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(ten of which he shall have served as a surgeon of militia) from the commanding officers of the different corps to which he shall have belonged, and obtaining an order from the secretary at war founded upon such certificate, be entitled to receive an allowance at the rate of six shillings per diem, in like manner and subject to the same restrictions and conditions as the allowances granted by this Act to adjutants who have by age or infirmity been rendered unfit for further service: Provided always, that no person receiving such allowance shall by reason thereof forfeit his right to any half pay to which he may be entitled.

XXIV. And be it further enacted, That in case any regiment, battalion, or corps of militia shall have already ceased and determined, or been reduced in its establishment, or shall cease and determine or be reduced in its establishment during the continuance of this Act, the sum of four shillings per diem shall be paid to such person as has actually served as adjutant to such regiment, battalion, or corps, from the twenty-fifth day of March one thousand eight hundred and twenty-nine, or from the time such regiment shall cease and determine or be reduced in its establishment, (as the case may be,) to the twenty-fourth day of March one thousand eight hundred and thirty, in like manner and subject to the same restrictions and conditions as the allowances granted by this Act to adjutants who have by age or infirmity been rendered unfit for further service: Provided always, that no such reduced adjutant shall lose any right he may have to half pay of the navy, army, marines, or provisional battalion formed from the militia, by reason of receiving such allowance as last aforesaid, but shall be entitled to receive such half pay as well as such allowance.

pay,

XXV. And whereas certain adjutants and serjeant majors are entitled to and have received certain allowances in consequence of having been reduced under the provisions of an Act passed in the thirty-ninth and fortieth years of the reign of his late Majesty, which allowance has been continued, and as to such adjutants augmented to four shillings per diem; be it therefore enacted, That all such adjutants and serjeant majors shall be entitled to receive and shall receive such allowance from the twentyfifth day of March one thousand eight hundred and twenty-nine to the twenty-fifth day of March one thousand eight hundred and thirty. XXVI. And be it further enacted, That every reduced adjutant entitled to any allowance granted under the said Act of the thirty-ninth and fortieth years aforesaid, and continued by any subsequent Acts or by this Act, may receive and take such allowance, together with any full half pay, or allowance which was tenable, together with such reduced allowance, under the provisions of an Act passed in the twenty sixth year of the reign of his late Majesty, intituled An Act for amending and reducing into One Act of Parliament the Laws relating to the Militia in that Part of Great Britain called England, or under the Provisions of the aforesaid Acts of the thirty-ninth and fortieth years of the reign of his late Majesty: Provided always, that no such reduced adjutant shall be entitled to receive any allowance under this Act during the time he shall hold any military office of profit under his Majesty other than such as aforesaid, or under any other government, or any civil office or employment under his Majesty or any other government, otherwise than according to the provisions of this Act in relation to the allowances granted to adjutants on account of age or infirmity.

XXVII. And be it further enacted, That all sums of money granted for the pay, clothing, allowances, and contingent and other expences for the regular militia when disembodied as aforesaid, shall be issued and paid under the direction of the secretary at war, according to such regulations as have been or shall be established on that head.

XXVIII. And be it further enacted, That all bills, drafts, and orders, drawn for the pay or allowances of the regular militia when disembodied under this Act, may be or shall be drawn upon unstamped paper; and no such bill, draft, or order shall be void by reason of being drawn or written on unstamped paper. XXIX. Provided always, and be it further enacted, That no fee or

10 Geo. IV. c. 29.

Right to Half
Pay reserved.

Reduced Adjutants to receive 4s. per Day till 24 March 1829.

Right to Half
Pay reserved.

Adjutants and Serjeant Majors entitled

to Allowance under 39 & 40 G. 3. c. 44.

Reduced Adjutants may take such Al

lowance with

any Pay or

other Allowance under 39 & 40 G. 3.

c. 44. and 26 G. 3. c. 107.

Proviso.

Pay, &c., to be issued under Directions

of the Secre-
tary at War.

Bills drawn
for Pay, &c.,
may be on
unstamped
Paper.
No Fee to be
taken.

10 Geo. IV. c. 29.

Expence of House for depositing Arms and Stores of the Militia in Ireland, &c., to be defrayed by the County.

Provision as to
Amount of

Rent.

Lord Lieu

tenant may order the Arms of Militia of Ireland to be deposited in the Orduance Stores in Dublin.

Provisions of this Act relat ing to Counties shall extend to Ridiugs, Stewartries, &c.

Continuance of Act.

gratuity whatsoever shall be given or paid for or upon account of any warrant or sum of money which shall be issued in relation to or in pursuance of this Act.

