XXII. And be it enacted, That any Person who shall voluntarily Fraudulent deliver himself up as a Deserter from His Majesty's Forces or the Confession of embodied Militia, or the Forces of the East India Company, or Desertion. who, upon being apprehended for any Offence, shall, in the Presence of the Justices, confess himself to be a Deserter as aforesaid, shall be deemed to have been duly enlisted and to be a Soldier, and shall be liable to serve in any of His Majesty's Forces, as His Majesty shall think fit to appoint, whether such Person shall have been ever actually enlisted as a Soldier or not; and if the Person so confessing himself to be a deserter shall be serving at the Time in any of His Majesty's Forces, he shall be deemed to be and shall be dealt with as a Deserter.

XXIII. And be it enacted, That every Person who shall in any Penalty for inPart of His Majesty's Dominions, directly or indirectly, persuade ducing or asany Soldier to desert His Majesty's Service, shall suffer such sisting to dePunishment by Fine or Imprisonment, or both, as the Court before sert. which the Conviction may take place shall adjudge; and every Person who shall assist any Deserter from His Majesty's Service, knowing him to be such, in deserting or in concealing himself from such Service, shall forfeit for every such Offence the Sum of Twenty Pounds.

XXIV. And be it enacted, That every Commissioned Officer Penalty for who shall, without Warrant from One or more of His Majesty's forcible Entry. Justices, forcibly enter into or break open the Dwelling House or Outhouses of any Person whomsoever, under Pretence of searching for Deserters, shall, upon due Proof thereof, forfeit the Sum of Twenty Pounds.

XXV. And be it enacted, That every Gaoler and Keeper of any Prison or House of Correction in England or Ireland shall, upon the Order in Writing of any Commanding Officer of a District, Garrison, Regiment, or Corps (as the Case may be), receive and provide a proper Place of Confinement for any Soldier under Sentence of Imprisonment by a Court-martial, and shall detain such Soldier during the Period stated in such Order, or until he be discharged, or shall deliver up such Soldier to any Person producing an Order in Writing to that Effect from any such Commanding Officer as aforesaid, although the Period for which the Soldier was originally committed shall not have expired; and every such Gaoler who shall refuse to receive and to confine any such Non-commissioned Officer or Soldier in Manner as aforesaid shall forfeit for every such Offence the Sum of One hundred Pounds.

Custody of

Offenders under a Military

Sentence.

XXVI. And be it enacted, That the Gaoler or Person having Custody of the immediate Inspection of any Prison, Gaol, or House of Cor- Deserters. rection in England and Ireland, shall receive and apply to the Maintenance of every Soldier, during the Period of his Imprisonment, Sixpence per Diem, which the Secretary at War shall cause to be issued out of the Subsistence of such Soldier, upon Application in Writing, signed by any Justice, within whose Jurisdiction such Place of Confinement shall be locally situated, together with a Copy of the Order of Commitment; and such Gaoler 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 Jus

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tice

Notice of Ex

piration of Imprisonment.

Various Persons subject to the Act.

Foreign
Troops in this
Country.

Militia and
Yeomanry.

tice of the Peace on which such Deserter shall have been taken, or some Order from the Office of the Secretary at War, or Chief Governor or Governors of Ireland; and such Gaoler 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 His Majesty's Regulations.

XXVII. And be it enacted, That every Gaoler, to whom any Notice shall have been given that any Person in his Custody for any Offence is a Soldier liable to serve His Majesty on the Expiration of his Imprisonment, shall give One Month's Notice of the Period of such Expiration of Imprisonment, or if there shall not be sufficient Time for a Month's Notice, then the longest practicable Notice thereof, to the Secretary at War, or if in Ireland, to the Chief Secretary.

XXVIII. And be it enacted, That all the Provisions of this Act shall apply to all Persons employed on the Recruiting Service, receiving Pay in respect of such Service, and to the Officers and Persons now or hereafter serving and hired to be employed in the Royal Artillery and Field Train, and Master Gunners and Gunners, and Conductors of Stores, and in the Regiment of Royal Engineers, and in-the Corps of Royal Sappers and Miners, and in the Corps of Royal Military Surveyors and Draftsmen, in the Ordnance and in the Commissariat Departments, and who are or shall be serving with any Part of His Majesty's Forces, at Home or Abroad, under the Command of any Officer having Commission from His Majesty; and all Storekeepers and other Civil Officers who are or shall be employed by or act under the Ordnance at any of His Majesty's Ordnance Establishments at Foreign Stations; provided that nothing in this Act contained shall extend to affect any Security which has been given by such Storekeeper, Barrack Master, or other Officer, or their Sureties, for the due Performance of their respective Offices, under the Provisions of an Act passed in the Fiftieth Year of the Reign of His late Majesty, to regulate the taking of Securities in all Offices, but that such Bonds and other Securities shall be and remain in full Force and Effect.

