Marine Mutiny.

Penalties upon Civil Subjects offending against the Laws relating to Billets and Carriages.

thereto, except when employed in Cases of Emergency as herein mentioned; and that when any Officers or Marines on Service shall have Occasion in the March by Route to pass regular Ferries in Scotland, the Officer commanding shall be at liberty to pass over with his Marines as Passengers, paying for himself and each Marine One Half only of the ordinary Rate payable by Passengers, or he shall be at liberty to hire the Ferry Boat for himself and his Party, debarring all others for that Time, and shall in such Case pay only Half the ordinary Rate for such Boat.

LXXIX. If any Constable or other Person who by virtue of this Act shall be employed in billeting any Officers or Marines in any Part of the United Kingdom shall presume to billet any such Officer or Marine in any House not within the Meaning of this Act without the Consent of the Owner or Occupier thereof; or shall neglect or refuse to billet any Officer or Marine on Duty when thereunto required, in such Manner as is by this Act directed, provided sufficient Notice be given before the Arrival of such Marines; or shall receive, demand, or agree for any Money or Reward whatsoever, in order to excuse any Person from receiving any such Officer or Marine; or shall quarter any of the Wives, Children, Men or Maid Servants of any Officer or Marine in any such Houses against the Consent of the Occupiers; or shall neglect or refuse to execute such Warrants of the Justices as shall be directed to him for providing Carriages, Horses, or Vessels, or shall demand more than the legal Rates for the same; or if any Person ordered by any Constable in manner herein-before directed to provide Carriages, Horses, or Vessels shall refuse or neglect to provide the same according to the Orders of such Constable, or shall demand more than the legal Rates for the same, or shall do any Act or Thing by which the Execution of any Warrants for providing Carriages, Horses, or Vessels shall be hindered; or if any Person liable by this Act to have any Officer or Marine quartered on him shall refuse to receive any such Officer or Marine, or to afford him proper Accommodation or Diet in the House of such Person in which he is quartered, or to furnish the several Things -directed to be furnished to Officers and Marines, or shall neglect or refuse to furnish good and sufficient Stables, together with good and sufficient Hay and Straw for each Horse at the Rate established by this Act, and in such Quantities as shall be fixed by Her Majesty's Regulations, not exceeding Eighteen Pounds of Hay and Six Pounds of Straw per Diem for each Horse, or shall pay any Sum of Money to any Marine on the March in lieu of furnishing in Kind the Diet and Small Beer to which such Marine is entitled; such Constable, Victualler, and other Person respectively shall forfeit for every Offence, Neglect, or Refusal any Sum not exceeding Five Pounds nor less than Forty Shillings; and if any Person shall personate or represent himself to be a Marine or Marine Recruit with the view of fraudulently obtaining a Billet or Money in lieu thereof, he shall for every such Offence forfeit any Sum not exceeding Five Pounds nor less than Twenty Shillings.

LXXXII. Any

• Marine Mutiny.

rine.

LXXXII. Any Person who shall detain, buy, or exchange, or Penalty for otherwise receive from any Marine or Marine Deserter, or any purchasing other Person, upon any Account or Pretence whatsoever, or shall Clothes, &c. solicit or entice any Marine or Marine Deserter, or shall be em- from any Maployed by any Marine or Marine Deserter, knowing him to be such, to sell any Arms, Ammunition, Marine Clothes, or Military Furniture, or any other Articles which, according to the Custom of the Marine Corps, are generally deemed Regimental or Divisional Necessaries, or any Provisions, Sheets, or other Articles used in Barracks or provided under Barrack Regulations, whether on shore or afloat, and whether the Marine or Marine Deserter or other Person be or be not borne on the Books of any One of Her Majesty's Ships, or be or be not embarked, or who shall have in his or her Possession or Keeping any Arms, Ammunition, Marine Clothes, or Military Furniture, or any other Articles which, according to the Custom of the Marine Corps, are generally deemed Regimental or Divisional Necessaries, or any Provisions, Sheets, or other Articles used in Barracks or provided under Barrack Regulations, and shall not give a satisfactory Account how he or she came by the same, or shall change or cause the Colour or Mark of any such Clothes, Appointments, Necessaries, Sheets, or other Articles to be changed or defaced, shall forfeit for every such Offence any Sum not exceeding Twenty Pounds, together with Treble the Value of all or any of the several Articles of which such Offender shall so become possessed; and if any Person having been so convicted shall afterwards be guilty of any such Offence, and shall be convicted thereof by One or more Justices of the Peace, every such Offender shall for every such Offence forfeit any Sum not exceeding Twenty Pounds but not less than Five Pounds, and the Treble Value of all or any of the several Articles of which such Offender shall have so become possessed, and shall, in addition to such Forfeiture, be committed to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to Hard Labour, for such Term not exceeding Six Calendar Months as the convicting Justice or Justices shall think fit; and upon any Information against any Person for a Second or any subsequent Offence, a Copy of the Conviction, certified by the proper Officer having the Care or Custody of such Conviction, or any Copy of the same proved to be a true Copy, shall be sufficient Evidence to prove a Conviction for the former Offence; and if any credible Person shall prove, on Oath before a Justice of the Peace or Person exercising like Authority according to the Laws of that Part of Her Majesty's Dominions in which the Offence shall be committed, a reasonable Cause to suspect that any Person has in his or her Possession or on his or her Premises any Property of the Description herein-before described, on or with respect to which any such Offence shall have been committed, the Justice may and he is hereby required to grant a Warrant to search for such Property as in the Case of stolen Goods; and if upon Search any such Property shall be found the same shall and may be seized by the Officer charged with the Execution of such Warrant,

