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Acts at vari

ance with the

said Treaty suspended.

When Act to

ration.

Fisheries (North America).

Army Service Act Amendment.

I. All Acts of Parliament and Laws which operate to prevent the Provisions of the said Treaty from taking full Effect shall, so far as they so operate, be suspended and of no Effect during the Continuance of the said Treaty.

II. This Act shall come into operation in each of the said Colocome into ope- nies of Canada, New Brunswick, Nova Scotia, and Prince Edward Island as soon as the same shall have been received and proclaimed by the Officer administering the Government of such Colony.

Provision for
Extension of

the Treaty to
Newfoundland.

10 & 11 Vict.

c. 37.

III. Whenever the necessary Laws shall have been passed by the Legislature of Newfoundland, and approved by Her Majesty, for giving Effect to the Provisions and Stipulations of the said Treaty as it respects that Colony, it shall be lawful for the Officer administering the Government of Newfoundland by his Proclamation to declare that, after a Time fixed in such Proclamation for that Purpose, the Provisions and Stipulations mentioned or referred to in the Sixth Article of the said Treaty shall extend to the said Island of Newfoundland so far as they are applicable to that Colony, and thereupon from the Time so fixed the said Provisions and Stipulations shall be so extended and have full Effect accordingly, any Act of Parliament, Law, Custom, or Usage to the contrary notwithstanding.

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CA P. IV.

An Act to amend the Act for limiting the Time of Service
in the Army.
[27th February 1855.]
WHEREAS by an Act passed in the Session holden in the
Tenth and Eleventh Years of Her Majesty, Chapter
Thirty-seven, "for limiting the Time of Service in the Army,"
it was enacted, that no Person should be enlisted to serve Her
Majesty, or in the Forces of the East India Company, as a
Soldier, for a longer Term than Ten Years in the Infantry or
'Twelve Years in the Cavalry or Artillery, or other Ordnance
Corps, to be reckoned from the Day on which the Recruit
'should have been attested, if he should have stated himself to be
then of the Age of Eighteen Years, or if not, then from the Day
' on which he would complete the Age of Eighteen Years, to be
' reckoned according to the Age stated in his Attestation: And it
was thereby also enacted, that any Soldier at any Time during
the last Six Months of the Term of limited Service for which
he should have been first engaged, or after the Completion of
such Term, might, if approved by his Commanding Officer or
other competent military Authority as a fit Person to continue
in Her Majesty's Service or in the Service of the East India
Company as a Soldier, be re-engaged to serve for the further
Term of Eleven Years in the Infantry and Twelve Years in the
Cavalry or Artillery, or other Ordnance Corps; and that any
Soldier who should be ordered on Foreign Service, and who was
within Three Years of the Expiration of his First Engagement,
should be at liberty, with the Approbation of his Commanding
' Officer,

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Army Service Act Amendment.

Officer, to re-engage before he embarked for such Foreign Ser'vice for such Period as should complete a total Service of Twenty-one Years in the Infantry or Twenty-four Years in the Cavalry or Artillery: And whereas by an Act passed in the Session holden in the Twelfth and Thirteenth Years of Her Majesty, Chapter Seventy-three, "to limit the Enlistment in 12 & 13 Vict. "the Artillery and other Ordnance Corps," it was enacted, that c. 73. during the last Six Months of the Term of limited Service for which a Soldier should have first engaged to serve in the Artillery or other Ordnance Corps, or after the Completion of such Term, he might, if approved by his Commanding Officer or other competent military Authority as a fit Person to continue in Her Majesty's Service as a Soldier, be re-engaged to serve for the 'further Term of Nine Years: And whereas by reason of Direc'tions contained in Schedules to the said first-recited Act, for 'filling up Blanks in the Forms of Questions to be put to Recruits 'on enlisting, it is apprehended that it may not be lawful to enlist Persons to serve as Soldiers for lesser Terms than the said Terms of Ten Years and Twelve Years respectively: And 'whereas it is expedient that Her Majesty should be enabled to permit Enlistment for such lesser Terms, and to authorize Soldiers to re-engage for any Terms within the Limits of Service prescribed by the said Acts: Be it 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:

cil, for Three

to lessen Terms for Enlistment and Re-engage

ment of Sol

diers.