XXIX. And be it enacted, That all Officers and Soldiers of any Troops, being mustered and in Pay, which shall be raised and serving in any of His Majesty's Dominions Abroad, or in Places in Possession of or occupied by His Majesty's Subjects, under the Command of any Officer having any Commission immediately from His Majesty, shall be liable to Martial Law in like Manner as His Majesty's other Forces are; and if such Officers and Soldiers, having been made Prisoners, be sent into England or Ireland, although not allowed to serve therein, all the Provisions of this Act, in regard to billetting Soldiers, shall apply to such Officers and Soldiers.

XXX. And be it enacted, That nothing in this Act contained shall in anywise be construed to extend to any of the Militia Forces or Yeomanry or Volunteer Corps in Great Britain or Ireland, excepting only in such Case wherein, by any Act or Acts for regulating any of the said Forces or Corps, the Provisions contained in any Act for punishing Mutiny and Desertion shall be specifically made applicable to the said Corps.

XXXI. And

Recruits.

XXXI. And be it enacted, That this Act shall be construed to Limitations extend to the Islands of Jersey, Guernsey, Alderney, Sark, and as to certain Man, and the Islands thereto belonging, as to the Provisions Islands. therein for mustering and paying, and to the Provisions for the Trial and Punishment of Officers and Soldiers who shall be charged with Mutiny and Desertion, or any other of the Offences which are by this Act declared to be punishable by the Sentence of a General, or Garrison, or Detachment, or Regimental Courtmartial, and also to the Provisions which relate to the Punishment of Persons who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Clothes, Military Furniture, or Regimental Necessaries, from any Soldier or Deserter, or who shall cause the Colour of any such Clothes to be changed. XXXII. And be it enacted, That every Person who shall re- Enlisting and ceive Enlisting Money from any Person employed in the Recruit- swearing of ing Service, he being an Officer, Non-commissioned Officer, or an attested Soldier, shall be deemed to be enlisted as a Soldier in His Majesty's Service, and while he shall remain with the Recruiting Party shall be entitled to be billetted; and every Person who shall enlist any Recruit shall first ask the Person offering to enlist, whether he does or does not belong to the Militia, and shall cause to be taken down, in Writing, the Name and Place of Abode of such Recruit; and when any Person shall be enlisted as a Soldier in His Majesty's Land Service, he shall, within Four Days, but not sooner than Twenty-four Hours after such enlisting, appear, together with some Person employed in the Recruiting Service of the Party with which he shall have enlisted, before a Justice residing in the Vicinity of the Place, and acting for the Division or District where such Recruit shall have been enlisted, and not being an Officer in the Army; and if such Recruit shall declare his having voluntarily enlisted, the said Justice shall cause to be read to him the Notice contained in the Schedule to this Act annexed, and shall examine him as to whether he does or does not belong to the Militia, and shall require the Recruit to sign a Declaration in the Form in the said Schedule, and he is hereby required forthwith to cause to be read over in his own Presence to such Recruit the First and Second Article of the Second Section of the Articles of War against Mutiny and Desertion, and to administer to such Recruit the Oath of Allegiance and Fidelity, and Oath in the Schedule to this Act annexed, for limited or unlimited Service, or for Service in the Forces of the East India Company, as may be applicable to the Case of the Recruit, and no other Oaths, any Thing in any Acts to the contrary notwithstanding; and the said Justice is hereby required forthwith to certify, under his Hand, the enlisting and swearing, in the Form attached to such Oaths respectively, together with the Place of Birth, Age, and Calling, if known, of such Recruit; and if any such Recruit so to be certified shall refuse to take the Oath of Allegiance and Fidelity before the said Justice, it shall be lawful for the Officer or Noncommissioned Officer with whom he enlisted to detain and confine such Person until he shall take the said Oath of Fidelity.

XXXIII. And be it enacted, That any Recruit appearing as aforesaid before such Justice shall be at liberty to declare his Dissent to such Enlisting, and upon such Declaration, and returnČ 3

ing

Dissent and
Relief from

Enlistment.

Offences connected with Enlistment.

