'fons employed in the Silk Manufacture within their refpelive Jurifdidions; and by an Act paffed in the Thirty fecond Year of His 32 G. 3. c. 44. prefent Majefty, intituled, An A&t for extending the Provifions of an A made in the Thirteenth Year of the Reign of His prefent Majefty, intituled, An Act to empower the Magiftrates therein mentioned, to fettle and regulate the Wages of Perfons employed in the Silk Manufacture within their respective Jurifdictions, to Manufactories of Silk mixed with other Materials; and for the more effectual Punishment of Buyers and Receivers of Silk purloined and embezzled by Perfons employed in the Manufactures thereof, Provifion is made for fettling and regulating the Wages and Prices of Work of the Journeymen Weavers in the Manufacture of Silk, and in the Manu facture of Silk mixed or wrought up with any other Materials, ' within the Cities of London and Westminster, and County of Mid 'dlefex: And whereas it is expedient that the Provifion therein 'made should be applied to the Wages and Prices of Work of the Journeywomen Weavers employed in the faid Manufactures ;' Be it therefore enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal,. and Commons, in this prefent Parliament affembled, and by the Au- Powers of rethority of the fame, That, from and after the paffing of this Act, cited Acts for all Power and Authority, and every Regulation and Provifion, in, fettling Journeyby and under the faid Acts refpectively given and made, exercifed men's Wages in and enforced, for fettling, regulating, ordering and declaring the Silk Manufac Wages and Prices of Work of the Journeymen Weavers in the faid to Wages of Manufactures of Silk, or of Silk mixed or wrought up with any Journeywomen other Materials, fhall be deemed and taken to be given and made, and within London fhall and may be exercised and enforced within the feveral and refpec- and Westtive Districts of the Cities of London and Westminster, and the Coun- minster, &C ty of Middlefex, in the faid Acts mentioned, for fettling, regulating, ordering and declaring the Wages and Prices of Work of the. Journeywomen Weavers employed in the faid Manufactures of Silk, or of Silk mixed or wrought up with any other Materials, in as full and ample a manner as the faid Power and Authority, Regulations and Provisions, with all Pains, Penalties and Forfeitures for the Breach thereof, are enacted by the faid Acts refpectively, for regu lating the Wages and Prices of the Work of Journeymen Weavers in the faid Manufactures respectively. CA P. VIII. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters. "NUMBER of Forces 84,801. § I. [22d March 1811.] ture to extend VI. And be it further enacted, That it shall be lawful for any Mark affixed Court Martial, before which any Non-commiffioned Officer or Sol- Body of De dier fhall be tried and convicted of Defertion, to direct, if it fhall fo ferters. think fit, in addition to any other Punishment fuch Court may award. for any fuch Desertion, that fuch Deferter be marked on the left Side, Two Inches below the Arm-pit, with the Letter (D.) such. Letter not to be less than half an Inch long, and to be marked upon the Skin with fome Ink or Gunpowder, or other Preparation fo as to be visible, and confpicuous, and not liable to be obliterated. X. Pro Sentence of in India, &c, notified by Judge of One Courts. X. Provided always, and be it further enacted, That, whenever Transportation any Sentence of Transportation paffed by any Court Martial holden in the East Indies, or in His Majesty's Settlements of the Cape of Good Hope or Ceylon, or in any Settlements occupied by His Majefty's Forces beyond the Cape of Good Hope, is to be carried into of the Supreme Execution, or Mercy shall be extended to any Offender liable to the Punishment of Death by the Sentence of any Court Martial in the Eaft Indies, upon Condition of Tranfportation; the fame shall be notified in Writing by the Commander in Chief of His Majesty's Forces in India, or, in the Absence of the Commander in Chief, then by the Adjutant General for the time being to fome Judge of One of the Supreme Courts of Judicature of the Prefidencies of Fort William, Fort Saint George or Bombay, or the Chief Justice or other Judge at the Island of Ceylon or the Cape of Good Hope, or any fuch Order for Trans- other Settlement as aforefaid; and