Exemption from Tolls.

not exceeding the usual Rate of Hire fixed by this Act; and when additional Rates or Compensation shall be granted, the Justice shall insert, in his own Hand, in the Warrant, the Amount thereof, and the Date of the Order of Sessions, if fixed by Sessions, and the Warrant shall be given to the Officer commanding as his Voucher: Provided always, that the Officer or Non-commissioned Officer demanding Carriages by virtue of the Warrant of a Justice shall, in England, pay down the proper Sums into the Hands of the Constables providing Carriages, who shall give Receipts for the same on unstamped Paper; and, in Ireland, the Officers or Non-commissioned Officers as aforesaid shall pay the Owners or Drivers of the Carriages, and One Third Part of such Payment shall be made before the Carriage be loaded, and ail the said Payments in Ireland shall be made, if required, in Presence of a Justice or Constable: Provided also, that no Carriage shall be liable to carry more than Thirty Hundred Weight in England, and in Ireland no Car shall be liable to carry more than Six Hundred Weight, and no Dray more than Twelve Hundred Weight; but the Owner of such Carriages in Ireland, consenting to carry a greater Weight, shall be paid at the same Rate for every Hundred Weight of the said Excess; and the Owners of such Carriages in Ireland shall not be compelled to proceed, though with any less Weight, under the Sum of Three-pence a Mile for each Car, and Sixpence a Mile for each Dray; and the Loading of such Carriages in Ireland shall be first weighed, if required, at the Expence of the Owner of the Carriage, if the same can be done in a reasonable Time, without Hindrance of His Majesty's Service; and the providing and paying for Carriages in Scotland shall be regulated by the Law in force at the Time of the Union with England: Provided also, that a Cart with One or more Horses, for which the Furnisher shall receive Nine-pence a Mile, shall be required to carry Fifteen Hundred Weight at the least; and that no Penalties or Forfeitures in any Act relating to Highways or Turnpike Roads in the United Kingdom shall apply to the Number of Horses or Oxen, or Weight of Loading of the aforesaid Carriages, nor shall any such Carriages on that Account be stopped or detained.

XLIX. And be it enacted, That all Officers and Marines, being in proper Uniform, Dress or Undress, and their Horses, and all Carriages and Horses when employed in conveying Persons or Baggage under the Provisions of this Act, or returning therefrom, shall be exempted from the Payment of any Duties and Tolls on embarking or disembarking from or upon any Pier, Wharf, Quay, or Landing Place, or passing Turnpike Roads or Bridges, otherwise demandable by virtue of any Act already made or hereafter to be made; provided that nothing herein contained shall exempt any Boats, Barges, or other Vessels employed in conveying the said Persons, Horses, Baggage, or Stores along any Canal, from Payment of Tolls, in like Manner as other Boats, Barges, and Vessels are liable thereto; and that when any Officers or Marines on Service shall have Occasion in the March 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 Pas

sengers,

sengers, 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.

to Billets and

Carriages.

L. And be it enacted, That if any Constable or other Person, Penalties upon who by virtue of this Act shall be employed in billetting any Civil Subjects Officers or Marines in any Part of the United Kingdom, shall offending presume to billet any such Officer or Marine in any House not against the Laws relating 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 appointed by such Constable to provide Carriages, Horses, or Vessels, shall do any Act or Thing by which the Execution of such Warrants shall be hindered; or if any Person liable by this Act to have any Officer or Marine quartered on him shall refuse to receive and to afford 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 any Act in force in that respect; 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.

LI. And be it enacted, That if any Officer of Royal Marines shall take upon him to quarter Men otherwise than is allowed by this Act, or shall use or offer any Menace or Compulsion to or upon any Justice, Constable, or other Civil Officer, tending to deter and discourage any of them from performing any Part of their Duty under this Act, or to do any Thing contrary thereto, such Officer shall for every such Offence, being thereof convicted before any Two or more Justices 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 hold any Military Employment in His Majesty's Service; provided a Certificate thereof be forthwith transmitted by the said Justices to the Secretary of the Admiralty, and that the Conviction be affirmed at some Quarter Sessions of the Peace for the said County to be held next after the Expiration of Three Months after such Certificate shall have been transmitted as aforesaid; and if any Marine Officer shall take, or knowingly suffer to be taken, any Money or Reward of any Person for excusing the quartering of Officers or Marines, or shall billet any of the Wives, Children, Men or Maid Servants

Penalty upon
Officers of

Marines so offending.

of

Penalty for purchasing Clothes, &c. from any Marine.

