. And be it further enacted by the Authority aforefaid, except in Scotland, as herein-after provided, That if any Action, Bill, Plaint, or Suit, fhall be brought against any Perfon or Perfons, for any Act, Matter, or Thing, to be acted or done in purfuance of this Act, it fhall and may be lawful to and for all and every Perfon and Perfons, fued as aforefaid, to plead thereunto the general Iffue, that he or they are not Guilty, and to give fuch Special Matter in Evidence to the Jury which fhall try the Iffue, which Special Matter being pleaded had been a good and fufficient Matter in Law to have difcharged the faid Defendant or Defendants of the Trefpaís or other Matter laid to his or their Charge; and if the Verdict shall pafs with the faid Defendant or Defendants in any fuch Action, the Plaintiff or Plaintiffs therein become Nonfuit, or fuffer any Difcontinuance thereof; that in every fuch Cafe the Juflice or Juftices, or fuch other Judge, before whom the faid Matter fhall be tried, fhall by force and virtue of this Act, allow unto the Defendant or Defendants his or their Treble Cofts, which he or they fhall have fuftained by reafon of their wrongful Vexation in Defence of the faid Action or Suit; for which the faid Defendant or Defendants fhall have the like Remedy as in other Cafes where Colts by the Laws of this Realm are given to Defendants. CXII. And be it further enacted by the Authority aforefaid, That every Bill, Plaint, Action, or Suit against any Perfon or Per of the Courts of fous, for any Act, Matter, or Thing, to be acted or done in purfuance of this Act, or againit any Member or Minifter of a Court-martial, in refpect of any Sentence of fuch Court, or of any Thing done by virtue or in purfuance of fuch Sentence, fhall be brought in fome of the Courts of Record at Weminfler, or in Dublin, or the Court of Seffion in Scotland, and in no other Court whatsoever. Wefuniufter, or in Dublin, or the Court of Sefiion in Scotbad. In Scotland, Actions fall be preferred in the Court of Sefion, CXIII. And be it further enacted, That if any Action fhall be raised or Complaint fhall be preferred against any Perfon or Perfons in Scotland, for any Act, Matter, or Thing, to be acted or done in purfuance of this Act, fuch Action fhall be raised and Complaint preferred in the Court of Seffion, and if fuch Court fhall fee fit to affoilzie the Defendant, or difmifs the Complaint,, the Defender or 3 Defenders |