I. For Three Years after the passing of this Act any Person Power to Her may be enlisted to serve Her Majesty, or in the Forces of the East Majesty, by India Company, as a Soldier, for any such Term, not exceeding Order in CounTen Years in the Infantry or Twelve Years in the Cavalry or Years after Artillery, or other Ordnance Corps, (to be reckoned as provided in the said first-mentioned Act,) as may be authorized by any Order or Orders of IIer Majesty in Council in this Behalf; and any Soldier may, subject to such Approbation as in the said Acts mentioned, re-engage for such Term as may by such Order or Orders in Council be authorized; provided the Term for which he is so engaged, with the Term of his Service under his First Enlistment, do not exceed the Period of Twenty-one Years in the Infantry or Artillery, or other Ordnance Corps, or Twenty-four Years in the Cavalry; and the Forms of Questions on Enlistment in Schedule A. to the said first-mentioned Act, and the Form of Declaration in Schedule B. to such Act, may, when the Occasion requires, be filled up with such Term or Number of Years as may be authorized by such Order or Orders, instead of the Term or Number of Years mentioned in the Directions contained in such Schedules.

II. The said Acts of the Tenth and Eleventh Years and Twelfth and Thirteenth Years of Her Majesty and this Act shall be read and construed together as One Act.

Recited Acts and this Act to

be read as One.

С А Р.

17 & 18 Vict. c. 125.

Provisions of
Section 18.
extended to
Ireland.

Common Law Procedure Act Amendment (Ireland).

CAP. V.

An Act to apply the Sum of Three millions three hundred
thousand Pounds out of the Consolidated Fund to the
Service of the Year ending the Thirty-first Day of March
One thousand eight hundred and fifty-five.

CA P. VI.

[5th March 1855.]

An Act to apply the Sum of Twenty millions out of the Consolidated Fund to the Service of the Year One thousand eight hundred and fifty-five. [5th March 1855.]

CA P. VII.

An Act to extend to Ireland the Provisions of the Eighteenth
Section of the Common Law Procedure Act, 1854.
[16th March 1855.]

W
WHEREAS it is expedient to extend to Ireland the Provi-

sions contained in the Eighteenth Section of the Common Law Procedure Act, 1854:' Be it 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. That from and after the passing of this Act, whenever any Cause shall be tried in any Court of Civil Jurisdiction in Ireland by any Jury, the Addresses to the Jury shall be regulated as follows; that is to say, the Party who begins, or his Counsel, shall be allowed, in the event of his Opponent not announcing at the Close of the Case of the Party who begins his Intention to adduce Evidence, to address the Jury a Second Time at the Close of such Case for the Purpose of summing up the Evidence, and the Party on the other Side, or his Counsel, shall be allowed to open the Case, and also to sum up the Evidence, if any, and the Right to reply shall be the same as at present.

CA P. VIII.

An Act for raising the Sum of Seventeen millions one
hundred and eighty-three thousand Pounds by Exchequer
Bills for the Service of the Year One thousand eight hun-
dred and fifty-five.
[16th March 1855.]

CA P. IX.

An Act to suspend the Decline of the Customs Duties on
Tea from and after the Fifth Day of April One thousand
eight hundred and fifty-five.
[16th March 1855.]

BE

E it 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:

Tea Duties Decline Suspension.

I. In lieu of the several Duties of Customs made payable on In lieu of Tea by the Act of the Sixteenth and Seventeenth Years of the Duties made Reign of Her present Majesty, Chapter One hundred and six, payable by there shall be raised, levied, collected, and paid unto Her Majesty, Her Heirs and Successors, the following Duties thereon; that is to say,

From and after the passing of this Act until the Expi-
ration of Twelve Months from the Fifth Day of April
inclusive, which shall first happen after the Date of a
definitive Treaty of Peace with Russia
From thence until the Expiration of the ensuing Twelve
Months

And thenceafter

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Without any Allowance for Draft.

s. d.

the lb.