Penalty on
Officers killing

Game.

Officers not

liable to take Parish Apprentices.

of any Officer or Marine in any House, against the Consent of the
Occupier, he shall for any of the said Offences, upon being con-
victed thereof before a General Court-martial, be cashiered; and
if any Officer shall constrain any Carriage to travel beyond the
Distance specified in the Justice's Warrant, or shall not discharge
the same in due Time for their Return Home on the same Day, if
it be practicable, except in the Case of Emergency, for which the
Justice shall have given Licence, or shall compel the Driver of any
Carriage to take up any Marine or Servant (except such as are
sick) or any Woman to ride therein, except in Cases of Emer- 1
gency as aforesaid, or shall force any Constable, by threatening
Words, to provide Saddle Horses for himself or Servants, or shall
force Horses from their Owners, or in Ireland shall force the
Owner to take any Loading until the same shall be first duly
weighed, if the same shall be required and can be done within a
reasonable Time, or shall, contrary to the Will of the Owner or
his Servant, permit any Person whatsoever to put any greater
Load upon any Carriage than is directed by this Act, he shall
forfeit for every Offence any Sum not exceeding Five Pounds or
less than Forty Shillings.

LII. And be it enacted, That any Person who shall unlawfully have in his or her Possession or Keeping, or who shall knowingly detain, buy, or exchange, or otherwise receive, any Arms, Ammunition, Clothes, Cap, or other Military Furniture or Appointments, from any Marine or Marine Deserter, or any other Person, upon any Account or Pretence whatsoever, or any other Articles belonging to any Marine or Marine Deserter, which are generally deemed Regimental Necessaries, according to the Custom of the Royal Marine Corps, or shall change or cause the Colour or Mark of any such Clothes, Appointments, or Necessaries to be changed or defaced, shall forfeit for every such Offence the Sum of Ten Pounds, together with Treble the Value of all or any the several Articles of which such Offender shall so become possessed; and if any credible Person shall prove on Oath before a Justice of the Peace 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 grant a Warrant to search for such Property as in the Case of stolen Goods.

LIII. And for the better Preservation of the Game and Fish in or near such Places where any Officers shall at any Time be quartered, be it enacted, That every Officer who shall, without Leave in Writing from the Person or Persons entitled to grant such Leave, take, kill, or destroy any Game or Fish within the United Kingdom, and who upon Complaint thereof shall be, upon Oath of One or more credible Witness or Witnesses, convicted before any Justice, shall for every such Offence forfeit the Sum of Five Pounds.

LIV. And be it enacted, That no Officer of His Majesty's Royal Marine Forces, residing in Barracks or elsewhere under Military Law, shall be deemed liable to have any Parish Poor Child bound Apprentice to him.

LV. And

E

LV. And be it enacted, That any Justice in the United King- Mode of redom, within whose Jurisdiction any Marine having a Wife, Child, cording a

ment.

re or Children, shall be quartered, may summon such Marine before Marine Settlehim (which Summons such Marine is hereby required to obey), and take his Examination in Writing, upon Oath, 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 last 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 Cath 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.

LVI. And be it enacted, That all Oaths which are authorized Administration or required by this Act may be administered (unless where other- of Oaths. wise provided) by any Justice of the Peace or Magistrate acting as

such; and that any Person giving false Evidence or taking a false. Perjury.
Oath in any Case wherein an Oath is authorized or required to be
taken by this Act, and being thereof duly convicted, shall be
deemed guilty of wilful and corrupt 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.

