Trials for

of the Regiment, or to be sick, or in Prison, or on Furlough;
and every Officer who shall make any false or untrue Muster
of Man or Horse, or shall wittingly or willingly allow or sign
the Muster Roll wherein such false Muster is contained, or
any Duplicate thereof, or who shall directly or indirectly take
or cause to be taken any Money or Gratuity for mustering any
Soldiers, or for signing any Muster Rolls or Duplicates thereof,
or shall knowingly muster any Person by a wrong Name, upon
Proof thereof upon Oath made by Two Witnesses before a
General Court-martial, shall for such Offence be forthwith
cashiered, and shall be thereby utterly disabled to have or hold
any Civil or Military Office or Employment within the United
Kingdom of Great Britain and Ireland, or in Her Majesty's
Service.

XLV. And be it enacted, That every Soldier shall be liable
Desertion after to be tried and punished for Desertion from any Corps into
subsequent
Re-enlistment. which he may have enlisted, or from Her Majesty's Service,

Apprehension

of Deserters in the United Kingdom.

although he may of right belong to the Corps from which he
shall have originally deserted; and whether such Soldier shall
be tried for deserting from the Corps into which he originally
enlisted, or for deserting from the same Corps into which he
may have subsequently enlisted, or for any other Desertion,
every Desertion previous or subsequent to that for which he
may be so tried may, if duly stated in the Charges, be given
in Evidence against him on such Trial.

XLVI. And be it enacted, That upon reasonable Suspicion
that a Person is a Deserter it shall be lawful for any Constable,
or if no Constable can be immediately met with then it shall
be lawful for any Officer or Soldier in Her Majesty's Service,
to apprehend or cause such suspected Person to be apprehended,
and to bring or cause him to be brought before any Justice
living in or near such Place, and acting for the County or
Borough wherein such Place is situate, or for the County
adjoining such first-mentioned County or such Borough; and
such Justice is hereby authorized and required to inquire
whether such suspected Person is a Deserter, and if it shall
appear by the Testimony of One or more Witnesses, taken
upon Oath, or by the Confession of such suspected Person, or
by the Knowledge of such Justice, that such suspected Person
is a Deserter, such Justice shall forthwith cause him to be con-
veyed in Civil Custody to the Head Quarters or Depôt of the
Regiment to which he belongs, if stationed within Five Miles
of the Place of Apprehension, or if such Head Quarters or
Depôt shall not be stationed within Five Miles, then to the
nearest or most convenient public Prison, (other than a Military
Prison set apart under the Authority of this Act,) whether
such Prison be in the County or Borough in which such sus-
pected Person was apprehended or in which he was committed
or not; or if the Deserter shall have been apprehended by a
Party of Soldiers of his own Regiment, in Charge of a Com-
missioned Officer, such Justice may deliver him up to such
Party, unless the Officer shall deem it necessary to have the
Deserter

1

Deserter committed to Prison for safe Custody; and such Justice shall transmit an Account thereof, in the Form prescribed in the Schedule annexed to this Act, to the Secretary at War, specifying therein whether such Deserter was delivered to his Regiment or to the Party of his Regiment in order for his being taken to the Head Quarters or Depôt of his Regiment, or whether such Deserter was committed to Prison, to the end that the Person so committed may be removed by an Order from the Office of the said Secretary at War, and proceeded against according to Law; and such Justice shall also send to the Secretary at War a Report, stating the Names of the Persons by whom the Deserter was apprehended and secured; and the Secretary at War shall transmit to such Justice an Order for the Payment to such Persons of such Sum, not exceeding Forty Shillings, as the Secretary at War shall be satisfied they are entitled to, according to the true Intent and Meaning of this Act; and for such Information, Commitment, and Report as aforesaid the Clerk of the said Justice shall be entitled to a Fee of Two Shillings and no more; and every Gaoler and other Person into whose Custody any Person charged with Desertion is committed shall immediately upon the Receipt of the Person so charged into his Custody pay such Fee of Two Shillings, and also upon the Production of a Receipt from the Medical Practitioner who may have been required to examine such suspected Person a Fee of Two Shillings and Sixpence, and shall notify the Fact to the Secretary at War, and transmit also to the Secretary at War a Copy of the Commitment, to the end that such Secretary at War may order Repayment of the same ; and that when any Person shall be apprehended and committed In the Colonies. as a Deserter in any of Her Majesty's Colonies the Justice shall forthwith cause him to be conveyed to some public Prison, if the Regiment to which he is suspected to belong shall not be in the Colony, or, if the Regiment be in the Colony, the Justice may, if within reasonable Distance, deliver him into Custody at the nearest Military Post, although the Regiment to which such Person is suspected to belong may not be stationed at such Military Post; and such Justice shall in every Case transmit to the General or other Officer commanding in the Colony a Description Return in the Form prescribed, to the end that such Person may be removed by the Order of such Officer, and proceeded against according to Law.