1

6

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the lb. 1

3

the lb. 1

16 & 17 Vict. c. 106. the

following to be

levied.

II. In citing this Act in other Acts or legal Instruments it shall Short Title. be sufficient to use the Expression "The Tea Duties Decline Suspensión Act, 1855."

CA P. X.

An Act to enable a Third Principal Secretary and a Third Under Secretary of State to sit in the House of Commons. [16th March 1855.]

THEREAS under the Provisions of an Act of the Sixth

Anne, c. 7.

Year of Queen Anne, Chapter Seven, and of an Act of the Twenty-second Year of King George the Third, Chapter Eighty- 22 G. 3. c. 82. two, not more than Two of Her Majesty's Principal Secretaries ⚫ of State are capable of sitting as Members of the House of Com*mons at the same Time, and by reason of the said Act of the Twenty-second Year of King George the Third, and of an Act

of the Fifteenth Year of King George the Second, Chapter 15 G. 2. c. 22. Twenty-two, Doubts are entertained whether more than Two of the Under Secretaries to the Principal Secretaries of State are ⚫ capable of sitting as such Members: And whereas it would be for the Advantage of the Public Service that Three of such 'Principal Secretaries and Three of such Under Secretaries should be capable of sitting at the same Time in the House of Commons? Be it 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, That any Three of Her Power to any Majesty's Principal Secretaries of State for the Time being, and Three of the any Three of the Under Secretaries for the Time being to Her Principal SeMajesty's Principal Secretaries of State, may sit and vote as Members of the House of Commons, anything in the said Acts or in any other Act or Acts to the contrary notwithstanding; but not more than Three such Principal Secretaries and not more than Three such Under Secretaries shall sit as Members of the House of Commons at the same Time.

cretaries and

any Three of

the Under Se cretaries of State to sit in

the House of Commons.

САР.

Numbers, 193,525 Men.

Previous Convictions to be put in Evidence.

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Mutiny.

CA P. XI.

An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.

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[16th March 1855.]

[This Act is the same, except as to Dates and the Parts here inserted, as 17 & 18 Vict. c. 4.]

WHEREAS the raising or keeping a Standing Army within

the United Kingdom of Great Britain and Ireland in Time of Peace, unless it be with the Consent of Parliament, is against Law And whereas it is adjudged necessary by Her Majesty and this present Parliament that a Body of Forces should be continued for the Safety of the United Kingdom, the 'Defence of the Possessions of Her Majesty's Crown, and the Preservation of the Balance of Power in Europe, and that the 'whole Number of such Forces should consist of One hundred and ninety-three thousand five hundred and ninety-five Men, 'exclusive of the Officers and Men belonging to the Regiments employed in the Territorial Possessions of the East India Company, but including the Officers and Men of the Troops and Companies recruiting for those Regiments: And whereas no 'Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm, by 'Martial Law, or in any other Manner than by Judgment of his 'Peers, and according to the known and established Laws of this Realm, yet nevertheless it being requisite, for the retaining all the before-mentioned Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny or stir up Sedition, or shall desert IIer Majesty's Service, or be guilty of Crimes and Offences to the Prejudice of good Order and Military Discipline, be brought to a more exemplary and speedy Punish'ment than the usual Forms of the Law will allow?' 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, That

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XVI. After a Prisoner has been found guilty of any Charge or Charges, the Court before which any such Prisoner shall have been tried may, before passing Sentence on such Prisoner, and for the Purpose only of affixing Punishment, receive in Evidence against him any previous Convictions by Courts-martial, and in like Manner and for the like Purpose the Court shall receive in Evidence any previous Conviction of such Prisoner by a Court of ordinary Criminal Jurisdiction, where the Offence charged in the Indictment, so far as the Charge of which he was convicted, was of a felonious, fraudulent, or unnatural Nature; and in the Case of Convictions by Courts-martial, duly confirmed, the Courtmartial Book or the Regimental or Company's Defaulters Book, and when none of those Books can conveniently be produced, a

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