LVII. And be it enacted, That it shall be lawful for any Two Licences of Justices of the Peace within their respective Jurisdictions, to Canteens. grant or transfer any Licence for selling by Retail any Spirit, Beer, Wine, Cider, or Perry to any Person or Persons applying for the same who shall hold any Canteen under any Lease thereof, or by Agreement or other Authority under the said Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, for the Time being, or from the Paymaster and Inspector General of His Majesty's Royal Marine Forces, without regard to the Time of Year, or any Notices or Certificates required by any Act in respect of such Licences, and the Commissioners of Excise within their respective Districts shall also grant or transfer any such Licence as aforesaid; and such Persons holding such Canteens, and having such Licences as aforesaid, may sell therein Victuals, and all such exciseable Liquors as they shall be licensed and empowered to sell, without being subject for so doing to any Penalty or Forfeiture whatever.

LVIII. And be it enacted, That if any Action shall be brought Limitation of against any Member or Minister of a Court-martial to be assembled Actions. under the Authority of this Act, in respect of the Proceedings or the Sentence thereof, or against any other Person for any Thing done in pursuance or under the Authority of this Act, the same shall be brought in some one of the Courts of Record at Westminster or Dublin, or in the Court of Session in Scotland, and shall be commenced within Six Months next after the Cause of Action shall arise, and that it shall be lawful for the Defendant or Defendants

Recovery of
Penalties.

3 G.4. c.23.

5 G. 4. c. 18.

Appropriation

of Penalties.

Defendants therein to plead thereto the General Issue, and to give all special Matter in Evidence on the Trial; and if the Verdict shall be for the Defendant in any such Action, or if the Plaintiff shall become Nonsuit, or suffer any Discontinuance thereof, or if, in Scotland, the Court shall see fit to assoilzie the Defendant or dismiss the Complaint, the Court in which the Matter shall be tried shall allow the Defendant Treble Costs, for the Recovery of which he shall have the like Remedy as in other Cases where Costs by the Laws of this Realm are given to Defendants.

LIX. And be it enacted, That all Offences for which any Penalties and Forfeitures are by this Act imposed, not exceeding Twenty Pounds, over and above any Forfeiture of Value and Treble Value, shall and may be determined, and such Penalties and Forfeitures and Forfeiture of Value and Treble Value shall and may be recovered, in any Part of the United Kingdom, before One or more Justices of the Peace, under the Provisions of an Act passed in the Third Year of the Reign of His late Majesty King George the Fourth, intituled An Act to facilitate summary Proceedings before Justices of the Peace and others; and by another Act, passed in the Fifth Year of the Reign of His said late Majesty, intituled An Act for the more effectual Recovery of Penalties before Justices and Magistrates on Conviction of Offenders, for facilitating the Execution of Warrants by Constables: Provided always, that in all Cases in which there shall not be sufficient Goods whereon any Penalty or Forfeiture can be levied, the Offender may be committed and imprisoned for any Time not exceeding Six Months; which said recited Acts shall be used and applied in Scotland for the Recovery of all such Penalties and Forfeitures as fully to all Intents as if the said recited Acts had extended to Scotland, any Thing in the said recited Acts to the contrary notwithstanding; and all such Offences committed in the British Isles, or in any of His Majesty's Dominions beyond the Seas, 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 the Part of His Majesty's Dominions in which the Offence shall be committed; 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 Parts of His Majesty's Dominions, in any of the Royal or superior Courts of such Isles or other Parts of His Majesty's Dominions.

LX. And be it enacted, That one Moiety of every such Penalty or Forfeiture (not including any Treble Value of any Articles) shall go to the Person who shall inform or sue for the same, and the other Moiety, or where the Offence shall be proved by the Person who shall inform, then the whole of the Penalty, shall be paid over to the Paymaster of the Royal Marine Forces, to be applied in such Manner as the Lord High Admiral or the Commissioners for executing the Office of Lord High Admiral shall direct; and every Justice who shall adjudge any Penalty under this Act shall, within Four Days thereafter at the furthest, report

the