with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said first recited Act, further conand the Provisions therein contained, shall be and the same is and tinued. are hereby further continued in force until the Twenty fifth Day of March One thousand eight hundred and twenty two; and that until the said Twenty fifth Day of March One thousand eight hundred and twenty two, no Alien shall become a naturalised Subject, or be made or become a Denizen, or become entitled to the Privileges of a naturalised Subject or Denizen, contrary to the Provisions of the said recited Act. II. And be it further enacted, That the said recited Act and Act may be this Act may be altered, amended or repealed by any Act or Acts altered, &c. to be passed in this Session of Parliament. CA P. XIX. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters. [22d June 1820.] [This Act is the same and all the Schedules are also the same as 59 Geo. 3. c. 9. except as to Dates, Number of Forces, &c. and the Sections that are here inserted.] this Session. XXVIII. Provided always, and be it further enacted, That in Officers to be all Trials by General Courts Martial to be held by virtue of this sworn. Act, every Member assisting at such Trial, before any Proceedings be had thereupon, shall take the following Oaths upon the Holy Evangelists, before the Judge Advocate or his Deputy, (who are hereby authorised to administer the same); that is to say, You shall well and truly try and determine according to your Evidence in the Matter now before you. 'So help you GOD.' :I Oaths to be taken by all Members of a General Court Martial. And so soon as the said Oaths shall have been administered to The Judge the respective Members, the President of the Court is hereby Advocate to be authorised and required to administer to the Judge Advocate, sworn. or the Person officiating as such, an Oath in the following Words: 1 GEO. IV. H I The Oath. Number of Officers shall concur, &c. Witnesses at tending Courts privileged from Martial to be Arrest. 6 I do swear, That I will not upon any account, at any Time whatsoever, disclose or discover the Vote or Opinion of any particular Member of the Court Martial, unless required to give Evidence thereof as a Witness, by a Court of Justice or a Court Martial, in a due Course of Law. So help me GOD.' In Sentences of And no Sentence of Death shall be given against any Offender Death, what in such Case by any General Court Martial, unless Nine Officers present shall concur therein, (except such General Court Martial shall be holden in any Place beyond the Seas out of His Majesty's Dominions, or out of any of the Settlements belonging to the United Company of Merchants of England trading to the East Indies, or in His Majesty's Colony of the Bermuda Isles, or in Africa, or in New South Wales as aforesaid); and in all Cases where a Court Martial shall consist of more Officers than Thirteen, and also in any Place beyond the Seas out of His Majesty's Dominions, or out of any of the Settlements belonging to the United Company of Merchants of England trading to the East Indies, or in the said Colony of the Bermuda Isles, or in Africa and in New South Wales as aforesaid, when the same shall consist of a lesser Number of Officers, then such Judgment shall pass by the Concurrence of Two Thirds at the least of the Officers present; Hours of Trial. and no Proceeding or Trial shall be had upon any Offence but between the Hours of Eight of the Clock in the Morning and Four in the Afternoon, except in Cases which require an immediate Example: Provided also, that all Witnesses duly summoned by the Judge Advocate, or the Person officiating as such, shall, during their necessary Attendance in such Courts, and in going to and returning from the same, be privileged from Arrest in like Manner as Witnesses attending any of His Majesty's Courts of Law are privileged; and that if any such Witness shall be unduly arrested, he shall be discharged from such Arrest by the Court out of which the Writ or Process issued by which such Witness was arrested; or if the Court out of which the Writ or Process issued be not sitting, then by any Judge of the Court of King's Bench in London or in Dublin, or Court of Sessions in Scotland, or Courts of Law in the East or West Indies, or elsewhere, according as the Case shall require, upon its being made appear to such Court or Judge, by Affidavit in a summary Way, that such Witness was arrested in going to or returning from or attending upon such Court Martial; and that all Witnesses so duly summoned as aforesaid, who shall not attend on such Courts, shall be liable to be attached in the Court of King's Bench in London or Dublin or Court of Session or Sheriffs Depute or Stewards Depute, or their respective Substitutes, within their several Shires and Stewartries, in Scotland, or Courts of Law in the East or West Indies, or in any of His Majesty's Colonies, Garrisons or Dominions in Europe or elsewhere respectively, upon Complaint made to the said Courts of King's Bench or Court of Session in Scotland, or Courts of Law in the East or West Indies, or elsewhere respectively, in like manner as if such Witness had neglected to attend on a Trial in any Criminal Proceeding in that Court. Witnesses not attending liable to