Masters of apAnd any master of any apprentice who shall have inlisted prentices enshall, upon his consenting to give up the indentures of appren listing consenting, entitled to ticeship within one month after, be entitled to receive to his own receive a cer-use so much of the bounty after deducting therefrom two guineas, tain part of the which shall be reserved in order to provide the said recruit with bounty money. necessaries, as shall not have been paid to such recruit before notice of his being an apprentice.

Apprentices claimed by their masters

3. 75.

And every apprentice who shall be claimed by his master, shall be taken before a justice or magistrate of the place, where shall be carried such apprentice shall happen to be when claimed, and such jusbefore a justice tice or magistrate, is on proof on oath of such person being as and committed. apprentice, and having inlisted and declared that he was no apprentice, to commit such person so offending to the common gaol, there to remain, until he shall be discharged by due course of law. s. 76.

Justices to examine upon oath, and to keep the indenture to be produced on the trial

Offenders shall

And it shall be lawful for the justice or magistrate before whom such person, shall be so taken, to examine into the mat. ters alledged against such person upon oath, and also to keep in his custody the indenture of apprenticeship, to be produced as occasion shall require, and to bind over the master, and any other persons he may think proper to give evidence at the general or quarter sessions or session of oyer and terminer, at which the trial of such person is hercin-after directed to be had against such person. s. 77.

And every such offender shall be tried at the general or quar. be tried at the ter sessions, or sessions of oyer and terminer for the place wherenext quarter in the offence shall have been committed, next after such of fender's being brought before such justice or magistrate, unless the court shall think fit to put off the trial on just cause. 8. 78.

sessions.

None but an

apprentice to

But no person whatever, (except an apprentice), shall be li able to be taken out of his majesty's service by the warrant of be taken out of any magistrate on account of any breach of contract to serve the service for for breach of conany master or employer whatsoever. s. 79.

tract.

And if any person who shall have been hired to serve any Servants in cer- master for a year or otherwise, shall, before the expiration of his tain cases shall term of service inlist, such person shall be entitled to such probe entitled to portion of wages as the magistrate shall think proper from his maswages up to the time of inlist- ter, for the time he has actually served, notwithstanding ing. he shall have failed, in consequence of such inlisting, in completing the full term. s. 80.

Where any

der to return

When any regiment shall be relieved at any station beyond corps beyond the seas, in order to their return to Great Britain or Ireland, it seas shall be shall be lawful for any officers, thereunto authorized by the relieved in or- commander in chief at such station, to inlist as many of the home, such of soldiers belonging to such régiment, returning, as shall be wilthe men as shall ling, and who shall appear to be fit for service, and to incorchoose may be porate them in any regiment appointed to remain; and every inlisted, &c. soldier so inlisted shall be discharged from the regiment in which he before served; and the occasion of his quitting shall be recited in the inlisting certificate; a duplicate, or attested copy

whereof, shall be delivered to such soldier, to protect him from being any ways molested upon suspicion of his having deserted.

S. 81.

home free of

expence, and conduct and

And every soldier entitled to his discharge under any orders Soldiers enti❤ made by his majesty, or upon the expiration of any period for tied to be sent which he shall have engaged to serve, shall, if then serving abroad, be sent to Great Britain or Ireland,free of expence, and be entitled on his return to, and receive marching money, from marching mo the place of his being landed to the parish in which he shall ney home. have been originally enlisted, at the rate per diem fixed for victualling soldiers on the march, reckoning ten miles, for each day's march, and every soldier sp entitled to his discharge, who shall be discharged at any place, 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. s. 82..

III. Soldiers privileged from arrests.

No persons whatever listed as a volunteer shall be liable to be taken out of his majesty's service, by any process or execution, other than for some criminal matter, unless for a real debt or other just cause of action, and unless before the taking out of such process or execution, the plaintiff, or some person on his behalf make affidavit before a judge of the court, or before some person authorized to take affidavits in such court, that the original sum due amounts to 201, at least above costs, a memorandum of which oath shall be indorsed on the process; and if he be otherwise arrested, the judge may discharge him and award costs.