XXX. And be it further enacted, That the hire of any house or place to be provided for the keeping of the arms, accoutrements, clothing, or other stores, and for the residence and accommodation of the adjutant belonging to any regiment or battalion of militia in Ireland, when not embodied, shall be defrayed by the county; and the necessary sum for that purpose shall be raised by the presentment of the grand jury of the said county, and which presentment the grand jury of the county is hereby authorized and required to pass, on a certificate signed by the chief secretary of the lord lieutenant or other chief governor or governors of Ireland for the time being, or, in the absence of such chief secretary, by the under secretary for the military department, and specifying the rent agreed to be paid for the same; which certificate shall be transmitted by such chief secretary to the clerk of the crown for such county, or at any time prior to the first day of the assizes for such county, or if in the county or county of the city of Dublin, then prior to the first day of the presenting term: Provided, that in no case any greater rent than fifty pounds currency of the United Kingdom of Great Britain and Ireland shall be presented by such grand jury for the annual rent of such place.

XXXI. Provided always, and be it enacted, That it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being (if he or they shall see sufficient cause for so doing) to order and direct that the arms, accoutrements, and other stores, or any part thereof, belonging to any regiment or battalion of the said militia, shall, at any time while such regiment or battalion shall not be embodied or in actual service, be conveyed to and deposited and kept in any of his Majesty's ordnance stores in the city of Dublin, or to and in any such ordnance store, or to and in any other place of security in any other part in Ireland, as he or they shall from time to time order or direct, and under such rules and regulations as he or they shall think fit and proper in that behalf.

XXXII. And be it further enacted, That all provisions, directions, clauses, matters, and things in this Act contained, relating to counties and to regiments of militia respectively, shall extend and be construed to extend to all ridings, shires, stewartries, cities, and places, and to all battalions, corps, and independent companies respectively, and to the corps of miners of Cornwall and Devon, as fully and effectually as if they were respectively and severally repeated in every such provision, direction, clause, and with relation to every such matter or thing.

XXXIII. And be it further enacted, That this Act shall continue in force until the twenty-fifth day of March one thousand eight hundred and thirty.

PART VII.-CLASS V.

MARINE ACT.

10 Geo. IV. c. 5.-An Act for the regulating of his Majesty's Royal Marine Forces while on Shore.-[23d March 1829.1

10 Geo. IV. WHEREAS it may be necessary for the safety of the United Kingdom,

c. 5.

and the defence of the possessions of the crown of Great Britain and Ireland, that a body of royal marine forces should be employed in his

c. 5.

After March 24, 1829, every Marine Officer, Non

commissioned Officer and

Private Man,

who shall

mutiny or desert, &c.

Majesty's fleet and naval service, under the direction of the lord high 10 Geo. IV. admiral or commissioners for executing the office of lord high admiral of the United Kingdom of Great Britain and Ireland: And whereas the said royal marine forces may frequently be quartered or be on shore, or sent to do duty on board transport ships or merchant ships or vessels, or ships or vessels of his Majesty not being in commission, or any convict hulk or ship, where they will not be subject to the laws relating to the government of his Majesty's forces by sea; yet nevertheless it being requisite for the retaining of such forces in their duty, that an exact discipline be observed; and that marines who shall mutiny or stir up sedition, or shall desert his Majesty's service, be brought to a more exemplary and speedy punishment than the law will allow: Be it enacted by the King's most excellent Majesty, by and 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 from and after the twenty-fourth day of March one thousand eight hundred and twenty-nine, if any person being entered or in pay as an officer of royal marines, or who is or shall be listed or in pay as a non-commissioned officer or private man in any division of royal marines in his Majesty's service, and on the twenty-fourth day of March one thousand eight hundred and twentynine shall remain in such service, or during the continuance of this Act shall be voluntarily entered and in pay as a marine officer or private man in his Majesty's service, and being in such service, at any time during the continuance of this Act, on shore in any place within the said kingdom, or in any other of his Majesty's dominions, or in foreign parts, or on board any transport ship, or merchant ship or vessel, or any ship or vessel of his Majesty not being in commission, or any convict hulk or ship, shall begin, excite, cause, or join in any mutiny or sedition in the company to which he doth or shall belong, or in any other company, troop, or regiment, either of marine or land forces, in his Majesty's service, or shall not use his utmost endeavours to suppress the same; or coming to the knowledge of any such mutiny or intended mutiny, shall not without delay give information thereof to his commanding officer; or shall desert his Majesty's service; or being actually entered as a marine in any company, shall list himself in any other company, troop, or regiment, or enter as a seaman in his Majesty's service, without first having a discharge in writing from the officer commanding in chief the company in which he last served as a marine, in which case he shall be reputed a deserter; or shall be found sleeping upon his post, or shall leave it before relieved; or shall hold correspondence with any rebel or enemy of his Majesty, or give them advice or intelligence of any kind, by any ways or means or in any manner whatsoever; or shall treat with such rebels or enemies, or enter into any condition with them, without his Majesty's Post, &c. licence, or licence of the lord high admiral of the United Kingdom of Great Britain and Ireland for the time being, or two or more of the commissioners for executing the office of lord high admiral of the United Kingdom of Great Britain and Ireland for the time being; or shall strike or use any violence against his superior officer, being in the execution of his office; or shall disobey any lawful command of his superior officer; all and every person and persons so offending in any or either of the matters before mentioned, on shore in any part of this kingdom, or in any other of his Majesty's dominions, or in foreign parts, or on board any transport ship, or merchant ship or vessel, or any ship or vessel of his Majesty not being in commission, or any convict hulk or ship, shall suffer death, or such other punishment as by court-martial shall be inflicted. II. And be it further enacted, That it shall and may from time to time be lawful to and for the said lord high admiral, or two or more of the commissioners for executing the said office of lord high admiral, for the time being, to grant a commission, under his or their respective hand or hands, to any officer of royal marines in his Majesty's service, not under the degree of a field officer, for the holding general courts-martial at any place or places on shore in this kingdom, or in any other of his Majesty's Courts-mardominions; in every of which courts-martial all or any of the offences