be attached. XXXIII. Pro Martial to be XXXIII. Provided always, and be it enacted, That every Proceedings, Judge Advocate, or Person officiating as such at any General &c. of Courts Court Martial, do and he is hereby required to transmit, with as transmitted to much Expedition as the Opportunity of Time and Distance of the Judge AdPlace can admit, the original Proceedings and Sentence of such vocate General. Court Martial to the Judge Advocate General in London; and the said original Proceedings and Sentences are to be carefully kept and preserved in the Office of the said Judge Advocate General, to the end that the Persons entitled thereto may be enabled, upon Application to such Office, to obtain Copies thereof, according to the true Intent and Meaning of this Act. XLIX. And Whereas by an Act passed in Ireland in the Regulations for Sixth Year of the Reign of Queen Anne, intituled An Act to quartering Solprevent the Disorders that may happen by the marching of Soldiers diers in Ireland. and providing Carriages for the Baggage of Soldiers on their March, it was amongst other Things enacted and declared, that no Officer, Soldier or Trooper in the Army, nor the Servant of any Officer, nor any Attendant on the Train of Artillery, nor any Yeoman of the Guard of Battle Axes, nor any Officer commanding the said Yeomen, nor any Servant of any such Officer, ⚫ should at any Time thereafter have, receive or be allowed any 'Quarters in any Part of Ireland, save only during such Time as he or they should be and remain in some Sea Port Town in ' order to be transported, or during such Time as there should be any Commotion in any Part of Ireland, by reason of which Emergency the Army or any considerable Part thereof should 'be commanded to march from any Part of Ireland to another, or during such Time or Times as he or they should be on their March as aforesaid: And Whereas the Barracks of Ireland are not at present sufficient to lodge all the Forces upon its Military Establishment: And Whereas it may be necessary to ⚫ station Part of the Troops in Places where there are not Barracks, or not sufficient Barracks to hold them;' Be it enacted, and it is hereby declared and agreed, That it shall and may be lawful, notwithstanding the said recited Act, to and for the Constables and other Chief Officers and Magistrates of Cities, Towns, Villages and other Places in Ireland, and in their Default or Absence for any one Justice of the Peace inhabiting in or near such City, Town, Village or Place, and for no others, and such Constables and other Chief Magistrates as aforesaid, or in their Default such Justice of the Peace as aforesaid, are hereby required to quarter and billet the Officers and Soldiers in His Majesty's Service in Inns, Livery Stables, Alehouses and the Houses of Sellers of Wine by Retail to be dran in their own Houses or Places thereunto belonging, and all Houses of Persons selling Brandy, Strong Waters, Cider or Metheglin by Retail; and where there shall not be found sufficient Room in such Houses, then in such Manner as has been heretofore customary, taking Care not to billet less than Two Men in any One House, except only in case of billetting Horse or Dragoons in manner hereinafter mentioned; nor shall any Billets at any Time be ordered for more than the Number of effective Soldiers present to be quartered; all which Billets, when made out by such Chief Magistrates or Constables, or Justice of the Peace, as the Case may H 2 be, cashiered and disabled. be, shall be delivered into the Hands of the Staff Officer employed or of the Commanding Officer present: And if any Constable or other Chief Officer or Magistrate as aforesaid shall presume to quarter or billet any such Officer or Soldier in any House not within the Meaning of this Act, without the Consent of the Owner or Occupier thereof, then such Owner or Occupier shall have his or their Remedy at Law against such Magistrate or Officer for the Damage that such Owner or Occupier shall sustain thereby; and such Constable, Chief Officer or Magistrate, being duly convicted of such Offence by Indictment, shall be impriOfficer compel soned for the Space of One Calendar Month: And if any Miling litary Officer shall take upon him to quarter Soldiers otherwise than is limited and allowed by this Act, or shall use or offer any Menace or Compulsion to or upon any Mayor, Constable or other Chief Officer before mentioned, tending to deter or discourage any of them from performing any Part of their Duty hereby required or appointed, or to induce any of them to do any thing contrary to their said Duty, such Military Officer shall for every such Offence, being thereof convicted before any Two or more Justices of the Peace of the County, by the Oath of Two credible Witnesses, be deemed and taken to be ipso facto cashiered, and 'shall be utterly disabled to have or hold any Military Employment whatsoever; provided the said Conviction be affirmed at the next Assizes or Quarter Sessions of the Peace for the said County or County of a City or Town, and a Certificate thereof transmitted to the Chief Secretary, or in his Absence to the Under Secretary for the Civil Department, or the First Clerk in the Military Department in Dublin: And in case any Person shall find himself aggrieved