. 88.

But the plaintiff, on notice given in writing of the cause of action to such person, or left at his last place of residence before inlisting, may file a common appearance in an action to be brought for any debt, so as to entitle him to proceed to judgment and outlawry, and to execution, other than against his body. s. 89.

And no soldier confined for a debt in any prison shall be entitled to any part of his pay from the day of arrest or confinement until the day of his return to the regiment. s. 90.

Other than for some criminal matter.] The above clauses in the mutiny act only prevent arrest in civil actions, and have no relation to misdemeanors of a criminal nature: therefore a soldier who is taken up for disobeying an order of justices or the like cannot be liberated.---Thus in the case of the K. 1. Archer, Hil, 28 Geo. 3, the sessions adjudged a soldier in actual service to be the reputed father of a bastard child, and ordered him to pay one shilling and sixpence a week so long as it should be chargeable. At the next sessions the defendant was committed to the bridewell for disobeying the order till he should find sufficient sureties for the performance of it. It was moved to set aside the order of sessions, on the ground that the defendant being a soldier in actual service, was protec

590

SOLDIERS.

ted from being arrested under the mutiny act.-But by Ash. hurst J. The legislature had only in view the preventing of arrests in civil actions and the act has no relation to crimes, or any thing of a criminal nature; so that the case of a soldier who is taken up for disobeying an order of justices does not come within this part of the statute. But I have no difficulty in saying, if it were necessary to have recourse to it, that this cause of commitment is of a criminal nature. sence of an order of justices is so criminal, than in almost every The disobedi 'instance the party disobeyed may be indicted for it.' This shews it to be a crime.-THE COURT were therefore of opi. nion clearly, that the sessions had adjudged rightly, and that the defendant could not be released from his commitment under the mutiny act. 2 Term Rep. 270.

So in the K. v. Bowen, Hil. 33 Geo. 4, it appeared that the defendant, who was a private soldier in the 29th regiment of foot had been committed to the house of correction (on a charge of having begotten a woman with child, which child was likely to be born a bastard), for refusing to enter into a recognizance, with sufficient surety, to appear at the next general quarter sessions, and to abide by and perform such order as should be made in pursuance of the stat. 18 Eliz. c. 3 *-THE COURT recognized the case of the K. v. Archer, as decided on grounds perfectly right, and said there could be no doubt but that in. continence was a crime, and that it had always been consider. ed as such in the ecclesiastical courts: that the clause in the mutiny act, which exempts soldiers from arrest, in cases where the demand is under 201. is clearly confined to civil actions, or such as are considered as civil actions + : and that this proceeding could not be considered in the nature of a civil action; it was altogether a criminal process. 5 Term Rep 156. Nolan's Rep. 186.

IV. Soldiers having wives or children to be examined as to their settlement.

It shall be lawful for any two justices for the county or place where any non-commission officer or soldier shall be quartered having either wife or child, to cause such soldier to be summoned before them, in the town or place where he is quartered, to make oath of the place of their last legal settlement; and such noncommission officers and soldiers are to obey such summons, and make oath accordingly; and such justices are to give an attested copy of such affidavit to the person making the same, to be by him delivered to his commanding officer, to be produced when required; which attested copy shall be admitted in evidence as to such last legal settlement before any justices of peace, or at

See title BASTARDY.

+ Such as actions on penal statutes.

any general or quarter session of the peace and in case any soldier be again summoned to make oath as aforesaid, then, on such attested copy of the oath by him formerly taken being produced, he shall not be obliged to take any further oath with regard to his legal settlement; but shall leave a copy of such attested copy of his examination, if required. s. 55.