ing the Enlisting Money, and also paying the Sum of Twenty Shillings for the Charges expended upon him, together with the full Amount of Subsistence and Beer Money which shall have been paid to such Recruit subsequent to the Period of his having been enlisted, shall be forthwith discharged and set at liberty, in the Presence of such Justice; but if such Person shall refuse or neglect, within the Space of Twenty-four Hours after so declaring his Dissent, to return such Money as aforesaid, he shall be deemed and taken to be enlisted as if he had given his Assent thereto before the said Justice: Provided also, that it shall be lawful for any Justice to discharge any Person who shall have hastily enlisted, and who shall apply to him to declare his Dissent within such Four Days as aforesaid, upon Payment of the Sum of Money required to be paid by any Recruit declaring his Dissent under this Act, notwithstanding no Person belonging to the Recruiting Party shall be with the Recruit, if it shall appear to such Justice, upon Proof to his Satisfaction, that the Recruiting Party has left the Place where such Recruit was enlisted, or that the Recruit could not procure any Person belonging to such Party to go with him before the Justice; and the Sum paid by such Recruit upon his Discharge shall be kept by the Justice, and paid to any Person belonging to the Recruiting Party entitled thereto demanding the same; provided that no Recruit who has been actually, though erroneously, discharged by the Justice, before the Expiration of Twenty-four Hours after the Time of his Enlistment, shall be liable on that Account to be proceeded against as having deserted from His Majesty's Service; and the Justice who shall discharge any Recruit shall in every Case give a Certificate thereof, signed with his Hand, to the Recruit, specifying the Cause thereof.

XXXIV. And be it enacted, That if any Recruit shall receive the Enlisting Money from any Person employed in the Recruiting Service (knowing it to be such), and shall abscond, or refuse to go before such Justice, or shall thereafter absent himself from the Recruiting Party or Person with whom he enlisted, and shall not voluntarily return to go before some Justice within such Period of Four Days aforesaid, such Recruit shall be deemed to be enlisted and a Soldier in His Majesty's Service, as fully, to all Intents and Purposes, as if he had been duly attested, and may be apprehended and punished as a Deserter, or for being absent without Leave, under any Articles of War made for Punishment of Mutiny and Desertion; and such Recruit shall not be discharged by any Justice of the Peace after the Expiration of such Four Days as aforesaid, unless it shall be proved to the Satisfaction of such Justice that the true Name and Residence of the Recruit was disclosed and known to the Recruiting Party, and that no Notice was given to the Recruit, or left at his usual Place of Abode, of his having so enlisted; provided that in every Case wherein any Recruit shall have received Enlisting Money, and shall have absconded from the Party, so that it shall not be possible immediately to apprehend and bring him before a Justice, the Officer or Non-commissioned Officer commanding the Party shall produce to the Justice before whom the Recruit ought regularly to have been brought for Attestation, a Certificate of the

Name

Name and Place of Residence of such Recruit; and the Justice to whom such Certificate shall be produced shall, after satisfying himself that the Recruit who had absconded cannot be found and apprehended, transmit a Duplicate thereof to His Majesty's Secretary at War, or if in Ireland, to the Chief Secretary, in order that, in the Event of such Recruit being afterwards apprehended and reported as a Deserter, the Facts of his having received Enlisting Money, and having absconded after having been enlisted, may be ascertained before he be finally adjudged to be a Deserter; and any Recruit who shall enlist into His Majesty's Forces, and who shall be discovered to be incapable of active Service by reason of any Infirmity concealed or not declared by such Recruit before the Justice at the Time of his Attestation, and mentioned at the Foot thereof, may be transferred into any Garrison or Veteran or Invalid Battalion, or into His Majesty's Marine Forces, notwithstanding he shall have enlisted for any particular Regi ment, and shall be entitled to receive such Proportion or Residue of Bounty only as His Majesty may allow in that Behalf, instead of the Bounty upon which such Man shall have been enlisted, any Thing in any Act or Acts, or any Rules and Regulations relating to Soldiers, to the contrary notwithstanding; and it shall be lawful for any Two Justices before whom such Recruit shall be brought, and who shall be proved, upon Oath before them, to have wilfully concealed any such Infirmity upon being attested, or to have designedly made any false Representation as aforesaid, to adjudge such Person to be a Rogue and Vagabond, and to sentence him to such Punishment as by any Law now in force may be inflicted upon Rogues and Vagabonds and Vagrants and incorrigible Rogues; and any Recruit who shall designedly make any false Representation of any Particular contained in the Oaths and Certificates in the Schedule to this Act annexed, before the Justice at the Time of his Attestation, and shall obtain any Enlisting Money, or any Bounty for entering into His Majesty's Service, or any other Money, shall be deemed guilty of obtaining Money under false Pretences, within the true Intent and Meaning, if in England, of an Act, intituled An Act for consolidating and amending 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 present Majesty, intituled An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith; and the Production of such Certificate, and Proof of the Handwriting of the Justice giving such Certificate, shall be sufficient Evidence of such Party having represented the several Particulars contained in the Oath sworn by him, and specified in the Certificate of the Justice at the Time of his being attested; and that Proof by the Oath of One or more credible Witnesses, that the Person so prosecuted hath voluntarily acknowledged that at the Time of his Enlistment he belonged to the Militia, or to any Regiment in His Majesty's Service, or to His Majesty's Navy or Marines, shall be deemed and taken as Evidence of the Fact so by him acknowledged, without Production of any Roll or other Document to prove the same; and any Man who at the Time of offering to enlist shall deny that he is a Militia Man then actually enrolled and engaged to serve, or shall deny to

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the