thereupon fuch Judge fhall make portation. an Order for the Tranfportation of fuch Offender, upon the Terms and for the Time which fhail be specified in fuch Notification, and fhall also make fuch other Order or Orders, and do all fuch other Acts confequent upon the fame as any fuch Judge is authorized to make or do under an Act passed in a Parliament holden in the Thirty ninth and Fortieth Years of His Majesty's Reign, intituled, An A& for eftablishing further Regulations for the Government of the British Territories in India, and the better Adminiflration of Justice within the fame, with refpect to Offenders ordered to be tranfported by Sentence of the Criminal Courts in India, and the Governor and Council of fuch Prefidency refpectively fhall and they are hereby required to take Order for the Transportation of all fuch Offenders accordingly. 39 & 40 G. 3. C. 79. § 13. Officers and Soldiers imprifoned upon a Charge of a Criminal Of entitled to Arrears. Convicted, Penalty. XVII. And be it further enacted, That no Officer, Non-commiffioned Officer or Soldier who fhall be arrelled and committed to Prifon upon a Charge of any Criminal Offence, fhall receive any Part of his Pay from the Day of fuch Commitment till the Day of his fence, acquitted, Return to the Regiment, Troop or Company to which he shall belong, provided that if he fhall be acquitted of the Offence for which he was committed, he fhall upon his Return to his Corps be entitled to receive all Arrears of Pay which were growing due during the Time of his Confinement; but if he fhall be convicted, he fhall 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 confequent upon fuch Conviction, and until the Day of his Return to the Regiment, Troop or Company to which he shall belong: Provided always, that it fhall be lawful for the Secretary at War for the time being, to order the Iffue and Payment to any fuch Officer, Non-commiffioned Officer or Soldier, during any fuch Commitment or Imprisonment, or either of them, or any Part thereof, of the Pay of any fuch Officer, Noncommiffioned Officer or Soldier, or of any Proportion of fuch Pay, or of any Arrears thereof, either during fuch Commitment or Imprifon, ment, or after the Discharge of fuch Officer, Non-commiffioned Officer or Soldier after Conviction or otherwise, as fhall appear to the Secretary at War to be proper, and the Order of the Scretary at War for the Payment of fuch Pay or Arrears, fhall be a fufficient Discharge for fuch Payment. XXII. Pro XXII. Provided always, and be it further enacted, That it fhall General Courts be lawful for any fach General Courts Martial, by their Sentence Martial may inflict corporal or Judgment to inflict corporal Punishment, not extending to Life Punishment, or Limb, or Imprifonment, as fuch Court fhall think fit, on any Soldier for Immoralities, Misbehaviour or Neglect of Duty. and Officers in XXVII. And whereas it may also be expedient that Officers of His Officers of the Majefty's Land Forces when employed in conjunction with Officers in King's Forces the Service of the United Company of Merchants of England trading E. 1. Service to the Eaft Indies should, in certain Cafes, be affociated for the Purmay fit in conpofe of holding Courts Martial; Be it enacted and declared, That when junction at and as often as there may be Occafion, it fhall and may be lawful for Counts Martial, Officers of His Majefty's Land Forces, and of the Forces in the &c. Service of the United Company of Merchants of England trading to the Eaft Indies, to fit in conjunction at Courts Martial, and to proceed in the Trial of any Officer or Soldier, in like manner, to all intents and purposes, as if fuch Courts Martial were compofed of Officers of His Majefty's Land Forces, or of Officers in the Service of the faid United Company only; with this Distinction that, upon the Trial of any Officer or Soldier of His Majefty's Land Forces, Regard fhall be had to the Regulations and Provifions made by or in purfuance of this Act; and the Oaths adminiftered to the feveral Members of the Court Martial shall be in the Terms by this Act prescribed; and upon the Trial of any Officer or Soldier in the Service of the faid United Company, Regard fhall be had to the Regulations and Provifions made by or in purfuance of an Act paffed in the Twenty 27 G. 2. c.9. feventh Year of the Reign