or list in any other Regiment, &c.

or shall be found sleeping on or shall desert his

or shall strike or disobey his Superior Officer; shall suffer Death, or such

Punishment as a Court-mar

tial shall in

flict.

Lord High Admiral, &c., may grant Commissions for holding General

tial, &c.

[Part VII. 10 Geo. IV. aforesaid, and all or any other of the offences herein-after specified, shall be tried and proceeded against in such manner as by this Act is directed.

c. 5.

Courts-mar

tial

inflict

may Corporal Punishment for Immorality, &c.

Lord High Admiral, &c., empowered to make Articles for Punishment of Mutiny and Desertion, &c.

III. And be it further enacted, That it shall and may be lawful to and for such courts martial, by their sentence or judgment, to inflict imprisonment, solitary or otherwise, or corporal punishment, not extending to life or limb, on any marine, for immorality, misbehaviour, or neglect of duty, on shore in any place or places within this kingdom, or in any other of his Majesty's dominions, or in transports, or merchant ships or vessels, or any ship or vessel of his Majesty not being in commission, or any convict hulk or ship, during the continuance of this Act.

IV. And be it further enacted, That it shall and may be lawful to and for the said lord high admiral, or two or more of the commissioners for executing the said office of lord high admiral, at any time during the continuance of this Act, to make and establish rules and articles in writing under his or their respective hand or hands, which articles shall be judicially taken notice of by all the judges, and in all courts whatsoever, for the punishment of mutiny and desertion, immorality, misbehaviour, and neglect of duty, in any of his Majesty's royal marine forces, while on shore in any part of this kingdom, or in any other of his Majesty's dominions, or in foreign parts, or in transport or merchant ships or vessels, or any ship or vessel of his Majesty not being in commission, or any convict hulk or ship, and for bringing offenders against the same to jusand to consti- tice; and to erect and constitute divisional or detachment courts-martial, with power to try, hear, and determine any crimes or offences specified in such rules and articles, and inflict punishments by sentence or judgment for the same, according to the true intent and meaning of this Act; and all such articles of war shall from time to time, as soon after the same shall have been established as the same can be done, be transmitted by the secretary of the admiralty for the time being to the judges of his Majesty's courts at Westminster, and Dublin and into Scotland respectively. V. Provided always, That no person shail be adjudged to suffer any punishment extending to life or limb by the said rules or articles, within this kingdom, except for such crime or crimes as is or are expressed to be so punishable by this Act.

tute Courts

martial.

Punishment.

Oaths to be
taken by

Members of
Divisional
Courts-mar-
tial, &c.

Oaths.

Deserters may be transport

cd.