Deserters in

XLVII. And be it enacted, That every Gaoler or Person Temporary having the immediate Inspection of any public Prison, Gaol, Custody of House of Correction, Lock-up House, or other Place of Con- Gaols. finement in any Part of Her Majesty's Dominions, is hereby required to receive and confine every Deserter who shall be delivered into his Custody by any Soldier conveying such Deserter under lawful Authority, on Production of the Warrant of the Justice of the Peace on which such Deserter shall have been taken, or some Order from the Office of the Secretary at War, which Order shall continue in force until the Deserter shall have arrived at his Destination; and such Gaoler or Person shall

Desertion of
Recruits.

Fraudulent
Confession of
Desertion.

shall be entitled to One Shilling for the safe Custody of the said Deserter while halted on the March, and to such Subsistence for his Maintenance as shall be directed by Her Majesty's Regulations.

XLVIII. And be it enacted, That any Recruit who shall desert prior to joining the Regiment for which he has enlisted shall, on being apprehended, and committed for such Desertion by any Justice of the Peace upon the Testimony of One or more Witnesses upon Oath, or upon his own Confession, be liable to be transferred to any Regiment or Depôt nearest to the Place where he shall have been apprehended, or to any other Regiment to which Her Majesty may deem it more desirable that he should be transferred: Provided always, that all Cavalry Recruits so committed for Desertion shall be transferred to Cavalry Regiments, and Infantry Recruits to Infantry Regiments; and that such Deserters thus transferred shall not be liable to other Punishment for the Offence, nor to any other Penalty, except the Forfeiture of their personal Bounty, reserving only for them that Part of the Bounty which is applicable to and required for the Provision of Necessaries.

XLIX. And be it enacted, That any Person who shall voluntarily deliver himself up and confess himself to be a Deserter from Her Majesty's Forces, or the Embodied Militia, or the Forces of the East India Company, or who, while serving in any of Her Majesty's Forces, or the Embodied Militia, or the Forces of the East India Company, shall to any Officer or Non-commissioned Officer thereof confess himself to be a Deserter as aforesaid, or who, upon being apprehended for any Offence, shall, in the Presence of the Justice, confess himself to be a Deserter as aforesaid, shall be deemed to have duly enlisted and to be a Soldier, and shall be liable to serve in any of Her Majesty's Forces, as Her Majesty shall think fit to appoint, whether such Person shall have been actually enlisted as a Soldier or not; or in case such Person shall not be a Deserter as aforesaid, he shall be liable to be taken before Two Justices of the Peace, and, on Proof that any such Confession as aforesaid was false, shall by them be adjudged to be punished, if in England, as a Rogue and Vagabond, and if in Scotland or Ireland by Commitment to some Prison or House of Correction, there to be kept to hard Labour for any Time not exceeding Three Months, or be deemed guilty of obtaining Money under false Pretences within the true Intent and Meaning, if in England, of an Act passed in the Seventh and Eighth Years of His

7&8 G. 4. c.29. Majesty King George the Fourth, intituled An Act for amend ing and consolidating the Laws in England relative to Larceny and other Offences connected therewith, and if in Ireland, of an Act passed in the Ninth Year of the Reign of His Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith, or shall be deemed guilty, if in Scotland, of Falsehood, Fraud, and wilful Imposition; and every Person so deemed to be guilty of obtaining Money under false Pretences,

Pretences, or of Falsehood, Fraud, and wilful Imposition, as the Case may be, shall be liable to be proceeded against and punished accordingly; and the Confession and receiving Subsistence as a Soldier by such Person shall be Evidence of the false Pretence, or of the Falsehood, Fraud, and Imposition, as the Case may be, and of the obtaining Money to the Amount of the Value of such Subsistence, and the Value of such Subsistence so obtained may be charged in the Indictment as so much Money received by such Person; and in case such Person shall have been previously convicted of the like Offence, or shall have been summarily convicted and punished in England as a Rogue and Vagabond, or in Scotland or Ireland by Commitment, for making a fraudulent Confession of Desertion, such former Conviction may be alleged in the Indictment, and may be proved upon the Trial of such Person; and in such Indictment for a Second Offence it shall be sufficient to state that the Offender was at a certain Time and Place convicted of obtaining Money under false Pretences as a Deserter, or for making a fraudulent Confession of Desertion, without otherwise describing the said Offence; and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for the former Offence, purporting to be signed by the Clerk of the Court or other Officer having the Custody of the Records of the Court where the Offender was first convicted, or by the Deputy of such Clerk, or by the Clerk of the convicting Magistrate, shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of the first Conviction, without Proof of the Signature or official Character of the Person appearing to have signed the same ; and if the Person so confessing himself to be a Deserter shall be serving at the Time in any of Her Majesty's Forces, he shall be deemed to be and shall be dealt with by all Justices and Gaolers as a Deserter.