of His late Majefty King George the Second, intituled, An Ad for punishing Mutiny and Defertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to the Eaft Indies, and for the Punishment of Offences committed in the Eaft Indies, or at the Island of Saint Helena; and the Oaths adminiftered to the feveral Members of the Court Martial shall be in the Terms prescribed by the fame A&t. LXXV. Provided nevertheless, and it is hereby enacted and de- Provifo for clared by the Authority aforefaid, That, from and after the faid Perfons hastily Twenty fourth Day of March One thousand eight hundred and ele. inlisting. ven, when and as often as any Perfon or Perfons fhall be enlifted as a Soldier or Soldiers in His Majesty's Land Service, he or they fhall, within Four Days, but not fooner than Twenty four Hours, after fuch inlifting refpectively, be carried or go with fome Officer, Noncommiffioned Officer or Private Soldier belonging to the Recruiting Party by which he fhall be inlifted, or with the Perfon employed on the Recruiting Service with whom he fhall have inlifted, before fome Juftice of the Peace of any County, Riding, City or Place, or Chief Magistrate of any City or Town Corporate, refiding or being next to or in the Vicinity of the Place and acting for the Divifion or District where fuch Perfon or Perfons fhall have been inlisted, 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 In what cafe paying the Sum of Twenty Shillings for the Charges expended or fuch Perfons laid out upon him, together with fuch full Rate allowed by Law deemed to be for the Subfiftence or Diet and Small Beer furnished to fuch Recruit fubfequent to the Period of his having been inlifted, fuch Perfon or Perfons inlifted. Juftices to read over to them certain Sections of the Articles of War, and adminifter Oaths. Recruits inlifted under 39 G. 3. t. 109. for E. 1. C. Ser vice, &c. take Oath of Allegiance, Recruits inlifted in Schedules Perfons fo inlifting fhall be forthwith discharged and fet at Liberty, in the Prefence of fuch Juftice or Chief Magiftrate; but if fuch Perfon or Perfons fhall refufe or neglect, within the Space of Twenty four Hours, to return and pay fuch Money as aforefaid, he or they fhall be deemed and taken to be inlifted, as if he or they had given his or their Affent thereto before the faid Juftice or Chief Magif trate; and if fuch Perfon or Perfons fhall declare his or their having voluntarily inlifted himself or themfelves, then fuch Juftice or Chief Magiftrate fhall, and he is hereby required forthwith to read over, or in his own Prefence to caufe 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 Defertion, and to tender and adminifter to fuch Perfon or Perfons refpectively, not only the Oath of Fidelity mentioned in the faid Articles of War, but alfo the Oath mentioned in the Schedule to this A&t 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 A&t annexed, marked (B.); and if fuch Perfon or Perfons fhall 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 swearing, together with the Place of the Pirth, Age and Calling, if known, of fuch Perfon or Perfons, in the Form mentioned in the Schedule to this A& annexed, marked (C), if the Oath in the Form 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 Majesty's Troops, or in the Forces of the East India Company, according as His Majefty fhall think fit, in purluance of an Act paffed in the Thirty ninth Year of the Reign of His Majefty, intituled, An Att för 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 Oath contained in the Schedule (A.) or (B.) to this Act annexed, take the Oath of Allegiance directed by the faid A&t of the Thirty ninth of His Majefty, and contained in the Schedule to this Act annexed, marked (E.); and the Juftice or Chief Magiftrate fhall certify fucki Inliftment and Swearing accordingly in the Form mentioned in the Schedule to this Act annexed, marked (F.); and except alfo in the cafe of Recruits enlifted for the fpecial Purpofe of ferving in the Eft Indies, in the Forces of the East India Company only, in purfuance of an Act paffed in the Fiftieth Year of the Reign of His Majefty, intituled, An Ad to amend Two As relating to the raifing Men for the Service of the Eaft India Company, and the quartering and billetting fuch Men, and to Trials by Regimental Courts Martial, in which cafe every fuch Recruit