Upon the construction of this clause it has been determined, that no other attested copy of the above examination, than that given to the soldiers, can be received in evidence as to his settlement; for where an attested copy of the original examination of the soldier had been offered in evidence, on an appeal to the sessions from an order of removal, and rejected.—THE COURT of King's Bench, on the orders being removed into that, held the decision of the sessions to be right, and consequently affirmaed their order and Ld. Kenyon Ch. J. said; this clause is of modern introduction, and before that time, there is no pretence to say, that such an examination, could be received in evi dence; it is contrary to the common rules of evidence, and the act which makes an innovation in the law of evidence ought not to be carried beyond the express words of it: now the examination which is to be made evidence, is an exparte examination; which the parish interested, have no opportunity of knowing at the time it is taken; and of course they are deprived of all opportunity of cross-examining the party who makes it: the act directs the magistrates to give an attested copy of the affidavit made before them to the person making the same, to be by him delivered to his command.ng officer in order to be produced when requested, this makes nei. ther the original examination nor the copy evidence, but then the act immediately adds, which attested copy shall at any time be admitted in evidence ; it is therefore extremely clear that the attested copy of the examination which is to be given to the soldier to be by him delivered to his commanding officer, is the only instrument which can be received in evidence under the mutiny act. 5 Term Rep. 704.

But the examination of a soldier touching his settlement, which is made evidence by the mutiny act, must be authentica ted before it can be received in evidence, and does not prove itself prima facie, though the paper appear to be in the form prescribed by the act. Thus in the K. v. Belton with Harrowgate, Mic. Ter. 41 Geo. 3, on an appeal from an order of removal from Leeds to Belton, the attorney for the respon 'dents produced a written paper purporting to be the examination of the pauper; but no evidence whatsoever was offered either to prove that the attesting magistrates were magistrates 'for the county, or that the signatures subscribed to the said 'paper writing were the signatures of the said magistrates,other than what appears upon the said paper.' It was objected that this evidence ought not to be received; but the sessions overruled the same, subject to the opinion of this court. Ld.

Muster twice a year.

Giving a false certificate.

Making a false

muster.

Mustering by wrong names.

Persons falsely mustered.

Kenyon Ch. J. the paper in question might possibly have been good evidence if properly authenticated but the objection here is, that the possession of it were not accounted for, or any other circumstance proved to authenticate the same, the mere production of it in court proved nothing. 1 East's Rep. 13. V. Muster.

Musters shall be made of every regiment twice at least every year.

s. 33.

And in Westminster and Southwark, no muster shall be made, but in presence of two justices (not being officers of the army) under the penalty of 50%. unless the justices, on 48 hours notice to six of them, neglect to attend; in which case the muster may proceed, being afterwards verified on oath before one justice as aforesaid within 48 hours. s. 34.

And if any person shall make, or cause to be made, any false certificate, to excuse any soldier for absence from any muster, or other service which he ought to attend, upon pretence of being employed on other duty of the regiment, or of sickness, being in prison, or on furlough; then such person shall forfeit 50%. and shall be cashiered and displaced from his office, and disabled to have any military office within this realm, or in his majesty's service; and no certificate shall excuse the absence of any sol. dier, but for the reasons above-mentioned, or one of them, s. 35.

And every officer that shall make any false muster of man or horse, and every commissary, muster master, or other officer, who shall willingly allow the muster roll wherein such false muster is contained, or any duplicate thereof; or who shall take, or cause to be taken, any money or gratuity, for mustering or signing any muster rolls, or any duplicate thereof, upon proof thereof upon oath, made by two witnesses, before a general court martial, shall be cashiered, and disabled to hold auy ci vil or military office. s. 36.

And if any officer or commissary shall muster any person by a wrong name, knowingly upon conviction thereof, be fore a general court martial, he shall suffer such penalties as those who make false musters. s. 37.

And if any person shall be falsely mustered, or offer himself falsely to be mustered, upon proof thereof upon oath by two witnesses before the next justice, and upon certificate thereof under the hand of the commissary of musters or chief magistrate, made to such justice, the said, justice is to commit such offen. der to the house of correction for ten days; and if any person shall willingly lend any horse to be mustered, which shall not belong to the trooper, the said horse shall be forfeited to the informer, if the same doth belong to the person lending; or otherwise, the person lending shall forfeit 201. upon oath by two witnesses before the next justices; which 201. shall be levied by warrant of the said justice, by distress and sale of the goods of the person offending, and in case such offender shall not have goods to the value of the penalty, or shall not pay