L. And be it enacted, That when there shall not be any Extension of Military Officer of Rank, not inferior to Captain, or any Ad- Furlough in jutant of Regular Militia, within convenient Distance of the case of Sickness. Place where any Non-commissioned Officer or Soldier on Furlough shall be detained by Sickness or other Casualty rendering necessary any Extension of such Furlough, it shall be lawful for any Justice who shall be satisfied of such Necessity to grant an Extension of Furlough for a Period not exceeding One Month; and the said Justice shall by Letter immediately certify such Extension and the Cause thereof to the Commanding Officer of the Corps or Detachment to which such Non-commissioned Officer or Soldier belongs, if known, and if not, then to the Agent of the Regiment, in order that the proper Sum may be remitted to such Non-commissioned Officer or Soldier, who shall not during the Period of such Extension of Furlough be liable to be treated as a Deserter; provided that nothing herein contained shall be construed to exempt any Soldier from Trial and Punishment, according to the Provisions of this Act, for any false Representation made by

No Person

acquitted or convicted by

trate, or by a Jury, to be tried by Courtmartial for the same Offence.

him in that Behalf to the said Justice, or for any Breach of Discipline committed by him in applying for and obtaining the said Extension of Furlough.

LI. And be it enacted, That no Person having been acquitted or convicted of any Crime or Offence by the Civil Magistrate,

the Civil Magis. or by the Verdict of a Jury, shall be liable to be again tried for the same Crime or Offence by a Court-martial, or punished for the same, otherwise than by cashiering; and that whenever any Officer or Soldier shall have been tried by any Court of ordinary Criminal Jurisdiction, the Clerk of such Court or other Officer having the Custody of the Records of such Court, or the Deputy of such Clerk, shall, if required by the Officer commanding the Regiment to which such Officer or Soldier shall belong, transmit to him a Certificate, containing the Substance and Effect only of the Indictment, omitting the formal Part, and containing also a Copy of the Entry of the Judgment of the Court thereon if such Officer or Soldier shall have been convicted, or of the Acquittal of such Officer or Soldier, and shall be allowed for such Certificate a Fee of Three Shillings.

Soldiers not to be taken for

LII. And be it enacted, That no Person whatever enlisted Debts under 30l, into Her Majesty's Service as a Soldier shall be liable to be

arrested or taken therefrom, by reason of the Warrant of any Justice or other Process, for not supporting, or for leaving chargeable on any Parish, Township, or Union, any Wife or any Child or Children, or (except in the Case of an Apprentice) on account of any Breach of Contract or Engagement to serve or work for any Employer; and no Person enlisted as a Soldier or serving as a Non-commissioned Officer or Drummer on the permanent Staff of the disembodied Militia shall be liable to be taken out of Her Majesty's Service by any Process or Execution whatsoever, other than for some Criminal Matter, unless an Affidavit shall be made by the Plaintiff or some one on his Behalf, for which no Fee shall be taken, before some Judge of the Court out of which such Process or Execution shall issue, or before some Person authorized to take Affidavits in such Courts, of which Affidavit a Memorandum shall, without Fee, be endorsed upon the Back of such Process, that the original Debt for which the Action has been brought or Execution sued out amounts to the Value of Thirty Pounds at least, over and above all Costs of Suit in the Action or Actions on which the same shall be grounded; and any Judge of such Court may examine into any Complaints made by a Soldier, or by his Superior Officer, and by Warrant under his Hand discharge such Soldier without Fee, he being shown to be duly enlisted, and to have been arrested contrary to the Intent of this Act, and shall award reasonable Costs to such Complainant, who shall have for the Recovery thereof the like Remedy as would have been applicable to the Recovery of any Costs which might have been awarded against the Complainant in any Judgment or Execution as aforesaid; provided that any Plaintiff, upon Notice of the Cause of Action first given in Writing to any Soldier, or left at his last Quarters or Place

of