in that such Constable, Chief Officer or Magistrate, not being a Justice of the Peace, has quartered or billetted in his House a greater Number of Soldiers than he ought to bear in proportion to his Neighbours, and shall complain thereof to One or more Justice or Justices of the Peace of the Division, City or Liberty where such Soldiers are quartered, or in case such Chief Officer or Magistrate shall be a Justice of the Peace, then on Complaint made to Two or more Justices of the Peace of such Division, City or Liberty, such Justice or Justices respectively shall have, and have hereby Power to relieve such Persons, by ordering such and so many of the Soldiers to be removed and quartered upon such other Person or Persons as he or they shall see cause, and such other Person or Persons shall be obliged to receive such Soldiers accordingly. Officers re to settle the Demands of LXVII. And that the Quarters both of Officers and Soldiers ceiving the Pay may hereafter be duly paid and satisfied, and His Majesty's Duties of Excise better answered, Be it enacted, That from and after the Twenty fourth Day of June One thousand eight hundred and twenty, every Officer to whom it belongs to receive or that does actually receive the Pay or Subsistence Money, either for a whole Regiment, or particular Troops and Companies, or otherwise, shall every Four Days, or before the Troops shall quit their Quarters, if they shall not remain so long as Four Days, settle the just Demands of all Persons keeping Inns, or other Places where Officers or Soldiers are quartered by virtue of this Act, out of the Pay and Subsistence of such Officers and Soldiers, before any Part of the the said Pay or Subsistence be distributed to either of them respectively: And if any Officer or Officers as aforesaid shall not satisfy, content and pay the same, upon Complaint and Oath made thereof by any Two Witnesses, at the next Quarter Sessions for the County or City where such Quarters were (which Oath the Justices of the Peace at such Sessions are hereby authorised and required to administer), the Secretary at War in England, and the Chief Secretary, or in his Absence the Under Secretary for the Civil Department, or the First Clerk in the Military Department in Ireland, is hereby required and authorised (upon Certificate of the Justices before whom such Oath was made, of the Sum due upon such Accounts, and the Persons to whom the same is owing) to give Orders to the Agent of the Troop or Company to pay and satisfy the said Sums, and to charge the same against such Officer or Officers. Penalty on Officers not satisfying Ac counts which against them shall be charged by the Agent. For the providing CarForces marchriages for the ing in England and Ireland. LXXI. And be it further enacted, That for the better and more regular Provision of Carriages for His Majesty's Forces in their Marches, or for their Arms, Clothes or Accoutrements, in England, Ireland and Wales, and the Town of Berwick-upon-Tweed, all Justices of the Peace, within their several Counties, Ridings, Divisions, Shires, Liberties and Precincts, being duly required thereunto by an Order from His Majesty, or the General of His Forces, or the Master General or Lieutenant General of His Majesty's Ordnance, if in England, Wales or Berwick-upon-Tweed, or by an Order from the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, or from the Officer commanding His Majesty's Forces in Ireland, or other Person duly authorised in that Behalf, shall, as often as such Order is brought and shewn unto One or more of such Justices by the Quartermaster, Adjutant or other Officer or Noncommissioned Officer of the Regiment, Detachment, Troop or Company so ordered to march, issue out his or their Warrant or Warrants to the Constables or Petty Constables of, or to any Constable or Constables acting or having Authority to act in the Division, Riding, City, Liberty, Hundred and Precinct, from, through, near or to which such Regiment, Detachment, Troop or Company shall be ordered to march, for each of which Warrants the Fee of One Shilling only shall be paid; requiring them to make such Provision of Carriages and Horses or Oxen, with able Men to drive the same, as is mentioned in the said Warrant, allowing them sufficient Time to do the same, that the neighbouring Parts may not always bear the Burthen; and specifying in such Warrants the Place or Places Warrants to from and to which the said Carriages shall, by virtue of such specify the Orders as aforesaid, be required to travel, also specifying the Places to which the Carriages Number of Miles between the Places, for which Number of Miles shall travel, only so specified Constables or Petty Constables are authorised to and the Numdemand Payment, which shall not exceed the Day's March of the ber of Miles, Troops, as prescribed in the Order produced to the Magistrate, &c. unless in case of pressing Emergency or Necessity, and shall in no Case whatever exceed Twenty five Miles from the Place at which the March shall commence; and in case sufficient Carriages cannot be provided within any such Liberty, Division or Precinct, then the Justice or Justices of the Peace of the next adjoining County, Riding or Division shall, upon such Order as aforesaid being H 3 brought |