VI. Provided also, and be it further enacted, That in all trials by any divisional or detachment courts-martial which shall be held by virtue of this Act, or of any articles of war established in pursuance thereof, every member assisting at such trial, before any proceedings be had thereupon, shall take the oaths herein-after mentioned upon the holy evangelists (which oaths shall and may be administered by the president of the court to the other members thereof, and to the president by any member having first taken the said oath); (that is to say,)

'YOU shall well and truly try and determine according to the evidence
in the matter now before you.
So help you GOD.'
'I A. B. do swear, That I will truly administer justice according to the
rules and articles for the better government of his Majesty's royal
marine forces when on shore, and according to an Act now in force for
'the punishment of mutiny and desertion and of other crimes therein
mentioned, without partiality, favour, or affection; and if any doubt
'shall arise (which is not explained by the said articles or Act), according
to my conscience, and the best of my understanding, and the custom
of war.
So help me GOD.'

6

And the president of every such court-martial (not being under the rank of captain) shall be appointed by the commanding officer of the division or detachment directing such court-martial; and every such divisional or detachment court-martial is hereby authorized and directed to administer an oath to every witness that shall appear before them.

VII. And be it further enacted, That in case of any non-commissioned officer or marine tried and convicted of desertion, whensoever the courtmartial which shall pass sentence upon such trial shall not think the offence deserving of capital punishment, such court-martial may, instead

c. 5.

of awarding a corporal punishment, adjudge the offender, according to 10 Geo. IV, the nature of the offence, if they shall think fit, to be transported as a felon for life or for a certain term of years; and if such non-commissioned officer or marine, having been adjudged to be transported as a felon, shall afterwards (without leave from his Majesty, or from the governor or commanding officer of the place to which he shall have been transported), return into or be found at large without leave as aforesaid, or other lawful cause, within any part of the United Kingdom of Great Britain and Ireland, or in any of the islands adjacent to or dependent on the same, or in any of his Majesty's possessions other than the place to which he shall have been transported, before the expiration of the term limited by such sentence, and shall be convicted thereof in the ordinary course of law, every such person shall be deemed and adjudged guilty of felony, and shall suffer death as a felon.

VIII. Provided always, and be it enacted, That in all cases wherein a capital punishment shall have been awarded by a court-martial, it shall be lawful for his Majesty, instead of causing such sentence to be carried into execution, to order the offender to be transported as a felon for life or for a certain term of years, as to his Majesty shall seem meet; and if the person so transported in pursuance of such order from his Majesty shall afterwards (without leave from his Majesty, or from the governor or commanding officer of the place to which he shall have been transported.) return to any part of Great Britain or Ireland, or into any of the islands adjacent to or dependent on the same, or into any of his Majesty's possessions other than the place to which he shall have been transported, before the expiration of the term limited by such order, and shall be duly convicted thereof, he shall suffer death.

His Majesty, where a Capital Punishment is awarded, may order Offend

ers to be transported.

IX. And be it further enacted, That if any non-commissioned officer or Court may marine so convicted of desertion shall appear to have enlisted for a limited sentence Determ of years, it shall be lawful for such court to sentence any such non- serters to commissioned officer or marine so enlisted to serve for life as a soldier, serve for Life, or for any number of years beyond the period for which such non-com&c. missioned officer or marine shall have enlisted, or generally in any regiment or corps which his Majesty shall please to direct; and any non-commissioned officer or marine may in any case, in addition to any service, be further adjudged to forfeit all benefit or advantage as to increase of pay, or as to pension or discharge, which might otherwise have accrued to such non-commissioned officer or marine from the length or nature of his

service.

X. And be it further enacted, That it shall be lawful for any court- or order them martial, before which any non-commissioned officer or marine shall be to be marked. tried and convicted of desertion, to direct, if it shall so think fit, in addition to any other punishment such court may award for any such desertion, that such deserter 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 ink or gunpowder, or other preparation, so as to be visible and conspicuous, and not liable to be obliterated.

XI. And be it further enacted, That whenever his Majesty shall intend How Order for any such sentence of a court-martial to be carried into execution, or shall transportation be graciously pleased to extend his mercy, upon condition of transporta- shall be protion, to any offender liable to the punishment of death by the sentence of ceeded in. a court-martial, such sentence, together with his Majesty's pleasure upon the same, shall be notified in writing by the lord high admiral of the United Kingdom of Great Britain and Ireland, or two or more of the commissioners for executing the said office of lord high admiral, for the time being, to any justice of the King's Bench, Common Pleas, or baron of the Exchequer of the degree of the coif, and thereupon such justice or baron shall make an order for the transportation of such offender upon the terms and for the time which shall be specified in such notification, and shall also make such other order or orders, and do all such other acts consequent upon the same, as any such justice or baron is authorized to make or do by any Act or Acts in force at the time of making any such

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