Marine Mutiny. •

Recovery of
Penalties.

11 & 12 Vict. c. 43.

Warrant, who shall bring the Offender in whose Possession the same shall be found before such Justice, to be dealt with according to Law.

LXXXVI. All Offences for which any pecuniary Penalty or Forfeiture not exceeding Twenty Pounds, over and above any Forfeiture of Value or Treble Value, is by this Act imposed, shall and may be heard and determined by any Justice of the Peace in or near to the Place where the Offence shall be committed, or where the Offender may at any Time happen to be; and all such Penalties and Forfeitures, and Forfeiture of Value and Treble Value, and also the reasonable Costs attending the Prosecution, to be duly ascertained and awarded by such Justice, shall and may be enforced and recovered in the same Manner as any pecuniary Penalties may be recovered under the Provisions of an Act passed in the Twelfth Year of the Reign of Her Majesty, intituled An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Convictions and Orders: Provided always, that in all Cases in which there shall not be sufficient Goods whereon any Penalty or Forfeiture or Treble Value can be levied, the Offender may be committed and imprisoned, with or without Hard Labour, for any Time not exceeding Six Calendar Months; which said recited Act shall be used and applied in Scotland and in Ireland for the Recovery of all such Penalties and Forfeitures or Treble Value as fully to all Intents as if the said recited Act had extended to Scotland and Ireland, anything in the said recited Act, or in an Act passed in the Fourteenth and Fifteenth Years of the Reign of 14 & 15 Vict. Her Majesty Queen Victoria, intituled An Act to consolidate and

c. 93.

Mode of record

amend the Acts regulating the Proceedings at Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions, in Ireland, to the contrary notwithstanding; and all such Offences committed in the British Isles, or in any of Her Majesty's Dominions other than the United Kingdom, may be determined, and the Penalties and Forfeitures of Value or Treble Value recovered, before any Justices of the Peace or Persons exercising like Authority, according to the Laws of Her Majesty's Dominions in which the Offence shall be committed or the Offender may at any Time happen to be, and for default of Payment the Offender shall be punished as if the Offence had been committed in the United Kingdom; and all Penalties and Forfeitures by this Act imposed exceeding Twenty Pounds shall be recovered by Action in some of the Courts of Record at Westminster or in Dublin, or in the Court of Session in Scotland, and in no other Court in the United Kingdom, and may be recovered in the British Isles, or in any other Part of Her Majesty's Dominions, in any of the Royal or Superior Courts of such Isles or other Parts of Her Majesty's Dominions.

LXXXIX. Any Justice in the United Kingdom, within whose ing a Marine's Jurisdiction any Marine shall be quartered on shore, may summon Settlement. such Marine before him, which Summons such Marine is hereby required to obey, and take his Examination in Writing upon Oath

touching

Marine Mutiny. Lunacy Regulation Act, 1853, Amendment.

touching the Place of his last legal Settlement in England; and such Justice shall give an attested Copy of such Examination to the Person so examined, to be by him delivered to his Commanding Officer to be produced when required; which said Examination and such attested Copy shall be at any Time admitted in Evidence as to such legal Settlement before any Justice or at any General or Quarter Sessions of the Peace, although such Marine be dead or absent from the Kingdom: Provided always, that in Case any Marine shall be again summoned to make Oath as aforesaid, then, on such Examination or such attested Copy being produced, such Marine shall not be obliged to make any other or further Oath with regard to his legal Settlement, but shall leave with such Justice a Copy of such Examination or a Copy of such attested Copy of Examination, if required: Provided also, that when no such Examination shall have been required, the Statement made on Oath by the Recruit on his Attestation of his Place of Birth shall be taken to be his last Place of Settlement until legally disproved.