fhall, inftead of the faid Oath of Fidelity, take the Oath directed to be taken by the faid Act of the Fiftieth Year of His prefent Majefty aforefaid, and contained in the Schedule to this Act annexed, marked (G.), and milead of the Oath of Service contained in the Schedule (A.) or (B.) to this Act annexed, hall take the Oath directed to be taken by the faid recited A&t of the Fiftieth Year aforefaid, and contained in the Schedule to this A&t annexed marked (H.), and the Juftice or Magiftrate fhall certify fach Inliftment and Swearing accordingly, in the Form mentioned in the Schedule to this A&t annexed, marked (I.); and if any fuch Perfon or down. or Persons so to be certified, fhall wilfully refuse to take the faid Oath of Fidelity before the faid Juftice or Chief Magiftrate, it shall and may be lawful for fuch Officer, from whom he has received fuch Money as aforefaid, to detain and confine fuch Perfon or Perfons until he or they fhall take the faid Oath of Fidelity; and every Military Officer that shall act contrary hereto, or offend herein, shall incur the like Penalty and Forfeiture as is by this Act to be inflicted upon any Officer for making a falfe and untrue Mufter; and the Penalty and Forfeiture fhail be levied and recovered in the fame manner as any Penalties or Forfeitures are by this Act to be levied or recovered: Provided always, that every Non-commiffioned Officer or Name and RefiPrivate Soldier, who fhall inlift any Recruit, fhall, at the Time of dence of Refuch inlifting, enquire the Chriftian and Surname, and Place of Abode cruits taken of fuch Recruit, and either take the fame down in Writing, or give the fame to the Non-commiffioned Officer commanding the Recruiting Party to be so taken down: Provided alfo, that it fhall be lawful for Juftices may dif any Juftice of the Peace to difcharge any Perfon who fhall have charge Perfons haftily inlifted, and who fhall apply to him to declare his Diffent hastily inlifting within fuch Four Days as aforefaid, upon Payment of the Sum of Money required to be paid by any Recruit declaring his Diffent Money. under this Act, notwithstanding no Officer, Non-commiffioned Officer or Private Soldier, belonging to the Recruiting Party fhall be with the Recruit, if it fhall appear to fuch Magiftrate upon the Examination of fuch Recruit or of any other Perfon that the Recruiting Party has left the Place where fuch Recruit was inlifted, or that fuch Recruit could not procure any Non-commiffioned Officer belonging to fuch Party to go with fuch Recruit before the Justice of the Peace; and the Sum paid by fuch Recruit upon his Difcharge fhall be kept by the Juftice of the Peace, and paid when demanded to any Perfon belonging to the Recruiting Party entitled thereto demanding the fame. themfelves, on paying Inlifting ters deemed to LXXIX. And be it further enacted, That any Perfon who fhall Perfons furren voluntarily furrender or deliver himself up as a Deferter, from any dering as Defer Regiment or Corps of His Majefty's Forces, or who upon being have been duly apprehended for Desertion or any other Offence fhall in the Prefence enlifted. of the Magiftrate confefs himself to be a Deferter from any fuch Regiment or Corps, fhall be deemed to have been duly inlifted and to be a Soldier, and fhall be hable to ferve in any fuch Regiment or Battalion or Corps of His Majefty's Forces, as His Majefty fhall think fit to appoint, whether fuch Person shall have been ever actually inlifted as a Soldier or not. • XCIII. And whereas feveral Soldiers, being duly lifted, do Juftices may afterwards defert, and are often found wandering or otherwife commit Deferabfenting themfelves illegally from His Majefty's Service,' it is ters. hereby further enacted, That it fhall and may be lawful for the Conftable, Headborough or Tithingman, of the Town or Place where any Perfon, who may he reasonably fufpected to be fuch a Deferter, fhall be found, or for any Officer or Soldier in His Majefty's Service, to apprehend, or caufe fuch fufpected Perfon to be appre hended, and to bring or caufe him to be brought before any Justice of the Peace, living in or near fuch Town or Place, who hath hereby Power to examine fuch fufpected Perfon; and if, by his Confeffion, or the Teftimony of One or more Witnefs or Witaeffes upon Oath, or by the Knowledge of fuch Justice of the Peace, |