XC. All Oaths and Declarations which are authorized or re- Administration quired by this Act may be administered (unless where otherwise of Oaths. provided) by any Justice of the Peace or Magistrate acting as such; and that any Person giving false Evidence or taking a false Oath or Declaration in any Case wherein an Oath or Declaration is authorized or required to be taken by this Act, and being thereof duly convicted, shall be deemed guilty of wilful and corrupt Perjury, Perjury. and shall be liable to such Pains and Penalties as Persons convicted of wilful and corrupt Perjury are or may be subject and liable to; and every Commissioned Officer convicted before a General Courtmartial of Perjury shall be cashiered, and every Marine or other Person amenable to the Provisions of this Act found guilty thereof by a General or other Court-martial shall be punished at the Discretion of such Court.

1853.

CA P. XIII.

An Act to explain and amend the Lunacy Regulation Act, [26th April 1855.] HEREAS by the Section numbered CXXIX. of an Act passed in the Sixteenth and Seventeenth Years of the Reign of Her present Majesty, intituled An Art for the Regulation of Proceedings under Commissions of Lunacy, and the Consolidation and Amendment of the Acts respecting Lunatics so "found by Inquisition, and their Estates, it was enacted, that where a Lunatic is seised or possessed of or entitled to Land in Fee or in Tail, or to Leasehold Land for an absolute Interest, and it appears to the Lord Chancellor, intrusted as in the said Act mentioned, to be for his Benefit that a Lease or Under-lease should be made thereof for Terms of Years, for encouraging the Erection of Buildings thereon, or for repairing Buildings actually being thereon, or otherwise improving the same, or for Farming or other Purposes, the Committee of the Estate may, in the Name ' and

Lord Chancel.. lor, in Matters of Lunacy, en-> abled to empower Com

mittees of Estates to grant Leases binding on Issue or Remaindermen.

Interpretation.

Lunacy Regulation Act, 1853, Amendment.

and on behalf of the Lunatic, under Order of the Lord Chancellor, intrusted as aforesaid, make such Leases of the Land or any Part thereof, according to the Lunatic's Estate and Interest therein, and to the Nature of the Tenure thereof, for such Terin or Terms of Years, and subject to such Rents and Covenants, as the Lord Chancellor, intrusted as aforesaid, shall order: And whereas it has been considered that the Lord Chancellor, intrusted as aforesaid, cannot by Force of the said Enactment empower the Committee of a Lunatic Tenant in Tail to grant 'Leases as extensively as was intended by the said Enactment, 6 which will bind his Issue in Tail and the Remaindermen: And 'whereas it is expedient to explain and enlarge the Power of the Lord Chancellor, intrusted as aforesaid, in the Matter aforesaid :' Be it therefore enacted by the Queen'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, as follows:

I. Where a Lunatic is seised of or entitled to Land in Tail, and it appears to the Lord Chancellor, intrusted as aforesaid, to be for his Benefit, the Committee of the Estate may in the Name and on behalf of the Lunatic, under Order of the Lord Chancellor, intrusted as aforesaid, make any such Leases of the Land or any Part thereof as in the said Section of the said Act are mentioned, and every such Lease shall be good and effectual in Law against the Lunatic and his Heirs, and all Persons claiming the Lands entailed by force of any Estate Tail which shall be vested in such Lunatic, and also against all Persons, including the Queen's most Excellent Majesty, Her Heirs and Successors, whose Estates are to take effect after the Determination of or in remainder or reversion expectant upon such Estate Tail, according to such Estate as is comprised and specified in every such Lease, in like Manner as the same would have been good and effectual in Law if the Lunatic at the Time of the making of such Leases had been lawfully seised of the same Lands comprised in such Lease of a pure Estate in Fee Simple to his own Use, and had been of sound Mind, and not the Subject of a Commission of Lunacy, and had himself granted such Lease; and every Person to whom from Time to Time the Reversion expectant upon the Lease shall belong after the Death of the Lunatic shall and may have such and the like Remedies and Advantages, to all Intents and Purposes, against the Lessee, his Executors, Administrators, and Assigns, as the Lunatic or his Committee would or might have had against him or them: And the Powers given by Sections numbered CXXX. and CXXXI. of the said recited Act shall and are to operate as extensively as the Power given by the said Section CXXIX. of the said Act as explained and enlarged by this Act.

II. Where any of the Expressions in this Act are used in the said recited Act they shall receive the same Interpretation in this Act as by the said recited Act is imposed upon them.

CAP.